reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1695 - Exemptions

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 requirements of this article shall not apply to a particular major stationary
					 source or major modification if:
1. The source
					 or modification would be a major stationary source or major modification only
					 if fugitive emissions, to the extent quantifiable, are considered in
					 calculating the potential to emit of the stationary source or modification and
					 the source does not belong to any of the following categories:
a. Coal cleaning plants (with thermal
					 dryers).
b. Kraft pulp
					 mills.
c. Portland cement
					 plants.
d. Primary zinc
					 smelters.
e. Iron and steel
					 mills.
f. Primary aluminum ore
					 reduction plants.
g. Primary copper
					 smelters.
h. Municipal incinerators
					 capable of charging more than 250 tons of refuse per day.
i. Hydrofluoric acid plants.
j. Sulfuric acid plants.
k. Nitric acid plants.
l. Petroleum refineries.
m. Lime plants.
n. Phosphate rock processing
					 plants.
o. Coke oven
					 batteries.
p. Sulfur recovery
					 plants.
q. Carbon black plants
					 (furnace process).
r. Primary lead
					 smelters.
s. Fuel conversion
					 plants.
t. Sintering
					 plants.
u. Secondary metal
					 production plants.
v. Chemical
					 process plants (which shall not include ethanol production facilities that
					 produce ethanol by natural fermentation included in NAICS codes 325193 or
					 312140).
w. Fossil-fuel boilers (or
					 combination of them) totaling more than 250 million British thermal units per
					 hour heat input.
x. Petroleum
					 storage and transfer units with a total storage capacity exceeding 300,000
					 barrels.
y. Taconite ore processing
					 plants.
z. Glass fiber processing
					 plants.
aa. Charcoal production
					 plants.
bb. Fossil fuel-fired steam
					 electric plants of more than 250 million British thermal units per hour heat
					 input.
cc. Any other stationary
					 source category which, as of August 7, 1980, is being regulated under 40 CFR
					 Part 60 or 61; or
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1700

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1705 - Control technology review

Current through Register Vol. 40, No. 24, July 15, 2024
A. A major stationary source or major
					 modification shall meet each applicable emissions limitation under the
					 implementation plan and each applicable emissions standard and standard of
					 performance under 40 CFR Parts 60, 61 and 63.
B. A new major stationary source shall apply
					 best available control technology for each regulated NSR pollutant that it
					 would have the potential to emit in significant amounts.
C. A major modification shall apply best
					 available control technology for each regulated NSR pollutant for which it
					 would result in a significant net emissions increase at the source. This
					 requirement applies to each proposed emissions unit at which a net emissions
					 increase in the pollutant would occur as a result of a physical change or
					 change in the method of operation in the unit.
D. For phased construction projects, the
					 determination of best available control technology shall be reviewed and
					 modified as appropriate at the latest reasonable time that occurs no later than
					 18 months prior to commencement of construction of each independent phase of
					 the project. At such time, the owner of the applicable stationary source may be
					 required to demonstrate the adequacy of any previous determination of best
					 available control technology for the source.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; Clean Air
						  Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61,
						  63, 70 and 72.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1710

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1715 - Source impact analysis

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 owner of the proposed source or modification shall demonstrate that allowable
					 emission increases from the proposed source or modification, in conjunction
					 with all other applicable emissions increases or reductions (including
					 secondary emissions), would not cause or contribute to air pollution in
					 violation of:
1. Any ambient air quality
					 standard in any air quality control region; or
2. Any applicable maximum allowable increase
					 over the baseline concentration in any area.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1720

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1725 - Air quality models

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 All applications of air quality modeling involved in this article shall be
					 based on the applicable air quality models, data bases, and other requirements
					 specified in Appendix W to 40 CFR Part 51.
B. Where an air quality impact model
					 specified in Appendix W to 40 CFR Part 51 is inappropriate, the model may be
					 modified or another model substituted. Such a modification or substitution of a
					 model may be made on a case-by-case basis, or, where appropriate, on a generic
					 basis for a specific state program. Written approval of the administrator shall
					 be obtained for any modification or substitution. In addition, use of a
					 modified or substituted model shall be subject to notice and opportunity for
					 public comment under procedures developed in accordance with
					 9VAC5-80-1775.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; Clean Air
						  Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61,
						  63, 70 and 72.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1730

