Proposed Text
CHAPTER 500
EXCLUSIONARY GENERAL PERMIT FOR FEDERAL OPERATING PERMIT PROGRAM (REPEALED)
Part I
Definitions
9VAC5-500-10. General. (Repealed.)
A. For the purpose of this chapter or any orders issued by
the board, the words or terms shall have the meanings given them in
9VAC5-500-20.
B. Unless specifically defined in the Virginia Air Pollution
Control Law (§ 10.1-1300 of the Code of Virginia) or in this chapter, terms
used shall have the meaning given them by 9VAC5-80-60 (definitions, federal
operating permit), 9VAC5-10-20 (general definitions, Regulations for the
Control and Abatement of Air Pollution), or commonly ascribed to them by
recognized authorities, in that order of priority.
9VAC5-500-20. Terms defined. (Repealed.)
"Actual emissions" means the actual emissions of
a pollutant from a stationary source or emissions unit reflecting the rate, in
tons per year, at which the source or unit actually emitted the pollutant
during the most recent annual period. Actual emissions shall be calculated
using the source or unit's actual operating hours; production rates; and types
of materials processed, stored, or combusted during the annual period. Valid
continuous emission monitoring data or source test data shall be preferentially
used to determine actual emissions. In the absence of valid continuous
emissions monitoring data or source test data, the basis for determining actual
emissions shall be any or all of the following as may be determined by the
department: throughputs of process materials; throughputs of materials stored;
usage of materials; data provided in manufacturer's product specifications,
material volatile organic compound content reports or laboratory analyses;
other information required by this chapter and other regulations of the board;
or information requested in writing by the department. All calculations of
actual emissions shall use U.S. Environmental Protection Agency or department
approved methods, including emission factors and assumptions.
"Annual period" means a period of 12 consecutive
months determined on a rolling basis with a new 12-month period beginning on
the first day of each calendar month.
"Federal operating permit" means a permit issued
pursuant to Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.)
of Part II of 9VAC5 Chapter 80.
"General permit" means the terms and conditions
in Part IV (9VAC5-500-150 et seq.) of this chapter that meet the requirements
of Part III (9VAC5-500-90 et seq.) of this chapter.
"New source review program" means a program for
the preconstruction review and permitting of new stationary sources or
emissions units or expansions to existing ones in accordance with regulations
promulgated to implement the requirements of §§ 110(a)(2)(C) (42 USC §
7410(a)(2)(C)), 165 (42 USC § 7475) and 173 (42 USC § 7503) of the federal
Clean Air Act.
"Nonattainment pollutant" means volatile organic
compounds or nitrogen oxides (NOX).
"Regulation of the board" means any regulation
adopted by the State Air Pollution Control Board under any provision of the
Code of Virginia.
"Regulations for the Control and Abatement of Air
Pollution" means 9VAC5-10-10 et seq. through 9VAC5-80-10 et seq.
"State operating permit" means a permit issued
pursuant to 9VAC5-80-40.
Part II
General Provisions
9VAC5-500-30. Purpose. (Repealed.)
A. The purpose of the exclusionary general permit is to
provide a legally enforceable mechanism for major sources subject to the
federal operating permit program (Article 1 (9VAC5-80-50 et seq.) or Article 3
(9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80) to be excluded from the
program provided they maintain their actual annual emissions at a specified
level that is less than the potential to emit applicability thresholds for the
federal operating permit program. This is one of two alternative permit
mechanisms the State Air Pollution Control Board has to accomplish this
purpose; the other is a state operating permit program (9VAC5-80-40).
B. This chapter does not require any owner to apply for coverage
under the general permit but provides the opportunity for an owner to apply for
coverage if the stationary source meets the criteria in 9VAC5-500-90 A and all
other requirements of this chapter.
9VAC5-500-40. Applicability. (Repealed.)
A. Except as provided in subsection E of this section, this
chapter applies to any major source.
B. This chapter applies throughout the Commonwealth of
Virginia.
C. This chapter applies only to regulated air pollutants.
D. This chapter shall not apply to the following stationary
sources:
1. Any stationary source that has applied for a federal
operating permit in a timely manner and in conformance with Article 1 (9VAC5-80-50
et seq.) or Article 3 (9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80 and
is awaiting final action by the board.
