Current through Register Vol. 41, No. 3, September 23, 2024
A. Sixty days after
achieving the maximum production rate, but not later than 180 days after
initial startup, no owner or other person shall operate any new or modified
source in violation of any standard of performance prescribed under this
chapter.
1. Compliance with standards in this
chapter, other than opacity standards, shall be determined by performance tests
established by
9VAC5-50-30, unless specified
otherwise in the applicable standard.
2. Compliance with federal requirements in
this chapter may be determined by alternative or equivalent methods only if
approved by the administrator. For purposes of this subsection, federal
requirements consist of the following:
a. New
source performance standards established pursuant to § 111 of the federal
Clean Air Act.
b. All terms and
conditions in a federal operating permit, including any provisions that limit a
source's potential to emit, unless expressly designated as not federally
enforceable.
c. Limitations and
conditions that are part of an implementation plan.
d. Limitations and conditions that are part
of a section 111(d) or section 111(d)/129 plan.
e. Limitations and conditions that are part
of a federal construction permit issued under
40 CFR
52.21 or any construction permit issued under
regulations approved by EPA in accordance with 40 CFR Part 51.
f. Limitations and conditions that are part
of an operating permit issued pursuant to a program approved by EPA into an
implementation plan as meeting EPA's minimum criteria for federal
enforceability, including adequate notice and opportunity for EPA and public
comment prior to issuance of the final permit and practicable
enforceability.
3.
Compliance with opacity standards in this chapter may be determined by one or
more of the following means:
a. Conducting
observations in accordance with Reference Method 9 or any alternative method
approved by EPA, if specified in the permit granted pursuant to 9VAC5 Chapter
80 (9VAC5-80). For purposes of determining initial compliance, the minimum
total time of observations shall be three hours (30 six-minute averages) for
the performance test or other set of observations (meaning those fugitive-type
emission sources subject only to an opacity standard). Opacity readings of
portions of plumes which contain condensed, uncombined water vapor shall not be
used for purposes of determining compliance with opacity standards.
b. Evaluation of data resulting from use of
continuous monitoring by transmissometer, provided the instrument used meets
Performance Specification 1 in Appendix B of 40 CFR Part 60 and has been
properly maintained and that the resulting data have not been altered in any
way.
c. Use of any other method
approved by EPA.
4. The
opacity standards prescribed under this chapter shall apply at all times except
during periods of startup, shutdown, malfunction and as otherwise provided in
the applicable standard.
5.
Variation from a specified standard may be granted by the board for a definite
period for testing and adjustment.
B. No owner of a new or modified source
subject to the provisions of this chapter shall fail to conduct performance
tests as required under this chapter.
C. No owner of a new or modified source
subject to the provisions of this chapter shall fail to install, calibrate,
maintain and operate equipment for continuously monitoring and recording
emissions or process parameters or both as required under this
chapter.
D. No owner of a new or
modified source subject to the provisions of this chapter shall fail to provide
notifications and reports, revise reports, maintain records or report
performance test or monitoring results as required under this
chapter.
E. At all times, including
periods of startup, shutdown, soot blowing and malfunction, owners shall, to
the extent practicable, maintain and operate any affected facility including
associated air pollution control equipment in a manner consistent with air
pollution control practices for minimizing emissions. Determination of whether
acceptable operating and maintenance procedures are being used will be based on
information available to the board, which may include, but is not limited to,
monitoring results, opacity observations, review of operating and maintenance
procedures, and inspection of the source.
F. At all times the disposal of volatile
organic compounds shall be accomplished by taking measures, to the extent
practicable, consistent with air pollution control practices for minimizing
emissions. Volatile organic compounds shall not be intentionally spilled,
discarded in sewers which are not connected to a treatment plant, or stored in
open containers or handled in any other manner that would result in evaporation
beyond that consistent with air pollution control practices for minimizing
emissions.
G. The following
provisions apply with respect to compliance with opacity standards.
1. For the purpose of demonstrating initial
compliance, opacity observations shall be conducted concurrently with the
initial performance test unless one of the following conditions apply.
a. If no performance test is required, then
opacity observations shall be conducted within 60 days after achieving the
maximum production rate at which the affected facility will be operated but no
later than 180 days after initial startup of the facility.
b. If visibility or other conditions prevent
the opacity observations from being conducted concurrently with the initial
performance test, the owner shall reschedule the opacity observations as soon
after the initial performance test as possible, but not later than 30 days
thereafter, and shall advise the board of the rescheduled date. In these cases,
the 30-day prior notification to the board required by
9VAC5-50-50 A 6 shall be waived.
