Virginia Law

A. This section applies in lieu of certain regulatory requirements for the pollutants for which an emissions cap is established. This section is not intended to provide an alternate method of compliance for any future regulatory requirements, including those that are designed to address particulate matter with aerodynamic diameter less than or equal to a nominal 2.5 microns (PM_2.5) or ozone or both.

B. For the pollutants for which an emissions cap is established, compliance with this chapter and the FESOP shall constitute compliance with the following provisions of the SAPCB regulations:

1. 9VAC5 Chapter 50, Part II, Article 4 (9VAC5-50-240 et seq.).

2. 9VAC5 Chapter 80, Part II, Article 6 (9VAC5-80-1100 et seq.).

3. 9VAC5 Chapter 80, Part II, Article 8 (9VAC5-80-1700 et seq.).

4. 9VAC5 Chapter 80, Part II, Article 9 (9VAC5-80-2000 et seq.).

C. Except for the pollutants for which an emissions cap is established, compliance with this chapter does not relieve International Paper from obligations to comply with requirements addressing emissions of hazardous air pollutants under Articles 4 (9VAC5-60-200 et seq.) and 5 (9VAC5-60-300 et seq. of Part II) of 9VAC5 Chapter 60.

D. For any physical or operational change that would otherwise be subject to the major NSR program, International Paper shall submit a control technology application to and shall obtain approval thereof from the department that the control technology to be installed meets the applicable requirements of Article 4 (9VAC5-50-240 et seq.) of Part II of 9VAC5 Chapter 50. International Paper shall install emission controls that are consistent with the approval. International Paper may begin and complete actual construction of the physical or operational change prior to receiving approval from the department if each of the following conditions is met:

1. International Paper has submitted an approvable control technology application for the physical or operational change with a notice of intent to begin actual construction of the physical or operational change.

2. International Paper has submitted a certification that it (i) freely assumes all financial and other risks associated with beginning actual construction of the physical or operational change prior to receiving the control technology approval and (ii) acknowledges that the department, in evaluating the application, may not consider any consequences to the applicant of beginning actual construction prior to receiving the control technology approval.

3. The department has not, within 30 days of receipt of the application, issued a written notice to International Paper, based on concerns about air quality impacts or emissions control technology, requiring the termination of construction as soon as practicable but no later than five business days after receipt of the notice.

4. International Paper constructs the physical or operational change as described in the control technology application.

5. International Paper does not commence operation of the physical or operational change until the control technology approval has been granted.

E. If the department has not, within 60 days of receipt of the control technology application submitted in accordance with subsection D of this section, issued a written notice to International Paper either approving or objecting to the construction of the physical or operational change, the control technology application may be deemed granted.

F. All new source review permit program permits that have been issued to the affected facility prior to September 7, 2005, are rescinded. All terms and conditions not related to the unit-specific emission limitations that were established to limit the potential to emit for the affected units in order to avoid otherwise applicable requirements are included in the FESOP. The permits that are rescinded include, but are not limited to, the following:

1. Power boilers permit dated 4/8/2003 and amended on 7/6/2004;

2. Digesters, Evaporators, Bleach Plant and Recovery Boiler permit dated 5/11/2004;

3. Lime Kiln permit dated 3/16/2004;

4. Paper Machine permit dated 7/5/2001; and

5. Starch Silo permit dated 5/21/1993.