2. Any stationary source required to obtain a federal
operating permit under Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360
et seq.) of Part II of 9VAC5 Chapter 80 for any reason other than being a major
source. This includes, but is not limited to, the following: any source,
including an area source, subject to any standard or other requirement adopted
pursuant to § 111 or § 112 of the federal Clean Air Act (42 USC § 7411 or 42
USC § 7412).
3. Any stationary source which has a valid federal
operating permit.
4. Any stationary source which has a valid state operating
permit with federally enforceable conditions or other federally enforceable
limits limiting its potential to emit below the applicable thresholds for a
major source.
E. Notwithstanding subdivisions D 1 and D 3 of this
section, nothing in this section shall prevent any stationary source which has
had a federal operating permit from obtaining an authorization to operate under
the general permit in lieu of maintaining an application for a federal
operating permit or upon rescission of a federal operating permit if the owner
demonstrates that the stationary source meets the criteria in 9VAC5-500-90 A
for two annual periods (24 consecutive months).
F. Notwithstanding subdivision D 4 of this section, nothing
in this section shall prevent any stationary source which has had a state
operating permit from obtaining an authorization to operate under the general
permit in lieu of maintaining an application for a state operating permit or
upon rescission of a state operating permit if the owner demonstrates that the
stationary source meets the criteria in 9VAC5-500-90 A for two annual periods
(24 consecutive months).
9VAC5-500-50. General. (Repealed.)
A. Any owner or other person shall operate the stationary
source in conformance with all applicable regulations of the board.
B. Sources desiring authority to operate under the general
permit shall register with the department as required under 9VAC5-20-160 and
certify that they will operate in compliance with the provisions of this
chapter. All emissions units or groups of emissions units, other than those
units identified in 9VAC5-80-720, shall be registered.
C. Sources authorized to operate under the general permit
shall be exempt from the requirements of 9VAC5-80-40 and Articles 1
(9VAC5-80-50 et seq.), 2 (9VAC5-80-310 et seq.) and 3 (9VAC5-80-360 et seq.) of
Part II of 9VAC5 Chapter 80.
D. No provision of this chapter shall limit the power of
the board to issue an operating permit pursuant to 9VAC5-80-40.
E. This chapter shall not relieve any stationary source
from complying with requirements of (i) any otherwise applicable permit issued
pursuant to the new source review program, (ii) any condition or term of any
new source review program permit, or (iii) any provision of a new source review
permit program. This chapter shall not preclude issuance of any new source
review permit with conditions or terms necessary to ensure compliance with this
chapter.
F. This chapter shall not relieve any stationary source
from complying with any applicable requirement.
G. In cases where the provisions of Article 1 (9VAC5-80-50
et seq.) or Article 3 (9VAC5-80-360 et seq.) of 9VAC5 Chapter 80 conflict with
those of this section, the provisions of Article 1 (9VAC5-80-50 et seq.) or
Article 3 (9VAC5-80-360 et seq.) of 9VAC5 Chapter 80 shall prevail.
H. By the adoption of this chapter, the board confers upon
the department the administrative, enforcement and decision making authority
enumerated therein.
I. Except as provided in subsection J of this section, any
decisions of the board or department made pursuant to this chapter may be
appealed pursuant to 9VAC5-20-90 or 9VAC5-20-130 B 2.
J. The act of granting or denying an application for
authority to operate under the general permit shall not be subject to judicial
review.
9VAC5-500-60. Existence of permit no defense. (Repealed.)
The existence of a permit under this chapter shall not
constitute a defense of a violation of the Virginia Air Pollution Control Law
or the regulations of the board and shall not relieve any owner of the responsibility
to comply with any applicable requirements, regulations, laws, ordinances and
orders of the governmental entities having jurisdiction.
9VAC5-500-70. Circumvention. (Repealed.)
A. No owner or other person shall cause or permit the
installation or use of any device or any means which, without resulting in
reduction in the total amount of air pollutants emitted, conceals or dilutes an
emission of air pollutants which would otherwise violate this chapter. Such
concealment includes, but is not limited to, either of the following:
1. The use of gaseous diluents to achieve compliance with a
visible emissions standard or with a standard which is based on the concentration
of a pollutant in gases discharged to the atmosphere.