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1735 - Air quality analysis

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Preapplication analysis shall be conducted as follows:
1. Any application for a permit under this
					 article shall contain an analysis of ambient air quality in the area that the
					 major stationary source or major modification would affect for each of the
					 following pollutants:
a. For the source, each
					 pollutant that it would have the potential to emit in a significant
					 amount;
b. For the modification,
					 each pollutant for which it would result in a significant net emissions
					 increase.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1740

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1745 - Source information

Current through Register Vol. 40, No. 24, July 15, 2024
The owner of a proposed source or modification shall
						submit all information necessary to perform any analysis or make any
						determination required under this article.
A. With respect to a source or modification
					 to which
					 9VAC5-80-1705,
					 9VAC5-80-1715,
					 9VAC5-80-1735,
					 and
					 9VAC5-80-1755
					 apply, such information shall include:
1. A
					 description of the nature, location, design capacity, and typical operating
					 schedule of the source or modification, including specifications and drawings
					 showing its design and plant layout;
2. A detailed schedule for construction of
					 the source or modification;
3. A
					 detailed description as to what system of continuous emission reduction is
					 planned for the source or modification, emission estimates, and any other
					 information necessary to determine that best available control technology would
					 be applied.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1750

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1755 - Additional impact analyses

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 owner shall provide an analysis of the impairment to visibility, soils and
					 vegetation that would occur as a result of the source or modification and
					 general commercial, residential, industrial and other growth associated with
					 the source or modification. The owner need not provide an analysis of the
					 impact on vegetation having no significant commercial or recreational
					 value.
B. The owner shall provide
					 an analysis of the air quality impact projected for the area as a result of
					 general commercial, residential, industrial and other growth associated with
					 the source or modification.
C. The
					 department may require monitoring of visibility in any federal class I area
					 near the proposed new stationary source or major modification for such purposes
					 and by such means as the department deems necessary and appropriate.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1760

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1765 - Sources affecting federal class I areas - additional requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department shall transmit to the administrator a copy of each permit
					 application relating to a major stationary source or major modification and
					 provide notice to the administrator of the following actions related to the
					 consideration of such permit:
1. Notification
					 of the permit application status as provided in
					 9VAC5-80-1773
					 A.
2. Notification of the public
					 comment period on the application as provided in
					 9VAC5-80-1775
					 F 2.
3. Notification of the final
					 determination on the application and issuance of the permit as provided in
					 9VAC5-80-1773
					 D.
4. Notification of any other
					 action deemed appropriate by the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1770

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1773 - Action on permit application

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Within 30 days after receipt of an application, the department will notify the
					 applicant of the status of the application. The notification of the initial
					 determination with regard to the status of the application will be provided by
					 the department in writing and will include (i) a determination as to which
					 provisions of the new source review program are applicable, (ii) the
					 identification of any deficiencies, and (iii) a determination as to whether the
					 application contains sufficient information to begin application review. The
					 determination that the application has sufficient information to begin review
					 is not necessarily a determination that it is complete. Within 30 days after
					 receipt of any additional information, the department will notify the applicant
					 in writing of any deficiencies in such information. The date of receipt of a
					 complete application shall be, for the purpose of this article, the date on
					 which the department received all required information and the provisions of
					 § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met, if
					 applicable.
B. The department will
					 normally process an application according to the steps specified in
					 subdivisions 1 through 4 of this subsection. Processing time for these steps is
					 normally one year following receipt of a complete application. The department
					 may extend this time period if additional information is needed.
1. Complete the preliminary review and
					 analysis in accordance with
					 9VAC5-80-1705
					 and the preliminary determination whether construction should be approved,
					 approved with conditions, or disapproved.
2. Complete the public participation
					 requirements in accordance with
					 9VAC5-80-1775.
3. Consider the public comments received in
					 accordance with
					 9VAC5-80-1775.
4. Complete the final review and analysis and
					 the final determination of the department.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1780

