Virginia Law

A. All testing must be completed within 15 months from the actual startup date as determined under subsection E of this section.

B. Within 30 days after receipt of a biomass pilot test facility general permit application the regional office will notify the applicant of the status of the application with a review letter.

1. If a complete application is received, the review letter will state if the applicant is approved for the biomass pilot test facility general permit. If approved, the applicant has 18 months from the date of the review letter to commence construction of the biomass pilot test facility and its equipment.

2. If a complete application is not received, the applicant has 30 days to submit the additional information needed for a complete application. If the additional information is not received within 30 days, the application will be returned to the applicant and the application will be withdrawn. Within 30 days after receipt of the additional information, the department will respond with another review letter that will state if the applicant is approved for the biomass pilot test facility general permit. If approved, the provisions of subdivision A 1 of this subsection shall apply.

C. Within the approved 18 months, the applicant shall notify the regional office of the actual date on which construction of the biomass pilot test facility commenced within 30 days after such date.

1. The applicant may apply for another 18-month extension to commence construction on the biomass pilot test facility based upon a satisfactory demonstration that an extension is justified.

2. Only one extension is allowed and shall be limited to commencing construction on the biomass pilot test facility.

D. The applicant shall notify the regional office in writing or electronically of the anticipated startup date of the biomass pilot test facility postmarked not more than 60 days nor less than 30 days prior to such date.

E. The applicant shall notify the regional office in writing or electronically of the actual startup date of the biomass pilot test facility within 15 days after such date. The applicant shall operate and perform all testing needed to comply with this permit no later than 15 months from the actual startup date.

F. For each biomass fuel to be utilized, the applicant shall perform (or acquire) a certified fuel test as required by 9VAC5-520-190 A.

G. At least 30 days prior to testing, the applicant shall:

1. Notify the department in writing or electronically of the anticipated date of the performance tests of the biomass pilot test facility;

2. Submit a stack test protocol and visible emissions evaluation test protocol to the regional office; and

3. Submit the results of the certified fuel test or tests to the regional office.

H. The stack testing and visible emissions evaluation tests shall be performed within 60 days after achieving the maximum production rate at which the facility will be operated but in no event later than 180 days after startup of the permitted facility according to 9VAC5-520-190 B, C, and D as appropriate.

I. All results shall be submitted to the regional office in writing or electronically no later than 45 days after test completion of the stack tests and visible emissions evaluation.

J. Within 60 days, the regional office will review the results and notify the applicant of the status of the biomass pilot test facility.

1. If test results demonstrate that the biomass pilot test facility is a major source, the facility shall cease operation immediately.

2. If test results demonstrate that the biomass pilot test facility is exempt from the minor source permitting requirements of all new source review programs, the regional office shall issue the applicant an exemption letter. The biomass pilot test facility will be authorized to operate under the terms and conditions set forth in the exemption letter and the biomass pilot test facility general permit will terminate. Any changes in the proposed operation of the facility may require a permit.

3. If testing demonstrates that the biomass pilot test facility is not exempt from the minor source permitting requirements of all new source review programs, the applicant shall obtain a permit as required by 9VAC5-80 (Permits for Stationary Sources).

a. An application for a new source review permit shall be submitted within 30 days of notification that the permit emission thresholds have been exceeded; if no application is received within the timeframe, the facility shall shut down.

b. The facility shall be authorized to continue to operate according to the terms and conditions of the biomass pilot test facility general permit application until such time as a new source review permit is issued. Once a new source review permit is issued, the facility shall operate according to the terms and conditions of the new source review permit and the authority to construct and operate under the biomass pilot test facility general permit will terminate.

c. All new source review permits will be issued within 90 days from receipt of a complete application.