9 VAC 5 CHAPTER 40.

EXISTING STATIONARY SOURCES.

PART II.

Emission Standards.

ARTICLE 4.

Emission Standards for General Process Operations (Rule 4-4).

9 VAC 5-40-240. Applicability and designation of affected facility.

	A. Except as provided in subsections C and D of this section, the
affected facility to which the provisions of this article apply is each
process operation, each process gas stream and each combustion
installation.

	B. The provisions of this article apply throughout the Commonwealth of
Virginia.

	C. Exempted from the provisions of this article are the following:

		1. Process operations with a process weight rate capacity less than
100 pounds per hour.

		2. Any combustion unit using solid fuel with a maximum heat input of
less than 350,000 Btu per hour.

		3. Any combustion unit using liquid fuel with a maximum heat input of
less than 1,000,000 Btu per hour.

		4. Any combustion unit using gaseous fuel with a maximum heat input of
less than 10,000,000 Btu per hour.

	D. The provisions of this article do not apply to a particular
pollutant from an affected facility if the affected facility is subject
to other emission standards in this chapter covering the same pollutant.

9 VAC 5-40-250. Definitions.

	A. For the purpose of the Regulations for the Control and Abatement of
Air Pollution and subsequent amendments or any orders issued by the
board, the words or terms shall have the meanings given them in
subsection C of this section.

	B. As used in this article, all terms not defined here shall have the
meanings given them in 9 VAC 5 Chapter 10 (9 VAC 5-10-10 et seq.),
unless otherwise required by context.

	C. Terms defined.

		"Combustion installation" means all combustion units within a
stationary source in operation prior to October 5, 1979.

		"Combustion unit" means any type of stationary equipment in which
solid, liquid or gaseous fuels and refuse are burned, including, but not
limited to, furnaces, ovens, and kilns.

		"Heat input" means the total gross calorific value of all fuels
burned.

		"Manufacturing operation" means any process operation or combination
of physically connected dissimilar process operations which is operated
to effect physical or chemical changes or both in an article.

		"Materials handling equipment" means any equipment used as a part of a
process operation or combination of process operations which does not
effect a physical or chemical change in the material or in an article,
such as, but not limited to, conveyors, elevators, feeders or weighers.

		"Physically connected" means any combination of process operations
connected by materials handling equipment and designed for simultaneous
complementary operation.

		"Process operation" means any method, form, action, operation or
treatment of manufacturing or processing, including any storage or
handling of materials or products before, during or after manufacturing
or processing.

		"Process unit" means any step in a manufacturing or process operation
which results in the emission of pollutants to the atmosphere.

		"Process weight" means total weight of all materials introduced into
any process unit which may cause any emission of pollutants. Process
weight includes solid fuels charged, but does not include liquid and
gaseous fuels charged or combustion air for all fuels.

		"Process weight rate" means a rate established as follows:

			a. For continuous or long-run steady-state process operations, the
total process weight for the entire period of continuous operation or
for a typical portion of it, divided by the number of hours of such
period or portion of it.

			b. For cyclical or batch process operations, the total weight for a
period that covers a complete operation or an integral number of cycles,
divided by the hours of actual process operation during such a period.

		"Reasonably available control technology" means the lowest emission
limit that a particular source is capable of meeting by the application
of control technology that is reasonably available, considering
technological and economic feasibility.

		"Rated capacity" means the capacity as stipulated in the purchase
contract for the condition of 100% load, or such other capacities as
mutually agreed to by the board and owner using good engineering
judgment.

		"Total capacity" means with reference to a combustion installation,
the sum of the rated capacities (expressed as heat input) of all units
of the installation which must be operated simultaneously under
conditions of 100% use load.

9 VAC 5-40-300.	Standard for volatile organic compounds.  [Repealed.]

	A.	No owner or other person shall cause or permit to be discharged from
any affected facility any volatile organic compound emissions in excess
of that resultant from using reasonably available control technology.