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1785 - Source obligation

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
					 owner who constructs or operates a source or modification not in accordance (i)
					 with the application submitted pursuant to this article or (ii) with the terms
					 and conditions of any permit to construct or operate, or any owner of a source
					 or modification subject to this article who commences construction or operation
					 without applying for and receiving a permit hereunder, shall be subject to
					 appropriate enforcement action including, but not limited to, any specified in
					 9VAC5-80-1985.
B. The provisions of this subsection apply to
					 projects at an existing emissions unit at a major stationary source (other than
					 projects at a source with a PAL) in circumstances where there is a reasonable
					 possibility that a project that is not a part of a major modification may
					 result in a significant emissions increase and the owner elects to use the
					 method specified in subdivisions a through c of the definition of "projected
					 actual emissions" for calculating projected actual emissions.
1. Before beginning actual construction of
					 the project, the owner shall document and maintain a record of the following
					 information:
a. A description of the
					 project;
b. Identification of the
					 emissions unit(s) whose emissions of a regulated NSR pollutant could be
					 affected by the project; and
c. A
					 description of the applicability test used to determine that the project is not
					 a major modification for any regulated NSR pollutant, including the baseline
					 actual emissions, the projected actual emissions, the amount of emissions
					 excluded under subdivision c of the definition of "projected actual emissions"
					 and an explanation for why such amount was excluded, and any netting
					 calculations, if applicable.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1790

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1795 - Environmental impact statements

Current through Register Vol. 40, No. 24, July 15, 2024
Whenever any proposed source or modification is subject
						to action by a federal agency that might necessitate preparation of an
						environmental impact statement pursuant to the National Environmental Policy
						Act ( 42 USC
						4321 ), review conducted pursuant to this
						article shall be coordinated by the administrator with the broad environmental
						reviews under that Act and under § 309 of the federal Clean Air Act to the
						maximum extent feasible and reasonable.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; Clean Air
						  Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61,
						  63, 70 and 72.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1800

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1805 - Disputed permits

Current through Register Vol. 40, No. 24, July 15, 2024
If a permit is proposed to be issued for any major
						stationary source or major modification proposed for construction in any state
						that the governor of an affected state or Indian governing body of an affected
						tribe determines will cause or contribute to a cumulative change in air quality
						in excess of that allowed in this part within the affected state or Indian
						reservation, the governor or Indian governing body may request the
						administrator to enter into negotiations with the persons involved to resolve
						such dispute. If requested by any state or Indian governing body involved, the
						administrator shall make a recommendation to resolve the dispute and protect
						the air quality related values of the lands involved. If the persons involved
						do not reach agreement, the administrator shall resolve the dispute. The
						administrator's determination, or the results of agreements reached through
						other means, shall become part of the applicable implementation plan and shall
						be enforceable as part of such plan.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; Clean Air
						  Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61,
						  63, 70 and 72.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1810

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1815 - Interstate pollution abatement

Current through Register Vol. 40, No. 24, July 15, 2024
A. The owner of each source or modification,
					 which may significantly contribute to levels of air pollution in excess of an
					 ambient air quality standard in any air quality control region outside the
					 Commonwealth, shall provide written notice to all nearby states of the air
					 pollution levels that may be affected by such source at least 60 days prior to
					 the date of commencement of construction.
B. Any state or political subdivision may
					 petition the administrator for a finding that any source or modification emits
					 or would emit any air pollutant in amounts that will prevent attainment or
					 maintenance of any ambient air quality standard or interfere with measures for
					 the prevention of significant deterioration or the protection of visibility in
					 the implementation plan for such state. Within 60 days after receipt of such
					 petition and after a public hearing, the administrator will make such a finding
					 or deny the petition.
C.
					 Notwithstanding any permit granted pursuant to this article, no owner or other
					 person shall commence construction or modification or begin operation of a
					 source to which a finding has been made under the provisions of subsection B of
					 this section.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; Clean Air
						  Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61,
						  63, 70 and 72.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1820

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1825 - Innovative control technology

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Prior to the close of the public comment period under
					 9VAC5-80-1775,
					 an owner of a proposed major stationary source or major modification may
					 request, in writing, that the department approve a system of innovative control
					 technology.
B. The department, with
					 the consent of the governor(s) of affected state(s), will determine that the
					 source or modification may employ a system of innovative control technology,
					 if:
1. The proposed control system would not
					 cause or contribute to an unreasonable risk to public health, welfare, or
					 safety in its operation or function;
2. The owner agrees to achieve a level of
					 continuous emissions reduction equivalent to that which would have been
					 required under
					 9VAC5-80-1705
					 B by a date specified by the department. Such date shall not be later than four
					 years from the time of startup or seven years from permit issuance;
3. The source or modification would meet the
					 requirements of
					 9VAC5-80-1705
					 and
					 9VAC5-80-1715
					 based on the emissions rate that the stationary source employing the system of
					 innovative control technology would be required to meet on the date specified
					 by the department;
4. The source or
					 modification would not, before the date specified by the department:
a. Cause or contribute to a violation of an
					 applicable ambient air quality standard; or
b. Affect any area where an applicable
					 increment is known to be violated;
5. All other applicable requirements
					 including those for public participation have been met; and
6. The provisions of
					 9VAC5-80-1765
					 (relating to class I areas) have been satisfied with respect to all periods
					 during the life of the source or modification.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1830

