Final Text
9VAC5-140-1061. Nonattainment area requirements. (Repealed.)
A. The following requirements apply to any CAIR NOX
unit located in a nonattainment area designated in 9VAC5-20-204:
1. No owner, operator or other person shall cause or permit to
be discharged into the atmosphere from any CAIR NOX unit any NOX
emissions in excess of the NOX annual emissions cap. For each
control period, the NOX annual emissions cap shall be equal to the
number of NOX allowances (expressed in tons) allocated for the CAIR
NOX unit for the control period in accordance with 9VAC5-140-1420.
2. A CAIR NOX unit shall be subject to the
requirements under subdivision 1 of this subsection for the control period
starting on the later of January 1, 2009, or the deadline for meeting the
unit's monitor certification requirements under 9VAC5-140-1700 C 1, 2, or 5 and
for each control period thereafter.
3. Compliance with the NOX annual emissions cap
in subdivision 1 of this subsection shall be based on a comparison of (i) the
total NOX emissions (expressed in tons) from each CAIR NOX
unit during the control period, as determined in accordance with Article 8
(9VAC5-140-1700 et seq.) of this part and (ii) the NOX annual
emissions cap.
4. The owner or operator of a CAIR NOX unit subject
to this section shall be in violation of this subsection if the owner or
operator fails to submit by April 1 of each year for the preceding control
period (i) documentation to verify compliance with the NOX annual
emissions cap set forth in subdivision 1 of this subsection or (ii) a NOX
emissions compliance demonstration in accordance with 9VAC5-140-1062.
B. Nothing in this part shall prevent the permitting
authority from issuing a nonattainment area permit under the authority and
procedures of the state operating permit program in order to:
1. Cap the emissions of a CAIR NOX unit or CAIR
NOX source contributing to a violation of any air quality standard
or a nonattainment condition;
2. Remedy a situation that may cause or contribute to
nonattainment condition or the endangerment of human health or welfare; or
3. Establish a source-specific emission standard or other
requirements necessary to implement the federal Clean Air Act or the Virginia
Air Pollution Control Law.
C. Nothing in this part shall prevent the permitting
authority from including in any nonattainment area permit issued to implement
subdivision B 1 of this section any terms and conditions that would prohibit
any CAIR NOX unit or CAIR NOX source subject to this part
from engaging in any emissions trading activities or using any emissions
credits obtained from emissions reductions external to the CAIR NOX
unit or CAIR NOX source to comply with the requirements of
subsection A of this section or any nonattainment area permit issued pursuant to
subdivision B 1 of this section except that such terms and conditions may not
prohibit any CAIR NOX unit or CAIR NOX source subject to
this part from engaging in any emissions trading activities unrelated to
compliance with the requirements of subsection A of this section or any
nonattainment area permit issued pursuant to subdivision B 1 of this section.
D. Nothing in this section shall be construed to prohibit
any CAIR NOX unit or CAIR NOX source from participating
in the CAIR NOX Annual Trading Program. Notwithstanding any other
provision of this section or any regulation of the board, the permitting
authority may not include in any permit any terms and conditions that restrict
any emissions trading activities under the CAIR NOX Annual Trading
Program. Compliance with the CAIR NOX Annual Trading Program and
this section (including any nonattainment area permits issued pursuant to this
section) shall be determined separately and in accordance with the terms of the
provisions of each.
E. The provisions of subsection A of this section shall not
apply once an area is no longer listed in 9VAC5-20-204 as nonattainment for any
pollutant; however, regardless of the attainment status of the area, any
nonattainment area permits issued to implement this section shall remain in
effect until revoked by the permitting authority.
F. The provisions of subsection A of this section shall not
apply to any CAIR NOX unit commencing operation on or after January
1, 2006, until the later of (i) January 1, 2014, or (ii) the unit has operated
each calendar year during a period of at least five consecutive calendar years.
9VAC5-140-1062. NOX emissions compliance
demonstration. (Repealed.)
A. Compliance with the NOX annual emissions cap
set forth in 9VAC5-140-1061 A 1 may also be achieved through a NOX
emissions compliance demonstration meeting the requirements of this section.
B. The NOX emissions compliance demonstration
submitted pursuant to this section may include one or more CAIR NOX
units in a CAIR NOX source under common control and located in the
nonattainment area.
C. NOX emissions compliance demonstrations shall
be submitted to the permitting authority by April 1 of each year for the
preceding control period.
