C. Terms defined.
"Affected source" means a source that includes one or
more affected units.
"Affected states" means all states (i) whose air quality
may be affected by the permitted source and that are contiguous to Virginia or
(ii) that are within 50 miles of the permitted source.
"Affected unit" means a unit that is subject to any acid
rain emissions reduction requirement or acid rain emissions limitation under
40 CFR Part 72,
73,
75,
76,
77 or
78.
"Allowable emissions" means the emission rates of a
stationary source calculated by using the maximum rated capacity of the
emissions units within the source (unless the source is subject to state or
federally enforceable limits which restrict the operating rate or hours of
operation or both) and the most stringent of the following:
a. Applicable emission standards.
b. The emission limitation specified as a
state or federally enforceable permit condition, including those with a future
compliance date.
c. Any other
applicable emission limitation, including those with a future compliance
date.
"Applicable federal requirement" means all of 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 the implementation plan,
including any source-specific provisions such as consent agreements or
orders.
b. Any term or condition of
any preconstruction permit issued pursuant to the new source review program or
of any operating permit issued pursuant to the state operating permit program,
except for terms or conditions derived from applicable state
requirements.
c. Any standard or
other requirement prescribed under the Regulations for the Control and
Abatement of Air Pollution, particularly the provisions of 9VAC
5-40 (Existing
Stationary Sources), 9VAC
5-50 (New and Modified Stationary Sources), or
9VAC
5-60 (
Hazardous Air Pollutant Sources), adopted pursuant to requirements of
the federal Clean Air Act or under § 111, 112 or 129 of the federal Clean Air
Act.
d. Any requirement concerning
accident prevention under § 112(r)(7) of the federal Clean Air Act.
e. Any compliance monitoring requirements
established pursuant to either § 504(b) or § 114(a)(3) of the federal Clean Air
Act or the Regulations for the Control and Abatement of Air
Pollution.
f. Any standard or other
requirement for consumer and commercial products under § 183(e) of the federal
Clean Air Act.
g. Any standard or
other requirement for tank vessels under § 183(f) of the federal Clean Air
Act.
h. Any standard or other
requirement in 40 CFR Part
55 to control air pollution from outer continental
shelf sources.
i. 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.
j. With regard
to temporary sources subject to 9VAC
5-80-130,(i) any ambient air quality
standard, except applicable state requirements, and (ii) requirements regarding
increments or visibility as provided in Article 8 (
9VAC5-80-1700 et seq.)
of this part.
"Applicable requirement" means any applicable federal
requirement or any applicable state requirement included in a permit issued
under this article as provided in
9VAC5-80-300.
"Applicable state requirement" means all of the following
as they apply to emissions units in a source subject to this article (including
requirements that have been promulgated or approved through rulemaking at the
time of permit issuance but have future effective compliance dates):
a. Any standard or other requirement
prescribed by any regulation of the board that is not included in the
definition of applicable federal requirement.
b. Any regulatory provision or definition
directly associated with or related to any of the specific state requirements
listed in this definition.
"Area source" means any stationary source that is not a
major source. For purposes of this article, the phrase "area source" shall not
include motor vehicles or nonroad vehicles.
"Complete application" means an application that contains
all the information required pursuant to
9VAC5-80-80 and
9VAC5-80-90
sufficient to determine all applicable requirements and to evaluate the source
and its application. Designating an application complete does not preclude the
department from requesting or accepting additional information.
"Designated representative" means a responsible natural
person authorized by the owners and operators of an affected source and of all
affected units at the source, as evidenced by a certificate of representation
submitted in accordance with subpart B of 40 CFR Part 72, to represent and
legally bind each owner and operator, as a matter of federal law, in matters
pertaining to the acid rain program. Whenever the term "responsible official"
is used in this regulation, it shall be deemed to refer to the designated
representative with regard to all matters under the acid rain program. Whenever
the term "designated representative" is used in this regulation, the term shall
be construed to include the alternate designated representative.
"Draft permit" means the version of a permit for which
the department offers public participation under
9VAC5-80-270
or affected state review under
9VAC5-80-290.
"Emissions allowable under the permit" means a federally
and state enforceable or state-only enforceable permit term or condition
determined at issuance to be required by an applicable requirement that
establishes an emissions limit (including a work practice standard) or a
federally and state enforceable emissions cap that the source has assumed to
avoid an applicable requirement to which the source would otherwise be
subject.
"Emissions unit" means any part or activity of a
stationary source that emits or has the potential to emit any regulated air
pollutant. This term is not meant to alter or affect the definition of the term
"unit" in 40 CFR Part 72.
"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:
1. 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.
2. 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.
3. All terms and conditions in a federal
operating permit, including any provisions that limit a source's potential to
emit, unless expressly designated as not federally enforceable.
