Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 5 - STATE AIR POLLUTION CONTROL BOARD
Chapter 80 - PERMITS FOR STATIONARY SOURCES
Part II - Emission Standards
Article 6 - Permits for New and Modified Stationary Sources
Section 9VAC5-80-1105 - Permit exemptions
Universal Citation: 9 VA Admin Code 9VAC5-80-1105
Current through Register Vol. 41, No. 3, September 23, 2024
A. The general requirements for minor NSR permit exemptions are as follows:
1. The provisions of this article do not
apply to the following stationary sources or emissions units:
a. The construction of any stationary source
or emissions unit that is exempt under the provisions of subsections B through
F of this section. In determining whether a source is exempt from the
provisions of this article, the provisions of subsections B through D of this
section are independent from the provisions of subsections E and F of this
section. A source must be determined to be exempt both under the provisions of
subsections B through D of this section taken as a group and under the
provisions of subsections E and F of this section to be exempt from this
article.
b. Vegetative waste
recycling/mulching operations that do not exceed 2100 hours of operation in any
12-month consecutive period at a single stationary source. To qualify as an
exemption under this subdivision, the total rated capacity of all diesel
engines at the source, including portable diesel engines temporarily located at
the site, may not exceed 1200 brake horsepower (output).
c. The location of a portable emissions unit
at a site subject to the following conditions:
(1) Any new emissions from the portable
emissions unit are secondary emissions.
(2) The portable emissions unit is either
subject to (i) a minor NSR permit authorizing the emissions unit as a portable
emissions unit subject to this subdivision or (ii) a general permit.
(3) The emissions of the portable emissions
unit at the site would be temporary.
(4) The portable emissions unit would not
undergo modification or replacement that would be subject to this
article.
(5) The portable emissions
unit is suitable to the area in which it is to be located.
(6) Reasonable notice is given to the
department prior to locating the emissions unit to the site identifying the
proposed site and the probable duration of operation at the site. Such notice
shall be provided to the department not less than 15 days prior to the date the
emissions unit is to be located at the site unless a different notification
schedule is previously approved by the department.
d. The reactivation of a stationary source
unless a determination concerning shutdown has been made pursuant to the
provisions of
9VAC5-20-220.
e. The use by any existing stationary source
or emissions unit of an alternative fuel or raw material, if the following
conditions are met:
(1) The owner
demonstrates to the department that, as a result of trial burns at the owner's
facility or other facilities or other sufficient data, the emissions resulting
from the use of the alternative fuel or raw material supply are decreased. No
demonstration will be required for the use of processed animal fat, processed
fish oil, processed vegetable oil, distillate oil, or any mixture thereof in
place of the same quantity of residual oil to fire industrial
boilers.
(2) The use of an
alternative fuel or raw material would not be subject to review under this
article as a project.
2. The provisions of this article do not
apply to the following stationary sources or emissions units provided the
stationary source or emissions unit is (i) exempt under the provisions of
subsections E and F of this section and (ii) meets any other applicable
criteria or conditions set forth in this subdivision.
a. Replacement of an emissions unit subject
to the following criteria:
(1) The replacement
emission unit is (i) of an equal or lesser size and (ii) of an equal or lesser
rated capacity as compared to the replaced emissions unit.
(2) The replacement emissions unit is
functionally equivalent to the replaced emissions unit.
(3) The replacement emissions unit does not
change the basic design parameters of the process operation.
(4) The potential to emit of the replacement
emissions unit does not exceed the potential to emit of the replaced emissions
unit. If the replaced emissions unit is subject to terms and conditions
contained in a minor NSR permit, the owner may, concurrently with the
notification required in subdivision (6) of this subdivision, request a minor
amendment as provided in
9VAC5-80-1280 B 4 to that permit to
apply those terms and conditions to the replacement emissions unit. However,
the replacement emissions unit's potential to emit is not limited for the
purposes of this subdivision unless (and until) the requested minor permit
amendment is granted by the department.
(5) The replaced emissions unit is either
removed or permanently shut down in accordance with the provisions of
9VAC5-20-220.
