Virginia Law

"Agricultural processed co-products" means residual plant materials or products extracted from plant materials. This does not include products created as a result of a chemical reaction in which the plant materials have been intentionally chemically altered such as, but not limited to, biodiesel or glycerin.

"Biomass" means organic material that is available on a renewable or recurring basis, including:

1. Forest-related materials, including uncontaminated mill residues, logging residues, forest thinning, slash, brush, low-commercial value materials or undesirable species, and woody material harvested for the purpose of forest fire fuel reduction or forest health and watershed improvement;

2. Agricultural-related materials, including orchard trees, vineyard, grain or crop residues, including straws, aquatic plants and agricultural processed co-products and waste products, including fats, oils, greases, whey, and lactose;

3. Animal waste, including manure and slaughterhouse and other animal processing waste;

4. Solid woody waste materials, including landscape trimmings, waste pallets, crates and manufacturing, construction, and demolition wood wastes, excluding pressure-treated, chemically treated or painted wood wastes, and wood contaminated with plastic;

5. Crops and trees planted for the purpose of being used to produce energy;

6. Landfill gas, wastewater treatment gas, and biosolids, including organic waste byproducts generated during the wastewater treatment process; and

7. Municipal solid waste, excluding tires and medical and hazardous waste.

"Biomass pilot test facility" means a facility that (i) is being operated using biomass as a fuel to obtain emissions testing data in order to determine if a source is subject to any new source review permit program, and (ii) includes the qualified energy generator and any fuel preparation, storage, and handling emission units.

"Biosolids" means a sewage sludge that has received an established treatment for required pathogen control and is treated or managed to reduce vector attraction to a satisfactory level and contains acceptable levels of pollutants, such that it is acceptable for use for land application, marketing, or distribution in accordance with 9VAC25-32 (Virginia Pollution Abatement Permit Program Regulation).

"Clean wood" means uncontaminated natural wood. Clean wood includes, but is not limited to, byproducts of harvesting activities conducted for forest management or commercial logging, or uncontaminated mill residues consisting of bark, chips, edgings, sawdust, shavings, or slabs. It does not include wood that has been treated with glues, binders, or resins.

"Construct and test" means to construct a biomass pilot test facility and associated equipment including a qualified energy generator, and to then conduct appropriate testing in accordance with 9VAC5-520-180 in order to determine the uncontrolled emissions rate from the facility. If the facility is determined to be exempt from all new source review permit programs in accordance with 9VAC5-520-170, the biomass pilot test facility may continue to operate in accordance with the terms and conditions of 9VAC5-520-180 J 2.

"Construction wood waste" means solid wood waste that is produced or generated during construction, renovation, remodeling, or repair of houses, commercial buildings, and other structures.

"Contaminated" means, in reference to wood, wood products, or wood residues, those that are painted, pigment-stained, chemically treated (other than with fungicide, glue, binder or resin), or pressure-treated with preservative compounds including, but not limited to, chromate copper arsenate, pentachlorophenol, or creosote.

"Criteria pollutants" means any pollutant for which an ambient air quality standard is established under 9VAC5-30 (Ambient Air Quality Standards).

"Demolition wood waste" means solid woody waste resulting from the destruction of structures and includes the same materials as construction wood waste.

"Exempt facility" means a biomass pilot test facility that has uncontrolled emissions below the permit emissions threshold values in 9VAC5-520-170 and is not required to obtain any new source review permit but must operate according to the terms and conditions set forth in 9VAC5-520-180 J 2.

"Garbage" means readily putrescible discarded materials composed of animal, vegetable, or other organic matter.

"General permit" means, for a biomass pilot test facility, the terms and conditions in Part IV (9VAC5-520-160 et seq.) of this chapter that meet the requirements of Part II (9VAC5-520-30 et seq.) and Part III (9VAC5-520-90 et seq.) of this chapter and issued under the provisions of 9VAC5-80-1250.

"Hazardous waste" means a hazardous waste as defined in 9VAC20-60 (Hazardous Waste Management Regulations) or 40 CFR Part 261.

