Chapter 80. Permits for Stationary Sources

A. The department may establish an emission cap for sources or emissions units applicable under this article when the applicant requests that a cap be established. B. The criteria in this subsection shall be met in establishing emission standards for emission caps to the extent n…

A. The following requirements apply to permit content: 1. The department shall include in the permit all applicable requirements for all emissions units. 2. The department shall include in the permit applicable requirements that apply to fugitive emissions. 3. Each permit issued …

A. For the purpose of applying this chapter in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section. B. Unless otherwise required by context, all terms…

A. Except as provided in subsection C of this section, the provisions of this article apply to the following stationary sources: 1. Any major source. 2. Any source, including an area source, subject to a standard, limitation, or other requirement under § 111 of the federal Clean …

A. The department shall expressly include in a permit a provision stating that compliance with the conditions of the permit shall be deemed compliance with all applicable requirements in effect as of the date of permit issuance and as specifically identified in the permit. B. The…

A. The department shall take final action on each permit application (including a request for permit modification or renewal) as follows: 1. The department shall issue or deny all permits in accordance with the requirements of this article and this section, including the complete…

A. No person shall transfer a permit from one location to another or from one piece of equipment to another. B. In the case of a transfer of ownership of an affected source, the new owner shall comply with any current permit issued to the previous owner. The new owner shall notif…

A. Permits being renewed shall be subject to the same procedural requirements, including those for public participation, affected state and EPA review, that apply to initial permit issuance under this article. B. Permit expiration terminates the source's right to operate unless a…

The shutdown of an emissions unit is not creditable for purposes of emissions trading or exempt under 9VAC5-80-360 C 3 unless a decision concerning shutdown has been made pursuant to 9VAC5-20-220. Statutory Authority§ 10.1-1308 of the Code of Virginia.

A. Changes to emissions units that pertain to applicable federal requirements at a source with a permit issued under this article shall be made as specified under subsections B and C of this section. Changes may be initiated by the permittee as specified in subsection B of this s…

A. Administrative permit amendments shall be required for and limited to the following: 1. Correction of typographical or any other error, defect or irregularity which does not substantially affect the permit. 2. Identification of a change in the name, address, or phone number of…

A. Minor permit modification procedures shall be used only for those permit modifications that: 1. Do not violate any applicable requirement; 2. Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements in the permit such as a change to t…

A. Group processing of modifications may be used only for those permit modifications that meet both of the following: 1. Permit modifications that meet the criteria for minor permit modification procedures under 9VAC5-80-570 A. 2. Permit modifications that collectively are below …

A. Significant modification procedures shall be used for applications requesting permit modifications that do not qualify as minor permit modifications under 9VAC5-80-570 or 9VAC5-80-580 or as administrative amendments under 9VAC5-80-560. Significant modification procedures shall…

A. For the purpose of Regulations for the Control and Abatement of Air Pollution and subsequent amendments, or any orders issued by the department, the words or terms shall have the meanings given them in subsection C of this section. B. As used in this article, all terms not def…

A. The following are permit modifications for affected units: 1. Relaxation of an excess emission offset requirement after approval of the offset plan by the administrator. 2. Incorporation of a final nitrogen oxides alternative emission limitation following a demonstration perio…

A. The following permit revisions are, at the option of the designated representative submitting the permit revision, either fast-track modifications under this section or permit modifications for affected units under 9VAC5-80-600: 1. Incorporation of a compliance option under 9V…

A. The following permit revisions are administrative permit amendments for affected units: 1. Activation of a compliance option conditionally approved by the department, provided that all requirements for activation under 9VAC5-80-450 C and 9VAC5-80-460 are met. 2. Changes in the…

The following permit revisions shall be deemed to amend automatically, and become a part of the affected unit's acid rain permit by operation of law without any further review: 1. Upon recordation by the administrator under 40 CFR Part 73, all allowance allocations to, transfers …

A. A permit shall be reopened and revised under any of the conditions stated in 9VAC5-80-490 L. B. Proceedings to reopen and reissue a permit shall follow the same procedures as apply to initial permit issuance and shall affect only those parts of the permit for which cause to re…

A. In the event of a malfunction, the owner may demonstrate that the conditions of subsection B of this section are met. B. The permittee may, through properly signed, contemporaneous operating logs, or other relevant evidence, show the following: 1. A malfunction occurred and th…

A. The following general requirements apply: 1. Pursuant to § 10.1-1322 of the Code of Virginia, failure to comply with any condition of a permit shall be considered a violation of the Virginia Air Pollution Control Law. 2. A permit may be revoked or terminated prior to its expir…