	B.	The provisions of this section apply to all facilities that (i) are
within a stationary source in the Northern Virginia or Richmond
Emissions Control Area (see 9 VAC 5-20-206) and (ii) are within a
stationary source that has a theoretical potential to emit 25 tons per
year or greater in the Northern Virginia Emissions Control Area or 100
tons per year or greater in the Richmond Emissions Control Area.  For
the purposes of this section only, the Richmond Emissions Control Area
does not include Prince George County and Petersburg City.  Theoretical
potential to emit shall be based on emissions at design capacity or
maximum production and maximum operating hours (8,760 hours/year) before
add-on controls, unless the facility is subject to state and federally
enforceable permit conditions which limit production rates or hours of
operation.  Emissions from all facilities, including facilities exempt
from any other emission standard for volatile organic compounds in this
chapter, shall be added together to determine theoretical potential to
emit.

	C.	For facilities subject to the provisions of this section, the owners
shall within three months of the effective date of this emission
standard (i) notify the board of their applicability status, (ii) commit
to making a determination as to what constitutes reasonably available
control technology for the facilities and (iii) provide a schedule
acceptable to the board for making this determination and for achieving
compliance with the emission standard as expeditiously as possible but
no later than the following dates:

		1.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 50 tons per year or greater, May 31,
1995.

		2.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 25 tons per year or greater, but less
than 50 tons per year, May 31, 1996.

		3.	For facilities in the Richmond Emissions Control Area with a
theoretical potential to emit 100 tons per year or greater, May 31,
1995.

9 VAC 5-40-310.	Standard for nitrogen oxides.  [Repealed.]

	A.	No owner or other person shall cause or permit to be discharged from
any affected facility any nitrogen oxides emissions in excess of that
resultant from using reasonably available control technology.

	B.	Unless the owner demonstrates otherwise to the satisfaction of the
board, compliance with the provisions of subsection A of this section
shall be achieved for the applicable source types by the use of
reasonably available control technology as defined in 9 VAC 5-40-311.

	C.	The provisions of this section apply to all facilities that (i) are
within a stationary source in the Northern Virginia or Western Virginia
Emissions Control Area (see 9 VAC 5-20-206) and (ii) are within a
stationary source that has a theoretical potential to emit 25 tons per
year or greater in the Northern Virginia Emissions Control Area, or 100
tons per year or greater in the Western Virginia Emissions Control Area.
 Theoretical potential to emit shall be based on emissions at design
capacity or maximum production and maximum operating hours (8,760
hours/year) before add-on controls, unless the facility is subject to
state and federally enforceable permit conditions which limit production
rates or hours of operation.  Emissions from all facilities, including
facilities exempt from any other emission standard for nitrogen oxides
in this chapter, shall be added together to determine theoretical
potential to emit.

	D.	For facilities subject to the provisions of subsection A of this
section, the owners shall within three months of the effective date of
the emission standard (i) notify the board of their applicability
status, (ii) commit to making a determination as to what constitutes
reasonably available control technology for the facilities and (iii)
provide a schedule acceptable to the board for making this determination
and for achieving compliance with the emission standard as expeditiously
as possible but no later than the following dates:

		1.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 50 tons per year or greater, May 31,
1995.

		2.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 25 tons per year or greater, but less
than 50 tons per year, November 15, 2005.

		3.	For facilities in the Western Virginia Emissions Control Area with
a theoretical potential to emit 100 tons per year or greater, November
15, 2005.

	E.	For facilities to which the provisions of subsection B of this
section are applicable, the owners shall within three months of the
effective date of the emission standard (i) notify the board of their
applicability status, (ii) commit to accepting the emission standard as
reasonably available control technology for the applicable facilities or
to submitting a demonstration as provided in subsection B of this
section and (iii) provide a schedule acceptable to the board for
submitting the demonstration no later than the dates specified in
subdivisions 1, 2, and 3 of this subsection, and for achieving
compliance with the emission standard as expeditiously as possible but
no later than the dates specified in subdivisions 4, 5, and 6 of this
subsection.

		1.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 50 tons per year or greater, January 1,
1994.

		2.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 25 tons per year or greater, but less
than 50 tons per year, January 1, 2004.

		3.	For facilities in the Western Virginia Emissions Control Area with
a theoretical potential to emit 100 tons per year or greater, January 1,
2004.

		4.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 50 tons per year or greater, May 31,
1995.

		5.	For facilities in the Northern Virginia Emissions Control Area with
a theoretical potential to emit 25 tons per year or greater, but less
than 50 tons per year, November 15, 2005.

		6.	For facilities in the Western Virginia Emissions Control Area with
a theoretical potential to emit 100 tons per year or greater, November
15, 2005.

