9VAC5-40-7410. Standard for nitrogen oxides (one-hour ozone standard).

A. No owner or other person shall cause or permit to be discharged from any affected facility any nitrogen oxides (NO_X) 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 9VAC5-40-7430 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 NO_X 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 NO_X 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 NO_X 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 9VAC5-20-206) 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 subdivision 2 of this subsection within the timeframes established in any state plan revision, permit, or other legally enforceable document.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006.

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