A. Except for modifications qualifying for minor permit modification procedures and administrative permit amendments, draft permits for initial permit issuance, significant modifications, and renewals shall be subject to a public comment period of at least 30 days. The department…

A. The department shall allow, under conditions specified in this section, operational flexibility changes at a source that do not require a revision to be made to the permit in order for the changes to occur. Such changes shall be classified as follows: (i) those that contravene…

A. The following requirements apply with respect to transmission of information to the administrator: 1. The department shall provide to the administrator a copy of each permit application (including any application for permit modification), each proposed permit, and each final p…

A. No permit may be issued pursuant to this article until the article has been approved by the administrator, whether full, interim, partial, for federal delegation purposes, or otherwise. B. If requested in the application for a permit or permit renewal submitted pursuant to thi…

A. Upon the request of an applicant, any requirement of any regulation of the board (other than any requirement that is a federal applicable requirement) may be included as an applicable state requirement in a permit issued under this article. B. If the applicant chooses to make …

(Repealed.)

Article 4 Insignificant Activities A. For the purposes of Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.) and Article 3 (9VAC5-80-360 et seq.) of this chapter, insignificant activities shall be those activities listed in 9VAC5-80-720. There are three categories …

A. Insignificant activities include the following emissions units: 1. Gas flares or flares used solely to indicate danger to the public. 2. Ventilation systems not used to remove air contaminants generated by or released from specific units of equipment. 3. Air-conditioning units…

A. A single application is required identifying each emission unit subject to this article. The application shall be submitted according to the requirements of this section, 9VAC5-80-90 and procedures approved by the department. Where several units are included in one stationary …

A. Within the limits of subsection C of this section, the provisions of this article apply to the operation of any stationary source or emissions unit of a regulated air pollutant. B. The provisions of this article apply throughout the Commonwealth of Virginia. C. Permits may be …

A. For the purpose of this article and subsequent amendments or any orders issued by the department, the words or terms shall have the meaning given them in subsection C of this section. B. As used in this article, all terms not defined here shall have the meaning given them in G…

A. The department may issue permits whose applicability is limited to one specific pollutant or to multiple specific pollutants emitted by a stationary source or emissions unit. It may also issue permits whose applicability is limited to one specific emissions unit or multiple sp…

A. For permits issued under the provisions of 9VAC5-80-800 C 1, a single complete application is required identifying each emissions unit to be covered by the permit. The application shall be submitted according to procedures approved by the department. Where several units are in…

A. The department shall furnish application forms to applicants. B. Each application for a permit under the provisions of 9VAC5-80-800 C 1 shall include, but not be limited to, the following: 1. Company name and address (or plant name and address if different from the company nam…

A. A permit may be granted pursuant to this article if it is shown to the satisfaction of the department that the following standards and conditions will be met: 1. The stationary source or emissions unit shall operate without causing a violation of the applicable provisions of r…

A. After receipt of an application or any additional information, the department shall advise the applicant in writing of any deficiency in such application or information no later than 30 days after receipt of the application or additional information. B. The department will nor…

A. No permit shall be granted pursuant to this article unless compliance with the standards in 9VAC5-80-850 is demonstrated to the satisfaction of the department by a review and analysis of the application performed on a source-by-source basis as specified below: 1. Applications …

A. The department may require owners of sources subject to this article to conduct such tests as are necessary to determine the type or amount or both of the pollutants emitted from the stationary source or emissions unit or whether the stationary source or emissions unit will be…

A. The department may require owners of stationary sources subject to this article to install, calibrate, operate and maintain equipment for continuously monitoring and recording emissions or process parameters or both, and establish and maintain records, and make periodic emissi…

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 …

A. The department may require owners of stationary sources subject to this article to establish and maintain records, provide notifications and reports, revise reports, report emission tests or monitoring results in a manner and form and using procedures as the department may pre…

The existence of a permit under this article shall not constitute a defense to a violation of the Virginia Air Pollution Control Law or regulations of the board and shall not relieve any owner of the responsibility to comply with any applicable regulations, laws, ordinances and o…

Regardless of the exemptions provided in this article, permits shall be required of owners who circumvent the requirements of this article by causing or allowing a pattern of ownership or development over a geographic area of a stationary source which, except for the pattern of o…

No provision of this article or any permit issued thereunder shall relieve any owner from the responsibility to comply in all respects with any existing zoning ordinances and regulations in the locality in which the stationary source is located provided, however, that such compli…

A. No person shall transfer a permit from one location to another, or from one piece of equipment to another. B. In the case of a transfer of ownership or name change of a stationary source, the new owner shall abide by any current permit issued to the previous owner or to the sa…