	F.	No owner or other person shall cause or permit to be discharged from
any facility any nitrogen oxides emissions in excess of those necessary
to achieve emissions reductions identified in any attainment or
maintenance plan or any other legally enforceable document submitted to
the U.S. Environmental Protection Agency as a revision to the state
implementation plan.

		1.	The facilities to which the provisions of this subsection apply are
facilities within the Richmond Emissions Control Area (see 9 VAC
5-20-206) identified in any attainment or maintenance plan submitted to
the U.S. Environmental Protection Agency as a revision to the state
implementation plan.

		2.	The board may establish case-by-case emission limits and other
requirements as may be necessary to achieve the required emission
reductions via permits, consent orders, or other legally enforceable
means.

		3.	Facilities subject to this subsection shall be in compliance with
any limits and other requirements established pursuant to subsection F 2
of this section within the timeframes established in any state plan
revision, permit, or other legally enforceable document.

		4.	The provisions of subsections A through E of this section shall not
apply to facilities within the Richmond Emissions Control Area (see 9
VAC 5-20-206).

9 VAC 5-40-311.	Reasonably available control technology guidelines for
stationary sources of nitrogen oxides.  [Repealed.]

	A.	General.

	Unless otherwise approved by the board, this section defines reasonably
available control technology for the purposes of compliance with 9 VAC
5-40-310 A for the source types specified here.

	B.	Definitions.

		1.	For the purpose of this section and subsequent amendments or any
orders issued by the board, the words or terms shall have the meaning
given them in subdivision B 3 of this section.

		2.	As used in this section, all terms not defined here shall have the
meaning given them in 9 VAC 5 Chapter 10 (9 VAC 5-10-10 et seq.), unless
otherwise required by context.

		3.	Terms defined.

			"Capacity factor" means the ratio of the average load on a machine or
equipment for the period of time considered to be the capacity rating of
the machine or equipment.

			"Combustion modification" means any change to the configuration of
the burners or the firing method or mechanism of any combustion
equipment for the purpose of reducing the emissions of nitrogen oxides. 
Acceptable combustion equipment changes within the context of this term
include, but are not limited to, reburning, burners out of service, flue
gas recirculation, fuel substitution, engine adjustments, engine
modifications, fuel modifications and the addition of over fire air and
low nitrogen oxides burner systems.

			"Fossil fuel" means natural gas, petroleum, coal and any form of
solid, liquid or gaseous fuel derived from such materials for the
purpose of creating useful heat.

			"Fuel burning equipment" means any furnace, with fuel burning
equipment appurtenances thereto, used in the process of burning fuel for
the primary purpose of producing heat to be utilized by indirect heat
transfer or producing power.  This includes facilities that are designed
as boilers to produce steam or heated water and are designed to burn
either fossil fuel or refuse derived fuel.  It does not include such
facilities if designed primarily to burn raw refuse.

			"Gas turbine" means a rotary internal combustion engine fueled by
liquid or gaseous fuel.

			"Heat input" means the total gross calorific value of all fuels
burned.

			"Incinerator" means any device, apparatus, equipment, or structure
using combustion or pyrolysis for destroying, or reducing the volume of
any material or substance.

			"Internal combustion engine" means a reciprocating engine which is
fueled by liquid or gaseous fuel.

			"Process heater" means any fuel burning equipment which is used to
produce heat for use in a manufacturing process.  This term includes
boilers which use a heat transfer medium other than water, but does not
include drying ovens, steam generating units, or other drying apparatus.

			"Rated capacity" means the capacity as stipulated in the purchase
contract for the condition of 100% load, or such other capacities as
mutually agreed to by the board and owner using good engineering
judgment.

			"Refuse derived fuel (RDF)" means fuel produced from solid or liquid
waste (includes materials customarily referred to as refuse and other
discarded materials) or both which has been segregated and classified,
with the useable portions being put through a size reduction and
classification process which results in a relatively homogeneous
mixture.

			"Steam generating unit" means any furnace, boiler or other device
used for combusting fuel for the purpose of producing steam.

