Current through Register Vol. 41, No. 3, September 23, 2024
A. The
department shall furnish application forms to applicants.
B. Each application for a permit shall
include, but not be limited to, the information listed in subsections C through
K of this section.
C. Identifying
information as follows shall be included:
1.
Company name and address (or plant name and address if different from the
company name), owner's name and agent, and telephone number and names of plant
site manager or contact or both.
2.
A description of the source's processes and products (by Standard Industrial
Classification Code) including any associated with each alternate scenario
identified by the source.
3.
Identification of each affected unit at the source for which the permit
application is submitted.
4. If the
unit is a new unit, the date that the unit has commenced or will commence
operation and the deadline for monitor certification.
D. Emissions related information as follows
shall be included:
1. All emissions of
pollutants for which the source is major and all emissions of regulated air
pollutants.
a. A permit application shall
describe all emissions of regulated air pollutants emitted from any emissions
unit with the following exceptions:
(1) Any
emissions unit exempted from the requirements of this subsection because the
emissions level or size of the unit is deemed to be insignificant under
9VAC5-80-720
B or C shall be listed in the permit application and identified as an
insignificant activity. This requirement shall not apply to emissions units
listed in
9VAC5-80-720
A.
(2) Regardless of the emissions
units designated in
9VAC5-80-720
A or C or the emissions levels listed in
9VAC5-80-720
B, the emissions from any emissions unit shall be included in the permit
application if the omission of those emissions units from the application would
interfere with the determination of the applicability of this article, the
determination or imposition of any applicable requirement, or the calculation
of permit fees.
b.
Emissions shall be calculated as required in the permit application form or
instructions.
c. Fugitive emissions
shall be included in the permit application to the extent that the emissions
are quantifiable.
2.
Additional information related to the emissions of air pollutants sufficient
for the department to verify which requirements are applicable to the source,
and other information necessary to determine and collect any permit fees owed
under Article 2 (9VAC5-80-310 et
seq.) of this part. Identification and description of all points of emissions
described in subdivision 1 of this subsection in sufficient detail to establish
the basis for fees and applicability of requirements of the Regulations for the
Control and Abatement of Air Pollution and the federal Clean Air Act.
3. Emissions rates in tons per year and in
such terms as are necessary to establish compliance consistent with the
applicable standard reference test method.
4. Information needed to determine or
regulate emissions as follows: fuels, fuel use, raw materials, production
rates, loading rates, and operating schedules.
5. Identification and description of air
pollution control equipment and compliance monitoring devices or
activities.
6. Limitations on
source operation affecting emissions or any work practice standards, where
applicable, for all regulated air pollutants at the source.
7. Other information required by any
applicable requirement (including information related to stack height
limitations required under
9VAC5-40-20 I or
9VAC5-50-20
H).
8. Calculations on which the
information in subdivisions 1 through 7 of this subsection is based. Any
calculations shall include sufficient detail to permit assessment of the
validity of such calculations.
E. Air pollution control requirement
information as follows shall be included:
1.
Citation and description of all applicable requirements, including those
covering activities deemed insignificant under Article 4 (9VAC5-80-710 et seq.) of
this part.
2. Description of or
reference to any applicable test method for determining compliance with each
applicable requirement.
F. Additional information that may be
necessary to implement and enforce other requirements of the Regulations for
the Control and Abatement of Air Pollution and the federal Clean Air Act or to
determine the applicability of such requirements.
G. An explanation of any proposed exemptions
from otherwise applicable requirements.
H. Additional information as determined to be
necessary by the department to define alternative operating scenarios
identified by the source pursuant to
9VAC5-80-490 J or
to define permit terms and conditions implementing operational flexibility
under
9VAC5-80-680.
I. Compliance plan information as follows
shall be included:
1. A description of the
compliance status of the source with respect to all applicable
requirements.
2. A description as
follows:
a. For applicable requirements with
which the source is in compliance, a statement that the source will continue to
comply with such requirements.
b.
For applicable requirements that will become effective during the permit term,
a statement that the source will meet such requirements on a timely
basis.
c. For applicable
requirements for which the source is not in compliance at the time of permit
issuance, a narrative description of how the source will achieve compliance
with such requirements.
3. A complete acid rain compliance plan for
each affected unit in accordance with
9VAC5-80-450.
4. A compliance schedule as follows:
a. For applicable requirements with which the
source is in compliance, a statement that the source will continue to comply
with such requirements.
b. For
applicable requirements that will become effective during the permit term, a
statement that the source will meet such requirements on a timely basis. A
statement that the source will meet in a timely manner applicable requirements
that become effective during the permit term shall satisfy this provision,
unless a more detailed schedule is expressly required by the applicable
requirement or by the department if no specific requirement exists.
c. A schedule of compliance for sources that
are not in compliance with all applicable requirements at the time of permit
issuance. Such a schedule shall include a schedule of remedial measures,
including an enforceable sequence of actions with milestones, leading to
compliance with any applicable requirements for which the source will be in
noncompliance at the time of permit issuance. This compliance schedule shall
resemble and be at least as stringent as that contained in any judicial consent
decree or department order to which the source is subject. Any such schedule of
compliance shall be supplemental to, and shall not sanction noncompliance with,
the applicable requirements on which it is based.
5. A schedule for submission of certified
progress reports no less frequently than every six months for sources required
to have a schedule of compliance to remedy a violation.
6. The requirements of this subsection shall
apply and be included in the acid rain portion of a compliance plan for an
affected source, except as specifically superseded by regulations promulgated
under Title IV of the federal Clean Air Act with regard to the schedule and
method or methods the source will use to achieve compliance with the acid rain
emissions limitations.
J.
Compliance certification information as follows shall be included:
1. A certification of compliance with all
applicable requirements by a responsible official or a plan and schedule to
come into compliance or both as required by subsection I of this
section.
2. A statement of methods
used for determining compliance, including a description of monitoring,
recordkeeping, and reporting requirements and test methods.
3. A schedule for submission of compliance
certifications during the permit term, to be submitted no less frequently than
annually, or more frequently if specified by the underlying applicable
requirement or by the department.
4. A statement indicating the source is in
compliance with any applicable federal requirements concerning enhanced
monitoring and compliance certification.
K. If applicable, a statement indicating that
the source has complied with the applicable federal requirement to register a
risk management plan under § 112(r)(7) of the federal Clean Air Act or, as
required under subsection I of this section, has made a statement in the
source's compliance plan that the source intends to comply with this applicable
federal requirement and has set a compliance schedule for registering the
plan.
L. Regardless of any other
provision of this section, an application shall contain all information needed
to determine or to impose any applicable requirement or to evaluate the fee
amount required under the schedule approved pursuant to Article 2
(9VAC5-80-310 et
seq.) of this part.
M. The use of
nationally standardized forms for acid rain portions of permit applications and
compliance plans as required by
40 CFR
72.72(b)(4).
N. The applicant shall meet the requirements
of
9VAC5-80-420
concerning permit applications, operation of the affected source, monitoring,
sulfur dioxide, nitrogen dioxide, excess emissions, recordkeeping and
reporting, liability, and effect on other authorities.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
