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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 40. Existing Stationary Sources
9/18/2020

9VAC5-40-7420. Standard for Nitrogen Oxides (Eight-Hour Ozone Standard).

A. No owner or other person shall cause or permit to be discharged from any affected facility any nitrogen oxides (NOX) emissions in excess of that resultant from using RACT.

B. Unless the owner demonstrates otherwise to the satisfaction of the board, facilities to which the presumptive RACT provisions of 9VAC5-40-7430 are applicable shall comply with the provisions of subsection A of this section by the use of presumptive RACT.

C. The provisions of this section apply to all facilities that (i) are within a stationary source in the emissions control areas specified in Table 4-51E and (ii) are within a stationary source that has a theoretical potential to emit at the applicable source thresholds specified in Table 4-51E.

TABLE 4-51E.
Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which There is No Presumptive RACT.

Standard

Emissions Control Area

Source Threshold

Notification Date

Compliance Date

1997 (0.08 ppm)

Northern Virginia

≥ 100 tpy

March 1, 2007

April 1, 2009

2008 (0.075 ppm)

Northern Virginia

≥ 100 tpy

February 1, 2016

January 1, 2017

D. For facilities subject to the provisions of this section and for which there is no presumptive RACT definition, the owners shall, by the notification dates specified in Table 4-51E, (i) notify the board of their applicability status, (ii) commit to making a determination as to what constitutes RACT for the facilities, and (iii) provide a schedule acceptable to the board for making this determination and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance dates specified in Table 4-51E.

E. For facilities subject to the provisions of this section and for which there is a presumptive RACT definition, the owners shall, by the notification dates specified in Table 4-51F, (i) notify the board of their applicability status, (ii) commit to accepting the presumptive RACT emission limits as RACT for the applicable facilities or to submitting a demonstration as provided in subsection B of this section, and (iii) provide a schedule acceptable to the board for submitting the demonstration no later than the demonstration dates specified in Table 4-51F and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance dates specified in Table 4-51F.

TABLE 4-51F.
Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which Presumptive RACT is Defined.

Standard

Emissions Control Area

Source Threshold

Notification Date

Demonstration Date

Compliance Date

1997 (0.08 ppm)

Northern Virginia

≥ 100 tpy

March 1, 2007

June 1, 2007

April 1, 2009

2008 (0.075 ppm)

Northern Virginia

≥ 100 tpy

February 1, 2016

February 1, 2016

January 1, 2017

F. Nothing in this article shall exempt any facility subject to the provisions of 9VAC5-40-7410 from being subject to the provisions of this section. The board may reevaluate any RACT determination made under 9VAC5-40-7410 and require compliance with a new RACT determination as necessary to implement this section.

G. Upon the request of the board, the owner of a facility subject to or exempt from the provisions of 9VAC5-40-7410 shall provide such information as the board deems necessary to determine if the facility is subject to this section.

Statutory Authority

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

Historical Notes

Derived from Volume 23, Issue 05, eff. December 15, 2006; amended, Virginia Register Volume 26, Issue 08, eff. January 20, 2010; Volume 32, Issue 05, eff. December 2, 2015.

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