(6) The owner notifies the department, in
writing, of the proposed replacement at least 15 days prior to commencing
construction on the replacement emissions unit. Such notification shall include
the size, function, and rated capacity of the existing and replacement
emissions units and the registration number of the affected stationary
source.
b. A reduction in
stack outlet elevation provided that the stack serves only facilities that have
been previously determined to be exempt from the minor NSR
program.
3. In
determining whether a facility is exempt from the provisions of this article
under the provisions of subsection B of this section, the definitions in
9VAC5-40 (Existing Stationary Sources) that would cover the facility if it were
an existing source shall be used unless deemed inappropriate by the
department.
4. Any owner claiming
that a facility is exempt from this article under the provisions of this
section shall keep records as may be necessary to demonstrate to the
satisfaction of the department that the facility was exempt at the time a minor
NSR permit would have otherwise been required under this
article.
B. Facilities as specified below shall be exempt from the provisions of this article.
1. Fuel burning equipment units (external
combustion units, not engines and turbines) and space heaters in a single
application as follows:
a. Except as provided
in subdivision b of this subdivision, the exemption thresholds in subdivisions
(1) through (4) of this subdivision shall be applied on an individual unit
basis for each fuel type.
(1) Using solid fuel
with a maximum heat input of less than 1,000,000 Btu per hour.
(2) Using liquid fuel with a maximum heat
input of less than 10,000,000 Btu per hour.
(3) Using liquid and gaseous fuel with a
maximum heat input of less than 10,000,000 Btu per hour.
(4) Using gaseous fuel with a maximum heat
input of less than 50,000,000 Btu per hour.
b. In ozone nonattainment areas designated in
9VAC5-20-204 or ozone maintenance
areas designated in
9VAC5-20-203, the exemption
thresholds in subdivision a of this subdivision shall be applied in the
aggregate for each fuel type.
2. Engines and turbines that are used for
emergency purposes only and that do not individually exceed 500 hours of
operation per year at a single stationary source as follows. All engines and
turbines in a single application must also meet the following criteria to be
exempt.
a. Gasoline engines with an aggregate
rated brake (output) horsepower of less than 910 hp and gasoline engines
powering electrical generators having an aggregate rated electrical power
output of less than 611 kilowatts.
b. Diesel engines with an aggregate rated
brake (output) horsepower of less than 1,675 hp and diesel engines powering
electrical generators having an aggregate rated electrical power output of less
than 1125 kilowatts.
c. Combustion
gas turbines with an aggregate of less than 10,000,000 Btu per hour heat input
(low heating value).
3.
Engines that power mobile sources during periods of maintenance, repair, or
testing.
4. Volatile organic
compound storage and transfer operations involving petroleum liquids and other
volatile organic compounds with a vapor pressure less than 1.5 pounds per
square inch absolute under actual storage conditions or, in the case of loading
or processing, under actual loading or processing conditions; and any operation
specified below:
a. Volatile organic compound
transfer operations involving:
(1) Any tank of
2,000 gallons or less storage capacity; or
(2) Any operation outside the volatile
organic compound emissions control areas designated in
9VAC5-20-206.
b. Volatile organic compound storage
operations involving any tank of 40,000 gallons or less storage
capacity.
5. Vehicle
customizing coating operations, if production is less than 20 vehicles per
day.
6. Vehicle refinishing
operations.
7. Coating operations
for the exterior of fully assembled aircraft or marine vessels.
8. Petroleum liquid storage and transfer
operations involving petroleum liquids with a vapor pressure less than 1.5
pounds per square inch absolute under actual storage conditions or, in the case
of loading or processing, under actual loading or processing conditions
(kerosene and fuel oil used for household heating have vapor pressures of less
than 1.5 pounds per square inch absolute under actual storage conditions;
therefore, kerosene and fuel oil are not subject to the provisions of this
article when used or stored at ambient temperatures); and any operation or
facility specified below:
a. Gasoline bulk
loading operations at bulk terminals located outside volatile organic compound
emissions control areas designated in
9VAC5-20-206.
b. Gasoline dispensing facilities.
c. Gasoline bulk loading operations at bulk
plants:
(1) With an expected daily throughput
of less than 4,000 gallons, or
(2)
Located outside volatile organic compound emissions control areas designated in
9VAC5-20-206.
d. Account/tank trucks; however, permits
issued for gasoline storage/transfer facilities should include a provision that
all associated account/tank trucks meet the same requirements as those trucks
serving existing facilities.
e.
