Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 25 - STATE WATER CONTROL BOARD
Chapter 875 - VIRGINIA EROSION AND STORMWATER MANAGEMENT REGULATION
Part VII - Virginia Pollutant Discharge Elimination System (VPDES) Permits
Article 3 - Permit Applications
Section 9VAC25-875-990 - New sources and new discharges
Universal Citation: 9 VA Admin Code 9VAC25-875-990
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 the source meets the definition of new source in
this chapter and
a. The source is constructed
at a site at which no other source is located;
b. The source totally replaces the process or
production equipment that causes the discharge of pollutants at an existing
source; or
c. The source's
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 subdivision 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
9VAC25-875-1230 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
subdivision 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 onsite 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 that 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 that
are intended to be used in the new source's operation within a reasonable time.
Options to purchase or contracts that can be terminated or modified without
substantial loss and contracts for feasibility engineering, and design studies
do not constitute a contractual obligation under this subdivision 4
b.
B. Effect of compliance with new source performance standards. The provisions of this subsection do not apply to existing sources that modify the existing sources' pollution control facilities or construct new pollution control facilities and achieve performance standards, but that are neither new sources nor new dischargers or otherwise do not meet the requirements of this subsection.
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 that 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.
10 years from the date that construction is completed;
b. 10 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 that are not technology based; for example, conditions based
on water quality standards, or toxic effluent standards or prohibitions under
the State Water Control Law and § 307(a) of the CWA; or
b. Additional permit conditions controlling
toxic pollutants or hazardous substances that 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 separate VPDES or 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 State Water Control 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 that 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 subdivision do not apply if the owner or operator is
issued a permit containing a compliance schedule under
9VAC25-875-1060 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: § 62.1-44.15:28 of the Code of Virginia; Chapters 68 and 758 of the 2016 Acts of Assembly.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
