Virginia Law

Chapter 40. Existing Stationary Sources

Part I
Special Provisions

9VAC5-40-10. Applicability.

A. The provisions of this chapter, unless specified otherwise, shall apply to existing sources for which emission standards are prescribed under this chapter.

B. The provisions of this chapter shall not apply to sources specified below except in cases where the provisions of this chapter (i) specifically provide otherwise or (ii) are more restrictive than the provisions of 9VAC5-50, 9VAC5-80, or any permit issued pursuant to 9VAC5-80. Sources exempted under this subsection shall be subject to the provisions of 9VAC5-50 or 9VAC5-60, or both, as applicable.

1. Any stationary source (or portion of it), the construction, modification or relocation of which commenced on or after March 17, 1972.

2. Any stationary source (or portion of it), the reconstruction of which commenced on or after December 10, 1976.

C. If a facility becomes subject to any requirement in the Regulations for the Control and Abatement of Air Pollution because it exceeds an exemption level, the facility shall continue to be subject to all applicable requirements even if future conditions cause the facility to fall below the exemption level.

D. Any owner subject to the provisions of this chapter may provide any report, notification or other document by electronic media if acceptable to both the owner and board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-01, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002; Volume 40, Issue 14, eff. April 11, 2024.

9VAC5-40-20. Compliance.

A. Ninety days after the effective date of any emission standard prescribed under this chapter, no owner or other person shall operate any existing source in violation of such standard.

1. Compliance with standards in this chapter, other than opacity standards, shall be determined by emission tests established by 9VAC5-40-30, unless specified otherwise in the applicable standard.

2. Compliance with federal requirements in this chapter may be determined by alternative or equivalent methods only if approved by the administrator. For purposes of this subsection, federal requirements consist of the following:

a. New source performance standards established pursuant to § 111 of the federal Clean Air Act.

b. All terms and conditions in a federal operating permit, including any provisions that limit a source's potential to emit, unless expressly designated as not federally enforceable.

c. Limitations and conditions that are part of an implementation plan.

d. Limitations and conditions that are part of a section 111(d) or section 111(d)/129 plan.

e. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51.

f. Limitations and conditions that are part of an operating permit issued pursuant to a program approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for EPA and public comment prior to issuance of the final permit and practicable enforceability.

3. Compliance with opacity standards in this chapter may be determined by one or more of the following means:

a. Conducting observations in accordance with Reference Method 9 or any alternative method approved by EPA. For purposes of determining initial compliance, the minimum total time of observations shall be three hours (30 six-minute averages) for the emission test or other set of observations (meaning those fugitive-type emission sources subject only to an opacity standard). Opacity readings of portions of plumes which contain condensed, uncombined water vapor shall not be used for purposes of determining compliance with opacity standards.

b. Evaluation of data resulting from use of continuous monitoring by transmissometer, provided the instrument used meets Performance Specification 1 in Appendix B of 40 CFR Part 60 and has been properly maintained and that the resulting data have not been altered in any way.

c. Use of any other method approved by EPA.

4. The opacity standards prescribed under this chapter shall apply at all times except during periods of startup, shutdown, malfunction, and as otherwise provided in the applicable standard. This exception shall not apply to the following federal requirements:

a. Limitations and conditions that are part of an implementation plan.

b. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51.

c. Limitations and conditions that are part of an operating permit issued pursuant to a program approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for EPA and public comment prior to issuance of the final permit and practicable enforceability.

B. No owner of an existing source subject to the provisions of this chapter shall fail to conduct emission tests as required under this chapter.

C. No owner of an existing source subject to the provisions of this chapter shall fail to install, calibrate, maintain and operate equipment for continuously monitoring and recording emissions or process parameters or both as required under this chapter.

D. No owner of an existing source subject to the provisions of this chapter shall fail to provide notifications and reports, revise reports, maintain records or report emission test or monitoring results as required under this chapter.

E. At all times, including periods of startup, shutdown, soot blowing and malfunction, owners shall, to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistent with air pollution control practices for minimizing emissions. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the board, which may include, but is not limited to, monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source.

F. At all times the disposal of volatile organic compounds shall be accomplished by taking measures, to the extent practicable, consistent with air pollution control practices for minimizing emissions. Volatile organic compounds shall not be intentionally spilled, discarded in sewers which are not connected to a treatment plant, or stored in open containers or handled in any other manner that would result in evaporation beyond that consistent with air pollution control practices for minimizing emissions.

G. The following provisions apply with respect to demonstrating compliance with opacity standards.

1. For the purpose of demonstrating initial compliance, opacity observations shall be conducted concurrently with the initial emission test unless one of the following conditions apply:

a. If no emission test is required, then opacity observations shall be conducted within 60 days after achieving the maximum production rate at which the affected facility will be operated but no later than 180 days after the compliance date.

b. If visibility or other conditions prevent the opacity observations from being conducted concurrently with the initial emission test, the owner shall reschedule the opacity observations as soon after the initial emission test as possible, but not later than 30 days thereafter, and shall advise the board of the rescheduled date. In these cases, the 30-day prior notification to the board required by 9VAC5-40-50 A 3 shall be waived. The rescheduled opacity observations shall be conducted (to the extent possible) under the same operating conditions that existed during the initial emission test. The visible emissions observer shall determine whether visibility or other conditions prevent the opacity observations from being made concurrently with the initial emission test in accordance with procedures contained in Reference Method 9.

Opacity readings of portions of plumes which contain condensed, uncombined water vapor shall not be used for purposes of determining compliance with opacity standards. The owner of an affected facility shall make available, upon request by the board, such records as may be necessary to determine the conditions under which the visual observations were made and shall provide evidence indicating proof of current visible observer emission certification. The results of continuous monitoring by transmissometer which indicate that the opacity at the time visual observations were made was not in excess of the standard are probative but not conclusive evidence of the actual opacity of an emission, provided the source meets the burden of proving that the instrument used meets (at the time of the alleged violation) Performance Specification 1 in Appendix B of 40 CFR Part 60 and has been properly maintained and (at the time of the alleged violation) that the resulting data have not been altered in any way.