	C.	Definition of reasonably available control technology.

		1.	For the source types listed below, reasonably available control
technology is defined as the emission limits specified below based upon
the application of combustion modification; however, owners may elect to
use any alternative control technology, provided such alternative is
capable of achieving the prescribed emission limits.

			a.	Steam generating units and process heaters.  The maximum allowable
emission rate for nitrogen oxides from steam generating units and
process heaters is as follows:

TABLE 4-4C

Maximum Allowable Emission Rates for Nitrogen Oxides Emissions from
Steam Generating Units and Process Heaters (pounds per million Btu heat
input)

Fuel Type	Firing Method

	Face* and Tangential	Cyclone	Stokers

 Coal – wet bottom	1.0	.55	N/A

 Coal – dry bottom	.38	N/A	0.4

 Oil or Gas or both	.25	.43	N/A

 Gas only	.20	N/A	N/A



* Includes wall, opposed and vertical firing methods

			b.	Gas turbines.  The maximum allowable emission rate for nitrogen
oxides from gas turbines is as follows:

TABLE 4-4D

Maximum Allowable Emission Rates for Nitrogen Oxides Emissions from Gas
Turbines

≥ .015%.

		2.	Any demonstration of compliance with the limits in subdivision C 1
of this section shall be on a daily basis.

		3.	For the source types and sizes listed below, a demonstration of
reasonably available control technology is not required as provided in 9
VAC 5-40-310 B.

			a.	Any steam generating unit, process heater or gas turbine with an
annual capacity factor of less than 5.0%, except that three months
following any calendar year during which the capacity factor is 5.0% or
greater, the facility shall be subject to 9 VAC 5-40-310 A or B, as
applicable, and the owner shall comply with 9 VAC 5-40-310 D or E, as
applicable, except the compliance date shall be two years after approval
of the schedule by the board.  Time periods during which a stand-by unit
is used to provide replacement services for a unit being altered to
comply with the provisions of 9 VAC 5-40-310 A or B shall not be used as
the basis for a determination that the stand-by unit exceeded the annual
capacity factor criteria of 5.0%.

			b.	Any stationary internal combustion engine with a rated capacity of
less than 450 hp of output power.

			c.	Any incinerator with a maximum capacity of less than 50 tons of
waste per day.

			d.	Any incinerator or thermal or catalytic oxidizer used exclusively
as air pollution control equipment.

			e.	Any generator used solely to supply emergency power to buildings
during periods when normal power supplies are interrupted and during
periods of scheduled maintenance.

ARTICLE 51.

Emission Standards for Stationary Sources Subject to

Case-by-Case RACT Determinations (Rule 4-51).

9 VAC 5-40-7370. Applicability and designation of affected facility.

	A. The affected facility to which the provisions of this article apply
is each facility that is within a stationary source that has a
theoretical potential to emit equal to or greater than the applicable
source threshold specified in Table 4-51A or 4-51B, and Table 4-51C or
4-51E.

	B. The provisions of this article apply to all Emission Control Areas
as defined in 9 VAC 5-20-206 and indicated in Table 4-51A or 4-51B, and
Table 4-51C or 4-51E.

	C. The provisions of this article do not apply to a particular
pollutant from an affected facility if the affected facility is subject
to other emission standards in this chapter covering the same pollutant.

9 VAC 5-40-7380. Definitions.

	A. For the purpose of applying this article in the context of the
Regulations for the Control and Abatement of Air Pollution and related
uses, the words or terms shall have the meanings given them in
subsection C of this section.

	B. As used in this article, all terms not defined here shall have the
meanings given them in 9 VAC 5 Chapter 10 (9 VAC 5-10), unless otherwise
required by context.

	C. Terms defined.

		“Capacity factor” means the ratio of the average load on a machine
or equipment for the period of time considered to be the capacity rating
of the machine or equipment.  

		“Combustion modification” means any change to the configuration of
the burners or the firing method or mechanism of any combustion
equipment for the purpose of reducing the emissions of nitrogen oxides. 
Acceptable combustion equipment changes within the context of this term
include, but are not limited to, reburning, burners out of service, flue
gas recirculation, fuel substitution, engine adjustments, engine
modifications, fuel modifications and the addition of over fire air and
low nitrogen oxides burner systems. 

		“Fossil fuel” means natural gas, petroleum, coal and any form of
solid, liquid or gaseous fuel derived from such materials for the
purpose of creating useful heat.  

		“Fuel burning equipment” means any furnace, with fuel burning
equipment appurtenances thereto, used in the process of burning fuel for
the primary purpose of producing heat to be utilized by indirect heat
transfer or producing power.  This includes facilities that are designed
as boilers to produce steam or heated water and are designed to burn
either fossil fuel or refuse derived fuel.  It does not include such
facilities if designed primarily to burn raw refuse. 

