Current through Register Vol. 41, No. 3, September 23, 2024
A. Except as provided in subsections C, D,
and E of this section, the affected facility to which the provisions of this
article apply is each stationary source that emits or may emit any toxic
pollutant and which is not subject to Article 5 (9VAC5-60-300 et seq.) of this part.
Implementation of this article shall occur upon notification to the owner by
the board through means such as an information request from the board or an
operating permit review under Article 5 (9VAC5-80-800 et seq.) of Part II of
9VAC5 Chapter 80.
B. The provisions
of this article apply throughout the Commonwealth of Virginia.
C. This article shall not apply to the
following:
1. A stationary source that has a
potential to emit a toxic pollutant with a TLV® at a level equal to or less
than the exemption emission rate calculated using the exemption formulas set
forth below for the applicable TLV®. If more than one exemption formula
applies to a toxic pollutant emitted by a source, the potential to emit for
that pollutant shall be equal to or less than both applicable exemption
formulas in order for the source to be exempted for that pollutant. The
exemption formulas apply on an individual basis to each toxic pollutant for
which a TLV® has been established.
a. For
toxic pollutants with a TLV-C®, the following exemption formula applies,
provided the potential to emit does not exceed 22.8 pounds per hour:
Exempt Emission Rate (pounds per hour) = TLV-C®
(mg/m³) x 0.033
b. For
toxic pollutants with both a TLV-STEL® and a TLV-TWA®, the following
exemption formulas apply, provided the potential to emit does not exceed 22.8
pounds per hour or 100 tons per year:
Exempt Emission Rate (pounds per hour) = TLV-STEL®
(mg/m³) x 0.033
Exempt Emission Rate (tons per year) = TLV-TWA®
(mg/m³) x 0.145
c. For
toxic pollutants with only a TLV-TWA®, the following exemption formulas
apply, provided the potential to emit does not exceed 22.8 pounds per hour or
100 tons per year:
Exempt Emission Rate (pounds per hour) = TLV-TWA®
(mg/m³) x 0.066
Exempt Emission Rate (tons per year) = TLV-TWA®
(mg/m³) x 0.145
2. A stationary source that has a potential
to emit a toxic pollutant without a TLV® if, upon the owner's request, the
board determines to exempt that toxic pollutant from the provisions of this
article using available health effects information.
The exemption determination shall be made by the board
using information submitted by the owner at the request of the board as set out
in 9VAC5-60-240.
3. A stationary source subject to an emission
standard or other requirement set forth in Article 2 (9VAC5-60-10 et seq.) of this part.
If less than all of the stationary source is regulated by such an emission
standard or other requirement, then only that part of the stationary source
regulated by the emission standard or other requirement is exempted.
4. A stationary source in a source category
that is regulated by an emission standard or other requirement established
pursuant to § 112 of the federal Clean Air Act and subject to the source
category schedule for standards. If less than all of the stationary source is
in a source category that is regulated by such an emission standard or other
requirement, then only that part of the stationary source in the source
category regulated by the emission standard or other requirement is
exempted.
5. A stationary source in
a source category for which the U.S. Environmental Protection Agency has made a
formal determination that no regulations or other requirements need to be
established pursuant to § 112 of the federal Clean Air Act and has
published the determination in the source category schedule for
standards.
6. A boiler,
incinerator, or industrial furnace as defined in
40 CFR
260.10 and subject to 9VAC20 Chapter 60
(9VAC20-60), provided it (i) meets the 99.99% destruction and removal
efficiency standard required by 9VAC20 Chapter 60 (9VAC20-60), and (ii) has
received a permit or has qualified for interim status in accordance with 9VAC20
Chapter 60 (9VAC20-60). The board shall be furnished with an acceptable
certification that such boiler, incinerator, or industrial furnace is in
compliance with the standards of its permit or interim status and applicable
provisions of 9VAC20 Chapter 60 (9VAC20-60). Unless exempted under
9VAC5-60-200 C 4, facilities that
burn hazardous waste for energy recovery are subject to this article.
7. A generator or boiler that burns only
natural gas, #2 fuel oil, #4 fuel oil, #6 fuel oil, propane, or
kerosene.
D. Provisions
of this article do not apply to any consumer product used in the same manner as
normal consumer use, provided the use results in a duration and frequency of
exposure which is not greater than exposures experienced by consumers. This may
include, but not be limited to, personal use items, janitorial cleaning
supplies, and facility grounds maintenance products, such as fertilizers,
pesticides, and paints for structural components.
E. With regard to the application of
pesticides, the provisions of this article shall apply only to the air quality
impact from emissions from application inside the premises of the following
affected facilities:
1. Industrial and
manufacturing operations, including warehouse and storage operations related to
the operation of these facilities.
2. Warehouse and storage operations at
transportation terminals.
The provisions of this article shall not apply to the air
quality impact from emissions from the application of any pesticide
outside.
F. No
provision of this article shall limit the power of the board to apply the
provisions of this article to any affected facility in order to prevent or
remedy a condition that may cause or contribute to the endangerment of human
health.