2. The piecemeal carrying out of an operation to avoid
coverage by a standard that applies only to operations larger than a specified
size.
B. This section does not prohibit the construction of a
stack.
C. Regardless of the exemptions provided in this chapter,
permits shall be required of owners who circumvent the requirements of this
chapter by causing or allowing a pattern of ownership or development over a
geographic area of a source which, except for the pattern of ownership or
development, would otherwise require a permit.
9VAC5-500-80. Enforcement of a general permit. (Repealed.)
A. The following general requirements apply:
1. Pursuant to § 10.1-1322 of the Code of Virginia, failure
to comply with any term or condition of the general permit shall be considered
a violation of the Virginia Air Pollution Control Law.
2. Authorization to operate under the general permit may be
revoked or terminated if the owner does any of the following:
a. Knowingly makes material misstatements in the
application for coverage or any amendments thereto.
b. Violates, fails, neglects or refuses to comply with (i)
the terms or conditions of the permit, (ii) any applicable requirements, or
(iii) the applicable provisions of this chapter.
3. The department may suspend, under such conditions and
for such period of time as the department may prescribe, any authorization to
operate under the general permit for any of the grounds for revocation or
termination contained in subdivision 2 of this subsection or for any other
violations of the regulations of the board.
B. The following requirements apply with respect to
penalties:
1. An owner who violates, fails, neglects or refuses to
obey any provision of this chapter or the Virginia Air Pollution Control Law,
any applicable requirement, or any permit term or condition shall be subject to
the provisions of § 10.1-1316 of the Virginia Air Pollution Control Law.
2. Any owner who knowingly violates, fails, neglects or
refuses to obey any provision of this chapter or the Virginia Air Pollution
Control Law, any applicable requirement, or any permit term or condition shall
be subject to the provisions of § 10.1-1320 of the Virginia Air Pollution
Control Law.
3. Any owner who knowingly makes any false statement,
representation or certification in any form, in any notice or report required
by a permit, or who knowingly renders inaccurate any required monitoring device
or method shall be subject to the provisions of § 10.1-1320 of the Virginia Air
Pollution Control Law.
C. The following requirements apply with respect to appeals:
1. The department shall notify the applicant in writing of
its decision, with its reasons, to suspend, revoke or terminate the
authorization to operate under the general permit in accordance with the
Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia).
2. Appeal from any decision of the department under
subdivision 1 of this subsection may be taken pursuant to 9VAC5-20-90, §
10.1-1318 of the Virginia Air Pollution Control Law, and the Administrative
Process Act.
D. The following requirements apply with respect to
inspections and right of entry:
1. The director, as authorized under § 10.1-1307.3 of the
Virginia Air Pollution Control Law and 9VAC5-20-150, has the authority to
require that air pollution records and reports be made available upon request
and to require owners to develop, maintain, and make available such other
records and information as are deemed necessary for the proper enforcement of
the general permit.
2. The director, as authorized under § 10.1-1307.3 of the
Virginia Air Pollution Control Law, has the authority, upon presenting
appropriate credentials to the owner, to do the following:
a. Enter without delay and at reasonable times any business
establishment, construction site, or other area, workplace, or environment in
the Commonwealth; and
b. Inspect and investigate during regular working hours and
at other reasonable times, and within reasonable limits and in a reasonable
manner, without prior notice, unless such notice is authorized by the
department or its representative, any such business establishment or place of
employment and all pertinent conditions, structures, machines, apparatus,
devices, equipment, and materials therein, and question privately any such
employer, officer, owner, operator, agent, or employee. If such entry or
inspection is refused, prohibited, or otherwise interfered with, the department
shall have the power to seek from a court having equity jurisdiction an order
compelling such entry or inspection.
E. The board may enforce the general permit through the use
of other enforcement mechanisms such as consent orders and special orders. The
procedures for using these mechanisms are contained in 9VAC5-20-20 and
9VAC5-20-30 and in §§ 10.1-1307 D, 10.1-1309, and 10.1-1309.1 of the Virginia
Air Pollution Control Law.
Part III
General Permit Administrative Procedures
9VAC5-500-90. Requirements for department issuance of
authority to operate under the general permit. (Repealed.)