D. A complete NOX emissions compliance
demonstration shall include the following elements in a format acceptable to
the permitting authority:
1. Identification of each CAIR NOX unit in the NOX
emissions compliance demonstration.
2. The number of NOX allowances (expressed in
tons) allocated for each CAIR NOX unit for the preceding control
period.
3. The total NOX emissions (expressed in tons)
from each CAIR NOX unit during the preceding control period.
4. The calculation for the equation in subsection E of this
section.
E. Compliance with this section shall be demonstrated with
the following equation:
where:
n is the number of CAIR NOX units in the NOX
emissions compliance demonstration (n may equal 1).
Σ is the sum of all i CAIR NOX units.
i is a CAIR NOX unit identified in subsection B
of this section.
ANOE (Actual Nitrogen Oxides Emissions) are the total NOX
emissions (expressed in tons) from each CAIR NOX unit during the
preceding control period, as determined in accordance with Article 8
(9VAC5-140-1700 et seq.) of this part.
X is the number of NOX allowances (expressed in
tons) allocated for the CAIR NOX unit for the preceding control
period in accordance with 9VAC5-140-1420.
F. The emissions measurements recorded and reported in
accordance with Article 8 (9VAC5-140-1700 et seq.) of this part shall be used
to determine compliance by each CAIR NOX source with the NOX
annual emissions cap set forth in 9VAC5-140-1061 A.
9VAC5-140-2061. Nonattainment area requirements. (Repealed.)
A. The following requirements apply to any CAIR NOX
Ozone Season unit located in a nonattainment area designated in 9VAC5-20-204:
1. No owner, operator or other person shall cause or permit to
be discharged into the atmosphere from any CAIR NOX Ozone Season
unit any NOX emissions in excess of the NOX Ozone Season
emissions cap. For each control period, the NOX Ozone Season
emissions cap shall be equal to the number of NOX allowances
(expressed in tons) allocated for the CAIR NOX Ozone Season unit for
the control period in accordance with 9VAC5-140-2420.
2. A CAIR NOX Ozone Season unit shall be subject
to the requirements under subdivision 1 of this subsection for the control
period starting on the later of May 1, 2009, or the deadline for meeting the
unit's monitor certification requirements under 9VAC5-140-2700 C 1, 2, 3 or 7
and for each control period thereafter.
3. Compliance with the NOX Ozone Season emissions
cap in subdivision 1 of this subsection shall be based on a comparison of (i)
the total NOX emissions (expressed in tons) from each CAIR NOX
Ozone Season unit during the control period, as determined in accordance with
Article 8 (9VAC5-140-2700 et seq.) of this part and (ii) NOx Ozone
Season emissions cap.
4. The owner or operator of a CAIR NOX Ozone
Season unit subject to this section shall be in violation of this subsection if
the owner or operator fails to submit by January 1 of each year for the
preceding control period (i) documentation to verify compliance with the NOX
Ozone Season emissions cap set forth in subdivision 1 of this subsection or
(ii) a NOX emissions compliance demonstration in accordance with
9VAC5-140-2062.
B. Nothing in this part shall prevent the permitting authority
from issuing a nonattainment area permit under the authority and procedures of
the state operating permit program in order to:
1. Cap the emissions of a CAIR NOX Ozone Season
unit or CAIR NOX Ozone Season source contributing to a violation of
any air quality standard or a nonattainment condition;
2. Remedy a situation that may cause or contribute to
nonattainment condition or the endangerment of human health or welfare; or
3. Establish a source-specific emission standard or other
requirements necessary to implement the federal Clean Air Act or the Virginia
Air Pollution Control Law.
C. Nothing in this part shall prevent the permitting
authority from including in any nonattainment area permit issued to implement
subdivision B 1 of this section any terms and conditions that would prohibit
any CAIR NOX Ozone Season unit or CAIR NOX Ozone Season
source subject to this part from engaging in any emissions trading activities
or using any emissions credits obtained from emissions reductions external to
the CAIR NOX Ozone Season unit or CAIR NOX Ozone Season
source to comply with the requirements of subsection A of this section or any
nonattainment area permit issued pursuant to subdivision B 1 of this section
except that such terms and conditions may not prohibit any CAIR NOX
Ozone Season unit or CAIR NOX Ozone Season source subject to this
part from engaging in any emissions trading activities unrelated to compliance
with the requirements of subsection A of this section or any nonattainment area
permit issued pursuant to subdivision B 1 of this section.
