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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 60. Hazardous Air Pollutant Sources
11/21/2024

9VAC5-60-92. Federal Hazardous Air Pollutant Program.

The Environmental Protection Agency (EPA) Hazardous Air Pollutant Program as promulgated in § 112 of the federal Clean Air Act is incorporated by reference into the regulations of the board to the extent that the provisions of 40 CFR Part 63 are incorporated by reference into this article. The following provisions govern implementation of the federal Hazardous Air Pollutant Program.

1. For the purposes of the federal Hazardous Air Pollutant Program, a hazardous air pollutant is any air pollutant listed in § 112(b) of the federal Clean Air Act, as amended by Subpart C of 40 CFR Part 63. The specific version of Subpart C adopted by reference shall be that contained in the CFR specified in 9VAC5-60-90.

2. For the purposes of the federal Hazardous Air Pollutant Program, the source category schedule for standards is the schedule issued pursuant to § 112(e) of the federal Clean Air Act for promulgating the standards issued pursuant to § 112(d) of the federal Clean Air Act and promulgated in 40 CFR Part 63. The specific schedule adopted by reference shall be that promulgated on February 12, 2002 (67 FR 6521).

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 VR120-06-0101, eff. April 1, 1988; amended, Virginia Register Volume 12, Issue 3, eff. December 1, 1995; Volume 13, Issue 14, eff. May 1, 1997; Volume 14, Issue 11, eff. April 1, 1998; Volume 15, Issue 13, eff. April 14, 1999; Virginia Register Volume 16, Issue 14, eff. May 1, 2000; Volume 17, Issue 15, eff. June 1, 2001; Volume 18, Issue 7, eff. February 1, 2002; Volume 19, Issue 6, eff. February 1, 2003; Volume 20, Issue 16, eff. June 1, 2004; Volume 21, Issue 7, eff. January 12, 2005; Volume 22, Issue 4, eff. December 1, 2005; Volume 23, Issue 17, eff. June 1, 2007; Volume 24, Issue 5, eff. December 12, 2007; Volume 25, Issue 12, eff. March 18, 2009; Volume 26, Issue 8, eff. January 20, 2010; Volume 27, Issue 11, eff. March 2, 2011; Volume 28, Issue 10, eff. February 15, 2012; Volume 29, Issue 10, eff. February 13, 2013; Volume 30, Issue 10, eff. July 1, 2014; Volume 31, Issue 12, eff. March 11, 2015; Volume 32, Issue 10, eff. February 10, 2016; Volume 33, Issue 10, eff. February 22, 2017; Volume 34, Issue 11, eff. February 21, 2018; Volume 35, Issue 11, eff. February 20, 2019; Volume 36, Issue 12, eff. March 4, 2020; Volume 37, Issue 4, eff. November 11, 2020.

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