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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 140. Regulation for Emissions Trading Programs
11/5/2024

9VAC5-140-210. Submission of NOx Budget permit applications.

A. The NOx authorized account representative of any NOx Budget source required to have a federally enforceable permit shall submit to the permitting authority a complete NOx Budget permit application under 9VAC5-140-220 by the applicable deadline in subsection B of this section.

B. 1. The following requirements shall apply to NOx Budget sources required to have a Title V operating permit:

a. For any source with one or more NOx Budget units under 9VAC5-140-40 that commenced operation before January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget units to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before May 31, 2004.

b. For any source with any NOx Budget unit under 9VAC5-140-40 that commences operation on or after January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget unit to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before the later of May 31, 2004, or the date on which the NOx Budget unit commences operation.

2. The following requirements shall apply to NOx Budget sources required to have a state operating permit:

a. For any source with one or more NOx Budget units under 9VAC5-140-40 that commenced operation before January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget units to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before May 31, 2004.

b. For any source with any NOx Budget unit under 9VAC5-140-40 that commences operation on or after January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget unit to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before the later of May 31, 2004, or the date on which the NOx Budget unit commences operation.

C. For a NOx Budget source required to have a Title V operating permit, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 for the NOx Budget source covering the NOx Budget units at the source in accordance with the permitting authority's Title V operating permits regulations addressing operating permit renewal.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002.

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