2. Except as provided in subdivision 3 of this subsection, the owner of an affected facility to which an opacity standard in this chapter applies shall conduct opacity observations in accordance with subdivision A 3 of this section, shall record the opacity of emissions, and shall report to the board the opacity results along with the results of the initial emission test. The inability of an owner to secure a visible emissions observer shall not be considered a reason for not conducting the opacity observations concurrent with the initial emission test.

3. The owner of an affected facility to which an opacity standard in this chapter applies may request the board to determine and to record the opacity of emissions from the affected facility during the initial emission test and at such times as may be required. The owner of the affected facility shall report the opacity results. Any request to the board to determine and to record the opacity of emissions from an affected facility shall be included in the notification required in 9VAC5-40-50 A 3. If, for some reason, the board cannot determine and record the opacity of emissions from the affected facility during the emission test, then the provisions of subdivision 1 of this subsection shall apply.

4. An owner of an affected facility using a continuous opacity monitor (transmissometer) shall record the monitoring data produced during the initial emission test and shall furnish the board a written report of the monitoring results along with the Reference Method 9 and initial emission test results.

H. The following provisions apply with respect to new or more stringent emission standards:

1. The following provisions apply with respect to emission standards for volatile organic compounds:

a. In the case of any emission standard for volatile organic compounds adopted by the board which is more stringent than the emission standard for the source in effect prior to such adoption, if any, or where there was no emission standard, the source shall not be considered in violation of the newly adopted emission standard provided that the owner accomplishes the following:

(1) Complies with the emission standard as expeditiously as possible but in no case later than one year after the effective date of the emission standard.

(2) Within one month of achieving compliance, notifies the board of same.

(3) Within six months of achieving compliance, demonstrates to the satisfaction of the board compliance with the emission standard.

b. The reprieve provided by subdivision 1 a of this subsection shall only apply in cases where it is necessary for the owner to:

(1) Install emission control equipment or other equipment that alters the facility in order to comply with the emission standard; or

(2) Switch fuel or raw materials or both in order to comply with the emission standard.

c. Owners of sources not in compliance with the newly adopted emission standard, but in compliance with the provisions of subdivision 1 a of this subsection shall not be subject to any penalties for violation of the newly adopted emission standard that may be required by the Virginia Air Pollution Control Law.

d. Any reprieve from the sanctions of any provision of the Virginia Air Pollution Control Law pursuant to subdivision 1 a of this subsection shall not extend beyond the date by which compliance is to be achieved.

e. Nothing in subdivision 1 a of this subsection shall prevent the board from promulgating a separate compliance schedule for any source if the board finds that it is technologically infeasible or it is infeasible due to the nonavailability of necessary equipment or materials or other circumstances beyond the owner's control for the source to achieve compliance within one year of the effective date of an emission standard.

f. All compliance schedules proposed or prescribed under this section shall provide for compliance with the applicable emission standards as expeditiously as practicable.

g. Any compliance schedule approved under this subsection may be revoked at any time if the source owner does not meet the stipulated increments of progress, and if the failure to meet an increment is likely to result in failure to meet the date for final compliance, and the failure to meet the increment is due to causes within the owner's control.

2. The following provisions apply with respect to emission standards for pollutants other than volatile organic compounds:

a. In the case of any emission standard adopted by the board which is more stringent than the emission standard for the source in effect prior to such adoption, if any, or where there was no emission standard, the source shall not be considered in violation of the newly adopted emission standard provided that the owner accomplishes the following:

(1) Submits in a form and manner satisfactory to the board, a control program showing how compliance shall be achieved within the time frame in the applicable compliance schedule prescribed under 9VAC5-40-21; or, where no applicable compliance schedule is prescribed under 9VAC5-40-21, how compliance shall be achieved as expeditiously as possible; but in no case later than three years after the effective date of such emission standard.

(2) Receives approval of the board of such control program.

(3) Complies with all provisions, terms and conditions of the control program including the increments of progress.

b. The reprieve provided by subdivision 2 a of this subsection shall only apply in cases where it is necessary for the owner to:

(1) Install emission control equipment or other equipment that alters the facility in order to comply with the emission standard; or

(2) Switch fuel or raw materials or both in order to comply with the emission standard.

c. Owners of sources not in compliance with the newly adopted emission standard, but in compliance with the provisions of subdivision 2 a of this subsection shall not be subject to any penalties for violation of the newly adapted emission standard that may be required by the Virginia Air Pollution Control Law.

d. Any reprieve from the sanctions of any provision of the Virginia Air Pollution Control Law pursuant to subdivision 2 a of this subsection shall not extend beyond the date, specified in the emission standard or approved control program, by which compliance is to be achieved.

e. Control programs submitted under the provisions of subdivision 2 a of this subsection shall be processed in accordance with the provisions of 9VAC5-20-170. However, if the control program contains a compliance schedule which conforms to the applicable schedule prescribed in 9VAC5-40-21, the public hearing provision of 9VAC5-20-170 shall not apply.

f. Nothing in this section shall prevent the board from promulgating a separate compliance schedule for any source if the board finds that the application of a compliance schedule in 9VAC5-40-21 is technologically infeasible, or if the board finds that the application of a compliance schedule in 9VAC5-40-21 is infeasible due to the nonavailability of necessary equipment or materials or other circumstances beyond the owner's control.

g. Nothing in this section shall prevent the owner of a source subject to a compliance schedule in 9VAC5-40-21 from submitting to the board a proposed alternative compliance schedule provided the following conditions are met:

(1) The proposed alternative compliance schedule is submitted within six months of the effective date of the emission standard;

(2) The final control plans for achieving compliance with the applicable emission standard are submitted simultaneously;

(3) The alternative compliance schedule contains the same increments of progress as the schedule for which it is proposed as an alternative; and

(4) Sufficient documentation is submitted by the owner of the source to justify the alternative dates proposed for the increments of progress.

h. All compliance schedules proposed or prescribed under this section shall provide for compliance with the applicable emission standards as expeditiously as practicable.

i. Any compliance schedule approved under this subsection may be revoked at any time if the source owner does not meet the stipulated increments of progress, and if the failure to meet an increment is likely to result in failure to meet the date for final compliance, and the failure to meet the increment is due to causes within the owner's control.

j. The provisions of 9VAC5-40-21 shall not apply to owners of sources which are in compliance with the applicable emission standard and for which the owners have determined and certified compliance to the satisfaction of the board within 12 months of the effective date of the applicable emission standard.

