Current through Register Vol. 41, No. 3, September 23, 2024
A. The
provisions of this article apply to the construction of any new major
stationary source or any project at an existing major stationary
source.
B. The provisions of this
article apply in prevention of significant deterioration areas designated in
9VAC5-20-205.
C. At such time that a particular source or
modification becomes a major stationary source or major modification solely by
virtue of a relaxation in any enforceable limitation that was established after
August 7, 1980, on the capacity of the source or modification otherwise to emit
a pollutant, such as a restriction on hours of operation, then the requirements
of this article shall apply to the source or modification as though
construction had not yet commenced on the source or modification.
D. Unless specified otherwise, the provisions
of this article apply as follows:
1.
Provisions referring to "sources," "new or modified sources" or "stationary
sources" apply to the construction of all major stationary sources and major
modifications.
2. Any emissions
units or pollutants not subject to the provisions of this article may be
subject to the provisions of Article 6 (9VAC5-80-1100 et
seq.), Article 7 (9VAC5-80-1400 et
seq.), or Article 9 (9VAC5-80-2000 et
seq.) of this part.
3. Provisions
referring to "state and federally enforceable" and "federally and state
enforceable" or similar wording shall mean "state-only enforceable" for terms
and conditions of a permit designated state-only enforceable under
9VAC5-80-1625
G.
E. Unless otherwise
approved by the department or prescribed in these regulations, when this
article is amended, the previous provisions of this article shall remain in
effect for all applications that are deemed complete under the provisions of
9VAC5-80-1775
A prior to September 1, 2006. Any permit applications that have not been
determined to be complete as of September 1, 2006, shall be subject to the new
provisions.
F. Regardless of the
exemptions provided in this article, no owner or other person shall circumvent
the requirements of this section by causing or allowing a pattern of ownership
or development over a geographic area of a source which, except for the pattern
of ownership or development, would otherwise require a permit.
G. The requirements of this article will be
applied in accordance with the following principles:
1. Except as otherwise provided in subsection
H of this subsection, and consistent with the definition of "major
modification," a project is a major modification for a regulated NSR pollutant
if it causes two types of emissions increases: a significant emissions
increase, and a significant net emissions increase. The project is not a major
modification if it does not cause a significant emissions increase. If the
project causes a significant emissions increase, then the project is a major
modification only if it also results in a significant net emissions
increase.
2. The procedure for
calculating (before beginning actual construction) whether a significant
emissions increase (i.e., the first step of the process) will occur depends
upon the type of emissions units being modified, according to subdivisions 3
and 4 of this subsection. The procedure for calculating (before beginning
actual construction) whether a significant net emissions increase will occur at
the major stationary source (i.e., the second step of the process) is in the
definition of "net emissions increase." Regardless of any such preconstruction
projections, a major modification results if the project causes a significant
emissions increase and a significant net emissions increase.
3. The actual-to-projected-actual
applicability test for projects that only involve existing emissions units
shall be conducted as provided in this subdivision. A significant emissions
increase of a regulated NSR pollutant is projected to occur if the sum of the
difference between the projected actual emissions and the baseline actual
emissions, for each existing emissions unit, is significant for that
pollutant.
4. The
actual-to-potential test for projects that only involve construction of a new
emissions unit shall be conducted as provided in this subdivision. A
significant emissions increase of a regulated NSR pollutant is projected to
occur if the sum of the difference between the potential to emit from each new
emissions unit following completion of the project and the baseline actual
emissions of these units before the project is significant for that
pollutant.
5. The hybrid test for
projects that involve multiple types of emissions units shall be conducted as
provided in this subdivision. A significant emissions increase of a regulated
NSR pollutant is projected to occur if the sum of the emissions increases for
each emissions unit, using the method specified in subdivisions 3 and 4 of this
subdivision as applicable with respect to each emissions unit, for each type of
emissions unit is significant for that pollutant. For example, if a project
involves both an existing emissions unit and a new unit, the projected increase
is determined by summing the values determined using the method specified in
subdivision 3 of this subsection for the existing unit and using the method
specified in subdivision 4 of this subsection for the new unit.
H. For any major stationary source
for a PAL for a regulated NSR pollutant, the major stationary source shall
comply with the requirements under
9VAC5-80-1865.
I. The provisions of
40 CFR Part 60, Part
61 and Part
63 cited in this article apply
only to the extent that they are incorporated by reference in Article 5
(9VAC5-50-400 et
seq.) of Part II of 9VAC5 Chapter 50 and Article 1 (9VAC5-60-60 et seq.) and
Article 2 (9VAC5-60-90 et seq.) of
Part II of 9VAC5 Chapter 60.
J. The
provisions of 40 CFR Part 51 and Part 58 cited in this article apply only to
the extent that they are incorporated by reference in
9VAC5-20-21.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