Petroleum liquid storage operations involving:
(1) Any tank of 40,000 gallons or less
storage capacity;
(2) Any tank of
less than 420,000 gallons storage capacity for crude oil or condensate stored,
processed or treated at a drilling and production facility prior to custody
transfer; or
(3) Any tank storing
waxy, heavy pour crude oil.
9. Petroleum dry cleaning plants with a total
manufacturers' rated solvent dryer capacity less than 84 pounds as determined
by the applicable new source performance standard in
9VAC5-50-410.
10. Any addition of, relocation of, or change
to a woodworking machine within a wood product manufacturing plant provided the
system air movement capacity, expressed as the cubic feet per minute of air, is
not increased and maximum control efficiency of the control system is not
decreased.
11. Wood sawmills and
planing mills primarily engaged in sawing rough lumber and timber from logs and
bolts, or resawing cants and flitches into lumber, including box lumber and
softwood cut stock; planing mills combined with sawmills; and separately
operated planing mills that are engaged primarily in producing surfaced lumber
and standard workings or patterns of lumber. This also includes facilities
primarily engaged in sawing lath and railroad ties and in producing tobacco
hogshead stock, wood chips, and snow fence lath. This exemption does not
include any facility that engages in the kiln drying of lumber.
12. Exhaust flares at natural gas and coalbed
methane extraction wells.
13.
Temporary facilities subject to the following conditions:
a. The operational period of the temporary
facility (the period from the date that the first pollutant-emitting operation
is commenced to the date of shutdown of the temporary facility) is 12 months or
less.
b. The uncontrolled emissions
rate of any regulated air pollutant that would be emitted from the temporary
facility during the operational period does not exceed the applicable exempt
emission rate as set forth in
9VAC5-80-1105 C (exemption rates
for new stationary sources) or
9VAC5-80-1105 D (exemption rates
for projects). The uncontrolled emission rate may be calculated based upon the
total number of hours in the operational period instead of 8760 hours. All
temporary facilities that will be co-located at a stationary source shall be
considered in the aggregate when calculating the uncontrolled emissions rate
under this subdivision.
c. Upon
completion of the operational period, the temporary facility shall be either
(i) shut down in accordance with
9VAC5-20-220 or
(ii) returned to its original state and
condition unless, prior to the end of the operational period, the owner
demonstrates in writing to the satisfaction of the department that the facility
is exempt under
9VAC5-80-1105 C (exemption rates
for new stationary sources) or D (exemption rates for new stationary projects)
using 8760 hours of operation per year.
d. Not less than 30 calendar days prior to
commencing the operational period, the owner shall notify the department in
writing of the proposed temporary facility and shall provide (i) calculations
demonstrating that the temporary facility is exempt under this subdivision and
under 9VAC5-80-1105 E and F and (ii)
proposed dates for commencing the first pollutant-emitting operation and
shutdown of the temporary facility.
e. The owner shall provide written
notifications to the department of (i) the actual date of commencing the first
pollutant-emitting operation and (ii) the actual date of shutdown of the
temporary facility. Notifications shall be postmarked or electronically
submitted not more than 10 days after such dates.
14. Open pit incinerators subject to
9VAC5-130 (Regulation for Open Burning) and used solely for the purpose of
disposal of clean burning waste and debris waste.
15. Poultry or swine incinerators located on
a farm where all of the following conditions are met:
a. Auxiliary fuels for the incinerator unit
shall be limited to natural gas, liquid petroleum gas, or distilled petroleum
liquid fuel. Solid fuels, waste materials, or residual petroleum oil products
shall not be used to fire the incinerator.
b. The waste incinerated shall be limited to
pathological waste (poultry or swine remains). Litter and animal bedding or any
other waste materials shall not be incinerated.
c. The design burn rate or capacity rate of
the incinerator shall be 400 pounds per hour or less of poultry or swine. This
value shall apply only to the mass of the poultry or swine and shall not
include the mass of the fuel.
d.
