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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 40. Existing Stationary Sources
11/21/2024

9VAC5-40-120. Waivers.

A. A waiver from the opacity emission limitation in 9VAC5-40-80 may be granted by the director, provided that a technical decision is reached that the plume opacity observations made in accordance with 9VAC5-40-20 and 9VAC5-40-110 are not representative of the pollutant loading of the plume.

B. Upon granting the above waiver, the director shall require one or more alternate source surveillance methods, which may include, but are not limited to, the following:

1. Requiring the owner to install, calibrate, maintain and operate systems for continuously monitoring and recording emissions of specified pollutants in accordance with 9VAC5-40-40 and 9VAC5-40-100.

2. Requiring the owner to conduct, at specified intervals, emission tests for measuring emissions of specified pollutants in accordance with 9VAC5-40-30.

3. Establishing an opacity emission limitation for the facility based on a correlation between tests of visible and other specified pollutant emissions.

C. The waiver may be granted for an indefinite period of time; however, approval may be withdrawn by the director:

1. For failure to adhere to any terms or conditions of the waiver;

2. If the affected facility is found to be in violation of any applicable emission standard; or

3. For failure to conduct or adhere to any alternate source surveillance method required for waiver approval.

Statutory Authority

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

Historical Notes

Derived from VR120-04-0107, eff. January 1, 1985; amended, Virginia Register Volume 19, Issue 6, eff. February 1, 2003.

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