Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 31 - VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM (VPDES) PERMIT REGULATION
Part II - Permit Applications and Special VPDES Permit Programs
Section 9VAC25-31-180 - New sources and new dischargers
Universal Citation: 9 VA Admin Code 25-31-180
Current through Register Vol. 41, No. 3, September 23, 2024
A. Criteria for new source determination.
1. Except as
otherwise provided in an applicable new source performance standard, a source
is a new source if it meets the definition of new source in this chapter, and
a. It is constructed at a site at which no
other source is located; or
b. It
totally replaces the process or production equipment that causes the discharge
of pollutants at an existing source; or
c. Its processes are substantially
independent of an existing source at the same site. In determining whether
these processes are substantially independent, the department shall consider
such factors as the extent to which the new facility is integrated with the
existing plant; and the extent to which the new facility is engaged in the same
general type of activity as the existing source.
2. A source meeting the requirements of
subdivisions 1 a, b, or c of this subsection is a new source only if a new
source performance standard is independently applicable to it. If there is no
such independently applicable standard, the source is a new
discharger.
3. Construction on a
site at which an existing source is located results in a permit modification
subject to
9VAC25-31-390
rather than a new source (or a new discharger) if the construction does not
create a new building, structure, facility, or installation meeting the
criteria of subdivisions 1 b or c of this subsection but otherwise alters,
replaces, or adds to existing process or production equipment.
4. Construction of a new source has commenced
if the owner or operator has:
a. Begun, or
caused to begin as part of a continuous on-site construction program:
(1) Any placement, assembly, or installation
of facilities or equipment; or
(2)
Significant site preparation work including clearing, excavation or removal of
existing buildings, structures, or facilities which is necessary for the
placement, assembly, or installation of new source facilities or equipment;
or
b. Entered into a
binding contractual obligation for the purchase of facilities or equipment
which are intended to be used in its operation within a reasonable time.
Options to purchase or contracts which can be terminated or modified without
substantial loss, and contracts for feasibility engineering, and design studies
do not constitute a contractual obligation under the paragraph.
B. Effect of compliance with new source performance standards. The provisions of this subsection do not apply to existing sources which modify their pollution control facilities or construct new pollution control facilities and achieve performance standards, but which are neither new sources or new dischargers or otherwise do not meet the requirements of this subdivision.
1.
Except as provided in subdivision 2 of this subsection, any new discharger, the
construction of which commenced after October 18, 1972, or new source which
meets the applicable promulgated new source performance standards before the
commencement of discharge, may not be subject to any more stringent new source
performance standards or to any more stringent technology-based standards under
§ 301(b)(2) of the CWA for the soonest ending of the following periods:
a. Ten years from the date that construction
is completed;
b. Ten years from the
date the source begins to discharge process or other nonconstruction related
wastewater; or
c. The period of
depreciation or amortization of the facility for the purposes of §§
167 or 169 (or both) of the Internal Revenue Code of 1954 (26 USC
167 and
26
USC 169, respectively).
2. The protection from more stringent
standards of performance afforded by subdivision 1 of this subsection does not
apply to:
a. Additional or more stringent
permit conditions which are not technology based; for example, conditions based
on water quality standards, or toxic effluent standards or prohibitions under
the law and § 307(a) of the CWA; or
b. Additional permit conditions controlling
toxic pollutants or hazardous substances which are not controlled by new source
performance standards. This includes permit conditions controlling pollutants
other than those identified as toxic pollutants or hazardous substances when
control of these pollutants has been specifically identified as the method to
control the toxic pollutants or hazardous substances.
3. When a VPDES permit issued to a source
with a protection period under subdivision 1 of this subsection will expire on
or after the expiration of the protection period, that permit shall require the
owner or operator of the source to comply with the requirements of § 301
of the CWA and any other then applicable requirements of the CWA and the law
immediately upon the expiration of the protection period. No additional period
for achieving compliance with these requirements may be allowed except when
necessary to achieve compliance with requirements promulgated less than three
years before the expiration of the protection period.
4. The owner or operator of a new source, a
new discharger which commenced discharge after August 13, 1979, or a
recommencing discharger shall install and have in operating condition, and
shall start-up all pollution control equipment required to meet the conditions
of its permits before beginning to discharge. Within the shortest feasible time
(not to exceed 90 days), the owner or operator must meet all permit conditions.
The requirements of this paragraph do not apply if the owner or operator is
issued a permit containing a compliance schedule under
9VAC25-31-250
A 2.
5. After the effective date of
new source performance standards, it shall be unlawful for any owner or
operator of any new source to operate the source in violation of those
standards applicable to the source.
Statutory Authority: § 62.1-44.15 of the Code of Virginia; § 402 of the federal Clean Water Act; 40 CFR Parts 122, 123, 124, 403, and 503.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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