4. Limitations and conditions that are part
of an approved implementation plan.
5. Limitations and conditions that are part
of a federal construction
permit issued under
40 CFR
52.21 or a
new source review program permit
issued under regulations approved by the EPA into the
implementation
plan.
6. Limitations and conditions
that are part of a state operating permit issued under regulations approved by
the EPA into the implementation plan as meeting the EPA's minimum criteria for
federal enforceability, including adequate notice and opportunity for EPA and
public comment prior to issuance of the final permit and practicable
enforceability.
7. Limitations and
conditions in a Virginia regulation 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.
8. Individual consent agreements that the EPA
has legal authority to create.
"Final permit" means the version of a permit issued by
the department under this article that has completed all review procedures
required by
9VAC5-80-270
and
9VAC5-80-290.
"Fugitive emissions" are those emissions which cannot
reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
"General permit" means a permit issued under this article
that meets the requirements of
9VAC5-80-120.
"Hazardous air pollutant" means any air pollutant listed
in § 112(b) of the federal Clean Air Act, as amended by
40
CFR 63.60.
"Implementation plan" means the portion or portions of
the state implementation plan, or the most recent revision thereof, which has
been approved in Subpart VV of 40 CFR Part 52 by the administrator under § 110
of the federal Clean Air Act, or promulgated under § 110(c) of the federal
Clean Air Act, or promulgated or approved pursuant to regulations promulgated
under § 301(d) of the federal Clean Air Act and which implements the relevant
requirements of the federal Clean Air Act.
"Insignificant activity" means any emission unit listed
in
9VAC5-80-720
A, any emissions unit that meets the emissions criteria described in
9VAC5-80-720
B, or any emissions unit that meets the size or production rate criteria in
9VAC5-80-720
C.
"Major source" means:
a. For hazardous air pollutants other than
radionuclides, any stationary source that emits or has the potential to emit,
in the aggregate, 10 tons per year or more of any hazardous air pollutant or 25
tons per year or more of any combination of hazardous air pollutants.
Notwithstanding the preceding sentence, emissions from any oil or gas
exploration or production well (with its associated equipment) and emissions
from any pipeline compressor or pump station shall not be aggregated with
emissions from other similar units, whether or not such units are in a
contiguous area or under common control, to determine whether such units or
stations are major sources.
b. For
air pollutants other than hazardous air pollutants, any
stationary source that
directly emits or has the
potential to emit 100 tons per year or more of any
air pollutant (including any major source of
fugitive emissions of any such
pollutant). The
fugitive emissions of a stationary source shall not be
considered in determining whether it is a major stationary source, unless the
source belongs to one of the following categories of stationary source:
(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
plant.
(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
regulated under § 111 or § 112 of the federal Clean Air Act for which the
administrator has made an affirmative determination under § 302(j) of the
federal Clean Air Act.
c.
For ozone nonattainment areas, any stationary source with the potential to emit
100 tons per year or more of volatile organic compounds or oxides of nitrogen
in areas classified as "marginal" or "moderate," 50 tons per year or more in
areas classified as "serious," 25 tons per year or more in areas classified as
"severe," and 10 tons per year or more in areas classified as "extreme"; except
that the references in this definition to nitrogen oxides shall not apply with
respect to any source for which the administrator has made a finding that
requirements under § 182(f) of the federal Clean Air Act (NOx
requirements for ozone nonattainment areas) do not apply.
d. For attainment areas in ozone transport
regions, any
stationary source with the
potential to emit 50 tons per year or
more of volatile organic compounds.
"Malfunction" means any sudden and unavoidable failure of
air pollution control equipment or process equipment or of a process to operate
in a normal or usual manner that (i) arises from sudden and reasonably
unforeseeable events beyond the control of the source, including acts of God,
(ii) causes an exceedance of a technology-based emission limitation under the
permit due to unavoidable increases in emissions attributable to the failure
and (iii) requires immediate corrective action to restore normal operation.
Failures that are caused entirely or in part by improperly designed equipment,
lack of or poor preventative maintenance, careless or improper operation,
operator error, or any other preventable upset condition or preventable
equipment breakdown shall not be considered malfunctions.
"New source review program" means a program for the
preconstruction review and permitting of new stationary sources or expansions
to existing ones in accordance with 9VAC5-80-10 or Article 7 (9VAC5-80-1400 et
seq.), Article 8 (9VAC5-80-1700
et seq.) or Article 9 (9VAC5-80-2000 et
seq.) of this part, promulgated to implement the requirements of §§
110(a)(2)(C), 165 (relating to permits in prevention of significant
deterioration areas), 173 (relating to permits in nonattainment areas), and 112
(relating to permits for hazardous air pollutants) of the federal Clean Air
Act.
