Current through Register Vol. 41, No. 3, September 23, 2024
C. Terms defined.
"Actual emissions" means the actual rate of emissions of
a regulated NSR pollutant from an emissions unit, as determined in accordance
with subdivisions a, b, and c of this definition, except that this definition
shall not apply for calculating whether a significant emissions increase has
occurred, or for establishing a PAL under
9VAC5-80-1865.
Instead, the definitions of "projected actual emissions" and "baseline actual
emissions" shall apply for those purposes.
a. In general, actual emissions as of a
particular date shall equal the average rate, in tons per year, at which the
unit actually emitted the pollutant during a consecutive 24-month period that
precedes the particular date and that is representative of normal source
operation. The department will allow the use of a different time period upon a
determination that it is more representative of normal source operation. Actual
emissions shall be calculated using the unit's actual operating hours,
production rates, and types of materials processed, stored, or combusted during
the selected time period.
b. The
department may presume that source-specific allowable emissions for the unit
are equivalent to the actual emissions of the unit.
c. For any emissions unit that has not begun
normal operations on the particular date, actual emissions shall equal the
potential to emit of the unit on that date.
"Actuals PAL for a major stationary source" means a PAL
based on the baseline actual emissions of all emissions units at the source
that emit or have the potential to emit the PAL pollutant.
"Administrator" means the administrator of the U.S.
Environmental Protection Agency (EPA) or an authorized representative.
"Adverse impact on visibility" means visibility
impairment that interferes with the management, protection, preservation or
enjoyment of the visitor's visual experience of the federal class I area. This
determination shall be made on a case-by-case basis taking into account the
geographic extent, intensity, duration, frequency and time of visibility
impairment, and how these factors correlate with (i) times of visitor use of
the federal class I areas, and (ii) the frequency and timing of natural
conditions that reduce visibility.
"Allowable emissions" means the emissions rate of a
stationary source calculated using the maximum rated capacity of the source
(unless the source is subject to federally and state enforceable limits that
restrict the operating rate, hours of operation, or both) and the most
stringent of the following:
a. The
applicable standards as set forth in
40 CFR Parts
60,
61, and
63;
b. The applicable implementation plan
emissions limitation including those with a future compliance date;
or
c. The emissions limit specified
as a federally and state enforceable permit condition, including those with a
future compliance date.
For the purposes of actuals PALs, "allowable emissions"
shall also be calculated considering any emission limitations that are
enforceable as a practical matter on the emissions unit's potential to
emit.
"Applicable federal requirement" means all of, but not
limited to, the following as they apply to emissions units in a source subject
to this article (including requirements that have been promulgated or approved
by the administrator through rulemaking at the time of permit issuance but have
future-effective compliance dates):
a.
Any standard or other requirement provided for in an implementation plan
established pursuant to § 110 or 111(d) of the federal Clean Air Act,
including any source-specific provisions such as consent agreements or
orders.
b. Any limit or condition
in any construction permit issued under the new source review program or in any
operating permit issued pursuant to the state operating permit
program.
c. Any emission standard,
alternative emission standard, alternative emission limitation, equivalent
emission limitation or other requirement established pursuant to § 112 or
129 of the federal Clean Air Act as amended in 1990.
d. Any new source performance standard or
other requirement established pursuant to § 111 of the federal Clean Air
Act, and any emission standard or other requirement established pursuant to
§ 112 of the federal Clean Air Act before it was amended in
1990.
e. Any limitations and
conditions or other requirement in a Virginia regulation or program that has
been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of
implementing and enforcing § 112 of the federal Clean Air Act.
f. Any requirement concerning accident
prevention under § 112(r)(7) of the federal Clean Air Act.
g. Any compliance monitoring requirements
established pursuant to either § 504(b) or 114(a)(3) of the federal Clean
Air Act.
h. Any standard or other
requirement for consumer and commercial products under § 183(e) of the
federal Clean Air Act.
i. Any
standard or other requirement for tank vessels under § 183(f) of the
federal Clean Air Act.
j. Any
standard or other requirement in 40 CFR Part 55 to control air pollution from
outer continental shelf sources.
k.
Any standard or other requirement of the regulations promulgated to protect
stratospheric ozone under Title VI of the federal Clean Air Act unless the
administrator has determined that such requirements need not be contained in a
permit issued under this article.
l. With regard to temporary sources subject
to 9VAC5-80-130,(i) any ambient air quality standard, except applicable state
requirements, and (ii) requirements regarding increments or visibility as
provided in this article.
"Baseline actual emissions" means the rate of emissions,
in tons per year, of a regulated NSR pollutant, as determined in accordance
with the following:
a. For any
existing electric utility steam generating unit, baseline actual emissions
means the average rate, in tons per year, at which the unit actually emitted
the pollutant during any consecutive 24-month period selected by the owner
within the five-year period immediately preceding when the owner begins actual
construction of the project. The department will allow the use of a different
time period upon a determination that it is more representative of normal
source operation.
(1) The average rate shall
include fugitive emissions to the extent quantifiable, and emissions associated
with startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted
downward to exclude any noncompliant emissions that occurred while the source
was operating above any emission limitation that was legally enforceable during
the consecutive 24-month period.
(3) For a regulated NSR pollutant, when a
project involves multiple emissions units, only one consecutive 24-month period
shall be used to determine the baseline actual emissions for the emissions
units being changed. A different consecutive 24-month period may be used for
each regulated NSR pollutant.