The rescheduled opacity observations shall be conducted (to the extent
possible) under the same operating conditions that existed during the initial
performance test. The visible emissions observer shall determine whether
visibility or other conditions prevent the opacity observations from being made
concurrently with the initial performance test in accordance with procedures
contained in Reference Method 9.
Opacity readings of portions of plumes which contain
condensed, uncombined water vapor shall not be used for purposes of determining
compliance with opacity standards. The owner of an affected facility shall make
available, upon request by the board, such records as may be necessary to
determine the conditions under which the visual observations were made and
shall provide evidence indicating proof of current visible observer emission
certification. The results of continuous monitoring by transmissometer which
indicate that the opacity at the time visual observations were made was not in
excess of the standard are probative but not conclusive evidence of the actual
opacity of an emission, provided the source meets the burden of proving that
the instrument used meets (at the time of the alleged violation) Performance
Specification 1 in Appendix B of 40 CFR Part 60 and has been properly
maintained and (at the time of the alleged violation) that the resulting data
have not been altered in any way.
2. Except as provided in subdivision 3 of
this subsection, the owner of an affected facility to which an opacity standard
in this chapter applies shall conduct opacity observations in accordance with
subdivision A 3 of this section, shall record the opacity of emissions, and
shall report to the board the opacity results along with the results of the
initial performance test. The inability of an owner to secure a visible
emissions observer shall not be considered a reason for not conducting the
opacity observations concurrent with the initial performance test.
3. The owner of an affected facility to which
an opacity standard in this chapter applies may request the board to determine
and to record the opacity of emissions from the affected facility during the
initial performance test and at such times as may be required. The owner of the
affected facility shall report the opacity results. Any request to the board to
determine and to record the opacity of emissions from an affected facility
shall be included in the notification required in
9VAC5-50-50 A 6. If, for some
reason, the board cannot determine and record the opacity of emissions from the
affected facility during the performance test, then the provisions of
subdivision 1 of this subsection shall apply.
4. An owner of an affected facility using a
continuous opacity monitor (transmissometer) shall record the monitoring data
produced during the initial performance test and shall furnish the board a
written report of the monitoring results along with the Reference Method 9 and
initial performance test results.
H. The following provisions apply with
respect to stack heights.
1. The degree of
emission limitation required of any source owner for control of any air
pollutant shall not be affected in any manner by:
a. So much of the stack height of any source
as exceeds good engineering practice; or
b. Any other dispersion technique.
2. The provisions of subdivision 1
of this subsection shall not apply to:
a.
Stack heights in existence, or dispersion techniques implemented on or before
December 31, 1970, except where pollutants are being emitted from such stacks
or using such dispersion techniques by sources, as defined in § 111(a)(3)
of the federal Clean Air Act, which were constructed, or reconstructed, or for
which major modifications, as defined in Article 8 (9VAC5-80-1700 et seq.) and Article
9 (9VAC5-80-2000 et seq.) of Part II
of 9VAC5 Chapter 80, were carried out after December 31, 1970; or
b. Coal-fired steam electric generating units
subject to the provisions of § 118 of the federal Clean Air Act, which
commenced operation before July 1, 1957, and whose stacks were constructed
under a construction contract awarded before February 8, 1974.
3. Prior to the adoption of a new
or revised emission limitation that is based on a good engineering practice
stack height that exceeds the height allowed by subdivision 1 or 2 of the GEP
definition, the board shall notify the public of the availability of the
demonstration study and shall provide opportunity for public hearing on
it.
4. For purposes of this
subsection, such height shall not exceed the height allowed by subdivision 1 or
2 of the GEP definition unless the owner demonstrates to the satisfaction of
the board, after 30 days notice to the public and opportunity for public
hearing, that a greater height is necessary as provided under subdivision 3 of
the GEP definition.
5. In no event
may the board prohibit any increase in any stack height or restrict in any
manner the maximum stack height of any source.
6. Compliance with standards of performance
in this chapter shall not be affected in any manner by the stack height of any
source or any other dispersion technique.
I. For the purpose of submitting compliance
certifications or establishing whether or not a person has violated or is in
violation of any standard in this chapter, nothing in this chapter shall
preclude the use, including the exclusive use, of any credible evidence or
information, relevant to whether a source would have been in compliance with
applicable requirements if the appropriate performance or compliance test or
procedure had been performed.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; §§
110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and
60.
