Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 520 - BIOMASS ENERGY GENERATOR GENERAL PERMIT FOR A PILOT TEST FACILITY › Part II - General Provisions › Section 9VAC5-520-50 - General authorization; conditions requiring a new source review permit

Current through Register Vol. 40, No. 24, July 15, 2024
A. A biomass pilot
				  test facility desiring authority to construct and test under the general permit
				  shall comply with the requirements of the general permit, may be subject to
				  applicable requirements of 9VAC5-80 (Permits for Stationary Sources), and shall
				  register with the department as required under
				  9VAC5-20-160.
B. A biomass pilot test facility may continue
				  to operate under the terms and conditions set forth in
				  9VAC5-520-180 J 2 provided the test
				  results demonstrate the emissions are below the permit emission threshold
				  limits of 9VAC5-520-170 and the facility is
				  exempt from the minor source permitting requirements.
C. No general permit for a biomass pilot test
				  facility will be issued until the department has received a submission that the
				  facility is not a major source subject to the provisions of Article 1, 3, 7, 8,
				  or 9 of Part II of 9VAC5-80 (Permits for Stationary Sources). Each submission
				  shall include the following statement by the permittee or authorized
				  representative: "I am authorized to make this submission on behalf of the
				  owners and operators of the biomass pilot test facility for which the
				  submission is made. I certify under penalty of law that the statements and
				  information submitted in this document and all its attachments were prepared in
				  accordance with a system designed to assure that qualified personnel properly
				  gather and evaluate the information submitted. Based on my inquiry of the
				  person or persons who manage the system, or those persons directly responsible
				  for gathering and evaluating the information, the information submitted is, to
				  the best of my knowledge and belief, true, accurate, and complete. I certify,
				  based on my knowledge of the biomass pilot test facility and the attached
				  mathematical or engineering demonstration or both, that the facility is not a
				  major source, is not located at a major source defined in this chapter, or is
				  not subject to § 129 of the federal Clean Air Act. If information
				  demonstrates that the facility is subject to the provisions of Article 1, 3, 7,
				  8, or 9 of Part II of 9VAC5-80 (Permits for Stationary Sources) or § 129
				  of the federal Clean Air Act, the facility will stop operation immediately. I
				  am aware that there are significant penalties for submitting false statements
				  and information or omitting required statements and information, including the
				  possibility of fine or imprisonment."
D. The department may require a permittee
				  that is authorized to construct and test under this general permit to apply for
				  and obtain a minor NSR permit. Any interested person may request the board to
				  take action under this subsection. Cases where an individual minor NSR permit
				  may be required include the following:
1. The
				  emissions are above the permit emission threshold limits of
				  9VAC5-520-170 for either criteria
				  pollutants or hazardous air pollutants;
2. Circumstances have changed since the time
				  of the request to be authorized to be exempt from permitting so that the
				  emissions are no longer appropriately controlled under the terms and conditions
				  of the exemption letter;
3. Either
				  a temporary or permanent reduction or elimination of the emissions is
				  necessary; or
4. Other relevant
				  factors.