(4)
The average rate shall not be based on any consecutive 24-month period for
which there is inadequate information for determining annual emissions, in tons
per year, and for adjusting this amount if required by subdivision a (2) of
this definition.
b. For
an existing emissions unit (other than an electric utility steam generating
unit), baseline actual emissions means the average rate, in tons per year, at
which the emissions unit actually emitted the pollutant during any consecutive
24-month period selected by the owner within the 10-year period immediately
preceding either the date the owner begins actual construction of the project,
or the date a complete permit application is received by the department for a
permit required under this article, whichever is earlier, except that the
10-year period shall not include any period earlier than November 15, 1990.
(1) The average rate shall include fugitive
emissions to the extent quantifiable, and emissions associated with startups,
shutdowns, and malfunctions.
(2)
The average rate shall be adjusted downward to exclude any noncompliant
emissions that occurred while the source was operating above any emission
limitation that was legally enforceable during the consecutive 24-month
period.
(3) The average rate shall
be adjusted downward to exclude any emissions that would have exceeded an
emission limitation with which the major stationary source must currently
comply, had such major stationary source been required to comply with such
limitations during the consecutive 24-month period. However, if an emission
limitation is part of a maximum achievable control technology standard that the
administrator proposed or promulgated under 40 CFR Part 63, the baseline actual
emissions need only be adjusted if the department has taken credit for such
emissions reductions in an attainment demonstration or maintenance plan
consistent with the requirements of
9VAC5-80-2120
K.
(4) For a regulated NSR
pollutant, when a project involves multiple emissions units, only one
consecutive 24-month period shall be used to determine the baseline actual
emissions for all the emissions units being changed. A different consecutive
24-month period may be used for each regulated NSR pollutant.
(5) The average rate shall not be based on
any consecutive 24-month period for which there is inadequate information for
determining annual emissions, in tons per year, and for adjusting this amount
if required by subdivisions b (2) and b (3) of this definition.
c. For a new emissions unit, the
baseline actual emissions for purposes of determining the emissions increase
that will result from the initial construction and operation of such unit shall
equal zero; and thereafter, for all other purposes, shall equal the unit's
potential to emit.
d. For a PAL for
a stationary source, the baseline actual emissions shall be calculated for
existing electric utility steam generating units in accordance with the
procedures contained in subdivision a of this definition, for other existing
emissions units in accordance with the procedures contained in subdivision b of
this definition, and for a new emissions unit in accordance with the procedures
contained in subdivision c of this subsection.
"Baseline area":
a. Means any intrastate area (and every part
thereof) designated as attainment or unclassifiable under §
107(d)(1)(A)(ii) or (iii) of the federal Clean Air Act in which the major
source or major modification establishing the minor source baseline date would
construct or would have an air quality impact for the pollutant for which the
baseline date is established, as follows:
(i)
for SO2, NO2, or
PM10, equal to or greater than 1
µg/m3 (annual average); or
(ii) for PM2.5, equal
to or greater than 0.3 µg/m3 (annual
average).
b. Area
redesignations under § 107(d)(1)(A)(ii) or (iii) of the federal Clean Air
Act cannot intersect or be smaller than the area of impact of any major
stationary source or major modification that:
(1) Establishes a minor source baseline date;
or
(2) Is subject to this article
or
40 CFR
52.21 and would be constructed in the same
state as the state proposing the redesignation.
c. Any baseline area established originally
for the TSP increments shall remain in effect and shall apply for purposes of
determining the amount of available PM10 increments,
except that such baseline area shall not remain in effect if the department
rescinds the corresponding minor source baseline date in accordance with
subdivision d of the definition of "baseline date."
"Baseline concentration"
a. Means that ambient concentration level
that exists in the baseline area at the time of the applicable minor source
baseline date. A baseline concentration is determined for each pollutant for
which a minor source baseline date is established and shall include:
(1) The actual emissions representative of
sources in existence on the applicable minor source baseline date, except as
provided in subdivision b of this definition; and
(2) The allowable emissions of major
stationary sources that commenced construction before the major source baseline
date, but were not in operation by the applicable minor source baseline
date.
b. The following
will not be included in the baseline concentration and will affect the
applicable maximum allowable increase(s):
(1)
Actual emissions from any major stationary source on which construction
commenced after the major source baseline date; and
(2) Actual emissions increases and decreases
at any stationary source occurring after the minor source baseline date.
"Baseline date"
a. "Major source baseline date" means:
(1) In the case of
PM10 and sulfur dioxide, January 6, 1975;
(2) In the case of nitrogen dioxide, February
8, 1988; and
(3) In the case of
PM2.5, October 20, 2010.
b. "Minor source baseline date" means the
earliest date after the trigger date on which a major stationary source or a
major modification subject to this article submits a complete application under
this article. The trigger date is:
(1) In the
case of PM10 and sulfur dioxide, August 7,
1977;
(2) In the case of nitrogen
dioxide, February 8, 1988; and
(3)
In the case of PM2.5, October 20, 2011.
c. The baseline date is
established for each pollutant for which increments or other equivalent
measures have been established if:
(1) The
area in which the proposed source or modification would construct is designated
as attainment or unclassifiable under § 107(d)(1)(A)(ii) or (iii) of the
federal Clean Air Act for the pollutant on the date of its complete application
under this article or
40 CFR
52.21; and
(2) In the case of a major stationary source,
the pollutant would be emitted in significant amounts, or, in the case of a
major modification, there would be a significant net emissions increase of the
pollutant.
d. Any minor
source baseline date established originally for the TSP increments shall remain
in effect and shall apply for purposes of determining the amount of available
PM10 increments, except that the department may rescind
any such minor source baseline date where it can be shown, to the satisfaction
of the department, that the emissions increase from the major stationary
source, or the net emissions increase from the major modification, responsible
for triggering that date did not result in a significant amount of
PM10 emissions.
