Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 7 - Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants › Section 9VAC5-80-1490 - Compliance determination and verification by performance testing

Current through Register Vol. 40, No. 24, July 15, 2024
A. An
					 owner of a constructed or reconstructed major source shall comply with all
					 requirements in the final permit issued pursuant to this article, including but
					 not limited to any emission limitation or work practice standard, and any
					 notification, operation and maintenance, performance testing, monitoring,
					 reporting, and recordkeeping requirements.
B. An owner of a constructed or reconstructed
					 major source which has obtained a permit shall be deemed to be in compliance
					 with the Virginia Air Pollution Control Law only to the extent that the
					 constructed or reconstructed major source is in compliance with all
					 requirements set forth in the permit issued pursuant to this article. Any
					 violation of such requirements by the owner or any other person shall be deemed
					 by the department to be a violation of the prohibition on construction or
					 reconstruction in this article for whatever period the owner is determined to
					 be in violation of such requirements, and shall subject the owner to
					 appropriate enforcement action under the Virginia Air Pollution Control
					 Law.
C. Compliance with emission
					 standards shall be determined in accordance with the provisions of
					 9VAC5-60-20 and shall
					 be verified by emission tests in accordance with the provisions of
					 9VAC5-60-30.
D. Testing required by this section shall be
					 conducted by the owner within 60 days after achieving the maximum production
					 rate at which the new or reconstructed source will be operated, but not later
					 than 180 days after initial startup of the source; and 60 days thereafter the
					 department shall be provided by the owner with two or, upon request, more
					 copies of a written report of the results of the tests.
E. The requirements of subsections C and D of
					 this section shall be met unless the department:
1. Specifies or approves, in specific cases,
					 the use of a reference method with minor changes in methodology;
2. Approves the use of an equivalent
					 method;
3. Approves the use of an
					 alternative method, the results of which the department has determined to be
					 adequate for indicating whether a specific source is in compliance;
4. Waives the requirement for testing
					 because, based upon a technical evaluation of the past performance of similar
					 source types, using similar control methods, the department reasonably expects
					 the new or reconstructed source to perform in compliance with applicable
					 standards; or
5. Waives the
					 requirement for testing because the owner of the source has demonstrated by
					 other means to the department's satisfaction that the source is in compliance
					 with the applicable standard.