Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 5 - STATE AIR POLLUTION CONTROL BOARD
Chapter 80 - PERMITS FOR STATIONARY SOURCES
Part II - Emission Standards
Article 1 - Federal Operating Permits for Stationary Sources
Section 9VAC5-80-280 - Operational flexibility
Universal Citation: 9 VA Admin Code 9VAC5-80-280
Current through Register Vol. 41, No. 3, September 23, 2024
A. The department shall allow, under conditions specified in this section, operational flexibility changes at a source that do not require a revision to be made to the permit in order for the changes to occur. Such changes shall be classified as follows:
(i) those that contravene an
express permit term or
(ii) those
that are not addressed or prohibited by the permit. The conditions under which
the department shall allow these changes to be made are specified in
subsections B and C of this section, respectively.
B. The following requirements apply with respect to changes that contravene an express permit term:
1. The following general requirements apply:
a. The department shall allow a change at a
stationary source that changes a permit condition with the exception of the
following:
(1) A Title I
modification.
(2) A change that
would exceed the emissions allowable under the permit.
(3) A change that would violate applicable
requirements.
(4) A change that
would contravene federally or state enforceable permit terms or conditions or
both that are monitoring (including test methods), record keeping, reporting,
compliance schedule dates, or compliance certification requirements.
b. The owner shall provide written
notification to the administrator and the department at least seven days in
advance of the proposed change. The written notification shall include a brief
description of the change within the permitted facility, the date on which the
change will occur, any change in emissions, and any permit term or condition
that is no longer applicable as a result of the change.
c. The owner, department and the
administrator shall attach the notice described in subdivision 1 b of this
subsection to their copy of the relevant permit.
d. The permit shield under
9VAC5-80-140 shall
not extend to any change made pursuant to subdivision 1 of this
subsection.
2. The
following requirements apply with respect to emission trades within permitted
facilities provided for in the Regulations for the Control and Abatement of Air
Pollution:
a. With the exception of the
changes listed in subdivision 1 a of this subsection, the department shall
allow permitted sources to trade increases and decreases in emissions within
the permitted facility (i) where the Regulations for the Control and Abatement
of Air Pollution provide for such emissions trades without requiring a permit
revision and (ii) where the permit does not already provide for such emissions
trading.
b. The owner shall provide
written notification to the administrator and the department at least seven
days in advance of the proposed change. The written notification shall include
such information as may be required by the provision in the Regulations for the
Control and Abatement of Air Pollution authorizing the emissions trade,
including at a minimum the name and location of the facility, when the proposed
change will occur, a description of the proposed change, any change in
emissions, the permit requirements with which the source will comply using the
emissions trading provisions of the Regulations for the Control and Abatement
of Air Pollution and the pollutants emitted subject to the emissions trade. The
notice shall also refer to the provisions with which the source will comply in
the Regulations for the Control and Abatement of Air Pollution and which
provide for the emissions trade.
c.
The permit shield described in
9VAC5-80-140 shall
not extend to any change made under subdivision 2 of this subsection.
Compliance with the permit requirements that the source will meet using the
emissions trade shall be determined according to requirements of the
Regulations for the Control and Abatement of Air Pollution.
3. Emission trades within
stationary sources to comply with an emissions cap in the permit.
a. If a permit applicant requests it, the
department shall issue permits that contain terms and conditions, including all
terms required under
9VAC5-80-110 to
determine compliance, allowing for the trading of emissions increases and
decreases within the permitted facility solely for the purpose of complying
with a federally enforceable emissions cap that is established in the permit
independent of otherwise applicable federal requirements. The permit applicant
shall include in the application proposed replicable procedures and permit
terms that ensure that the emissions trades are quantifiable and enforceable.
The department shall not include in the emissions trading provisions any
emissions units for which emissions are not quantifiable or for which there are
no replicable procedures to enforce the emissions trades. The permit shall also
require compliance with all applicable requirements.
b. The department shall not allow a change to
be made under subdivision 3 of this subsection if it is a change listed in
subdivision 1 of this subsection.
c. The owner shall provide written
notification to the administrator and the department at least seven days in
advance of the proposed change. The written notification shall state when the
change will occur and shall describe the changes in emissions that will result
and how these increases and decreases in emissions will comply with the terms
and conditions of the permit.
d.
The permit shield under
9VAC5-80-140 shall
extend to terms and conditions that allow such increases and decreases in
emissions.
C. The following requirements apply with respect to changes that are not addressed or prohibited by the permit:
1. The department
shall allow the owner to make changes that are not addressed or prohibited by
the permit unless the changes are Title I modifications or are subject to
requirements under Title IV.
2.
Each change shall meet all applicable requirements and shall not violate any
existing permit term or condition which is based on applicable federal
requirements.
3. Sources shall
provide contemporaneous written notice to the department and the administrator
of each change, except for changes to emissions units deemed insignificant and
listed in
9VAC5-80-720
A. Such written notice shall describe each change, including the date, any
change in emissions, pollutants emitted, and any applicable federal requirement
that would apply as a result of the change.
4. The change shall not qualify for the
permit shield under
9VAC5-80-140.
5. The permittee shall keep a record
describing changes made at the source that result in emissions of a regulated
air pollutant subject to an applicable federal requirement but not otherwise
regulated under the permit, and the emissions resulting from those
changes.
Statutory Authority: § 10.1-1308 of the Code of Virginia.
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