"Begin actual construction" means, in general, initiation
of physical on-site construction activities on an emissions unit that are of a
permanent nature. Such activities include, but are not limited to, installation
of building supports and foundations, laying of underground pipework, and
construction of permanent storage structures. With respect to a change in
method of operation, this term refers to those on-site activities other than
preparatory activities that mark the initiation of the change.
"Best available control technology" or "BACT" means an
emissions limitation (including a visible emissions standard) based on the
maximum degree of reduction for each regulated NSR pollutant that would be
emitted from any proposed major stationary source or major modification that
the department, on a case-by-case basis, taking into account energy,
environmental, and economic impacts and other costs, determines is achievable
for such source or modification through application of production processes or
available methods, systems, and techniques, including fuel cleaning or
treatment or innovative fuel combustion techniques for control of such
pollutant. In no event shall application of best available control technology
result in emissions of any pollutant that would exceed the emissions allowed by
any applicable standard under
40 CFR Parts
60,
61, and
63. If the department determines
that technological or economic limitations on the application of measurement
methodology to a particular emissions unit would make the imposition of an
emissions standard infeasible, a design, equipment, work practice, operational
standard, or combination thereof, may be prescribed instead to satisfy the
requirement for the application of best available control technology. Such
standard shall, to the degree possible, set forth the emissions reduction
achievable by implementation of such design, equipment, work practice or
operation, and shall provide for compliance by means that achieve equivalent
results.
"Building, structure, facility or installation" means all
of the pollutant-emitting activities that belong to the same industrial
grouping, are located on one or more contiguous or adjacent properties, and are
under the control of the same person (or persons under common control) except
the activities of any vessel. Pollutant-emitting activities shall be considered
as part of the same industrial grouping if they belong to the same "Major
Group" (i.e., that have the same first two-digit code) as described in the
Standard Industrial Classification Manual (see
9VAC5-20-21)
.
"Clean coal technology" means any technology, including
technologies applied at the precombustion, combustion, or post combustion
stage, at a new or existing facility that will achieve significant reductions
in air emissions of sulfur dioxide or oxides of nitrogen associated with the
utilization of coal in the generation of electricity, or process steam that was
not in widespread use as of November 15, 1990.
"Clean coal technology demonstration project" means a
project using funds appropriated under the heading "Department of Energy-Clean
Coal Technology," up to a total amount of $2,500,000,000 for commercial
demonstration of clean coal technology, or similar projects funded through
appropriations for EPA. The federal contribution for a qualifying project shall
be at least 20% of the total cost of the demonstration project.
"Commence" as applied to construction of a major
stationary source or major modification, means that the owner has all necessary
preconstruction approvals or permits and either has:
a. Begun, or caused to begin, a continuous
program of actual on-site construction of the source, to be completed within a
reasonable time; or
b. Entered into
binding agreements or contractual obligations, that cannot be canceled or
modified without substantial loss to the owner, to undertake a program of
actual construction of the source, to be completed within a reasonable time.
"Complete" means, in reference to an application for a
permit, that the application contains all of the information necessary for
processing the application and the provisions of § 10.1-1321.1 of the
Virginia Air Pollution Control Law have been met. Designating an application
complete for the purposes of permit processing does not preclude the department
from requesting or accepting any additional information.
"Construction" means any physical change or change in the
method of operation (including fabrication, erection, installation, demolition,
or modification of an emissions unit) that would result in a change in
emissions.
"Continuous emissions monitoring system" or "CEMS" means
all of the equipment that may be required to meet the data acquisition and
availability requirements of this article, to sample, condition (if
applicable), analyze, and provide a record of emissions on a continuous
basis.
"Continuous emissions rate monitoring system" or "CERMS"
means the total equipment required for the determination and recording of the
pollutant mass emissions rate (in terms of mass per unit of time).
"Continuous parameter monitoring system" or "CPMS" means
all of the equipment necessary to meet the data acquisition and availability
requirements of this article, to monitor process and control device operational
parameters (for example, control device secondary voltages and electric
currents) and other information (for example, gas flow rate,
O2 or CO2 concentrations), and to
record average operational parameter value(s) on a continuous basis.
"Electric utility steam generating unit" means any steam
electric generating unit that is constructed for the purpose of supplying more
than one-third of its potential electric output capacity and more than 25 MW
electrical output to any utility power distribution system for sale. Any steam
supplied to a steam distribution system for the purpose of providing steam to a
steam-electric generator that would produce electrical energy for sale is also
considered in determining the electrical energy output capacity of the affected
facility.
"Emissions unit" means any part of a stationary source
that emits or would have the potential to emit any regulated NSR pollutant and
includes an electric utility steam generating unit. For purposes of this
definition, there are two types of emissions units:
(i) a new emissions unit is any emissions
unit that is (or will be) newly constructed and that has existed for less than
two years from the date such emissions unit first operated; and
(ii) an existing emissions unit is any
emissions unit that is not a new emissions unit. A replacement unit is an
existing emissions unit.