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1835 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1840

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1845 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1850

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1855 - Reserved

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1860

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1865 - Actuals plantwide applicability limits (PALs)

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 department may approve the use of an actuals PAL for any existing major
					 stationary source if the PAL meets the requirements of this section. The term
					 "PAL" shall mean "actuals PAL" throughout this section.
1. Any physical change in or change in the
					 method of operation of a major stationary source that maintains its total
					 sourcewide emissions below the PAL level, meets the requirements of this
					 section, and complies with the PAL permit:
a.
					 Is not a major modification for the PAL pollutant;
b. Does not have to be approved through this
					 article; and
c. Is not subject to
					 the provisions in
					 9VAC5-80-1605 C
					 (restrictions on relaxing enforceable emission limitations that the major
					 stationary source used to avoid applicability of the major NSR
					 program).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1870 to 9VAC5-80-1920

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1915 - Actions to combine permit terms and conditions

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 General requirements for actions to combine permit terms and conditions are as
					 follows:
1. Except as provided in subdivision
					 3 of this subsection, the department may take actions to combine permit terms
					 and conditions as provided under subsections B through E of this
					 section.
2. Requests to combine
					 permit terms and conditions may be initiated by the permittee or by the
					 department.
3. Under no
					 circumstances may an action to combine permit terms and conditions be used for
					 any of the following:
a. To combine the terms
					 and conditions of (i) a federal operating permit, (ii) a PAL permit, or (iii)
					 any permit that is or will be part of the implementation plan.
b. To take an action to issue a permit or
					 change a permit for the fabrication, erection, installation, demolition,
					 relocation, addition, replacement, or modification of an emissions unit that
					 would result in a change in emissions that would otherwise (i) be subject to
					 review under this article or (ii) require a permit or permit amendment under
					 the new source review program.
c.
					 To allow any stationary source or emissions unit to violate any federal
					 requirement.
d. To take an action
					 to issue a permit or change a permit for any physical change in or change in
					 the method of operation of a major stationary source that is subject to the
					 provisions in
					 9VAC5-80-1605 C
					 (restrictions on relaxing enforceable emission limitations that the major
					 stationary source used to avoid applicability of the major NSR
					 program).
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1925 - Actions to change permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 general requirements for actions to make changes to permits issued under this
					 article are as follows:
1. Except as provided
					 in subdivision 3 of this subsection changes to a permit issued under this
					 article shall be made as specified under subsections B and C of this section
					 and
					 9VAC5-80-1935
					 through
					 9VAC5-80-1965.
2. Changes to a permit issued under this
					 article may be initiated by the permittee as specified in subsection B of this
					 section or by the department as specified in subsection C of this
					 section.
3. Changes to a permit
					 issued under this article and incorporated into a permit issued under Article 1
					 (9VAC5-80-50 et
					 seq.) or Article 3 (9VAC5-80-360 et
					 seq.) of this part shall be made as specified in Article 1 (9VAC5-80-50 et
					 seq.) or Article 3 (9VAC5-80-360 et
					 seq.) of this part.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1930

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1935 - Administrative permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Administrative permit amendments shall be used for and limited to the
					 following:
1. Correction of typographical or
					 any other error, defect or irregularity which does not substantially affect the
					 permit.
2. Identification of a
					 change in the name, address, or phone number of any person identified in the
					 permit, or of a similar minor administrative change at the source.
3. Change in ownership or operational control
					 of a source where the department determines that no other change in the permit
					 is necessary, provided that a written agreement containing a specific date for
					 transfer of permit responsibility, coverage, and liability between the current
					 and new permittee has been submitted to the department and the requirements of
					 9VAC5-80-2170
					 have been fulfilled.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1940

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1945 - Minor permit amendments