A. The department may issue an authorization to operate
under the general permit for a stationary source that does not exceed any of
the following levels of actual emissions in the two annual periods (24
consecutive months) preceding submittal of an application under 9VAC5-500-100:
1. 50 tons per year of any regulated air pollutant
(excluding nonattainment pollutants in serious nonattainment areas and
hazardous air pollutants).
2. 25 tons per year of volatile organic compounds or
nitrogen oxides in a serious ozone nonattainment area.
3. 5 tons per year of a single hazardous air pollutant.
4. 12.5 tons per year of any combination of hazardous air
pollutants.
B. Stationary sources or emissions units subject to the
general permit shall comply with all requirements applicable to other permits
issued under 9VAC5-80-10 et seq.
C. The general permit shall be issued in accordance with §
9-6.14:4.1 C 11 of the Administrative Process Act.
9VAC5-500-100. Applications for coverage under the general
permit. (Repealed.)
A. Stationary sources that qualify for the general permit
may apply to the department for coverage under the terms and conditions of the
general permit. Stationary sources that do not qualify for the general permit
shall apply for a permit issued under the provisions of 9VAC5-80-40 or Article
1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of Part II of 9VAC5
Chapter 80.
B. A single application is required identifying each emissions
unit or groups of emissions units to be covered by the general permit. The
application shall be submitted according to the requirements of this section,
9VAC5-500-110 and procedures approved by the department. Where several
emissions units are included in one stationary source, a single application
covering all units in the source shall be submitted. A separate application is
required for each stationary source subject to this chapter.
C. The application shall meet the requirements of this
chapter and include all information necessary to determine qualification for
and to assure compliance with the general permit.
D. Any application form, report, compliance certification,
or other document required to be submitted to the department under this chapter
shall be signed by a responsible official and shall include the following
certification signed by the responsible official:
"I certify under penalty of law that this document and
all attachments were prepared under my direction or supervision in accordance
with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted. Based on my inquiry of the person or
persons who manage the system, or those persons directly responsible for
gathering and evaluating the information, the information submitted is, to the
best of my knowledge and belief, true, accurate, and complete. I am aware that
there are significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
E. Subsection D of this section shall be interpreted to
mean that the signer must have some form of direction or supervision over the
persons gathering the data and preparing the document (the preparers), although
the signer need not personally nor directly supervise these activities. The
signer need not be in the same line of authority as the preparers, nor do the
persons gathering the data and preparing the form need to be employees (e.g.,
outside contractors can be used). It is sufficient that the signer has
authority to assure that the necessary actions are taken to prepare a complete
and accurate document.
F. Any applicant who fails to submit any relevant facts or
who has submitted incorrect information in an application shall, upon becoming
aware of such failure or incorrect submittal, promptly submit such
supplementary facts or corrected information.
9VAC5-500-110. Required application information. (Repealed.)
A. The department shall furnish application forms to
applicants. The information required by this section shall be determined and
presented according to procedures and methods acceptable to the department.
B. Each application for coverage under the general permit
shall include, but not be limited to, the information listed in subsections C
through G of this section.
C. Identifying information as follows shall be included:
1. Company name and address (or plant name and address if
different from the company name), owner's name and agent, and telephone number
and names of plant site manager or contact or both.
2. A description of the source's processes and products (by
Standard Industrial Classification Code).
3. Identification of each emissions unit or group of
emission units at the stationary source for which the application is submitted.
D. Emissions related information as follows shall be
included:
1. All emissions of regulated air pollutants for which the
stationary source qualifies as a major source.
a. An application shall describe all emissions units or
groups of emissions units. This requirement shall not apply to emissions units
listed in 9VAC5-80-720.
b. Emissions shall be determined as provided in the
application form or other instructions from the department.
c. Fugitive emissions shall be included in the application
to the extent that the emissions are necessary to determine if the stationary
source qualifies as a major source.
2. Calculations on which the information in subdivision 1
of this subsection is based. Any calculations shall include sufficient detail
to permit assessment of the validity of the calculations and to enable the
department to verify the actual emissions and potential to emit for the
stationary source. This may include, but not be limited to, the following:
a. Actual and potential emissions in tons per annual period
for each emissions unit or group of emission units.
b. Information needed to determine emissions as follows:
fuels, fuel use, raw materials, production rates, loading rates, and operating
schedules.
c. Identification and description of air pollution control
equipment and compliance monitoring devices or activities.
