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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 40. Existing Stationary Sources
9/29/2020

9VAC5-40-21. Compliance Schedules.

A. The provisions of this section are a supplement to and shall be applied in context with the provisions of 9VAC5-40-20 H 2.

B. Compliance by process and emission control equipment installations.

1. Owners proposing to comply with an emission standard by the installation and operation of emission control equipment or replacement process equipment or both shall adhere to the increments of progress contained in the following schedule:

a. Final plans for the installation and operation of emission control equipment or process equipment or both shall be submitted within six months of the effective date of the applicable emission standard.

b. Contracts for the installation of emission control equipment or process equipment shall be awarded, or orders shall be issued for purchase of component parts to accomplish installation, within 16 months of the effective date of the applicable emission standard.

c. Initiation of on-site construction for the installation of the emission control equipment or process equipment or both shall begin within 22 months of the effective date of the applicable emission standard.

d. On-site construction or installation of the emission control equipment or process equipment or both shall be completed within 30 months of the effective date of the applicable emission standard.

e. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 32 months of the effective date of the applicable emission standard.

2. Owners of sources subject to the compliance schedule in subdivision 1 of this subsection shall certify to the board within five days after deadline for each increment of progress, whether the required increment of progress has been met.

C. Compliance by process equipment modification.

1. Owners proposing to comply with an emission standard by the modification of existing processing equipment shall adhere to the increments of progress contained in the following schedule.

a. Final plans for the process equipment modification shall be submitted within six months of the effective date of the applicable emission standard.

b. Contracts for the process equipment modification shall be awarded, or orders shall be issued for the purchase of component parts to accomplish the process equipment modification, within 15 months of the effective date of the applicable emission standard.

c. Initiation of on-site construction for the modification of the process equipment shall begin within 18 months of the effective date of the emission standard.

d. On-site construction or installation of process modifications shall be completed within 22 months of the effective date of the applicable emission standard.

e. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 24 months of the effective date of the applicable emission standard.

2. Owners of sources subject to the compliance schedule in subdivision 1 of the subsection shall certify to the board within five days after the deadline for each increment of progress, whether the required increment of progress has been met.

D. Compliance by use of process materials modification.

1. Except as provided under subdivision D 3 of this section, owners proposing to comply with an emission standard by the use of new process materials shall adhere to the increments of progress contained in the following schedule:

a. Final plans for the use of new process materials shall be submitted within six months of the effective date of the applicable emission standard.

b. Research and development of new process materials shall be completed within 18 months of the effective date of the applicable emission standard.

c. Evaluation of new process materials product quality and commercial acceptance shall be completed within 24 months of the effective date of the applicable emission standard.

d. Purchase orders shall be issued for new process materials and process modifications within 26 months of the effective date of the applicable emission standard.

e. Initiation of process modifications shall begin within 28 months of the effective date of the applicable emission standard.

f. Process modifications shall be completed and use of new process materials shall begin within 34 months of the effective date of the applicable emission standard.

g. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 36 months of the effective date of the applicable emission standard.

2. Owners of sources subject to the compliance schedule in subdivision D 1 of this section shall certify to the board within five days after the deadline for each increment of progress, whether the required increment of progress has been met.

3. Where the board determines that the use of new process materials has been sufficiently researched and developed for a particular application, owners proposing to comply with an emission standard by the use of new process materials shall adhere to the increments of progress contained in the following schedule:

a. Final plans for the use of new process materials shall be submitted within six months of the effective date of the applicable emission standard.

b. Evaluation of new process materials product quality and commercial acceptance shall be completed within 16 months of the effective date of the applicable emission standard.

c. Purchase orders shall be issued for new process materials and process modifications within 18 months of the effective date of the applicable emission standard.

d. Initiation of process modifications shall begin within 22 months of the effective date of the applicable emission standard.

e. Process modifications shall be completed and use of new process materials shall begin within 30 months of the effective date of the applicable emission standard.

f. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 32 months of the effective date of the applicable emission standard.

4. Owners of sources subject to the compliance schedule in subdivision D 3 of this section shall certify to the board within five days after deadline for each increment of progress, whether the required increment of progress has been met.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Volume 13, Issue 18, eff. July 1, 1997.

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