Current through Register Vol. 40, No. 24, July 15, 2024
A.
					 Minor permit amendment procedures shall be used only for those permit
					 amendments that meet all of the following criteria:
1. Do not violate any applicable federal
					 requirement.
2. Do not involve
					 significant changes to existing monitoring, reporting, or recordkeeping
					 requirements that would make the permit requirements less stringent, such as a
					 change to the method of monitoring to be used, a change to the method of
					 demonstrating compliance or a relaxation of reporting or recordkeeping
					 requirements.
3. Do not require or
					 change a case-by-case determination of an emissions limitation or other
					 requirement.
4. Do not seek to
					 establish or change a permit term or condition (i) for which there is no
					 corresponding underlying applicable regulatory requirement and (ii) that the
					 source has assumed to avoid an applicable regulatory requirement to which the
					 source would otherwise be subject. Such terms and conditions include, but are
					 not limited to, an emissions cap assumed to avoid classification as a
					 modification under the new source review program.
5. Are not required to be processed as a
					 significant amendment under
					 9VAC5-80-1955;
					 or as an administrative permit amendment under
					 9VAC5-80-1935.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1950

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1955 - Significant amendment procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. The
					 criteria for use of significant amendment procedures are as follows:
1. Significant amendment procedures shall be
					 used for requesting permit amendments that do not qualify as minor permit
					 amendments under
					 9VAC5-80-1945
					 or as administrative amendments under
					 9VAC5-80-1935.
2. Significant amendment procedures shall be
					 used for those permit amendments that meet any of the following criteria:
a. Involve significant changes to existing
					 monitoring, reporting, or recordkeeping requirements that would make the permit
					 requirements less stringent, such as a change to the method of monitoring to be
					 used, a change to the method of demonstrating compliance or a relaxation of
					 reporting or recordkeeping requirements.
b. Require or change a case-by-case
					 determination of an emissions limitation or other requirement.
c. Seek to establish or change a permit term
					 or condition (i) for which there is no corresponding underlying applicable
					 regulatory requirement and (ii) that the source has assumed to avoid an
					 applicable regulatory requirement to which the source would otherwise be
					 subject. Such terms and conditions include, but are not limited to, an
					 emissions cap assumed to avoid classification as a modification under the new
					 source review program.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1960

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1965 - Reopening for cause

Current through Register Vol. 40, No. 24, July 15, 2024
A. A
					 permit may be reopened and amended under any of the following situations:
1. Additional regulatory requirements become
					 applicable to the emissions units covered by the permit after a permit is
					 issued but prior to commencement of construction.
2. The department determines that the permit
					 contains a material mistake or that inaccurate statements were made in
					 establishing the emissions standards or other terms or conditions of the
					 permit.
3. The department
					 determines that the permit must be amended to assure compliance with the
					 applicable regulatory requirements or that the terms and conditions of the
					 permit are not sufficient to meet all of the requirements contained in this
					 article.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1970

Current through Register Vol. 40, No. 24, July 15, 2024
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1975 - Transfer of permits

Current through Register Vol. 40, No. 24, July 15, 2024
A. No
					 person shall transfer a permit from one location to another, or from one piece
					 of equipment to another.
B. In the
					 case of a transfer of ownership of a stationary source, the new owner shall
					 abide by any current permit issued to the previous owner. The new owner shall
					 notify the department of the change in ownership within 30 days of the
					 transfer.
C. In the case of a name
					 change of a stationary source, the owner shall abide by any current permit
					 issued under the previous source name. The owner shall notify the department of
					 the change in source name within 30 days of the name change.
D. The provisions of this section concerning
					 the transfer of a permit from one location to another shall not apply to the
					 relocation of portable facilities that are exempt from the provisions of this
					 article by
					 9VAC5-80-1695 A
					 2.
Statutory Authority: § 10.1-1308 of the Code of
						  Virginia.
Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 80 - PERMITS FOR STATIONARY SOURCES › Part II - Emission Standards › Article 8 - Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas › Section 9VAC5-80-1995 - Existence of permit no defense

Current through Register Vol. 40, No. 24, July 15, 2024
The existence of a permit under this article shall not
						constitute a defense to a violation of the Virginia Air Pollution Control Law
						(§ 10.1-1300 et seq. of the Code of Virginia) or the regulations of the
						board and shall not relieve any owner of the responsibility to comply with any
						applicable regulations, laws, ordinances and orders of the governmental
						entities having jurisdiction.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; Clean Air Act
						  (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70
						  and 72.