Chapter 80. Permits for Stationary Sources

A. The general requirements for making changes to permits are as follows: 1. Changes to a permit issued under this article shall be made as specified under subsections B and C of this section and 9VAC5-80-1550 through 9VAC5-80-1580 of this article. 2. Changes to a permit issued u…

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 amendment procedures shall be used only for those permit amendments that: 1. Do not violate any applicable requirement; 2. Do not involve significant changes to existing monitoring, reporting, or recordkeeping requirements that would make the permit requirements l…

A. The criteria for use of significant amendment procedures are as follows: 1. Significant amendment procedures shall be used for requesting permit amendments that do not qualify as minor permit amendments under 9VAC5-80-1560 or as administrative amendments under 9VAC5-80-1550. 2…

A. A permit may be reopened and amended under any of the following situations: 1. Additional regulatory requirements become applicable to the emission units covered by the permit after a permit is issued but prior to commencement of construction. 2. The department determines that…

A. If the administrator promulgates a MACT standard under § 112(d) or § 112(h) of the federal Clean Air Act that is applicable to a stationary source, group of stationary sources, or portion of a stationary source which would be deemed to be a constructed or reconstructed major s…

A. No person shall transfer a permit from one location to another, unless authorized under 9VAC5-80-130, or from one piece of equipment to another. B. In the case of a transfer of ownership of a stationary source, the new owner shall comply with any current permit issued to the p…

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 ti…

A. As used in this article, all words or terms not defined herein shall have the meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by context. B. For the purpose of this article, 9VAC5-50-280, and applying this article in the context of the Regulati…

A. No owner or other person shall begin actual construction of any new major stationary source or major modification without first obtaining from the department a permit to construct and operate such source. The permit will state that the major stationary source or major modifica…

In areas designated as class I, II or III, increases in pollutant concentration over the baseline concentration shall be limited to the following: MAXIMUM ALLOWABLE INCREASE (micrograms per cubic meter) Class I Area PM2.5: Annual arithmetic mean 1 24 hour maximum 2 PM10: Annual a…

No concentration of a pollutant shall exceed: 1. The concentration permitted under the secondary ambient air quality standard, or 2. The concentration permitted under the primary ambient air quality standard, whichever concentration is lowest for the pollutant for a period of exp…

A. A single application is required identifying at a minimum each emissions unit subject to the provisions of this article. The application shall be submitted according to procedures acceptable to the department. However, where several emissions units are included in one project,…

No provision of this part or any permit issued thereunder shall relieve an owner of the responsibility to comply in all respects with any existing zoning ordinances and regulations in the locality in which the source is located or proposes to be located; provided, however, that s…

A. Compliance with standards of performance shall be determined in accordance with the provisions of 9VAC5-50-20 and shall be verified by performance tests in accordance with the provisions of 9VAC5-50-30. B. Testing required by this section shall be conducted within 60 days by t…

A. The provisions of 9VAC5-50-20 H apply. B. Prior to issuing a permit with a new or revised emission limitation that is based on a good engineering practice stack height that exceeds the height allowed by subdivision 1 or 2 of the GEP definition in 9VAC5-10-20, the department wi…

A. The requirements of this article shall not apply to a particular major stationary source or major modification if: 1. The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in c…

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…

(Repealed.)

A. A major stationary source or major modification shall meet each applicable emissions limitation under the implementation plan and each applicable emissions standard and standard of performance under 40 CFR Parts 60, 61 and 63. B. A new major stationary source shall apply best …

(Repealed.)

A. The owner of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contrib…

(Repealed.)

A. All applications of air quality modeling involved in this article shall be based on the applicable air quality models, data bases, and other requirements specified in Appendix W to 40 CFR Part 51. B. Where an air quality impact model specified in Appendix W to 40 CFR Part 51 i…

(Repealed.)

A. Preapplication analysis shall be conducted as follows: 1. Any application for a permit under this article shall contain an analysis of ambient air quality in the area that the major stationary source or major modification would affect for each of the following pollutants: a. F…

(Repealed.)

The owner of a proposed source or modification shall submit all information necessary to perform any analysis or make any determination required under this article. A. With respect to a source or modification to which 9VAC5-80-1705, 9VAC5-80-1715, 9VAC5-80-1735, and 9VAC5-80-1755…

(Repealed.)

A. The owner shall provide an analysis of the impairment to visibility, soils and vegetation that would occur as a result of the source or modification and general commercial, residential, industrial and other growth associated with the source or modification. The owner need not …

(Repealed.)

A. The department shall transmit to the administrator a copy of each permit application relating to a major stationary source or major modification and provide notice to the administrator of the following actions related to the consideration of such permit: 1. Notification of the…

(Repealed.)

A. Within 30 days after receipt of an application, the department will notify the applicant of the status of the application. The notification of the initial determination with regard to the status of the application will be provided by the department in writing and will include …

A. No later than 30 days after receiving the initial determination notification required under 9VAC5-80-1773 A, the applicant shall notify the public about the proposed source as required in subsection B of this section. The applicant shall also provide an informational briefing …

(Repealed.)

A. Any owner who constructs or operates a source or modification not in accordance (i) with the application submitted pursuant to this article or (ii) with the terms and conditions of any permit to construct or operate, or any owner of a source or modification subject to this art…

(Repealed.)

Whenever any proposed source or modification is subject to action by a federal agency that might necessitate preparation of an environmental impact statement pursuant to the National Environmental Policy Act (42 USC 4321), review conducted pursuant to this article shall be coordi…

The shutdown of an emissions unit is not creditable for purposes of emissions trading or exempt under 9VAC5-80-50 C 4 unless a decision concerning shutdown has been made pursuant to 9VAC5-20-220. Statutory Authority§ 10.1-1308 of the Code of Virginia.

(Repealed.)

If a permit is proposed to be issued for any major stationary source or major modification proposed for construction in any state that the governor of an affected state or Indian governing body of an affected tribe determines will cause or contribute to a cumulative change in air…

(Repealed.)

A. The owner of each source or modification, which may significantly contribute to levels of air pollution in excess of an ambient air quality standard in any air quality control region outside the Commonwealth, shall provide written notice to all nearby states of the air polluti…

(Repealed.)

A. Prior to the close of the public comment period under 9VAC5-80-1775, an owner of a proposed major stationary source or major modification may request, in writing, that the department approve a system of innovative control technology. B. The department, with the consent of the …

(Repealed.)