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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 40. Existing Stationary Sources
12/31/2024

9VAC5-40-7550. Applicability and designation of affected facility.

Article 52
Emission Standards for Stationary Sources Subject to Case-by-Case BART Determinations

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each BART-eligible source that emits any air pollutant that may reasonably be anticipated to cause or contribute to any impairment of visibility in any mandatory federal class I area.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

C. Exempted from the provisions of this article are the following:

1. Any BART-eligible source with the potential to emit less than 40 tons per year of SO2 or NOX, or less than 15 tons per year of PM10.

2. Any existing stationary facility subject to the requirement under 9VAC5-40-7580 to install, operate, and maintain BART for which the board has granted an exemption in accordance with 9VAC5-40-7560 or for which the administrator has granted an exemption under 40 CFR 51.303 with which the board concurs.

3. The provisions of this article do not apply to sources subject to Part IV (9VAC5-140-3010 et seq.) of 9VAC5-140, Regulation for Emissions Trading.

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 Virginia Register Volume 23, Issue 21, eff. August 1, 2007.

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