I. The following provisions apply with respect to stack heights:

1. The degree of emission limitation required of any source owner for control of any air pollutant shall not be affected in any manner by:

a. So much of the stack height of any source as exceeds good engineering practice; or

b. Any other dispersion technique.

2. The provisions of subdivision 1 of this subsection shall not apply to:

a. Stack heights in existence, or dispersion techniques implemented on or before December 31, 1970, except where pollutants are being emitted from such stacks or using such dispersion techniques by sources, as defined in § 111(a)(3) of the federal Clean Air Act, which were constructed, or reconstructed, or for which major modifications, as defined in Article 8 (9VAC5-80-1700 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of Part II of 9VAC5 Chapter 80, were carried out after December 31, 1970; or

b. Coal-fired steam electric generating units subject to the provisions of § 118 of the federal Clean Air Act, which commenced operation before July 1, 1957, and whose stacks were constructed under a construction contract awarded before February 8, 1974.

3. Prior to the adoption of a new or revised emission limitation that is based on a good engineering practice stack height that exceeds the height allowed by subdivision 1 or 2 of the GEP definition, the board shall notify the public of the availability of the demonstration study and shall provide the opportunity for public hearing on it.

4. For purposes of this subsection, such height shall not exceed the height allowed by subdivision 1 or 2 of the GEP definition unless the owner demonstrates to the satisfaction of the board, after 30 days notice to the public and opportunity for public hearing, that a greater height is necessary as provided under subdivision 3 of the GEP definition.

5. In no event may the board prohibit any increase in any stack height or restrict in any manner the maximum stack height of any source.

6. Compliance with emission standards in this chapter shall not be affected in any manner by the stack height of any source or any other dispersion technique.

J. For the purpose of submitting compliance certifications or establishing whether or not a person has violated or is in violation of any standard in this chapter, nothing in this chapter shall preclude the use, including the exclusive use, of any credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements if the appropriate emission or compliance test or procedure had been performed.

§ 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 VR120-04-02, eff. July 1, 1986; amended, Virginia Register Volume 7, Issue 14, eff. July 1, 1991; Volume 18, Issue 21, eff. August 1, 2002; Volume 24, Issue 5, eff. December 12, 2007.

9VAC5-40-21. Compliance schedules.

A. The provisions of this section are a supplement to and shall be applied in context with the provisions of 9VAC5-40-20 H 2.

B. Compliance by process and emission control equipment installations.

1. Owners proposing to comply with an emission standard by the installation and operation of emission control equipment or replacement process equipment or both shall adhere to the increments of progress contained in the following schedule:

a. Final plans for the installation and operation of emission control equipment or process equipment or both shall be submitted within six months of the effective date of the applicable emission standard.

b. Contracts for the installation of emission control equipment or process equipment shall be awarded, or orders shall be issued for purchase of component parts to accomplish installation, within 16 months of the effective date of the applicable emission standard.

c. Initiation of on-site construction for the installation of the emission control equipment or process equipment or both shall begin within 22 months of the effective date of the applicable emission standard.

d. On-site construction or installation of the emission control equipment or process equipment or both shall be completed within 30 months of the effective date of the applicable emission standard.

e. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 32 months of the effective date of the applicable emission standard.

2. Owners of sources subject to the compliance schedule in subdivision 1 of this subsection shall certify to the board within five days after deadline for each increment of progress, whether the required increment of progress has been met.

C. Compliance by process equipment modification.

1. Owners proposing to comply with an emission standard by the modification of existing processing equipment shall adhere to the increments of progress contained in the following schedule.

a. Final plans for the process equipment modification shall be submitted within six months of the effective date of the applicable emission standard.

b. Contracts for the process equipment modification shall be awarded, or orders shall be issued for the purchase of component parts to accomplish the process equipment modification, within 15 months of the effective date of the applicable emission standard.

c. Initiation of on-site construction for the modification of the process equipment shall begin within 18 months of the effective date of the emission standard.

d. On-site construction or installation of process modifications shall be completed within 22 months of the effective date of the applicable emission standard.

e. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 24 months of the effective date of the applicable emission standard.

2. Owners of sources subject to the compliance schedule in subdivision 1 of the subsection shall certify to the board within five days after the deadline for each increment of progress, whether the required increment of progress has been met.

D. Compliance by use of process materials modification.

1. Except as provided under subdivision D 3 of this section, owners proposing to comply with an emission standard by the use of new process materials shall adhere to the increments of progress contained in the following schedule:

a. Final plans for the use of new process materials shall be submitted within six months of the effective date of the applicable emission standard.

b. Research and development of new process materials shall be completed within 18 months of the effective date of the applicable emission standard.

c. Evaluation of new process materials product quality and commercial acceptance shall be completed within 24 months of the effective date of the applicable emission standard.

d. Purchase orders shall be issued for new process materials and process modifications within 26 months of the effective date of the applicable emission standard.

e. Initiation of process modifications shall begin within 28 months of the effective date of the applicable emission standard.

f. Process modifications shall be completed and use of new process materials shall begin within 34 months of the effective date of the applicable emission standard.

g. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 36 months of the effective date of the applicable emission standard.

2. Owners of sources subject to the compliance schedule in subdivision D 1 of this section shall certify to the board within five days after the deadline for each increment of progress, whether the required increment of progress has been met.

3. Where the board determines that the use of new process materials has been sufficiently researched and developed for a particular application, owners proposing to comply with an emission standard by the use of new process materials shall adhere to the increments of progress contained in the following schedule:

a. Final plans for the use of new process materials shall be submitted within six months of the effective date of the applicable emission standard.

b. Evaluation of new process materials product quality and commercial acceptance shall be completed within 16 months of the effective date of the applicable emission standard.

c. Purchase orders shall be issued for new process materials and process modifications within 18 months of the effective date of the applicable emission standard.

d. Initiation of process modifications shall begin within 22 months of the effective date of the applicable emission standard.

e. Process modifications shall be completed and use of new process materials shall begin within 30 months of the effective date of the applicable emission standard.

f. Final compliance, determined in accordance with test methods acceptable to the board, shall be achieved within 32 months of the effective date of the applicable emission standard.

4. Owners of sources subject to the compliance schedule in subdivision D 3 of this section shall certify to the board within five days after deadline for each increment of progress, whether the required increment of progress has been met.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

9VAC5-40-22. Interpretation of emission standards based on process weight rate tables.