"Enforceable as a practical matter" means that the permit
contains emission limitations that are enforceable by the department and meet
the following criteria:
a. Are
permanent;
b. Contain a legal
obligation for the owner to adhere to the terms and conditions;
c. Do not allow a relaxation of a requirement
of the implementation plan;
d. Are
technically accurate and quantifiable;
e. Include averaging times or other
provisions that allow at least monthly (or a shorter period if necessary to be
consistent with the implementation plan) checks on compliance. This may
include, but not be limited to, the following: compliance with annual limits on
a rolling basis, monthly or shorter limits, and other provisions consistent
with this article and other regulations of the board; and
f. Require a level of recordkeeping,
reporting and monitoring sufficient to demonstrate compliance.
"Federal land manager" means, with respect to any lands
in the United States, the secretary of the department with authority over such
lands.
"Federally enforceable" means all limitations and
conditions that are enforceable by the administrator and citizens under the
federal Clean Air Act or that are enforceable under other statutes administered
by the administrator. Federally enforceable limitations and conditions include,
but are not limited to, the following:
a. Emission standards, alternative emission
standards, alternative emission limitations, and equivalent emission
limitations established pursuant to § 112 of the federal Clean Air Act as
amended in 1990.
b. New source
performance standards established pursuant to § 111 of the federal Clean
Air Act, and emission standards established pursuant to § 112 of the
federal Clean Air Act before it was amended in 1990.
c. All terms and conditions (unless expressly
designated as not federally enforceable) in a federal operating permit,
including any provisions that limit a source's potential to emit.
d. Limitations and conditions that are part
of an implementation plan established pursuant to § 110, 111(d) or 129 of
the federal Clean Air Act.
e.
Limitations and conditions (unless expressly designated as not federally
enforceable) that are part of a federal construction permit issued under
40 CFR
52.21 or a new source review permit issued
under regulations approved by the EPA into the implementation plan.
f. Limitations and conditions (unless
expressly designated as not federally enforceable) that are part of a state
operating permit where the permit and the permit program pursuant to which it
was issued meet all of the following criteria:
(1) The operating permit program has been
approved by the EPA into the implementation plan under § 110 of the
federal Clean Air Act;
(2) The
operating permit program imposes a legal obligation that operating permit
holders adhere to the terms and limitations of such permits and provides that
permits that do not conform to the operating permit program requirements and
the requirements of EPA's underlying regulations may be deemed not "federally
enforceable" by EPA;
(3) The
operating permit program requires that all emission limitations, controls, and
other requirements imposed by such permits will be at least as stringent as any
other applicable limitations and requirements contained in the implementation
plan or enforceable under the implementation plan, and that the program may not
issue permits that waive, or make less stringent, any limitations or
requirements contained in or issued pursuant to the implementation plan, or
that are otherwise "federally enforceable";
(4) The limitations, controls, and
requirements in the permit in question are permanent, quantifiable, and
otherwise enforceable as a practical matter; and
(5) The permit in question was issued only
after adequate and timely notice and opportunity for comment by the EPA and the
public.
g. Limitations
and conditions in a regulation of the board or program that has been approved
by the EPA under subpart E of 40 CFR Part 63 for the purposes of implementing
and enforcing § 112 of the federal Clean Air Act.
h. Individual consent agreements that the EPA
has legal authority to create.
"Federal operating permit" means a permit issued under
the federal operating permit program.
"Federal operating permit program" means an operating
permit system (i) for issuing terms and conditions for major stationary
sources, (ii) established to implement the requirements of Title V of the
federal Clean Air Act and associated regulations, and (iii) codified in Article
1 (9VAC5-80-50 et
seq.), Article 2 (9VAC5-80-310 et
seq.), Article 3 (9VAC5-80-360 et
seq.), and Article 4 (9VAC5-80-710 et seq.) of
this part.
"Fugitive emissions" means those emissions that could not
reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
"High terrain" means any area having an elevation 900
feet or more above the base of the stack of a source.
"Indian governing body" means the governing body of any
tribe, band, or group of Indians subject to the jurisdiction of the United
States and recognized by the United States as possessing power of
self-government.
"Indian reservation" means any federally recognized
reservation established by treaty, agreement, executive order, or act of
Congress.
"Innovative control technology" means any system of air
pollution control that has not been adequately demonstrated in practice, but
would have substantial likelihood of achieving greater continuous emissions
reduction than any control system in current practice or of achieving at least
comparable reductions at lower cost in terms of energy, economics, or nonair
quality environmental impacts.
"Lowest achievable emission rate" or "LAER" is as defined
in
9VAC5-80-2010
C.
"Locality particularly affected" means any locality that
bears any identified disproportionate material air quality impact that would
not be experienced by other localities.
"Low terrain" means any area other than high
terrain.
"Major emissions unit" means (i) any emissions unit that
emits or has the potential to emit 100 tons per year or more of the PAL
pollutant in an attainment area; or (ii) any emissions unit that emits or has
the potential to emit the PAL pollutant for nonattainment areas in an amount
that is equal to or greater than the major source threshold for the PAL
pollutant in subdivision a (1) of the definition of "major stationary source "
in
9VAC5-80-2010
C.
"Major modification"
a. Means any physical change in or change in
the method of operation of a major stationary source that would result in a
significant emissions increase of a regulated NSR pollutant, and a significant
net emissions increase of that pollutant from the major stationary
source.
b. Any significant
emissions increase from any emissions units or net emissions increase at a
major stationary source that is significant for volatile organic compounds or
NOX shall be considered significant for ozone.
c. A physical change or change in the method
of operation shall not include the following:
(1) Routine maintenance, repair and
replacement.
(2) Use of an
alternative fuel or raw material by reason of an order under § 2 (a) and
(b) of the Energy Supply and Environmental Coordination Act of 1974 (or any
superseding legislation) or by reason of a natural gas curtailment plant
pursuant to the federal Power Act.