"Landfill" means a sanitary landfill, an industrial waste landfill, or a construction/demolition/debris landfill as defined in Part I (9VAC20-80-10 et seq.) of 9VAC20-80 (Solid Waste Management Regulations).

"Landscape trimmings" means trees, tree branches, bushes, shrubs, and clippings from tree branches, bushes, and shrubs that come from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. Landscape trimmings do not include collected leaves, grass, or grass clippings.

"Major new source review (NSR) permit" means a permit issued under the major new source review program.

"Major new source review (major NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of §§ 112, 165, and 173 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 3 (9VAC5-80-360 et seq.), Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.), and Article 9 (9VAC5-80-2000 et seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources).

"Manufacturing wood waste" means uncontaminated solid woody waste and wood residue that is generated by one or more manufacturing processes. Such waste includes, but is not limited to, bark, sawdust, chips, scraps, slabs, millings, and shavings, but does not include process waste, byproduct, or co-product in which the wood or residue has been chemically treated, such as that resulting from pulp and paper production or from cellulose production.

"Minor new source review (NSR) permit" means a permit issued under the minor new source review program.

"Minor new source review (minor NSR) program" means a preconstruction review and permit program (i) for regulated air pollutants from new stationary sources or projects that are not subject to review under the major new source review program, (ii) established to implement the requirements of §§ 110(a)(2)(C) and 112 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 6 (9VAC5-80-1100 et seq.) of Part II of this chapter. The minor NSR program may also be used to implement the terms and conditions designated as state-only enforceable; however, those terms and conditions shall not be applicable federal requirements.

"Municipal solid waste" means household, commercial/retail, or institutional waste. Household waste includes garbage, trash, and refuse discarded by residential dwellings, hotels, motels, and other similar permanent or temporary housing. Commercial/retail waste includes all solid waste discarded by stores, offices, restaurants, warehouses, nonmanufacturing activities at industrial facilities, and other similar establishments or facilities. Institutional waste includes materials discarded by schools, hospitals (nonmedical), nonmanufacturing activities at prisons and government facilities, and other similar establishments or facilities. Household, commercial/retail, and institutional waste does include yard waste. Household, commercial/retail, and institutional waste does not include used oil, sewage sludge, wood pallets, construction and demolition wastes, clean wood, industrial process or manufacturing wastes, medical waste, or motor vehicles (including motor vehicle parts or vehicle fluff).

"New source review (NSR) permit" means a permit issued under the new source review program.

"New source review (NSR) program" means a preconstruction review and permit program (i) for new stationary sources or modifications (physical changes or changes in the method of operation); (ii) established to implement the requirements of §§ 110(a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165 (relating to permits in prevention of significant deterioration areas), and 173 (relating to permits in nonattainment areas) of the federal Clean Air Act and associated regulations; and (iii) codified in Article 6 (9VAC5-80-1100 et seq.), Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.), and Article 9 (9VAC5-80-2000 et seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources).

"Nitrogen oxides" or "NO_X" means all oxides of nitrogen except nitrous oxide, as measured by the applicable reference method, or an equivalent or alternative method.

"Particulate matter" or "PM" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.

"Particulate matter (PM) emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by the applicable reference method or an equivalent or alternative method.

"Permit emission thresholds" means the value at which a permitting applicability determination can be made for a biomass pilot test facility based upon the quantity of emissions from that facility in accordance with the requirements of 9VAC5-520-170.

"Permittee" means the owner of an affected emissions unit covered under the general permit.

"PM_2.5" means fine particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by the applicable reference method or an equivalent method.

"PM_2.5 emissions" means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers emitted to the ambient air as measured by the applicable reference method or an equivalent or alternative method.

"PM₁₀" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by the applicable reference method or an equivalent method.

"PM₁₀ emissions" means finely divided solid or liquid material with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by the applicable reference method or an equivalent or alternative method.

"Postmark" means an official mark on a piece of mail or date mark on electronic communications that records the date and place of mailing or origination of an electronic communication.

"Potential to emit" means an emission rate based on the maximum capacity of a biomass pilot test facility to emit a toxic pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the facility to emit a toxic pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or its effect on emissions is state or federally enforceable. Fugitive emissions shall be included in determining a biomass pilot test facility's potential to emit.