A. General. Unless otherwise approved by the board, interpretation of emission standards based on process weight rate tables shall be in accordance with this section.

B. Definitions.

1. For the purpose of these regulations and subsequent amendments of any orders issued by the board, the words or terms shall have the meaning given them in subdivision B 3 of this section.

2. As used in this section, all terms not defined here shall have the meaning given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

3. Terms defined.

"Manufacturing operation" means any process operation or combination of physically connected dissimilar process operations which is operated to effect physical or chemical changes, or both, in an article.

"Materials handling equipment" means any equipment used as a part of a process operation or combination of process operations which does not effect a physical or chemical change in the material or in an article, such as, but not limited to, conveyors, elevators, feeders or weighers.

"Physically connected" means any combination of process operations connected by materials handling equipment and designed for simultaneous complementary operation.

"Process operations" means any method, from, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

(1) For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

(2) For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Production rate" means the weight of final product obtained per hour of operation. If the rate of product going to storage can vary, the production rate shall be determined by calculation from the feed rates of raw material.

C. Interpretation of standards.

1. The total process weight rate for each individual process unit at a plant or premises shall be used for determining the maximum allowable emission rate of particulate that passes through a stack or stacks.

2. Unless otherwise specified, the allowable particulate mass emission rate shall be determined for individual units of equipment.

3. Unless otherwise specified or unless an equation is provided, the particulate emission limit above the maximum process weight rate shall be determined by linear interpolation. For interpolation between two values on a process weight rate table the following equation should be used:

where: E = emission rate being calculated.

E_L = emission rate for P_L as determined from the process weight rate table.

E_G = emission rate for P_G as determined from the process weight rate table.

P = process weight rate of the unit.

P_L = process weight rate in the process weight rate table which is closest to but less than the process weight rate of the unit.

P_G = process weight rate listed in the process weight rate table which is closest to but greater than the process weight rate of the unit.

4. Where the nature of any process or design of any equipment is such as to permit more than one interpretation of a regulation, the interpretation that results in the minimum value for allowable emissions shall apply.

5. The following are examples that illustrate how the requirements apply to similar units manifolded to a common stack and a number of process units that are combined in a row. (For the purposes of this illustration an emission rate of 0.551 pounds per hour for a process weight rate of 100 pounds per hour was used.)

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

9VAC5-40-30. Emission testing.

A. Emission tests for existing sources shall be conducted and reported, and data shall be reduced as set forth in this chapter and in the appropriate reference methods unless the board (i) specifies or approves, in specific cases, the use of a reference method with minor changes in methodology; (ii) approves the use of an equivalent method; (iii) approves the use of an alternative method the results of which the board has determined to be adequate for indicating whether a specific source is in compliance; (iv) waives the requirement for emission tests because the owner of a source has demonstrated by other means to the board's satisfaction that the affected facility is in compliance with the standard; or (v) approves shorter sampling times and smaller sample volumes when necessitated by process variables or other factors. In cases where no appropriate reference method exists for an existing source subject to an emission standard for volatile organic compounds, the applicable test method in 9VAC5-20-121 may be considered appropriate.

B. Emission testing for existing sources shall be subject to testing guidelines approved by the board. Procedures may be adjusted or changed by the board to suit specific sampling conditions or needs based upon good practice, judgement and experience. When such tests are adjusted, consideration shall be given to the effect of such change on established emission standards. Tests shall be performed under the direction of persons whose qualifications are acceptable to the board.

C. Emission tests for existing sources shall be conducted under conditions which the board shall specify to the owner, based on representative performance of the source. The owner shall make available to the board such records as may be necessary to determine the conditions of the emission tests. Operations during periods of startup, shutdown and malfunction shall not constitute representative conditions for the purpose of an emission test. During the initial emission test, emissions in excess of the level of the applicable emission limit during periods of startup, shutdown, and malfunction shall not be considered a violation of the applicable emission limit unless otherwise specified in the applicable standard.

D. An owner may request that the board determine the opacity of emissions from an existing source during the emission tests required by this section.

E. Each emission test for an existing source shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions acceptable to the board. For the purpose of determining compliance with an applicable standard, the arithmetic mean of the results of the three runs shall apply. In the event that a sample is accidentally lost, or if conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions or other circumstances beyond the owner's control, compliance may, upon the approval of the board, be determined using the arithmetic mean of the results of the two other runs.

F. The board may test emissions of air pollutants from any existing source. Upon request of the board the owner shall provide, or cause to be provided, emission testing facilities as follows:

1. Sampling ports adequate for test methods applicable to such source. This includes (i) constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures and (ii) providing a stack or duct with acceptable flow characteristics during emission tests, as demonstrated by applicable test methods and procedures.

2. Safe sampling platforms.

3. Safe access to sampling platforms.

4. Utilities for sampling and testing equipment.

G. Upon request of the board the owner of any existing source subject to the provisions of this chapter shall conduct emission tests in accordance with procedures approved by the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-03, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002.

9VAC5-40-40. Monitoring.

A. Unless otherwise approved by the board, owners of existing sources specified in the applicable emission standard shall install, calibrate, maintain and operate systems for continuously monitoring and recording emissions of specified pollutants. However, nothing in this chapter shall exempt any owner from complying with subsection F of this section.

B. All continuous monitoring systems and monitoring devices shall be installed and operational by July 5, 1983. Verification of operational status shall, as a minimum, consist of the completion of the conditioning period specified by applicable requirements in Appendix B of 40 CFR Part 60.

C. Within 30 days after the date set forth in subsection B of this section and at such other times as may be requested by the board, the owner of any existing source shall conduct continuous monitoring system performance evaluations and furnish the board within 60 days of them two or, upon request, more copies of a written report of the results of such tests.

D. Unless otherwise approved by the board, all continuous monitoring systems required by subsection A of this section shall be installed, calibrated, maintained and operated in accordance with applicable requirements in this section, 9VAC5-40-41, and the applicable emission standard.

E. After receipt and consideration of written application, the board may approve alternatives to any monitoring procedures or requirements of this chapter including, but not limited to, the following:

1. Alternative monitoring requirements when installation of a continuous monitoring system or monitoring device specified by this chapter would not provide accurate measurements due to liquid water or other interferences caused by substances within the effluent gases.