(3) Use of an alternative fuel by reason of
any order or rule under § 125 of the federal Clean Air Act.
(4) Use of an alternative fuel at a steam
generating unit to the extent that the fuel is generated from municipal solid
waste.
(5) Use of an alternative
fuel or raw material by a stationary source that:
(a) The source was capable of accommodating
before January 6, 1975, unless such change would be prohibited under any
federally and state enforceable permit condition that was established after
January 6, 1975, pursuant to
40 CFR
52.21 or this chapter; or
(b) The source is approved to use under any
permit issued under
40 CFR
52.21 or this chapter.
(6) An increase in the hours of operation or
in the production rate, unless such change is prohibited under any federally
and state enforceable permit condition that was established after January 6,
1975, pursuant to
40 CFR
52.21 or this chapter.
(7) Any change in ownership at a stationary
source.
(8) The installation,
operation, cessation, or removal of a temporary clean coal technology
demonstration project, provided that the project complies with:
(a) The applicable implementation plan;
and
(b) Other requirements
necessary to attain and maintain the ambient air quality standards during the
project and after it is terminated.
(9) The installation or operation of a
permanent clean coal technology demonstration project that constitutes
repowering, provided that the project does not result in an increase in the
potential to emit of any regulated pollutant emitted by the unit. This
exemption shall apply on a pollutant-by-pollutant basis.
(10) The reactivation of a very clean
coal-fired electric utility steam generating unit.
d. This definition shall not apply with
respect to a particular regulated NSR pollutant when the major stationary
source is complying with the requirements under
9VAC5-80-1865
for a PAL for that pollutant. Instead, the definition of "PAL major
modification" shall apply.
"Major new source review (NSR) permit" means a permit
issued under the major new source review program.
"Major new source review (major NSR) program" means a
preconstruction review and permit program (i) for new major stationary sources
or major modifications (physical changes or changes in the method of
operation), (ii) established to implement the requirements of §§ 112,
165 and 173 of the federal Clean Air Act and associated regulations, and (iii)
codified in Article 7 (9VAC5-80-1400 et
seq.), Article 8 (9VAC5-80-1605 et
seq.) and Article 9 (9VAC5-80-2000 et
seq.) of this part.
"Major stationary source"
a. Means:
(1) Any of the following stationary sources
of air pollutants that emits, or has the potential to emit, 100 tons per year
or more of any regulated NSR pollutant:
(a)
Fossil fuel-fired steam electric plants of more than 250 million British
thermal units per hour heat input.
(b) Coal cleaning plants (with thermal
dryers).
(c) Kraft pulp
mills.
(d) Portland cement
plants.
(e) Primary zinc
smelters.
(f) Iron and steel mill
plants.
(g) Primary aluminum ore
reduction plants.
(h) Primary
copper smelters.
(i) Municipal
incinerators capable of charging more than 250 tons of refuse per
day.
(j) Hydrofluoric acid
plants.
(k) Sulfuric acid
plants.
(l) Nitric acid
plants.
(m) Petroleum
refineries.
(n) Lime
plants.
(o) Phosphate rock
processing plants.
(p) Coke oven
batteries.
(q) Sulfur recovery
plants.
(r) Carbon black plants
(furnace process).
(s) Primary lead
smelters.
(t) Fuel conversion
plants.
(u) Sintering
plants.
(v) Secondary metal
production plants.
(w) Chemical
process plants (which does not include ethanol production facilities that
produce ethanol by natural fermentation included in NAICS codes 325193 or
312140).
(x) Fossil fuel boilers
(or combination of them) totaling more than 250 million British thermal units
per hour heat input.
(y) Petroleum
storage and transfer units with a total storage capacity exceeding 300,000
barrels.
(z) Taconite ore
processing plants.
(aa) Glass fiber
processing plants.
(bb) Charcoal
production plants;
(2)
Notwithstanding the stationary source size specified in subdivision a (1) of
this definition, any stationary source that emits, or has the potential to
emit, 250 tons per year or more of a regulated NSR pollutant; or
(3) Any physical change that would occur at a
stationary source not otherwise qualifying under subdivision a (1) or a (2) of
this definition as a major stationary source, if the change would constitute a
major stationary source by itself.
b. A major stationary source that is major
for volatile organic compounds or NOX shall be
considered major for ozone.
c. The
fugitive emissions of a stationary source shall not be included in determining
for any of the purposes of this article whether it is a major stationary
source, unless the source belongs to one of the following categories of
stationary sources:
(1) Coal cleaning plants
(with thermal dryers).
(2) Kraft
pulp mills.
(3) Portland cement
plants.
(4) Primary zinc
smelters.
(5) Iron and steel
mills.
(6) Primary aluminum ore
reduction plants.
(7) Primary
copper smelters.
(8) Municipal
incinerators capable of charging more than 250 tons of refuse per
day.
(9) Hydrofluoric, sulfuric, or
nitric acid plants.
(10) Petroleum
refineries.
(11) Lime
plants.
(12) Phosphate rock
processing plants.
(13) Coke oven
batteries.
(14) Sulfur recovery
plants.
(15) Carbon black plants
(furnace process).
(16) Primary
lead smelters.
(17) Fuel conversion
plants.
(18) Sintering
plants.
(19) Secondary metal
production plants.
(20) Chemical
process plants (which shall not include ethanol production facilities that
produce ethanol by natural fermentation included in NAICS codes 325193 or
312140).
