Virginia Law

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 9VAC5-80-1105 B 2 b, C 1, or 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:

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

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. Any emergency generation unit, whether or not located on a military installation as defined in § 15.2-2201 of the Code of Virginia, that has been certified in accordance with 9VAC5-20-230 by the U.S. Department of Defense or relevant branch of the U.S. Armed Forces to the department as mission-critical and essential to the defense of the United States may operate up to 50 hours per year for non-emergency purposes, including planned outages and switch gear and related electrical system testing. Such non-emergency operation shall be consistent with the requirements for emergency engines pursuant to 40 CFR 60.4211(f)(3), 40 CFR 60.4243(d)(3), and 40 CFR 63.6640(f)(3) and (4). Operation for the purposes identified in clause (i) of the definition of emergency generation unit in 9VAC5-540-20 shall not count against the 50 hours per year non-emergency operating allowance provided by this section. Each owner of such emergency generation unit, whether or not located on a military installation as defined in § 15.2-2201 of the Code of Virginia, shall maintain a copy of each certification, or revision thereof, submitted to the department in accordance with 9VAC5-40-50 or 9VAC5-50-50, as applicable. In accordance with 9VAC5-20-230, any certification shall be revised and submitted to the department upon a determination that the provisions of this section no longer apply. These certifications shall be maintained for the life of each applicable emergency generator.

C. This chapter applies throughout the Commonwealth of Virginia.

D. 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 non-emergency conditions for purposes other than required maintenance , operability testing, and emissions testing or as provided by subsection B of this section for certified emergency generation units (including peak shaving, demand response, or as part of any other interruptible power supply arrangement with a power provider, other market participant, or system operator). An electric generating unit that operates during non-emergency conditions subject to the provisions of subsection B of this section is not prohibited from obtaining a general permit.