2. Alternative monitoring requirements when the source is infrequently operated.

3. Alternative monitoring requirements to accommodate continuous monitoring systems that require additional measurements to correct for stack moisture conditions.

4. Alternative locations for installing continuous monitoring systems or monitoring devices when the owner can demonstrate the installation at alternate locations will enable accurate and representative measurements.

5. Alternative methods of converting pollutant concentration measurements to units of the standards.

6. Alternative procedures for computing emission averages that do not require integration of data (e.g., some facilities may demonstrate that the variability of their emissions is sufficiently small to allow accurate reduction of data based upon computing averages from equally spaced data points over the averaging period).

7. Alternative monitoring requirements when the effluent from a single source or the combined effluent from two or more sources are released to the atmosphere through more than one point.

8. Alternative procedures for performing calibration checks.

9. Alternative monitoring requirements when the requirements of this section would impose an extreme economic burden on the owner.

10. Alternative monitoring requirements when the continuous monitoring systems cannot be installed due to physical limitations at the source.

11. Alternative continuous monitoring systems that do not meet the design or performance requirements in Performance Specification 1 of Appendix B of 40 CFR Part 60, but which adequately demonstrate a definite and consistent relationship between its measurements and the measurements of opacity by a system complying with the requirements in Performance Specification 1 of Appendix B of 40 CFR Part 60. The board may require that such demonstration be performed for each source.

12. Alternative monitoring systems that meet the requirements of 40 CFR Part 75 (i) if a source is subject to 40 CFR Part 75 or (ii) if the board determines that the requirements of 40 CFR Part 75 are more appropriate for the source than the pertinent provisions of this chapter.

F. Upon request of the board, the owner of an existing source subject to the provisions of this chapter shall install, calibrate, maintain and operate equipment for continuously monitoring and recording emissions or process parameters or both in accordance with methods and procedures acceptable to the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-04, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002.

9VAC5-40-41. Emission monitoring procedures for existing sources.

A. The provisions of this section shall apply to existing sources. These provisions may also apply, at the discretion of the board, to new and modified sources if the source type is not subject to Article 5 (9VAC5-50-400 et seq.) of 9VAC5 Chapter 50.

B. General procedures.

1. Continuous monitoring system performance evaluations shall be conducted in accordance with the requirements and procedures contained in the applicable performance specification in Appendix B of 40 CFR Part 60 as follows:

a. Continuous monitoring systems for measuring opacity of emissions shall comply with performance specification 1.

b. Continuous monitoring systems for measuring nitrogen oxides emissions shall comply with performance specification 2.

c. Continuous monitoring systems for measuring sulfur dioxide emissions shall comply with performance specification 2.

d. Continuous monitoring systems for measuring oxygen content or carbon dioxide content of effluent gases shall comply with performance specification 3.

2. Owners of all continuous monitoring systems installed in accordance with the provisions of this section shall check the zero and span drift at least once daily in accordance with the method prescribed by the manufacturer of such systems unless the manufacturer recommends adjustments at shorter intervals, in which case such recommendations shall be followed. The zero and span shall, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour calibration drift limits of the applicable performance specifications in Appendix B of 40 CFR Part 60 are exceeded. For continuous monitoring systems measuring opacity of emissions, the optical surfaces exposed to the effluent gases shall be cleaned prior to performing the zero or span drift adjustment except that for systems using automatic zero adjustments, the optical surfaces shall be cleaned when the cumulative automatic zero compensation exceeds 4% opacity. Unless otherwise approved by the board, the following procedures, as applicable, shall be followed:

a. For extractive continuous monitoring systems measuring gases, minimum procedures shall include introducing applicable zero and span gas mixtures into the measurement system as near the probe as is practical. Span and zero gases certified by their manufacturer to be traceable to National Bureau of Standards reference gases shall be used whenever these reference gases are available. The span and zero gas mixtures shall be the same composition as specified in Appendix B of 40 CFR Part 60. Every six months from date of manufacturer, span and zero gases shall be reanalyzed by conducting triplicate analyses with Reference Methods 6 for SO₂, 7 for NO_X, and 3 for O₂ and CO₂, respectively. The gases may be analyzed at less frequent intervals if longer shelf lives are guaranteed by the manufacturer.

b. For nonextractive continuous monitoring systems measuring gases, minimum procedures shall include upscale checks using a certified calibration gas cell or test cell which is functionally equivalent to a known gas concentration. The zero check may be performed by computing the zero value from upscale measurements or by mechanically producing zero condition.

c. For continuous monitoring systems measuring opacity of emissions, minimum procedures shall include a method for producing a simulated zero opacity condition and an upscale (span) opacity condition using a certified neutral density filter or other related technique to produce a known obscuration of the light beam. Such procedures shall provide a system check of the analyzer internal optical surfaces and all electronic circuitry including the lamp and photodetector assembly.

3. Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required under subdivision B 2 of this section, all continuous monitoring systems shall be in continuous operation and shall meet minimum frequency of operation requirements as follows:

a. All continuous monitoring systems for measuring opacity of emissions shall complete a minimum of one cycle of sampling and analyzing for each successive 15-second period and one cycle of data recording for each successive six-minute period.

b. All continuous monitoring systems for measuring nitrogen oxides, sulfur dioxide, carbon dioxide or oxygen shall complete a minimum of one cycle of operation (sampling, analyzing and data recording) for each successive 15-minute period.

4. All continuous monitoring systems or monitoring devices shall be installed such that representative measurements of emissions or process parameters from the affected facility are obtained. Additional procedures for location of continuous monitoring systems contained in the applicable performance specifications in Appendix B of 40 CFR Part 60 shall be used.

5. When the effluents from a single affected facility or two or more affected facilities subject to the same standards are combined before being released to the atmosphere, the owner may install applicable continuous monitoring systems on each effluent or on the combined effluent. When the affected facilities are not subject to the same standards, separate continuous monitoring systems shall be installed on each effluent. When the effluent from one affected facility is released to the atmosphere through more than one point, the owner shall install applicable continuous monitoring systems on each separate effluent unless the installation of fewer systems is approved by the board.

