Current through Register Vol. 41, No. 3, September 23, 2024
A. All
testing must be completed within 15 months from the actual startup date as
determined under subsection E of this section.
B. Within 30 days after receipt of a biomass
pilot test facility general permit application the regional office will notify
the applicant of the status of the application with a review letter.
1. If a complete application is received, the
review letter will state if the applicant is approved for the biomass pilot
test facility general permit. If approved, the applicant has 18 months from the
date of the review letter to commence construction of the biomass pilot test
facility and its equipment.
2. If a
complete application is not received, the applicant has 30 days to submit the
additional information needed for a complete application. If the additional
information is not received within 30 days, the application will be returned to
the applicant and the application will be withdrawn. Within 30 days after
receipt of the additional information, the department will respond with another
review letter that will state if the applicant is approved for the biomass
pilot test facility general permit. If approved, the provisions of subdivision
A 1 of this subsection shall apply.
C. Within the approved 18 months, the
applicant shall notify the regional office of the actual date on which
construction of the biomass pilot test facility commenced within 30 days after
such date.
1. The applicant may apply for
another 18-month extension to commence construction on the biomass pilot test
facility based upon a satisfactory demonstration that an extension is
justified.
2. Only one extension is
allowed and shall be limited to commencing construction on the biomass pilot
test facility.
D. The
applicant shall notify the regional office in writing or electronically of the
anticipated startup date of the biomass pilot test facility postmarked not more
than 60 days nor less than 30 days prior to such date.
E. The applicant shall notify the regional
office in writing or electronically of the actual startup date of the biomass
pilot test facility within 15 days after such date. The applicant shall operate
and perform all testing needed to comply with this permit no later than 15
months from the actual startup date.
F. For each biomass fuel to be utilized, the
applicant shall perform (or acquire) a certified fuel test as required by
9VAC5-520-190 A.
G. At least 30 days prior to testing, the
applicant shall:
1. Notify the department in
writing or electronically of the anticipated date of the performance tests of
the biomass pilot test facility;
2.
Submit a stack test protocol and visible emissions evaluation test protocol to
the regional office; and
3. Submit
the results of the certified fuel test or tests to the regional
office.
H. The stack
testing and visible emissions evaluation tests shall be performed within 60
days after achieving the maximum production rate at which the facility will be
operated but in no event later than 180 days after startup of the permitted
facility according to
9VAC5-520-190 B, C, and D as
appropriate.
I. All results shall
be submitted to the regional office in writing or electronically no later than
45 days after test completion of the stack tests and visible emissions
evaluation.
J. Within 60 days, the
regional office will review the results and notify the applicant of the status
of the biomass pilot test facility.
1. If test
results demonstrate that the biomass pilot test facility is a major source, the
facility shall cease operation immediately.
2. If test results demonstrate that the
biomass pilot test facility is exempt from the minor source permitting
requirements of all new source review programs, the regional office shall issue
the applicant an exemption letter. The biomass pilot test facility will be
authorized to operate under the terms and conditions set forth in the exemption
letter and the biomass pilot test facility general permit will terminate. Any
changes in the proposed operation of the facility may require a
permit.
3. If testing demonstrates
that the biomass pilot test facility is not exempt from the minor source
permitting requirements of all new source review programs, the applicant shall
obtain a permit as required by 9VAC5-80 (Permits for Stationary Sources).
a. An application for a new source review
permit shall be submitted within 30 days of notification that the permit
emission thresholds have been exceeded; if no application is received within
the timeframe, the facility shall shut down.
b. The facility shall be authorized to
continue to operate according to the terms and conditions of the biomass pilot
test facility general permit application until such time as a new source review
permit is issued. Once a new source review permit is issued, the facility shall
operate according to the terms and conditions of the new source review permit
and the authority to construct and operate under the biomass pilot test
facility general permit will terminate.
c. All new source review permits will be
issued within 90 days from receipt of a complete application.
Statutory Authority
§ 10.1-1308.1 of the Code of Virginia; § 110(a)
of the federal Clean Air Act; 40 CFR Part
51.