E. Additional information that the department deems
necessary to implement and enforce other requirements of the regulations of the
board or to determine the applicability of such requirements.
F. Any additional information or documentation that the
department deems necessary to review and analyze the air pollution aspects of
the source.
G. Compliance certification information as follows shall be
included: a certification of compliance with all applicable requirements by a
responsible official.
9VAC5-500-120. General permit content. (Repealed.)
A. The general permit issued under this chapter shall
include the elements listed in subsections B through H of this section.
B. The general permit shall contain terms and conditions
setting forth the applicable emissions levels and requirements sufficient to
assure compliance with the criteria in 9VAC5-500-90 A and the regulations of
the board.
C. The general permit shall contain terms and conditions
setting forth the following requirements with respect to emission testing
sufficient to assure compliance with the emissions levels and requirements of
the permit:
1. Requirements providing that owners of stationary sources
subject to the general permit may conduct emission tests, establish and
maintain records, and make periodic emission reports as necessary to determine
the actual emissions for the stationary source.
2. For cases where the owner elects to use the emission
testing to determine the actual emissions for the stationary source, the permit
shall prescribe the procedures for the conduct of the emission tests.
D. The general permit shall contain terms and conditions
setting forth the following requirements with respect to emission monitoring
sufficient to assure compliance with the emissions levels and requirements of
the permit:
1. Requirements providing that owners of stationary sources
subject to the general permit may 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
emission reports as necessary to determine the actual emissions for the
stationary source.
2. For cases where the owner elects to use the emission
monitoring to determine the actual emissions for the stationary source, the
permit shall prescribe the procedures for the installation, calibration,
operation and maintenance of equipment for continuously monitoring and
recording emissions or process parameters or both.
E. The general permit shall contain terms and conditions
setting forth the following requirements concerning recordkeeping and reporting
sufficient to assure compliance with the emissions levels and requirements of
the permit:
1. Requirements providing that owners of stationary sources
subject to the general permit shall 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 general permit may
prescribe.
2. The permit shall prescribe the procedures for providing
notifications and reports, revising reports, maintaining records or reporting
emission test or monitoring result.
3. The recordkeeping and reporting provisions in this
subsection shall not apply to stationary sources with actual emissions less
than or equal to all of the following for every annual period:
a. 20 tons per year of a regulated air pollutant (excluding
nonattainment pollutants in a serious nonattainment area and hazardous air
pollutants).
b. 10 tons per year of volatile organic compounds or
nitrogen oxides in a serious ozone nonattainment area.
c. 2 tons per year of a single hazardous air pollutant.
d. 5 tons per year of any combination of hazardous air
pollutants.
4. Within 30 days of a written request by the department,
the owner of a stationary source not maintaining records pursuant to
subdivision 3 of this subsection shall demonstrate that the stationary source's
emissions are not in excess of the applicable quantities set forth in
subdivision 3 of this subsection.
F. The general permit shall contain terms and conditions
with respect to enforcement sufficient to assure compliance with the emissions
levels and requirements of the permit.
G. The general permit shall contain terms and conditions
setting forth the following requirements with respect to compliance sufficient
to assure compliance with the terms and conditions of the permit:
1. Requirements providing for compliance certification,
testing, monitoring, reporting, and recordkeeping requirements sufficient to
assure compliance with the terms and conditions of the permit.
2. Requirements providing for inspection and entry
sufficient to assure compliance with the terms and conditions of the permit. At
a minimum the permit shall require that, upon presentation of credentials and
other documents as may be required by law, the owner shall allow the department
to perform the following:
a. Enter upon the premises where the source is located or
emissions related activity is conducted, or where records must be kept under
the terms and conditions of the permit.
b. Have access to and copy, at reasonable times, any
records that must be kept under the terms and conditions of the permit.
c. Inspect at reasonable times any facilities, equipment (including
monitoring and air pollution control equipment), practices, or operations
regulated or required under the permit.
d. Sample or monitor at reasonable times substances or
parameters for the purpose of assuring compliance with the permit or applicable
requirements.