6. Owners of all continuous monitoring systems for measurement of opacity shall reduce all data to six-minute averages for six-minute periods and for systems other than opacity to one-hour averages for one-hour periods. Six-minute opacity averages shall be calculated from 24 or more data points spaced at approximately equal intervals over each six-minute period. For systems other than opacity, one-hour averages shall be computed from four or more date points spaced at approximately equal intervals over each one-hour period. Data recorded during periods of system breakdowns, repairs, calibration checks and zero and span adjustments shall not be included in the data averages computed under this subdivision. An arithmetic or integrated average of all data may be used. The data output of all continuous monitoring systems may be recorded in reduced or nonreduced form (e.g., ppm pollutant and percent O₂ of lb or pollutant per million Btu). All excess emissions should be converted into units of the standard using the applicable conversion procedures specified in the applicable standard. After conversion into units of the standard, the data may be rounded to the same number of significant digits used to specify the applicable standard (e.g., rounded to the nearest one percent opacity).

C. Specific procedures. Specific procedures for emission monitoring may be found in the rule covering the source type in question.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

9VAC5-40-50. Notification, records and reporting.

A. Any owner of an existing source subject to the provisions of this chapter shall provide written notifications to the board of the following:

1. The date upon which demonstration of the continuous monitoring system performance begins in accordance with 9VAC5-40-40 C. Notification shall be postmarked or submitted electronically not less than 30 days prior to such date.

2. The date of any emission test the owner wishes the board to consider in determining compliance with a standard. Notification shall be postmarked or submitted electronically not less than 30 days prior to such date.

3. The anticipated date for conducting the opacity observations required by 9VAC5-40-20 G 1. The notification shall also include, if appropriate, a request for the board to provide a visible emissions reader during an emission test. The notification shall be postmarked or submitted electronically not less than 30 days prior to such date.

B. Any owner of an existing source subject to the provisions of 9VAC5-40-40 A shall maintain records of the occurrence and duration of any startup, shutdown or malfunction in the operation of such source; any malfunction of the air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device is inoperative.

C. Each owner required to install a continuous monitoring system (CMS) or monitoring device shall submit a written report of excess emissions (as defined in the applicable emission standard) and either a monitoring systems performance report or a summary report form, or both, to the board semiannually, except when (i) more frequent reporting is specifically required by an applicable emission standard or the CMS data are to be used directly for compliance determination, in which case quarterly reports shall be submitted; or (ii) the board, on a case-by-case basis, determines that more frequent reporting is necessary to accurately assess the compliance status of the source. The summary report and form shall meet the requirements of 40 CFR 60.7(d). The frequency of reporting requirements may be reduced as provided in 40 CFR 60.7(e). All reports shall be postmarked or submitted electronically by the 30th day following the end of each calendar half (or quarter, as appropriate). Written reports of excess emissions shall include the following information:

1. The magnitude of excess emissions computed in accordance with 9VAC5-40-41 B 6, any conversion factors used, and the date and time of commencement and completion of each period of excess emissions. The process operating time during the reporting period.

2. Specific identification of each period of excess emissions that occurs during startups, shutdowns and malfunctions of the source. The nature and cause of any malfunction (if known), the corrective action taken or preventative measures adopted.

3. The date and time identifying each period during which the continuous monitoring system was inoperative except for zero and span checks and the nature of the system repairs or adjustments.

4. When no excess emissions have occurred or the continuous monitoring systems have not been inoperative, repaired or adjusted, such information shall be stated in the report.

D. Any owner of an existing source subject to the provisions of this chapter shall maintain a file of all measurements, including continuous monitoring system, monitoring device, and emission testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required by this chapter recorded in a permanent form suitable for inspection. The file shall be retained for at least two years (unless a longer period is specified in the applicable standards) following the date of such measurements, maintenance, reports and records.

E. Any data or information required by the Regulations for the Control and Abatement of Air Pollution, any permit or order of the board, or that the owner wishes the board to consider, to determine compliance with an emission standard shall be recorded or maintained in a timeframe consistent with the averaging period of the standard.

F. The owner of a stationary source shall keep records as may be necessary to determine its emissions. Any owner claiming that a facility is exempt from the provisions of the Regulations for the Control and Abatement of Air Pollution shall keep records as may be necessary to demonstrate to the satisfaction of the board its continued exempt status.

G. The owner of an existing source subject to any emission standard in Article 26 (9VAC5-40-3560 et seq.) through Article 36 (9VAC5-40-5060 et seq.) of 9VAC5-40 shall maintain records in accordance with the applicable procedure in 9VAC5-20-121.

H. Upon request of the board, the owner of an existing source subject to the provisions of this chapter shall provide notifications and report, revise reports, maintain records or report emission test or monitoring result in a manner and form and using procedures acceptable to board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-05, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. August 1, 2002; Volume 40, Issue 14, eff. April 11, 2024.

Part II
Emission Standards

Article 1
Visible Emissions and Fugitive Dust/Emissions (Rule 4‑1)

9VAC5-40-60. Applicability and designation of affected facility.

Article 1
Visible Emissions and Fugitive Dust/Emissions (Rule 4‑1)

A. The affected facilities to which the provisions of this article apply are the following:

1. Each source of visible emissions; and

2. Each source of fugitive dust/emissions.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0101, eff. January 1, 1985.

9VAC5-40-70. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words and terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Fugitive dust" means particulate matter composed of soil or other materials, or both, of natural origin. Fugitive dust may include emissions from haul roads, wind erosion of exposed surfaces and storage piles and other activities in which the material is either removed, stored, transported or redistributed.

"Fugitive emissions" means emissions which are generated by industrial or other activities and which do not pass through a stack, chimney, vent or other functionally equivalent opening, but which may escape from openings (such as windows, doors, ill-fitting closures or poorly maintained equipment) or material handling equipment.

"Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background, expressed as a percentage.

"Six-minute period" means any one of the 10 equal parts of one hour or a one-hour period, as may be applicable.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0102, eff. January 1, 1985.

9VAC5-40-80. Standard for visible emissions.

Unless specified otherwise in this part, no owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any visible emissions which exhibit greater than 20% opacity, except for one six-minute period in any one hour of not more than 60% opacity. Failure to meet the requirements of this section because of the presence of water vapor shall not be a violation of this section.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120‑04‑0103, eff. January 1, 1985.

9VAC5-40-90. Standard for fugitive dust/emissions.

