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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 540. Emergency Generator General Permit
12/21/2024

9VAC5-540-40. Applicability.

A. This chapter applies to each affected unit (i) for which construction, modification, or operation is commenced on or after August 17, 2011; (ii) that does not meet the permit exemption thresholds of 9VAC5-80-1320 B 2 b, 9VAC5-80-1320 C 1, or 9VAC5-1320 D 1; and (iii) that meets the requirements of this subsection.

1. For CI units, located in an attainment area with an aggregate rated electrical power output identified in Table I:

Table I
Aggregate Rated Electrical Power Output For CI Units in an Attainment Area

Affected Unit Size
kW (bhp)

With a Displacement of: (liters/cylinder)

With a Model Year of:

x ≤ 6,906 (9,261)

Less than 10

2010

x ≤ 8,472 (11,361)

Less than 10

2011+

x ≤ 8,146 (10,924)

10.0 ≤ x < 15.0

2010+

2. For CI units, located in a nonattainment area with an aggregate rated electrical power output identified in Table II:

Table II
Aggregate Rated Electrical Power Output For CI Units in a Nonattainment Area

Affected Unit Size
kW (bhp)

With a Displacement of: (liters/cylinder)

With a Model Year of:

x ≤ 3,850 (5,163)

Less than 10

2010

x ≤ 4,722 (6,332)

Less than 10

2011+

x ≤ 4,540 (6,088)

10.0 ≤ x < 15.0

2010+

3. For SI units located in an attainment area with an aggregate rated electrical power output less than or equal to 23,535 kW (31,560 bhp).

4. For SI units located in a nonattainment area with an aggregate rated electrical power output less than or equal to 13,115 kW (17,587 bhp).

B. This chapter applies throughout the Commonwealth of Virginia.

C. The following affected unit or units shall not be eligible for this general permit:

1. Any affected unit that is subject to the provisions of the major new source review program as defined in this chapter.

2. Any affected unit that operates during nonemergency conditions for purposes other than required maintenance and operability testing (including but not limited to peak shaving, demand response, or as part of any other interruptible power supply arrangement with a power provider, other market participant, or system operator).

Statutory Authority

§§ 10.1-1307.2 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 23, eff. August 17, 2011; Errata, 27:25 VA.R. 2730 August 15, 2011; Errata, 28:14 VA.R. 1283 March 12, 2012.

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