"Permit," unless the context suggests otherwise, means
any permit or group of permits covering a source subject to this article that
is issued, renewed, amended, or revised pursuant to this article.
"Permit modification" means a revision to a permit issued
under this article that meets the requirements of
9VAC5-80-210
on minor permit modifications,
9VAC5-80-220
on group processing of minor permit modifications, or
9VAC5-80-230
on significant modifications.
"Permit revision" means any permit modification that
meets the requirements of
9VAC5-80-210,
9VAC5-80-220
or
9VAC5-80-230
or any administrative permit amendment that meets the requirements of
9VAC5-80-200.
"Potential to emit" means the maximum capacity of a
stationary source to emit any air pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of a source to
emit an air 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 is state and federally enforceable.
"Proposed permit" means the version of a permit that the
department proposes to issue and forwards to the administrator for review in
compliance with
9VAC5-80-290.
"Regulated air pollutant" means any of the
following:
a. Nitrogen oxides or any
volatile organic compound.
b. Any
pollutant for which an ambient air quality standard has been
promulgated.
c. Any pollutant
subject to any standard promulgated under § 111 of the federal Clean Air
Act.
d. Any Class I or II substance
subject to a standard promulgated under or established by Title VI of the
federal Clean Air Act concerning stratospheric ozone protection.
e. Any pollutant subject to a standard
promulgated under or other requirements established under § 112 of the federal
Clean Air Act concerning hazardous air pollutants and any pollutant regulated
under Subpart C of 40 CFR Part
68.
f. Any pollutant subject to an
applicable
state requirement included in a permit issued under this article as provided in
9VAC5-80-300.
"Renewal" means the process by which a permit is reissued
at the end of its term.
"Research and development facility" means all the
following as applied to any stationary source:
a. The primary purpose of the source is the
conduct of either (i) research and development into new products or processes
or into new uses for existing products or processes or into refining and
improving existing products or processes or (ii) basic research to provide for
education or the general advancement of technology or knowledge.
b. The source is operated under the close
supervision of technically trained personnel.
c. The source is not engaged in the
manufacture of products in any manner inconsistent with subdivision a (i) or
(ii) of this definition.
An analytical laboratory that primarily supports a
research and development facility is considered to be part of that
facility.
"Responsible official" means one of the following:
a. For a business entity, such as a
corporation, association or cooperative:
(1)
The president, secretary, treasurer, or vice-president of the business entity
in charge of a principal business function, or any other person who performs
similar policy or decision making functions for the business entity,
or
(2) A duly authorized
representative of such business entity if the representative is responsible for
the overall operation of one or more manufacturing, production, or operating
facilities applying for or subject to a
permit and either:
(i) the facilities employ more than 250
persons or have gross annual sales or expenditures exceeding $25 million (in
second quarter 1980 dollars); or
(ii) the authority to sign documents has been
assigned or delegated to such representative in accordance with procedures of
the business entity and the delegation of authority is approved in advance by
the department;
b. For a partnership or sole proprietorship:
a general partner or the proprietor, respectively; or
c. For a municipality, state, federal, or
other public agency: either a principal executive officer or ranking elected
official. A principal executive officer of a federal agency includes the chief
executive officer having responsibility for the overall operations of a
principal geographic unit of the agency (e.g., a regional administrator of
EPA).
d. For affected sources:
(1) The designated representative insofar as
actions, standards, requirements, or prohibitions under Title IV of the federal
Clean Air Act or the regulations promulgated thereunder are concerned;
and
(2) The
designated
representative or any other person specified in this definition for any other
purposes under this article.
"State enforceable" means all limitations and conditions
which are enforceable by the department, including 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 program" means a program for
issuing limitations and conditions for stationary sources in accordance with
Article 5 (9VAC5-80-800 et
seq.) of this part, promulgated to meet EPA's minimum criteria for federal
enforceability, including adequate notice and opportunity for EPA and public
comment prior to issuance of the final permit and practicable
enforceability.
"Stationary source" means any building, structure,
facility or installation which emits or may emit any regulated air pollutant. A
stationary source shall include all of the pollutant-emitting activities which
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). Pollutant-emitting activities shall be
considered as part of the same industrial grouping if they belong to the same
"major group" (i.e., which have the same two-digit code) as described in the
Standard Industrial Classification Manual (see
9VAC5-20-21)
. At the request of the applicant, any research and development facility may be
considered a separate stationary source from the manufacturing or other
facility with which it is co-located.
"Title I modification" means any modification under Parts
C and D of Title I or §§ 111(a)(4), 112(a)(5), or § 112(g) of the federal Clean
Air Act; under regulations promulgated by the U.S. Environmental Protection
Agency thereunder or in
40 CFR
61.07; or under regulations approved by the
U.S. Environmental Protection Agency to meet such
requirements.