No owner or other person shall cause or permit any materials or property to be handled, transported, stored, used, constructed, altered, repaired or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. Such reasonable precautions may include, but are not limited to, the following:

1. Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land.

2. Application of asphalt, water, or suitable chemicals on dirt roads, materials stockpiles and other surfaces which may create airborne dust; the paving of roadways and maintaining them in a clean condition.

3. Installation and use of hoods, fans and fabric filters to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations.

4. Open equipment for conveying or transporting materials likely to create objectionable air pollution when airborne shall be covered or treated in an equally effective manner at all times when in motion.

5. The prompt removal of spilled or tracked dirt or other materials from paved streets and of dried sediments resulting from soil erosion.

Statutory Authority

§ 10.1-1308 of the Code of Virginia and §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-04-0104, eff. January 1, 1985; amended, Virginia Register Volume 19, Issue 6, eff. February 1, 2003.

9VAC5-40-100. Monitoring.

A. Unless otherwise approved by the board, all continuous monitoring systems required by this article shall be installed, calibrated, maintained and operated in accordance with applicable requirements in 9VAC5-40-40 and 9VAC5-40-41.

B. Each owner required to install a continuous monitoring system shall provide notifications and reports and maintain records and monitoring results in accordance with the requirements of 9VAC5-40-50.

C. In cases where the requirements of 9VAC5-40-40 and 9VAC5-40-41 are not appropriate for a particular source type, the owner shall comply with other procedures acceptable to the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0105, eff. January 1, 1985.

9VAC5-40-110. Test methods and procedures.

The provisions of 9VAC5-40-20 A 2 apply to determine compliance with the standard prescribed in 9VAC5-40-80.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0106, eff. January 1, 1985.

9VAC5-40-120. Waivers.

A. A waiver from the opacity emission limitation in 9VAC5-40-80 may be granted by the director, provided that a technical decision is reached that the plume opacity observations made in accordance with 9VAC5-40-20 and 9VAC5-40-110 are not representative of the pollutant loading of the plume.

B. Upon granting the above waiver, the director shall require one or more alternate source surveillance methods, which may include, but are not limited to, the following:

1. Requiring the owner to install, calibrate, maintain and operate systems for continuously monitoring and recording emissions of specified pollutants in accordance with 9VAC5-40-40 and 9VAC5-40-100.

2. Requiring the owner to conduct, at specified intervals, emission tests for measuring emissions of specified pollutants in accordance with 9VAC5-40-30.

3. Establishing an opacity emission limitation for the facility based on a correlation between tests of visible and other specified pollutant emissions.

C. The waiver may be granted for an indefinite period of time; however, approval may be withdrawn by the director:

1. For failure to adhere to any terms or conditions of the waiver;

2. If the affected facility is found to be in violation of any applicable emission standard; or

3. For failure to conduct or adhere to any alternate source surveillance method required for waiver approval.

Statutory Authority

§ 10.1-1308 of the Code of Virginia and §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-04-0107, eff. January 1, 1985; amended, Virginia Register Volume 19, Issue 6, eff. February 1, 2003.

Article 2
Emission Standards for Odor (Rule 4‑2)

9VAC5-40-130. Applicability and designation of affected facility.

Article 2
Emission Standards for Odor (Rule 4‑2)

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each facility that emits odor.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

C. The provisions of this article do not apply to accidental or other infrequent emissions of odors.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120‑04‑0201, eff. January 1, 1985.

9VAC5-40-140. Standard for odor.

No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any emissions which cause an odor objectionable to individuals of ordinary sensibility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0203, eff. January 1, 1985.

9VAC5-40-150. Determination of violation.

A. The determination of objectionable odor shall be made after a thorough review of all data or evidence relating to the situation which may be obtained by an investigation directed by the board. As a part of the investigation, the board, at its discretion, may hold a public hearing in accordance with 9VAC5-20-40 A 1 to hear complaints. The investigation may also include use of an odor panel survey and other methods approved by the board, or both.

B. Upon determination that an odor violates 9VAC5-40-140 the owner shall use such measures as approved by the board for the economically and technologically feasible control of odorous emissions.

Article 3
Emission Standards for Toxic Pollutants (Rule 4-3) [Repealed]

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0204, eff. January 1, 1985.

Article 3
Emission Standards for Toxic Pollutants (Rule 4-3) [Repealed]

9VAC5-40-160. (Repealed.)

Article 3
Emission Standards for Toxic Pollutants (Rule 4-3) [Repealed]

Historical Notes

Derived from VR120-04-0301, eff. October 15, 1991; repealed, Virginia Register Volume 18, Issue 14, eff. May 1, 2002.

Article 4
Emission Standards for General Process Operations (Rule 4-4)

9VAC5-40-240. Applicability and designation of affected facility.

Article 4
Emission Standards for General Process Operations (Rule 4-4)

A. Except as provided in subsections C and D of this section, the affected facility to which the provisions of this article apply is each process operation, each process gas stream and each combustion installation.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

C. Exempted from the provisions of this article are the following:

1. Process operations with a process weight rate capacity less than 100 pounds per hour.

2. Any combustion unit using solid fuel with a maximum heat input of less than 350,000 Btu per hour.

3. Any combustion unit using liquid fuel with a maximum heat input of less than 1,000,000 Btu per hour.

4. Any combustion unit using gaseous fuel with a maximum heat input of less than 10,000,000 Btu per hour.

D. The provisions of this article do not apply to a particular pollutant from an affected facility if the affected facility is subject to other emission standards in this chapter covering the same pollutant.

Statutory Authority

§ 10.1-1308 of the Code of Virginia, §§ 110 and 182 of the Clean Air Act, and 40 CFR Part 51.

Historical Notes

Derived from VR120-04-0401, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996; Volume 18, Issue 4, eff. January 1, 2002; Volume 20, Issue 12, eff. March 24, 2004.

9VAC5-40-250. Definitions.

A. For the purpose of the Regulations for the Control and Abatement of Air Pollution and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Combustion installation" means all combustion units within a stationary source in operation prior to October 5, 1979.

"Combustion unit" means any type of stationary equipment in which solid, liquid or gaseous fuels and refuse are burned, including, but not limited to, furnaces, ovens, and kilns.

"Heat input" means the total gross calorific value of all fuels burned.