H. The permit shall contain terms and conditions pertaining
to other requirements as may be necessary to ensure compliance with the
regulations of the board, the Virginia Air Pollution Control Law and the
federal Clean Air Act.
9VAC5-500-130. Issuance of an authorization to operate under
the general permit. (Repealed.)
A. The department shall grant authorization to operate
under the conditions and terms of the general permit to stationary sources that
meet the criteria set forth in 9VAC5-500-90 A.
B. The issuance of an authorization to operate under the
general permit to a stationary source covered by the general permit shall not
require compliance with the public participation procedures under § 9-6.14:4.1
C 11 of the Administrative Process Act.
C. A response to each application for coverage under the
general permit shall be provided. The general permit may specify a reasonable
time period after which a stationary source that has submitted an application
shall be deemed to be authorized to operate under the general permit.
D. Stationary sources covered under a general permit shall
be issued a letter, a certificate, or any other document which would attest
that the stationary source is authorized to operate under the general permit.
The document shall be accompanied by a copy of the general permit and the
application submitted by the permittee.
E. The letter, certificate or other document, along with
the copy of the general permit and application, shall be retained by the
department and at the stationary source.
9VAC5-500-140. Transfer of authorizations to operate under
the general permit. (Repealed.)
A. No person shall transfer an authorization to operate
under the general permit from one stationary source to another 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 permit issued to the previous
owner. The new owner shall notify the department of the change in ownership
within 30 days of the transfer.
C. In the case of a name change of a stationary source, the
owner shall comply with any permit issued under the previous source name. The
owner shall notify the department of the change in source name within 30 days
of the name change.
Part IV
General Permit Terms and Conditions
9VAC5-500-150. Emissions levels and requirements. (Repealed.)
A. Sources operating under this permit shall meet the
emissions levels in 9VAC5-500-160 in order to continue to operate under the
authority of this permit.
B. Sources operating under this permit shall operate in
compliance with the standards set in 9VAC5-40-10 et seq., 9VAC5-50-10 et seq.
and 9VAC5-60-10 et seq. and other applicable provisions of the regulations of
the board.
C. The permittee shall obtain any necessary permits prior
to commencing any physical or operational change or activity which will result
in actual emissions that exceed the emissions levels specified in
9VAC5-500-160.
9VAC5-500-160. Emissions levels. (Repealed.)
In order to operate under the authority of this permit, a
stationary source shall not exceed any of the following levels of actual emissions
in any annual period:
1. 50 tons per year of any regulated air pollutant
(excluding nonattainment pollutants in serious nonattainment areas and
hazardous air pollutants).
2. 25 tons per year of volatile organic compounds or
nitrogen oxides in a serious ozone nonattainment area.
3. 5 tons per year of a single hazardous air pollutant.
4. 12.5 tons per year of any combination of hazardous air
pollutants.
9VAC5-500-170. Compliance determination and verification by
emission testing. (Repealed.)
A. The permittee may conduct emission tests, establish and
maintain records, and make periodic emission reports as necessary to determine
the actual emissions for the stationary source.
B. Upon request of the department, the permittee shall
conduct emission tests as are necessary to determine the type or amount or both
of the pollutants emitted from the source or whether the source will be in
compliance with 9VAC5-500-160 or any other provisions of any regulation of the
board.
C. The emission testing conducted under this section shall
be carried out in accordance with the provisions of 9VAC5-40-10 et seq.,
9VAC5-50-10 et seq. and 9VAC5-60-10 et seq., as applicable, or by other means
acceptable to the department.
9VAC5-500-180. Compliance determination and verification by
emission monitoring. (Repealed.)
A. The permittee may 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 emission reports as necessary to determine the actual emissions for
the stationary source.
B. Upon request of the department, the permittee shall
install, calibrate, maintain and operate equipment for continuously monitoring
and recording emissions or process parameters or both as are necessary to
determine the type or amount or both of the pollutants emitted from the source
or whether the source will be in compliance with 9VAC5-500-160 or any other
provisions of any regulation of the board.
C. The emission monitoring conducted under this section
shall be carried out in accordance with the provisions of 9VAC5-40-10 et seq.,
9VAC5-50-10 et seq. and 9VAC5-60-10 et seq., as applicable, or by other means
acceptable to the department.
