Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 5 - STATE AIR POLLUTION CONTROL BOARD
Chapter 80 - PERMITS FOR STATIONARY SOURCES
Part II - Emission Standards
Article 2 - Permit Program Emissions Fees for Stationary Sources
Section 9VAC5-80-310 - Applicability
Universal Citation: 9 VA Admin Code 9VAC5-80-310
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.
5. Any other
source subject to the permit requirements of Article 1 (9VAC5-80-50 et seq.) or Article 3
(9VAC5-80-360 et seq.) of this
part.
6. Any source that would be
subject to the permit requirements of Article 1 (9VAC5-80-50 et seq.) of this part
in the absence of a permit issued under Article 5 (9VAC5-80-800 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. All sources and
source categories that would be subject to this article solely because they are
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 9VAC5-50
(New and Modified Stationary Sources).
2. All sources and source categories that
would be subject to this article solely because they are subject to the
provisions of 40 CFR
61.145 (national emission standard for
hazardous air pollutants for asbestos, standard for demolition and renovation),
Subpart M, as prescribed in Article 1 (9VAC5-60-60 et seq.) of 9VAC5-60
(Hazardous Air Pollutant Sources).
3. Any source issued a permit under the new
source review program that began initial operation during the calendar year
preceding the year in which the annual permit program emissions fee is
assessed.
4. That portion of
emissions in excess of 4,000 tons per year of any regulated air pollutant
emitted by any source otherwise subject to an annual permit program emissions
fee.
5. Any emissions unit within a
stationary source subject to this article that is identified as being an
insignificant activity in Article 4 (9VAC5-80-710 et seq.) of this
part.
6. All sources and source
categories that would be subject to this article solely because they are
subject to regulations or requirements under § 112(r) of the federal Clean
Air Act.
7. Any source deferred by
the provisions of subsection D of this section provided the source is not part
of a major source.
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
pay fees under this article except as follows.
a. In cases for which EPA has promulgated a
standard under § 111 or 112 of the federal Clean Air Act 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 of the federal Clean Air Act
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 pay fees under this article:
a. Major sources.
b. Solid waste incineration units subject to
the provisions of 9VAC5-40 (Existing Stationary Sources) and 9VAC5-50 (New and
Modified Stationary Sources) 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 under Article 1 (9VAC5-80-50 et seq.) or Article 3
(9VAC5-80-360 et seq.) of this part.
If the source applies for a permit, the source shall be subject to this article
and shall pay fees accordingly.
Statutory Authority
§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V); 40 CFR Parts 51, 61, 63, 70, and 72.
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