The incinerator shall be used solely to dispose of poultry or swine originating
on the farm where the incinerator is located.
e. The incinerator shall be owned and
operated by the owner or operator of the farm where the incinerator is
located.
f. The incinerator shall
not be charged beyond the manufacturer's recommended rated capacity.
g. Records shall be maintained on site to
demonstrate compliance with the conditions for this exemption, including the
total amount of pathological waste incinerated and the fuel usage on a calendar
year quarterly basis.
C. The exemption of new stationary sources shall be determined as specified below:
1. New
stationary sources with uncontrolled emission rates less than all of the
emission rates specified below shall be exempt from the provisions of this
article. The uncontrolled emission rate of a new stationary source is the sum
of the uncontrolled emission rates of the individual affected emissions units.
Facilities exempted by subsection B of this section shall not be included in
the summation of uncontrolled emissions for purposes of exempting new
stationary sources under this subsection.
|
Pollutant |
Emissions Rate |
|
Carbon Monoxide |
100 tons per year (tpy) |
|
Nitrogen Oxides |
40 tpy |
|
Sulfur Dioxide |
40 tpy |
|
Particulate Matter |
25 tpy |
|
Particulate Matter (PM10) |
15 tpy |
|
Particulate Matter (PM2.5) |
10 tpy |
|
Volatile organic compounds |
25 tpy |
|
Lead |
0.6 tpy |
|
Fluorides |
3 tpy |
|
Sulfuric Acid Mist |
6 tpy |
|
Hydrogen Sulfide (H2S) |
9 tpy |
|
Total Reduced Sulfur (including H2S) |
9 tpy |
|
Reduced Sulfur Compounds (including H2S) |
9 tpy |
|
Municipal waste combustor organics (measured as total tetra-throughocta-chlorinated dibenzo-p-dioxins and dibenzofurans) |
3.5 x 10-6 tpy |
|
Municipal waste combustor metals (measured as particulate matter) |
13 tpy |
|
Municipal waste combustor acid gases (measured as the sum of SO2 and HCl) |
35 tpy |
|
Municipal solid waste landfill emissions (measured as nonmethane organic compounds) |
22 tpy |
2. If the particulate matter
(PM10 or PM2.5) emissions for a
stationary source can be determined in a manner acceptable to the department
and the stationary source is deemed exempt using the emission rate for
particulate matter (PM10 or
PM2.5), the stationary source shall be considered to be
exempt for particulate matter (PM). If the emissions of particulate matter
(PM10 or PM2.5) cannot be
determined in a manner acceptable to the department, the emission rate for
particulate matter (PM) shall be used to determine the exemption
status.
3. The provisions of this
article do not apply to a new stationary source if all of the emissions
considered in calculating the uncontrolled emission rate of the new stationary
source are fugitive emissions.
D. The exemption of projects shall be determined as specified below:
1. A project
that would result in increases in uncontrolled emission rates at the stationary
source less than all of the emission rates specified below shall be exempt from
the provisions of this article. The uncontrolled emission rate increase of a
project is the sum of the uncontrolled emission rate increases of the
individual affected emissions units. Uncontrolled emissions rate decreases are
not considered as part of this calculation. Facilities exempted by subsection B
of this section shall not be included in the summation of uncontrolled
emissions for purposes of exempting projects under this subsection.