		“Gas turbine” means a rotary internal combustion engine fueled by
liquid or gaseous fuel. 

		“Heat input” means the total gross calorific value of all fuels
burned.  

		“Incinerator” means any device, apparatus, equipment, or structure
using combustion or pyrolysis for destroying, or reducing the volume of
any material or substance.  

		“Internal combustion engine” means a reciprocating engine which is
fueled by liquid or gaseous fuel. 

		“Presumptive RACT” means the emission limit that a particular
source is capable of meeting by the application of reasonably available
control technology that is defined in 9 VAC 5-40-7430. 

		“Process heater” means any fuel burning equipment which is used to
produce heat for use in a manufacturing process.  This term includes
boilers which use a heat transfer medium other than water, but does not
include drying ovens, steam generating units, or other drying apparatus.
 

		“Rated capacity” means the capacity as stipulated in the purchase
contract for the condition of 100% load, or such other capacities as
mutually agreed to by the board and owner using good engineering
judgment.  

		“Reasonably available control technology” or "RACT" means the
lowest emission limit that a particular source is capable of meeting by
the application of control technology that is reasonably available,
considering technological and economic feasibility.  

		“Refuse derived fuel (RDF)” means fuel produced from solid or
liquid waste (includes materials customarily referred to as refuse and
other discarded materials) or both which has been segregated and
classified, with the useable portions being put through a size reduction
and classification process which results in a relatively homogeneous
mixture. 

		“Steam generating unit” means any furnace, boiler or other device
used for combusting fuel for the purpose of producing steam.  

		“Theoretical potential to emit” means the maximum capacity of a
stationary source to emit a pollutant based on emissions at design
capacity or maximum production and maximum operating hours (8,760
hours/year) before add-on controls, unless the facility is subject to
state and federally enforceable permit conditions which limit production
rates or hours of operation.  Emissions from all facilities, including
facilities exempt from any other emission standard for volatile organic
compounds or nitrogen oxides in this chapter, shall be added together to
determine theoretical potential to emit.  

		“Tpy” means tons per year.

9 VAC 5-40-7390. Standard for volatile organic compounds (1-hour ozone
standard). 

	A. No owner or other person shall cause or permit to be discharged from
any affected facility any volatile organic compounds (VOCs) emissions in
excess of that resultant from using RACT.

	B. The provisions of this section apply to all facilities that (i) are
within a stationary source in the emissions control areas specified in
Table 4-51A and (ii) are within a stationary source that has a
theoretical potential to emit at the applicable source thresholds
specified Table 4-51A.

TABLE 4-51A.

NOTIFICATION AND COMPLIANCE DATES FOR

FACILITIES LOCATED IN

VOC EMISSIONS CONTROL AREAS

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	COMPLIANCE
DATE

Richmond	( 100 tpy	October 1, 1991	May 31, 1995

Northern Virginia	( 100 tpy	October  1, 1991	May 31, 1995

Northern Virginia	( 50 tpy and <100 tpy	April 1, 1993	May 31, 1995

Northern Virginia	( 25 tpy and < 50 tpy	July 1, 1996	May 31, 1996



	C.	For facilities subject to the provisions of this section, the owners
shall, by the notification dates specified in Table 4-51A, (i) notify
the board of their applicability status, (ii) commit to making a
determination as to what constitutes RACT for the facilities and (iii)
provide a schedule acceptable to the board for making this determination
and for achieving compliance with the emission standard as expeditiously
as possible but no later than the compliance dates specified in Table
4-51A.

	D. For the purposes of this section only, the Richmond Emissions
Control Area shall not include Prince George County and Petersburg City.

9 VAC 5-40-7400. Standard for volatile organic compounds (8-hour ozone
standard). 

	A. No owner or other person shall cause or permit to be discharged from
any affected facility any volatile organic compounds (VOCs) emissions in
excess of that resultant from using RACT.

	B. The provisions of this section apply to all facilities that (i) are
within a stationary source in the emissions control areas specified in
Table 4-51B and (ii) are within a stationary source that has a
theoretical potential to emit at the applicable source thresholds
specified Table 4-51B.

TABLE 4-51B.