"Qualified energy generator" means a commercial facility located in the Commonwealth (i) with the capacity annually to generate no more than five megawatts (MW) of electricity, or that produces the equivalent amount of energy in the form of fuel, steam, or other energy product; (ii) that is generated or produced solely from biomass; and (iii) that is sold to an unrelated person or stationary source or used in a manufacturing process. For the purposes of this chapter the phrase "capacity annually to generate no more than 5 MW of electricity" shall mean a nameplate capacity equal to or less than 5 MW that is operated in conjunction with a biomass pilot test facility.

"Reasonable time" means business operating hours unless in response to a complaint.

"Reference method" means any method of sampling and analyzing for an air pollutant as described in the following EPA regulations:

1. For ambient air quality standards in 9VAC5-30 (Ambient Air Quality Standards): The applicable appendix of 40 CFR Part 50 or any method that has been designated as a reference method in accordance with 40 CFR Part 53, except that it does not include a method for which a reference designation has been canceled in accordance with 40 CFR 53.11 or 40 CFR 53.16.

2. For emission standards in 9VAC5-40 (Existing Stationary Sources) and 9VAC5-50 (New and Modified Stationary Sources): Appendix M of 40 CFR Part 51 or Appendix A of 40 CFR Part 60.

3. For emission standards in 9VAC5-60 (Hazardous Air Pollutant Sources): Appendix B of 40 CFR Part 61 or Appendix A of 40 CFR Part 63.

"Refuse" means all solid waste products having the characteristics of solids rather than liquids and that are composed wholly or partially of materials such as garbage, trash, rubbish, litter, residues from clean up of spills or contamination, or other discarded materials.

"Solid woody waste" means waste consisting of uncontaminated wood and wood product, including tree stumps, trees, or tree limbs (any of which may be whole or cut). Solid woody waste does not include wood or wood products mixed with soil or other nonwood materials such as plastic, metal, cement, or mineral fibers.

"Sulfur dioxide" or "SO₂" means a colorless gas at standard conditions having a molecular composition of one sulfur atom and two oxygen atoms as measured by the applicable reference method or an equivalent or alternative method.

"Uncontrolled emissions or uncontrolled emissions rate" means the emission rate from an emissions unit when operating at maximum capacity without air pollution control equipment. Air pollution control equipment includes control equipment that is not vital to its operation, except that its use enables the owner to conform to applicable air pollution control laws and regulations. Annual uncontrolled emissions shall be based on the maximum annual rated capacity (based on 8,760 hours of operation per year) of the emissions unit, unless the emissions unit or stationary source is subject to state and federally enforceable permit conditions that limit the annual hours of operation. Enforceable permit conditions on the type or amount of material combusted, stored, or processed may be used in determining the uncontrolled emission rate of an emissions unit or stationary source. The uncontrolled emission rate of a stationary source is the sum of the uncontrolled emission rates of the individual emissions units. Secondary emissions do not count in determining the uncontrolled emission rate of a stationary source.

"Volatile organic compound" or "VOC" means volatile organic compound as defined in 9VAC5-10.

"Wood product" means manufactured wood such as plywood, particleboard, fiberboard, hardboard, oriented strand board, and engineered structural products made from clean wood with or without glue, binder, or resin. Wood product does not include products made with other nonwood materials such as plastic, metal, cement, or mineral fibers.

"Wood residue" means, in reference to logging, manufacturing or milling processes, woody waste that is generated by the cutting, chipping, grinding, shaping, or smoothing of wood or wood products. Wood residue includes bark, chips, edging sawdust, shavings, or slabs and may include small amounts of glue, binder, or resin from wood products. Wood residue does not include woody waste mixed with soil or other nonwood materials such as plastic, metal, cement, or mineral fibers.

"Yard waste" means collected leaves, grass, grass clippings, bushes, or shrubs, and clippings from bushes and shrubs that come from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. Yard waste does not include (i) construction, renovation, and demolition wastes or (ii) clean wood.