D. Where the applicable requirement cited in subsection C
of this section does not require periodic testing or instrumental or
noninstrumental monitoring (which may consist of recordkeeping designed to
serve as monitoring), periodic monitoring sufficient to yield reliable data
from the relevant time period that are representative of the source's
compliance with the general permit, as reported pursuant to 9VAC5-500-190 C 1.
Such monitoring requirements shall assure use of terms, test methods, units, averaging
periods, and other statistical conventions consistent with the applicable
requirement. Recordkeeping provisions may be sufficient to meet the
requirements of this subsection.
9VAC5-500-190. Recordkeeping requirements. (Repealed.)
A. The permittee, unless exempted under 9VAC5-500-120 E 3,
shall comply with the recordkeeping requirements in this section. The
recordkeeping requirements of this permit shall not replace any recordkeeping
requirement contained in other state or federal rules or regulations.
B. The permittee shall keep and maintain records for each
emission unit or groups of emission units sufficient to determine the actual
emissions of the stationary source. Such information shall be summarized in a
monthly log, maintained on site for five years, and be made available to the
department upon request. Any records, notifications, reports, or tests
providing the basis for the summary shall be retained by the permittee for at
least five years following the date of such records, notifications, reports or
tests.
C. To meet the requirements of 9VAC5-500-180 with respect
to recordkeeping, the permittee shall comply with the following:
1. Records of monitoring information shall include the following:
a. The date, place as defined in the permit, and time of
sampling or measurements.
b. The date(s) analyses were performed.
c. The company or entity that performed the analyses.
d. The analytical techniques or methods used.
e. The results of such analyses.
f. The operating conditions existing at the time of
sampling or measurement.
2. Records of all monitoring data and support information
shall be retained for at least five years from the date of the monitoring
sample, measurement, report, or application. Support information includes all
calibration and maintenance records and all original strip-chart recordings for
continuous monitoring instrumentation, and copies of all reports required by
the permit.
D. The recordkeeping requirements under this section shall
be carried out in accordance with the provisions of 9VAC5-40-10 et seq.,
9VAC5-50-10 et seq. and 9VAC5-60-10 et seq., as applicable, or by other means
acceptable to the department.
9VAC5-500-200. Reporting requirements. (Repealed.)
A. The permittee, unless exempted under 9VAC5-500-120 E 3,
shall comply with the reporting requirements in this section. Any document
(including reports) required by a permit term or condition to be submitted to
the department shall contain a certification by a responsible official that
meets the requirements of 9VAC5-500-100 D.
B. The permittee shall submit, according to procedures
established by the department, an annual emissions update. Any additional
information requested by the department under this subsection shall be
submitted to the department within 30 days of the date of request.
C. To meet the requirements of 9VAC5-500-180 with respect
to reporting, the permittee shall submit reports of any required monitoring at
least every six months. All instances of deviations from permit requirements
must be clearly identified in such reports.
D. If a stationary source or emissions unit is shut down,
the permittee shall notify the board within six months of the date the stationary
source or emissions unit is shut down.
9VAC5-500-210. Compliance certifications. (Repealed.)
A. The department shall evaluate a stationary source's
compliance with the emissions levels in 9VAC5-500-160 as part of the
department's annual compliance process. In performing the evaluation, the
department shall consider any annual emission update submitted pursuant to
9VAC5-500-200.
B. Upon presentation of credentials and other documents as
may be required by law, the permittee shall allow the department to perform the
following:
1. Enter upon the premises where the source is located or
emissions-related activity is conducted, or where records must be kept under
the terms and conditions of the permit.
2. Have access to and copy, at reasonable times, any
records that must be kept under the terms and conditions of the permit.
3. Inspect at reasonable times any facilities, equipment
(including monitoring and air pollution control equipment), practices, or
operations regulated or required under the permit.
4. Sample or monitor at reasonable times substances or
parameters for the purpose of assuring compliance with the permit or applicable
requirements.
C. The permittee shall submit, along with the annual
emissions update, to the department an annual compliance certification
containing the following:
1. The identification of each term or condition of the
permit that is the basis of the certification.
2. The compliance status.
3. Whether compliance was continuous or intermittent, and
if not continuous, documentation of each incident of noncompliance.
4. The method or methods used for determining the
compliance status of the source at the time of certification and over the
reporting period.