NOTIFICATION AND COMPLIANCE DATES FOR

FACILITIES LOCATED IN

VOC EMISSIONS CONTROL AREAS

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	COMPLIANCE
DATE

Northern Virginia	( 50 tpy	March 1, 2007	April 1, 2009



	C. For facilities subject to the provisions of this section, the owners
shall, by the notification dates specified in Table 4-51B, (i) notify
the board of their applicability status, (ii) commit to making a
determination as to what constitutes RACT for the facilities and (iii)
provide a schedule acceptable to the board for making this determination
and for achieving compliance with the emission standard as expeditiously
as possible but no later than the compliance dates specified in Table
4-51B.

	D. Nothing in this article shall exempt any facility subject to the
provisions of 9 VAC 5-40-7390 from being subject to the provisions of
this section.  The board may reevaluate any RACT determination made
under 9 VAC 5-40-7390 and require compliance with a new RACT
determination as necessary to implement this section.

	E. Upon the request of the board, the owner of a facility subject to or
exempt from the provisions of 9 VAC 5-40-7390 shall provide such
information as the board deems necessary to determine if the facility is
subject to this section.

9 VAC 5-40-7410. Standard for nitrogen oxides (1-hour ozone standard). 

	A. No owner or other person shall cause or permit to be discharged from
any affected facility any nitrogen oxides (NOX) emissions in excess of
that resultant from using RACT.

	B. Unless the owner demonstrates otherwise to the satisfaction of the
board, facilities to which the presumptive RACT provisions of 9 VAC
5-40-7430 are applicable shall comply with the provisions of subsection
A of this section by the use of presumptive RACT.

	C. The provisions of this section apply to all facilities that (i) are
within a stationary source in the emissions control areas specified in
Table 4-51C and (ii) are within a stationary source that has a
theoretical potential to emit at the applicable source thresholds
specified in Table 4-51C.

TABLE 4-51C.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH THERE IS NO PRESUMPTIVE RACT

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	COMPLIANCE
DATE

Northern Virginia	( 50 tpy	April 1, 1993	May 31, 1995

Northern Virginia	( 25 tpy and < 50 tpy	September 4, 2003	November 15,
2005

Western Virginia	( 100 tpy	June 24, 2004	November 15, 2005



	D. For facilities subject to the provisions of this section and for
which there is no presumptive RACT definition, the owners shall, by the
notification dates specified in Table 4-51C, (i) notify the board of
their applicability status, (ii) commit to making a determination as to
what constitutes RACT for the facilities and (iii) provide a schedule
acceptable to the board for making this determination and for achieving
compliance with the emission standard as expeditiously as possible but
no later than the compliance dates specified in Table 4-51C.

	E. For facilities subject to the provisions of this section and for
which there is a presumptive RACT definition, the owners shall, by the
notification dates specified in Table 4-51D, (i) notify the board of
their applicability status, (ii) commit to accepting the presumptive
RACT emission limits as RACT for the applicable facilities or to
submitting a demonstration as provided in subsection B of this section
and (iii) provide a schedule acceptable to the board for submitting the
demonstration no later than the demonstration dates specified in Table
4-51D, and for achieving compliance with the emission standard as
expeditiously as possible but no later than the compliance dates
specified in Table 4-51D.

TABLE 4-51D.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH PRESUMPTIVE RACT IS DEFINED

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	DEMONSTRATION
DATE	COMPLIANCE DATE

Northern Virginia	( 50 tpy	April 1, 1993	January 1, 1994	May 31, 1995

Northern Virginia	( 25 tpy and < 50 tpy	September 4, 2003	January 1,
2004	November 15, 2005

Western Virginia	( 100 tpy	June 24, 2004	January 1, 2004	November 15,
2005



	F. No owner or other person shall cause or permit to be discharged from
any facility any NOX emissions in excess of those necessary to achieve
emissions reductions identified in any attainment or maintenance plan or
any other legally enforceable document submitted to the U.S.
Environmental Protection Agency as a revision to the state
implementation plan.

		1. The facilities to which the provisions of this subsection apply are
facilities within any emissions control area (see 9 VAC 5-20-206)
identified in any attainment or maintenance plan submitted to the U.S.
Environmental Protection Agency as a revision to the state
implementation plan.

		2. The board may establish case-by-case emission limits and other
requirements as may be necessary to achieve the required emission
reductions via permits, consent orders, or other legally enforceable
means.

		3. Facilities subject to this subsection shall be in compliance with
any limits and other requirements established pursuant to subsection F 2
of this section within the timeframes established in any state plan
revision, permit, or other legally enforceable document.