D. Nothing in this section shall be construed to prohibit
any CAIR NOX Ozone Season unit or CAIR NOX Ozone Season
source from participating in the CAIR NOX Ozone Season Trading
Program. Notwithstanding any other provision of this section or any regulation
of the board, the permitting authority may not include in any permit any terms
and conditions that restrict any emissions trading activities under the CAIR NOX
Ozone Season Trading Program. Compliance with the CAIR NOX Ozone
Season Trading Program and this section (including any nonattainment area
permits issued pursuant to this section) shall be determined separately and in
accordance with the terms of the provisions of each.
E. The provisions of subsection A of this section shall not
apply once an area is no longer listed in 9VAC5-20-204 as nonattainment for any
pollutant; however, regardless of the attainment status of the area, any
nonattainment area permits issued to implement this section shall remain in effect
until revoked by the permitting authority.
F. The provisions of subsection A of this section shall not
apply to any CAIR NOX Ozone Season unit commencing operation on or
after January 1, 2006, until the later of (i) January 1, 2014, or (ii) the unit
has operated each calendar year during a period of at least five consecutive
calendar years.
9VAC5-140-2062. NOX emissions compliance demonstration. (Repealed.)
A. Compliance with the NOX Ozone Season
emissions cap set forth in 9VAC5-140-2061 A 1 may also be achieved through a NOX
emissions compliance demonstration meeting the requirements of this section.
B. The NOX emissions compliance demonstration
submitted pursuant to this section may include one or more CAIR NOX
Ozone Season units in a CAIR NOX Ozone Season source under common
control and located in the nonattainment area.
C. NOX emissions compliance demonstrations shall
be submitted to the permitting authority by January 1 of each year for the
preceding control period.
D. A complete NOX emissions compliance
demonstration shall include the following elements in a format acceptable to
the permitting authority:
1. Identification of each CAIR NOX Ozone Season
unit in the NOX emissions compliance demonstration.
2. The number of NOX allowances (expressed in
tons) allocated for each CAIR NOX Ozone Season unit for the
preceding control period.
3. The total NOX emissions (expressed in tons)
from each CAIR NOX Ozone Season unit during the preceding control
period.
4. The calculation for the equation in subsection E of this
section.
E. Compliance with this section shall be demonstrated with
the following equation:
where:
n is the number of CAIR NOX Ozone Season units in
the NOX emissions compliance demonstration (n may equal 1).
Σ is the sum of all i CAIR NOX Ozone Season
units.
i is a CAIR NOX Ozone Season unit identified in
subsection B of this section.
ANOE (Actual Nitrogen Oxides Emissions) are the total NOX
emissions (expressed in tons) from each CAIR NOX Ozone Season unit
during the preceding control period, as determined in accordance with Article 8
(9VAC5-140-2700 et seq.) of this part.
X is the number of NOX allowances (expressed in
tons) allocated for the CAIR NOX Ozone Season unit for the preceding
control period in accordance with 9VAC5-140-2420.
F. The emissions measurements recorded and reported in
accordance with Article 8 (9VAC5-140-2700 et seq.) of this part shall be used
to determine compliance by each CAIR NOX Ozone Season source with
the NOX Ozone Season emissions cap set forth in 9VAC5-140-2061 A.
9VAC5-140-3061. Nonattainment area requirements. (Repealed.)
A. The following requirements apply to any CAIR SO2
unit located in a nonattainment area designated in 9VAC5-20-204:
1. No owner, operator or other person shall cause or permit to
be discharged into the atmosphere from any CAIR SO2 unit any SO2
emissions in excess of the SO2 annual emissions cap. For each
control period, the SO2 annual emissions cap shall be equal to the
number of SO2 allowances (expressed in tons) allocated for the CAIR
SO2 unit for the control period in accordance with 9VAC5-140-3420.
2. A CAIR SO2 unit shall be subject to the
requirements under subdivision 1 of this subsection for the control period
starting on the later of January 1, 2010, or the deadline for meeting the
unit's monitor certification requirements under 9VAC5-140-3700 C 1, 2, or 5 and
for each control period thereafter.
3. Compliance with the SO2 annual emissions cap
in subdivision 1 of this subsection shall be based on a comparison of (i) the
total SO2 emissions (expressed in tons) from each CAIR SO2
unit during the control period, as determined in accordance with Article 8
(9VAC5-140-3700 et seq.) of this part, and (ii) the SO2 annual
emissions cap.
