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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 40. Existing Stationary Sources
11/23/2024

9VAC5-40-7560. Exemptions from control.

A. Any existing stationary facility subject to the requirement to install, operate, and maintain BART may apply to the board for an exemption from that requirement. An application under this subsection shall include all available documentation relevant to the impact of the source's emissions on visibility in any mandatory federal class I area and a demonstration by the existing stationary facility that it does not or will not, by itself or in combination with other sources, emit any air pollutant that may be reasonably anticipated to cause or contribute to a significant impairment of visibility in any mandatory federal class I area.

B. Any fossil-fuel fired power plant with a total generating capacity of 750 megawatts or more may receive an exemption from BART only if the owner demonstrates to the satisfaction of the board that the power plant is located at such a distance from all mandatory federal class I areas that it does not or will not, by itself or in combination with other sources, emit any air pollutant that may reasonably be anticipated to cause or contribute to significant impairment of visibility in any such mandatory federal class I area.

C. The existing stationary facility shall give prior written notice to all affected federal land managers of any application for exemption under this section. The federal land manager may provide an initial recommendation or comment on the disposition of such application. Such recommendation, where provided, must be part of the exemption application. This recommendation is not to be construed as the concurrence required under subsection D of this section. The board, within 90 days of receipt of an application for exemption from control, will provide notice of receipt of an exemption application and notice of opportunity for public hearing on the application. After notice and opportunity for public hearing, the board may grant or deny the exemption.

D. An exemption granted by the board will be effective only upon concurrence by all affected federal land managers and the administrator with the board's determination.

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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