Current through Register Vol. 41, No. 3, September 23, 2024
A.
Except as provided in subsection C of this section, the provisions of this
article apply to the following stationary sources:
1. Any major source.
2. Any source, including an area source,
subject to a standard, limitation, or other requirement under § 111 of the
federal Clean Air Act.
3. Any
source, including an area source, subject to a standard, limitation, or other
requirement under § 112 of the federal Clean Air Act.
4. Any affected source or any portion of it
not subject to Article 3 (9VAC5-80-360 et
seq.) of this part.
B.
The provisions of this article apply throughout the Commonwealth of
Virginia.
C. The provisions of this
article shall not apply to the following:
1.
Any source that would be subject to this article solely because it is subject
to the provisions of 40 CFR Part 60, Subpart AAA (Standards of Performance for
New Residential Wood Heaters), as prescribed in Article 5 (9VAC5-50-400 et seq.) of
Part II of 9VAC5 Chapter 50.
2. Any
source that would be subject to this article solely because it is subject to
the provisions of
40 CFR
61.145, Subpart M (National Emission Standard
for Hazardous Air Pollutants for Asbestos, Standard for Demolition and
Renovation), as prescribed in Article 1 (9VAC5-60-60 et seq.) of
Part II of 9VAC5 Chapter 60.
3. Any
source that would be subject to this article solely because it is subject to
regulations or requirements concerning prevention of accidental releases under
§ 112(r) of the federal Clean Air Act.
4. Any emissions unit that is determined to
be shutdown under the provisions of
9VAC5-20-220.
D. Sources shall be deferred from
initial applicability as follows:
1. Area
sources subject to this article under subdivision A 2 or A 3 of this section
shall be deferred from the obligation to obtain a permit under this article
except as follows:
a. In cases for which EPA
has promulgated a standard under § 111 or § 112 and has declared that
the facility or source category covered by the standard is subject to the Title
V program, the facility or source category shall be subject to this
article.
b. In cases for which EPA
has promulgated a standard under § 111 or § 112 after July 21, 1992,
and has failed to declare whether the facility or source category covered by
the standard is subject to the Title V program, the facility or source category
shall be subject to this article.
2. The following sources shall not be
deferred from the obligation to obtain a permit under this article:
a. Major sources.
b. Solid waste incineration units subject to
the provisions of 9VAC5 Chapter 40 (9VAC5-40-10 et
seq.) and 9VAC5 Chapter 50 (9VAC5-50-10 et
seq.) as adopted pursuant to § 129(e) of the federal Clean Air
Act.
3. Any source
deferred under subdivision 1 of this subsection may apply for a permit. The
department may issue the permit if the issuance of the permit does not
interfere with the issuance of permits for sources that are not deferred under
this section or otherwise interfere with the implementation of this
article.
E. Regardless of
the exemptions provided in this section, permits shall be required of owners
who circumvent the requirements of this article by causing or allowing a
pattern of ownership or development of a source which, except for the pattern
of ownership or development, would otherwise require a permit.
F. Particulate matter emissions shall be used
to determine the applicability of this article to major sources only if
particulate matter (PM10) emissions cannot be quantified
in a manner acceptable to the department.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