|
Pollutant |
Emissions Rate |
|
Carbon Monoxide |
100 tons per year (tpy) |
|
Nitrogen Oxides |
10 tpy |
|
Sulfur Dioxide |
10 tpy |
|
Particulate matter |
15 tpy |
|
Particulate matter PM10 |
10 tpy |
|
Particulate matter (PM2.5) |
6 tpy |
|
Volatile organic compounds |
10 tpy |
|
Lead |
0.6 tpy |
|
Fluorides |
3 tpy |
|
Sulfuric Acid Mist |
6 tpy |
|
Hydrogen Sulfide (H2S) |
9 tpy |
|
Total Reduced Sulfur (including H2S) |
9 tpy |
|
Reduced Sulfur Compounds (including H2S) |
9 tpy |
|
Municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) |
3.5 x 10-6 tpy |
|
Municipal waste combustor metals (measured as particulate matter) |
13 tpy |
|
Municipal waste combustor acid gases (measured as the sum of SO2 and HCl) |
35 tpy |
|
Municipal solid waste landfill emissions (measured as nonmethane organic compounds) |
22 tpy |
2. If the particulate matter
(PM10 or PM2.5) emissions for a
stationary source can be determined in a manner acceptable to the department
and the stationary source is deemed exempt using the emission rate for
particulate matter (PM10 or
PM2.5), the stationary source shall be considered to be
exempt for particulate matter (PM). If the emissions of particulate matter
(PM10 or PM2.5) cannot be
determined in a manner acceptable to the department, the emission rate for
particulate matter (PM) shall be used to determine the exemption
status.
3. The provisions of this
article do not apply to a project if all of the emissions considered in
calculating the uncontrolled emission rate increase of the project are fugitive
emissions.
E. Exemptions for stationary sources of toxic pollutants not subject to the federal hazardous air pollutant new source review program shall be as follows:
1. Stationary sources exempt from the
requirements of Article 5 (9VAC5-60-300 et seq.)
of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources) as provided in
9VAC5-60-300 C 1, C 2, C 7, D, or E
shall be exempt from the provisions of this article.
2. Facilities as specified below shall not be
exempt, regardless of size or emission rate, from the provisions of this
article.
a. Incinerators, unless (i) the
incinerator is used exclusively as air pollution control equipment, (ii) the
incinerator is an open pit incinerator subject to 9VAC5-130 (Regulation for
Open Burning) and used solely for the disposal of clean burning waste and
debris waste, or (iii) the incinerator is a poultry or swine incinerator
located on a farm and all of the conditions of subdivision B 15 of this section
are met.
b. Ethylene oxide
sterilizers.
c. Boilers,
incinerators, or industrial furnaces as defined in
40 CFR
260.10 and subject to 9VAC20-60 (Hazardous
Waste Regulations).
F. This subsection provides information on the extent to which any source category or portion of a source category subject to the federal hazardous air pollutant new source review program may be exempt from the provisions of this article.
1. This
subdivision addresses those source categories subject to the provisions of
40 CFR
61.05,
40 CFR
61.06,
40 CFR
61.07,
40 CFR
61.08, and
40 CFR
61.15 that establish the requirements for
issuing approvals of the construction of any new source or modification of any
existing source subject to the provisions of 40 CFR Part 61 . Any source
category or portion of a source category subject to this element of the federal
hazardous air pollutant new source review program shall be exempt from the
provisions of this article if specifically exempted from that program by 40 CFR
Part 61.
2. This subdivision
addresses those source categories subject to the provisions of
40 CFR
63.5 that establish the requirements for
issuing approvals to construct a new source or reconstruct a source subject to
the provisions of 40 CFR Part 63, except for Subparts B, D, and E. Any source
category or portion of a source category subject to this element of the federal
hazardous air pollutant new source review program shall be exempt from the
provisions of this article if specifically exempted from that program by 40 CFR
Part 63.
3. This subdivision
addresses those source categories subject to the provisions of
40 CFR
63.50 through
40 CFR
63.56 that establish the requirements for
issuing notices of MACT approval prior to the construction of a new emissions
unit listed in the source category schedule for standards. Any information
regarding exemptions for a source category or portion of a source category
subject to this element of the federal hazardous air pollutant new source
review program may be found in Article 3 (9VAC5-60-120 et seq.) of Part II of
9VAC5-60 (Hazardous Air Pollutant Sources).
4. This subdivision addresses those source
categories for which EPA has promulgated a formal determination that no
regulations or other requirements need to be established pursuant to § 112
of the federal Clean Air Act in the source category schedule for standards. Any
source category or portion of a source category subject to this element of the
federal hazardous air pollutant new source review program shall be exempt from
the provisions of this article.
Statutory Authority: § 10.1-1308 of the Code of Virginia.
Disclaimer: These regulations may not be the most recent version. Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