(21) Fossil-fuel boilers
(or combination of them) totaling more than 250 million British thermal units
per hour heat input.
(22) Petroleum
storage and transfer units with a total storage capacity exceeding 300,000
barrels.
(23) Taconite ore
processing plants.
(24) Glass fiber
processing plants.
(25) Charcoal
production plants.
(26) Fossil
fuel-fired steam electric plants of more than 250 million British thermal units
per hour heat input.
(27) Any other
stationary source category that, as of August 7, 1980, is being regulated under
40 CFR Parts
60 and
61.
"Minor new source review (NSR) permit" means a permit
issued under the minor new source review program.
"Minor new source review (minor NSR) program" means a
preconstruction review and permit program (i) for new stationary sources or
modifications (physical changes or changes in the method of operation) that are
not subject to review under the major new source review program, (ii)
established to implement the requirements of §§ 110(a)(2)(C) and 112
of the federal Clean Air Act and associated regulations, and (iii) codified in
Article 6 (9VAC5-80-1100 et
seq.) of this part.
"Necessary preconstruction approvals or permits" means
those permits required under NSR programs that are part of the applicable
implementation plan.
"Net emissions increase" means:
a. With respect to any regulated NSR
pollutant emitted by a major stationary source, the amount by which the sum of
the following exceeds zero:
(1) The increase
in emissions from a particular physical change or change in the method of
operation at a stationary source as calculated pursuant to
9VAC5-80-1605 G;
and
(2) Any other increases and
decreases in actual emissions at the major stationary source that are
contemporaneous with the particular change and are otherwise creditable.
Baseline actual emissions for calculating increases and decreases under this
subdivision shall be determined as provided in the definition of "baseline
actual emissions," except that subdivisions a (3) and b (4) of that definition
shall not apply.
b. An
increase or decrease in actual emissions is contemporaneous with the increase
from the particular change only if it occurs between:
(1) The date five years before construction
on the particular change commences; and
(2) The date that the increase from the
particular change occurs.
c. An increase or decrease in actual
emissions is creditable only if (i) it occurs between the date five years
before construction on the particular change commences and the date that the
increase from the particular change occurs; and (ii) the department has not
relied on it in issuing a permit for the source under this article (or the
administrator under
40 CFR
52.21), which permit is in effect when the
increase in actual emissions from the particular change occurs.
d. An increase or decrease in actual
emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs
before the applicable minor source baseline date is creditable only if it is
required to be considered in calculating the amount of maximum allowable
increases remaining available.
e.
An increase in actual emissions is creditable only to the extent that the new
level of actual emissions exceeds the old level.
f. A decrease in actual emissions is
creditable only to the extent that:
(1) The
old level of actual emissions or the old level of allowable emissions,
whichever is lower, exceeds the new level of actual emissions;
(2) It is enforceable as a practical matter
at and after the time that actual construction on the particular change begins;
and
(3) It has approximately the
same qualitative significance for public health and welfare as that attributed
to the increase from the particular change.
g. An increase that results from a physical
change at a source occurs when the emissions unit on which construction
occurred becomes operational and begins to emit a particular pollutant. Any
replacement unit that requires shakedown becomes operational only after a
reasonable shakedown period, not to exceed 180 days.
h. Subdivision a of the definition of "actual
emissions" shall not apply for determining creditable increases and decreases.
"New source performance standard" or "NSPS" means the
U.S. Environmental Protection Agency Regulations on Standards of Performance
for New Stationary Sources as promulgated in 40 CFR Part 60 and designated in
9VAC5-50-410.
"New source review (NSR) permit" means a permit issued
under the new source review program.
"New source review (NSR) program" means a preconstruction
review and permit program (i) for new stationary sources or modifications
(physical changes or changes in the method of operation); (ii) established to
implement the requirements of §§ 110(a)(2)(C), 112 (relating to
permits for hazardous air pollutants), 165 (relating to permits in prevention
of significant deterioration areas), and 173 (relating to permits in
nonattainment areas) of the federal Clean Air Act and associated regulations;
and (iii) codified in Article 6 (9VAC5-80-1100 et
seq.), Article 7 (9VAC5-80-1400 et
seq.), Article 8 (9VAC5-80-1605 et
seq.) and Article 9 (9VAC5-80-2000 et
seq.) of this part.
"Plantwide applicability limitation" or "PAL" means an
emission limitation expressed in tons per year, for a pollutant at a major
stationary source, that is enforceable as a practical matter and established
sourcewide in accordance with
9VAC5-80-1865.
"PAL effective date" generally means the date of issuance
of the PAL permit. However, the PAL effective date for an increased PAL is the
date any emissions unit that is part of the PAL major modification becomes
operational and begins to emit the PAL pollutant.
"PAL effective period" means the period beginning with
the PAL effective date and ending 10 years later.
"PAL major modification" means, notwithstanding the
definitions for major modification and net emissions increase, any physical
change in or change in the method of operation of the PAL source that causes it
to emit the PAL pollutant at a level equal to or greater than the PAL.
"PAL permit" means the state operating permit issued by
the department that establishes a PAL for a major stationary source.
"PAL pollutant" means the pollutant for which a PAL is
established at a major stationary source.