5. Such other information as the department may require to
determine the compliance status of the source.
9VAC5-500-220. Consequences of failure to remain below
emissions levels. (Repealed.)
A. A stationary source subject to the general permit shall
be subject to applicable federal requirements for a major source, including 9VAC5-80-40
(state operating permit) and Article 1 (9VAC5-80-50 et seq.) or Article 3
(9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80 (federal operating
permit), when either of the following conditions occur:
1. Commencing on the first day following any annual period
in which the stationary source exceeds an emissions levels specified in
9VAC5-500-160.
2. Commencing on the first day following any annual period
in which the owner can not demonstrate that the stationary source is in
compliance with the emissions levels specified in 9VAC5-500-160.
B. Any stationary source who becomes subject to federal
applicable requirements for a major source as provided in subsection A of this
section may continue to operate under the authority of the permit until a state
operating permit or federal operating permit is issued provided the following
conditions are met:
1. At least 30 days prior to the end of any annual period
during which the actual emissions of the stationary source is expected to
exceed the emissions levels in 9VAC5-500-160, the owner has notified the
department that he will submit an application for a federal operating permit or
state operating permit, and
2. A complete federal operating permit application is received
by the department, or the permit action to obtain a state operating permit is
completed, within 12 months of the date of notification.
9VAC5-500-230. Enforcement. (Repealed.)
A. Violation of this permit is subject to the enforcement
provisions including, but not limited to, those contained in 9VAC5-20-10 et
seq. and §§ 10.1-1309, 10.1-1311 and 10.1-1316 of the Virginia Air Pollution
Control Law.
B. If any condition, requirement or portion of the permit
is held invalid or inapplicable under any circumstance, such invalidity or
inapplicability shall not affect or impair the remaining conditions,
requirements, or portions of the permit.
C. The permittee shall comply with all conditions of the
permit. Any permit noncompliance constitutes a violation of the Virginia Air
Pollution Control Law and is grounds (i) for enforcement action or (ii) for
termination, revocation and reissuance, or modification of the authorization to
operate under the general permit.
D. It shall not be a defense for a permittee in an
enforcement action that it would have been necessary to halt or reduce the
permitted activity in order to maintain compliance with the conditions of this permit.
E. The authorization to operate under the general permit
may be revoked and reissued or terminated for cause as specified in
9VAC5-500-80. The filing of a request by the permittee for authorization
revocation and reissuance, or termination, or of a notification of planned
changes or anticipated noncompliance does not stay any permit condition.
F. The owner of the stationary source shall be subject to
enforcement action under 9VAC5-500-80 for operation without a permit if the
stationary source is later determined by the department not to qualify for the
conditions and terms of the general permit.
G. The general permit does not convey any property rights
of any sort, or any exclusive privilege.
H. The permittee shall furnish to the department, within a
reasonable time, any information that the department may request in writing to
determine whether cause exists for modifying, revoking and reissuing, or
terminating the authorization to operate under the general permit or to
determine compliance with the permit. Upon request, the permittee shall also
furnish to the department copies of records required to be kept by the permit
and, for information claimed to be confidential, the permittee shall furnish
such records to the department along with a claim of confidentiality.
9VAC5-500-240. Review and evaluation of regulation. (Repealed.)
A. Prior to July 1, 2000, the department shall perform an
analysis on this chapter and provide the board with a report on the results.
The analysis shall include (i) the purpose and need for the chapter, (ii)
alternatives which would achieve the stated purpose of this chapter in a less
burdensome and less intrusive manner, (iii) an assessment of the effectiveness
of this chapter, (iv) the results of a review of current state and federal
statutory and regulatory requirements, including identification and
justification of requirements of this chapter which are more stringent than
federal requirements, and (v) the results of a review as to whether this
chapter is clearly written and easily understandable by affected entities.
B. Upon review of the department's analysis, the board
shall confirm the need to (i) continue this chapter without amendment, (ii)
repeal this chapter, or (iii) amend this chapter. If the board's decision is to
repeal or amend this chapter, the board shall authorize the department to
initiate the applicable regulatory process to carry out the decision of the
board.
FORMS (9VAC5-500) (Repealed.)
Exclusionary General Air Permit Document Certification
Form, April 24, 1997.