9 VAC 5-40-7420. Standard for nitrogen oxides (8-hour ozone standard). 

	A. No owner or other person shall cause or permit to be discharged from
any affected facility any nitrogen oxides (NOX) emissions in excess of
that resultant from using RACT.

	B. Unless the owner demonstrates otherwise to the satisfaction of the
board, facilities to which the presumptive RACT provisions of 9 VAC
5-40-7430 are applicable shall comply with the provisions of subsection
A of this section by the use of presumptive RACT.

	C. The provisions of this section apply to all facilities that (i) are
within a stationary source in the emissions control areas specified in
Table 4-51E and (ii) are within a stationary source that has a
theoretical potential to emit at the applicable source thresholds
specified in Table 4-51E.

TABLE 4-51E.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH THERE IS NO PRESUMPTIVE RACT

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	COMPLIANCE
DATE

Northern Virginia	( 100 tpy	March 1, 2007	April 1, 2009



	D. For facilities subject to the provisions of this section and for
which there is no presumptive RACT definition, the owners shall, by the
notification dates specified in Table 4-51E, (i) notify the board of
their applicability status, (ii) commit to making a determination as to
what constitutes RACT for the facilities and (iii) provide a schedule
acceptable to the board for making this determination and for achieving
compliance with the emission standard as expeditiously as possible but
no later than the compliance dates specified in Table 4-51E.

	E. For facilities subject to the provisions of this section and for
which there is a presumptive RACT definition, the owners shall, by the
notification dates specified in Table 4-51F, (i) notify the board of
their applicability status, (ii) commit to accepting the presumptive
RACT emission limits as RACT for the applicable facilities or to
submitting a demonstration as provided in subsection B of this section
and (iii) provide a schedule acceptable to the board for submitting the
demonstration no later than the demonstration dates specified in Table
4-51F, and for achieving compliance with the emission standard as
expeditiously as possible but no later than the compliance dates
specified in Table 4-51F.

TABLE 4-51F.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH PRESUMPTIVE RACT IS DEFINED

EMISSIONS CONTROL AREA	SOURCE THRESHOLD	NOTIFICATION DATE	DEMONSTRATION
DATE	COMPLIANCE DATE

Northern Virginia	( 100 tpy	March 1, 2007	June 1, 2007	April 1, 2009



	F. Nothing in this article shall exempt any facility subject to the
provisions of 9 VAC 5-40-7390 from being subject to the provisions of
this section.  The board may reevaluate any RACT determination made
under 9 VAC 5-40-7410 and require compliance with a new RACT
determination as necessary to implement this section.

	G. Upon the request of the board, the owner of a facility subject to or
exempt from 

the provisions of 9 VAC 5-40-7390 shall provide such information as the
board deems necessary to determine if the facility is subject to this
section.

9 VAC 5-40-7430. Presumptive reasonably available control technology
guidelines for stationary sources of nitrogen oxides.  

	A. Unless otherwise approved by the board, this section defines
presumptive RACT for the purposes of compliance with 9 VAC 5-40-7410 A
or 9 VAC 5-20-7420 A for the source types specified here.

	B. Presumptive RACT is defined as follows.

		1. For the source types listed below, RACT is defined as the emission
limits specified below based upon the application of combustion
modification; however, owners may elect to use any alternative control
technology, provided such alternative is capable of achieving the
prescribed emission limits.

			a. The maximum allowable emission rate for NOX from steam generating
units and process heaters is as follows:

TABLE 4-51G.

MAXIMUM ALLOWABLE EMISSION RATES FOR NOX EMISSIONS

FROM STEAM GENERATING UNITS AND PROCESS HEATERS

 (POUNDS PER MILLION BTU HEAT INPUT)

Fuel Type	Firing Method

	Face* and Tangential	Cyclone	Stokers

 Coal – wet bottom	1.0	.55	N/A

 Coal – dry bottom	.38	N/A	0.4

 Oil or Gas or both	.25	.43	N/A

 Gas only	.20	N/A	N/A



* Includes wall, opposed and vertical firing methods

			b. The maximum allowable emission rate for NOX from gas turbines is
as follows:

TABLE 4-51H.

MAXIMUM ALLOWABLE EMISSION RATES FOR NOX EMISSIONS

FROM GAS TURBINES

(PARTS PER MILLION BY DRY VOLUME CORRECTED TO 15% OXYGEN)

≥ .015%.

