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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 190. Variance for Merck Stonewall Plant
11/21/2024

9VAC5-190-70. Federal operating permits.

A. Merck shall be subject to the provisions of 9VAC5 Chapter 80, Part II, Article 1 (9VAC5-80-50 et seq.) except as follows:

1. Compliance with monitoring requirements specified in Section 4 of the PSD permit shall constitute compliance with any monitoring requirements in 9VAC5-80-110 E that would be applicable to provisions of the PSD permit.

2. Compliance with recordkeeping and reporting requirements specified in Section 4 of the PSD permit shall constitute compliance with any recordkeeping and reporting requirements in 9VAC5-80-110 F 1 and 9VAC5-80-110 F 2 a that would be applicable to the PSD permit.

3. The PSD permit and documentation submitted in obtaining the PSD permit are deemed sufficient for the permit application requirements pertaining to the applicable requirements in the PSD permit. For applicable requirements outside of the PSD permit, Merck shall submit information on standard forms provided by DEQ, or in accordance with instructions accompanying those forms, or as otherwise acceptable to DEQ.

4. Merck's initial federal operating permit application need not list equipment, emissions or applicable requirements as of the time of application, but rather as of the conditions representative of the PSD permit.

5. Merck's initial federal operating permit application compliance certification need not be based on applicable requirements as of the time of application, but rather as of the conditions representative of the PSD permit, expressed as a future commitment to meet those requirements if they are not in effect at the time of application.

6. If all of the provisions of the PSD permit have not become effective by January 10, 2000, Merck shall submit a revised application for a federal operating permit which shall list all equipment, emissions and applicable requirements as they exist at that time and shall make the applicable compliance certification in accordance with those current requirements.

B. Merck shall be subject to the provisions of 9VAC5 Chapter 80, Part II, Article 2 (9VAC5-80-310 et seq.) and shall provide DEQ with emission inventory update information sufficient to allow DEQ to assess permit program fees.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 2, eff. November 15, 1997.

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