"Potential to emit" means the maximum capacity of a
stationary source to emit a pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment, and restrictions
on hours of operation or on the type or amount of material combusted, stored,
or processed, shall be treated as part of its design if the limitation or the
effect it would have on emissions is federally and state enforceable. Secondary
emissions do not count in determining the potential to emit of a stationary
source. For the purposes of actuals PALs, any physical or operational
limitation on the capacity of the source to emit a pollutant, including air
pollution control equipment, and restrictions on hours of operation or on the
type or amount of material combusted, stored, or processed, shall be treated as
part of its design only if the limitation or the effect it would have on
emissions is federally enforceable or enforceable as a practical matter by the
state.
"Predictive emissions monitoring system" or "PEMS" means
all of the equipment necessary to monitor process and control device
operational parameters (for example, control device secondary voltages and
electric currents) and other information (for example, gas flow rate,
O2 or CO2 concentrations), and
calculate and record the mass emissions rate (for example, pounds per hour) on
a continuous basis.
"Project" means a physical change in, or change in the
method of operation of, an existing major stationary source.
"Projected actual emissions" means the maximum annual
rate, in tons per year, at which an existing emissions unit is projected to
emit a regulated NSR pollutant in any one of the five years (12-month period)
following the date the unit resumes regular operation after the project, or in
any one of the 10 years following that date, if the project involves increasing
the emissions unit's design capacity or its potential to emit that regulated
NSR pollutant and full utilization of the unit would result in a significant
emissions increase or a significant net emissions increase at the major
stationary source. In determining the projected actual emissions (before
beginning actual construction), the owner of the major stationary
source:
a. Shall consider all relevant
information, including but not limited to, historical operational data, the
company's own representations, the company's expected business activity and the
company's highest projections of business activity, the company's filings with
the state or federal regulatory authorities, and compliance plans under the
approved implementation plan;
b.
Shall include fugitive emissions to the extent quantifiable and emissions
associated with startups, shutdowns, and malfunctions; and
c. Shall exclude, in calculating any increase
in emissions that results from the particular project, that portion of the
unit's emissions following the project that an existing unit could have emitted
during the consecutive 24-month period used to establish the baseline actual
emissions and that are also unrelated to the particular project, including any
increased utilization due to product demand growth, provided such exclusion
shall not reduce any calculated increases in emissions that are caused by,
result from, or are related to the particular project; or
d. In lieu of using the method set out in
subdivisions a through c of this definition, may elect to use the emissions
unit's potential to emit, in tons per year.
"Reactivation of a very clean coal-fired electric utility
steam generating unit" means any physical change or change in the method of
operation associated with the commencement of commercial operations by a
coal-fired utility unit after a period of discontinued operation where the
unit:
a. Has not been in operation for
the two-year period prior to the enactment of the federal Clean Air Act
Amendments of 1990, and the emissions from such unit continue to be carried in
the department's emissions inventory at the time of enactment;
b. Was equipped prior to shutdown with a
continuous system of emissions control that achieves a removal efficiency for
sulfur dioxide of no less than 85% and a removal efficiency for particulates of
no less than 98%;
c. Is equipped
with low-NOX burners prior to the time of commencement of operations following
reactivation; and
d. Is otherwise
in compliance with the requirements of the federal Clean Air Act.
"Reasonably available control technology" or "RACT" means
the lowest emission limit that a particular source is capable of meeting by the
application of control technology that is reasonably available, considering
technological and economic feasibility.
"Regulated NSR pollutant" means:
a. Any pollutant for which an ambient air
quality standard has been promulgated. This includes, but is not limited to,
the following:
(1)
PM2.5 emissions and PM10
emissions shall include gaseous emissions from a source or activity that
condense to form particulate matter at ambient temperatures. On or after
January 1, 2011, such condensable particulate matter shall be accounted for in
applicability determinations and in establishing emissions limitations for
PM2.5 and PM10 issued under this
article. Compliance with emissions limitations for PM2.5
and PM10 issued prior to this date shall not be based on
condensable particulate matter unless required by the terms and conditions of
the permit. Applicability determinations made prior to this date without
accounting for condensable particulate matter shall not be considered in
violation of this article.
(2) Any
pollutant identified under this subdivision as a constituent or precursor to a
pollutant for which an ambient air quality standard has been promulgated.
Precursors identified for the purposes of this article shall be the following:
(a) Volatile organic compounds and nitrogen
oxides are precursors to ozone in all attainment and unclassifiable
areas.
(b) Sulfur dioxide is a
precursor to PM2.5 in all attainment and unclassifiable
areas.
(c) Nitrogen oxides are
presumed to be precursors to PM2.5 in all attainment and
unclassifiable areas, unless the department determines that emissions of
nitrogen oxides from sources in a specific area are not a significant
contributor to that area's ambient PM2.5
concentrations.
(d) Volatile
organic compounds are presumed not to be precursors to
PM2.5 in any attainment or unclassifiable area, unless
the department determines that emissions of volatile organic compounds from
sources in a specific area are a significant contributor to that area's ambient
PM2.5 concentrations.
b. Any pollutant that is subject to any
standard promulgated under § 111 of the federal Clean Air Act.
c. Any class I or II substance subject to a
standard promulgated under or established by Title VI of the federal Clean Air
Act.
d. Any pollutant that
otherwise is subject to regulation under the federal Clean Air Act; except that
any or all hazardous air pollutants either listed in § 112 of the federal
Clean Air Act or added to the list pursuant to § 112(b)(2), which have not
been delisted pursuant to § 112(b)(3), are not regulated NSR pollutants
unless the listed hazardous air pollutant is also regulated as a constituent or
precursor of a general pollutant listed under § 108 of the federal Clean
Air Act.