		2. Any demonstration of compliance with the limits in subdivision B 1
of this section shall be on a daily basis.

		3. The following sources are not required to make demonstration of
RACT as required by 9 VAC 5-40-7410 B or 9 VAC 5-40-7420 B.

			a. Any steam generating unit, process heater or gas turbine with an
annual capacity factor of less than 5.0%, except that three months
following any calendar year during which the capacity factor is 5.0% or
greater, the facility shall be subject to 9 VAC 5-40-7410 A or B, or 9
VAC 5-40 7420 A or B, as applicable, and the owner shall comply with 9
VAC 5-40-7410 D or E, or 9 VAC 5-40-7420 D or E, as applicable, except
the compliance date shall be two years after approval of the schedule by
the board.  Time periods during which a stand-by unit is used to provide
replacement services for a unit being altered to comply with the
provisions of 9 VAC 5-40-7410 A or B, or 9 VAC 5-40-7420 A or B, shall
not be used as the basis for a determination that the stand-by unit
exceeded the annual capacity factor criteria of 5.0%.

			b. Any stationary internal combustion engine with a rated capacity of
less than 450 hp of output power.

			c. Any incinerator with a maximum capacity of less than 50 tons of
waste per day.

			d. Any incinerator or thermal or catalytic oxidizer used exclusively
as air pollution control equipment.

			e. Any generator used solely to supply emergency power to buildings
during periods when normal power supplies are interrupted and during
periods of scheduled maintenance.

9 VAC 5-40-7440. Standard for visible emissions. 

	The provisions of Article 1 (9 VAC 5-40-60 et seq.) of this chapter
(Emission Standards for Visible Emissions and Fugitive Dust/Emissions,
Rule 4-1) apply.

9 VAC 5-40-7450. Standard for fugitive dust/emissions. 

	The provisions of Article 1 (9 VAC 5-40-60 et seq.) of this chapter
(Emission Standards for Visible Emissions and Fugitive Dust/Emissions,
Rule 4-1) apply.

9 VAC 5-40-7460. Standard for odor. 

	The provisions of Article 2 (9 VAC 5-40-130 et seq.) of this chapter
(Emission Standards for Odor, Rule 4-2) apply.

9 VAC 5-40-7470. Standard for toxic pollutants. 

	The provisions of Article 4 (9 VAC 5-60-200 et seq.) of 9 VAC 5 Chapter
60 (Emission Standards for Toxic Pollutants, Rule 6-4) apply.

9 VAC 5-40-7480. Compliance. 

	The provisions of 9 VAC 5-40-20 (Compliance) apply.

9 VAC 5-40-7490. Test methods and procedures. 

	The provisions of 9 VAC 5-40-30 (Emission Testing) apply.

9 VAC 5-40-7500. Monitoring. 

	The provisions of 9 VAC 5-40-40 (Monitoring) apply.

9 VAC 5-40-7510. Notification, records and reporting. 

	The provisions of 9 VAC 5-40-50 (Notification, Records and Reporting)
apply.

9 VAC 5-40-7520. Registration. 

	The provisions of 9 VAC 5-20-160 (Registration) apply.

9 VAC 5-40-7530. Facility and control equipment maintenance or
malfunction.

	The provisions of 9 VAC 5-20-180 (Facility and Control Equipment
Maintenance or Malfunction) apply.

9 VAC 5-40-7540. Permits. 

	A permit may be required prior to beginning any of the activities
specified below and the provisions of 9 VAC 5 Chapter 50 (9 VAC 5-50)
and 9 VAC 5 Chapter 80 (9 VAC 5-80) may apply.  Owners contemplating
such action should contact the appropriate regional office for guidance.

	A. Construction of a facility.

	B. Reconstruction (replacement of more than half) of a facility.

	C. Modification (any physical change to equipment) of a facility.

	D. Relocation of a facility.

	E. Reactivation (restart-up) of a facility.

	F. Operation of a
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Signature:  ___________________________________

Name of Certifying Official:  David K. Paylor

Title:  Director

Agency:  Department of Environmental Quality

Date:  _________________________________________

 

 

COMMONWEALTH OF VIRGINIA	PAGE   PAGE  20  of   NUMPAGES  20  

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5
CHAPTER 40)

