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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

9VAC5-40-5200. Applicability and designation of affected facility.

Article 37
Emission Standards for Petroleum Liquid Storage and Transfer Operations (Rule 4-37)

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each operation involving the storage or transfer of petroleum liquids or both.

B. Except as provided in subdivisions 1, 2 and 3 of this subsection, the provisions of this article apply to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

1. The emission standards in 9VAC5-40-5220 C, D, E, and G shall not apply to affected facilities in the following localities: Botetourt County, Frederick County, and Winchester City.

2. The emission standard in 9VAC5-40-5220 F shall apply only to affected facilities in the Northern Virginia and Richmond Volatile Organic Compound Emissions Control Areas. For the purposes of applicability of 9VAC5-40-5220 F only, the Richmond Emissions Control Area does not include Prince George County and Petersburg City.

3. The emission standard in 9VAC5-40-5220 C shall apply to affected facilities in Bedford County.

C. The provisions of this article do not apply to affected facilities using petroleum liquids with a vapor pressure less than 1.5 pounds per square inch absolute under actual storage conditions or, in the case of loading or processing, under actual loading or processing conditions. (Kerosene and fuel oil have vapor pressures of less than 1.5 pounds per square inch absolute under actual storage conditions; therefore, kerosene and fuel oil are not subject to the provisions of this article when used or stored at ambient temperatures).

D. The burden of proof of eligibility for exemption from this article is on the owner. Owners seeking such an exemption shall maintain adequate records of average monthly throughput and furnish these records to the board upon request.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from VR120-04-3701, eff. January 1, 1993; amended, Virginia Register Volume 14, Issue 2, eff. January 1, 1998; Volume 16, Issue 24, eff. October 1, 2000; Volume 20, Issue 12, eff. March 24, 2004; Volume 22, Issue 26, eff. October 4, 2006.

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