4. The owner or operator of a CAIR SO2 unit subject
to this section shall be in violation of this subsection if the owner or
operator fails to submit by April 1 of each year for the preceding control
period (i) documentation to verify compliance with the SO2 annual
emissions cap set forth in subdivision 1 of this subsection or (ii) an SO2
emissions compliance demonstration in accordance with 9VAC5-140-3062.
B. Nothing in this part shall prevent the permitting
authority from issuing a nonattainment area permit under the authority and
procedures of the state operating permit program in order to:
1. Cap the emissions of a CAIR SO2 unit or CAIR
SO2 source contributing to a violation of any air quality standard
or a nonattainment condition;
2. Remedy a situation that may cause or contribute to
nonattainment condition or the endangerment of human health or welfare; or
3. Establish a source-specific emission standard or other
requirements necessary to implement the federal Clean Air Act or the Virginia
Air Pollution Control Law.
C. Nothing in this part shall prevent the permitting
authority from including in any nonattainment area permit issued to implement
subdivision B 1 of this section any terms and conditions that would prohibit
any CAIR SO2 unit or CAIR SO2 source subject to this part
from engaging in any emissions trading activities or using any emissions
credits obtained from emissions reductions external to the CAIR SO2
unit or CAIR SO2 source to comply with the requirements of
subsection A of this section or any nonattainment area permit issued pursuant to
subdivision B 1 of this section except that such terms and conditions may not
prohibit any CAIR SO2 unit or CAIR SO2 source subject to
this part from engaging in any emissions trading activities unrelated to
compliance with the requirements of subsection A of this section or any
nonattainment area permit issued pursuant to subdivision B 1 of this section.
D. Nothing in this section shall be construed to prohibit
any CAIR SO2 unit or CAIR SO2 source from participating
in the CAIR SO2 Annual Trading Program. Notwithstanding any other
provision of this section or any regulation of the board, the permitting
authority may not include in any permit any terms and conditions that restrict
any emissions trading activities under the CAIR SO2 Annual Trading
Program. Compliance with the CAIR SO2 Annual Trading Program and
this section (including any nonattainment area permits issued pursuant to this
section) shall be determined separately and in accordance with the terms of the
provisions of each.
E. The provisions of subsection A of this section shall not
apply once an area is no longer listed in 9VAC5-20-204 as nonattainment for any
pollutant; however, regardless of the attainment status of the area, any
nonattainment area permits issued to implement this section shall remain in
effect until revoked by the permitting authority.
F. The provisions of subsection A of this section shall not
apply to any CAIR SO2 unit for which no SO2 allowances
are allocated in accordance with 9VAC5-140-3420.
9VAC5-140-3062. SO2 emissions compliance
demonstration. (Repealed.)
A. Compliance with the SO2 annual emissions cap
set forth in 9VAC5-140-3061 A 1 may also be achieved through an SO2 emissions
compliance demonstration meeting the requirements of this section.
B. The SO2 emissions compliance demonstration
submitted pursuant to this section may include one or more CAIR SO2
units in a CAIR SO2 source under common control and located in the
nonattainment area.
C. SO2 emissions compliance demonstrations shall
be submitted to the permitting authority by April 1 of each year for the
preceding control period.
D. A complete SO2 emissions compliance
demonstration shall include the following elements in a format acceptable to
the permitting authority:
1. Identification of each CAIR SO2 unit in the SO2
emissions compliance demonstration.
2. The number of SO2 allowances (expressed in
tons) allocated for each CAIR SO2 unit for the preceding control period.
3. The total SO2 emissions (expressed in tons)
from each CAIR SO2 unit during the preceding control period.
4. The calculation for the equation in subsection E of this
section.
E. Compliance with this section shall be demonstrated with
the following equation:
where:
n is the number of CAIR SO2 units in the SO2
emissions compliance demonstration (n may equal 1).
Σ is the sum of all i CAIR SO2 units.
i is a CAIR SO2 unit identified in subsection B
of this section.
ASDE (Actual Sulfur Dioxide Emissions) are the total SO2
emissions (expressed in tons) from each CAIR SO2 unit during the
preceding control period, as determined in accordance with Article 8
(9VAC5-140-3700 et seq.) of this part.
X is the number of SO2 allowances (expressed in
tons) allocated for the CAIR SO2 unit for the preceding control
period in accordance with 9VAC5-140-3420.
F. The emissions measurements recorded and reported in
accordance with Article 8 (9VAC5-140-3700 et seq.) of this part shall be used
to determine compliance by each CAIR SO2 source with the SO2
annual emissions cap set forth in 9VAC5-140-3061 A.