"Replacement unit" means an emissions unit for which all
the following criteria are met. No creditable emission reductions shall be
generated from shutting down the existing emissions unit that is
replaced.
a. The emissions unit is a
reconstructed unit within the meaning of
40 CFR
60.15(b)(1), or the
emissions unit completely takes the place of an existing emissions
unit.
b. The emissions unit is
identical to or functionally equivalent to the replaced emissions
unit.
c. The replacement does not
change the basic design parameters of the process unit.
d. The replaced emissions unit is permanently
removed from the major stationary source, otherwise permanently disabled, or
permanently barred from operation by a permit that is enforceable as a
practical matter. If the replaced emissions unit is brought back into
operation, it shall constitute a new emissions unit.
"Repowering" means:
a. Replacement of an existing coal-fired
boiler with one of the following clean coal technologies: atmospheric or
pressurized fluidized bed combustion, integrated gasification combined cycle,
magnetohydrodynamics, direct and indirect coal-fired turbines, integrated
gasification fuel cells, or as determined by the administrator, in consultation
with the Secretary of Energy, a derivative of one or more of these
technologies, and any other technology capable of controlling multiple
combustion emissions simultaneously with improved boiler or generation
efficiency and with significantly greater waste reduction relative to the
performance of technology in widespread commercial use as of November 15,
1990.
b. Repowering shall also
include any oil and/or gas-fired unit which has been awarded clean coal
technology demonstration funding as of January 1, 1991, by the Department of
Energy.
c. The department may give
expedited consideration to permit applications for any source that satisfies
the requirements of this definition and is granted an extension under §
409 of the federal Clean Air Act.
"Secondary emissions" means emissions that would occur as
a result of the construction or operation of a major stationary source or major
modification, but do not come from the major stationary source or major
modification itself. For the purpose of this article, secondary emissions shall
be specific, well defined, quantifiable, and affect the same general area as
the stationary source or modification that causes the secondary emissions.
Secondary emissions include emissions from any offsite support facility that
would not be constructed or increase its emissions except as a result of the
construction or operation of the major stationary source or major modification.
Secondary emissions do not include any emissions that come directly from a
mobile source, such as emissions from the tailpipe of a motor vehicle, from a
train, or from a vessel.
"Significant" means:
a. In reference to a net emissions increase
or the potential of a source to emit any of the following pollutants, a rate of
emissions that would equal or exceed any of the following rates:
|
Pollutant
|
Emissions Rate
|
|
Carbon Monoxide
|
100 tons per year (tpy)
|
|
Nitrogen Oxides
|
40 tpy
|
|
Sulfur Dioxide
|
40 tpy
|
|
Particulate Matter (TSP)
|
25 tpy
|
|
PM10
|
15 tpy
|
|
PM2.5
|
10 tpy of direct PM2.5
emissions; 40 tpy of SO2 emissions; 40 tpy of
NOX emissions unless demonstrated not to be a
PM2.5 precursor under the definition of "regulated NSR
pollutant"
|
|
Ozone
|
40 tpy of volatile organic compounds or
NOX
|
|
Lead
|
0.6 tpy
|
|
Fluorides
|
3 tpy
|
|
Sulfuric Acid Mist
|
7 tpy
|
|
Hydrogen Sulfide
(H2S)
|
10 tpy
|
|
Total Reduced Sulfur (including
H2S)
|
10 tpy
|
|
Reduced Sulfur Compounds (including
H2S)
|
10 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)
|
15 tpy
|
|
Municipal waste combustor acid gases (measured
as the sum of SO2 and HCl)
|
40 tpy
|
|
Municipal solid waste landfills emissions
(measured as nonmethane organic compounds)
|
50 tpy
|
b. In reference to a net emissions increase
or the potential of a source to emit a regulated NSR pollutant that subdivision
a of this definition does not list, any emissions rate.
c. Notwithstanding subdivision a of this
definition, any emissions rate or any net emissions increase associated with a
major stationary source or major modification that would construct within 10
kilometers of a class I area and have an impact on such area equal to or
greater than 1 µg/m3 (24-hour
average).
"Significant emissions increase" means, for a regulated
NSR pollutant, an increase in emissions that is significant for that
pollutant.
"Significant emissions unit" means an emissions unit that
emits or has the potential to emit a PAL pollutant in an amount that is
significant for that PAL pollutant, but less than the amount that would qualify
the unit as a major emissions unit.
"Small emissions unit" means an emissions unit that emits
or has the potential to emit the PAL pollutant in an amount less than the
significant level for that PAL pollutant.
"State enforceable" means all limitations and conditions
that are enforceable as a practical matter, including any regulation of the
board, those requirements developed pursuant to
9VAC5-170-160,
requirements within any applicable order or variance, and any permit
requirements established pursuant to this chapter.
"State operating permit" means a permit issued under the
state operating permit program.
"State operating permit program" means an operating
permit program (i) for issuing limitations and conditions for stationary
sources; (ii) promulgated to meet the EPA's minimum criteria for federal
enforceability, including adequate notice and opportunity for the EPA and
public comment prior to issuance of the final permit, and practicable
enforceability; and (iii) codified in Article 5 (9VAC5-80-800 et
seq.) of this part.
"Stationary source" means any building, structure,
facility, or installation that emits or may emit a regulated NSR
pollutant.
"Temporary clean coal technology demonstration project"
means a clean coal technology demonstration project that is operated for a
period of five years or less, and that complies with the applicable
implementation plan and other requirements necessary to attain and maintain the
ambient air quality standards during the project and after it is
terminated.
Statutory Authority: § 10.1-1308 of the Code of
Virginia.