"Manufacturing operation" means any process operation or combination of physically connected dissimilar process operations which is operated to effect physical or chemical changes or both in an article.

"Materials handling equipment" means any equipment used as a part of a process operation or combination of process operations which does not effect a physical or chemical change in the material or in an article, such as, but not limited to, conveyors, elevators, feeders or weighers.

"Physically connected" means any combination of process operations connected by materials handling equipment and designed for simultaneous complementary operation.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Rated capacity" means, the capacity as stipulated in the purchase contract for the condition of 100% load, or such other capacities as mutually agreed to by the board and owner using good engineering judgment.

"Total capacity" means with reference to a combustion installation, the sum of the rated capacities (expressed as heat input) of all units of the installation which must be operated simultaneously under conditions of 100% use load.

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 VR120-04-0402, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996; Volume 18, Issue 4, eff. January 1, 2002; Volume 23, Issue 5, eff. December 15, 2006.

9VAC5-40-260. Standard for particulate matter (AQCR 1-6).

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any process unit any particulate emissions in excess of the limits in Table 4-4A.

B. Except as provided in subsections C and D of this section, interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. Interpolation of the data in Table 4-4A for process weight rates up to 60,000 lb/hr shall be accomplished by use of the following equation:

E = 4.10 P^0.67

where:

E = emission rate in lb/hr.

P = process weight rate in tons/hr.

D. Interpolation and extrapolation of the data for process weight rates in excess of 60,000 lb/hr shall be accomplished by use of the following equation:

E = 55.0 P^0.11 - 40

where:

E = emission rate in lb/hr.

P = process weight rate in tons/hr.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0403, eff. January 1, 1985.

9VAC5-40-270. Standard for particulate matter (AQCR 7).

A. Noncombustion process operations. No owner or other person shall cause or permit to be discharged into the atmosphere from any process unit any particulate emissions in excess of the limits in Table 4-4B.

B. Combustion installations. Interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0404, eff. January 1, 1985.

9VAC5-40-280. Standard for sulfur dioxide.

A. Noncombustion process operations. No owner or other person shall cause or permit to be discharged into the atmosphere from any process operation any sulfur dioxide emissions in excess of an in-stack concentration of 2000 ppm by volume.

B. Combustion installations.

1. No owner or other person shall cause or permit to be discharged into the atmosphere from any combustion installation any sulfur dioxide emissions in excess of the following limits:

a. S = 2.64K (AQCR 1 through 6)

b. S = 1.06K (for liquid or gaseous fuels - AQCR 7)

c. S = 1.52K (for solid fuels - AQCR 7)

where:

S = allowable emission of sulfur dioxide

expressed in lbs/hr.

K = actual heat input at total capacity expressed in Btu X 10⁶ per hour.

2. Where there is more than one unit in a combustion installation and where the installation can be shown, to the satisfaction of the board, to be in compliance when the installation is operating at total capacity, the installation will be deemed to still be in compliance when the installation is operated at reduced load or one or more units are shut down for maintenance or repair, provided that the same type of fuel with the same sulfur content, or an equivalent, is continued in use.

3. For installations in AQCR 7 at which different fossil fuels are burned simultaneously, whether in the same or different units, the allowable emissions shall be determined by proration using the following formula:

where:

PS = prorated allowable emissions of sulfur dioxide expressed in lb/hr.

X = percentage of actual heat input at total capacity derived from liquid or gaseous fuel.

Y = percentage of actual heat input at total capacity derived from solid fuels.

K = actual heat input at total capacity expressed in Btu X 10⁶ per hour.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0405, eff. January 1, 1985.

9VAC5-40-290. Standard for hydrogen sulfide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any process gas stream any hydrogen sulfide emissions in excess of a concentration greater than 15 grains per 100 cubic feet of gas without burning or removing H₂S in excess of this concentration, provided that SO₂ emissions in the burning operation meet the requirements of 9VAC5-40-280 A.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0406, eff. January 1, 1985.

9VAC5-40-300. (Repealed.)

Historical Notes

Derived from VR120-04-0407, eff. July 1, 1991, VR120-04-0408, eff. July 1, 1991 or Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 9, Issue 5, eff. January 1, 1993; Volume 12, Issue 11, eff. April 1, 1996; Volume 18, Issue 4, eff. January 1, 2002; Volume 19, Issue 17, eff. June 4, 2003; Volume 20, Issue 12, eff. March 24, 2004; Errata 20:15 VA.R. 1498-1504 April 5, 2004; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Virginia Register Volume 23, Issue 5, eff. December 15, 2006.

9VAC5-40-320. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0409, eff. January 1, 1985.

9VAC5-40-330. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0410, eff. January 1, 1985.

9VAC5-40-340. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0411, eff. January 1, 1985.

9VAC5-40-350. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0412, eff. January 1, 1985.

9VAC5-40-360. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0413, eff. January 1, 1985.

9VAC5-40-370. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0414, eff. January 1, 1985.

9VAC5-40-380. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0415, eff. January 1, 1985.

9VAC5-40-390. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0416, eff. January 1, 1985.

9VAC5-40-400. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0417, eff. January 1, 1985.

9VAC5-40-410. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0418, eff. January 1, 1985.

9VAC5-40-420. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

6. Operation of a facility.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0419, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

Article 5
Emission Standards for Synthesized Pharmaceutical Products Manufacturing Operations (Rule 4-5)

9VAC5-40-430. Applicability and designation of affected facility.

Article 5
Emission Standards for Synthesized Pharmaceutical Products Manufacturing Operations (Rule 4-5)

A. The affected facility to which the provisions of this article apply is each process unit or operation.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0501, eff. July 1, 1991.

9VAC5-40-440. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Condenser" means a device which removes condensable vapors by a reduction in the temperature of the captured gases.

"Production equipment exhaust system" means a device for collecting and directing out of the work area volatile organic compound fugitive emissions from reactor openings, centrifuge openings and other vessel openings for the purpose of protecting workers from excessive volatile organic compound exposure.

"Reactor" means a vessel designed to carry out chemical reactions under controlled conditions.

"Synthesized pharmaceutical products manufacturing" means manufacture of pharmaceutical products by chemical synthesis.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0502, eff. January 1, 1985.

9VAC5-40-450. Standard for volatile organic compounds.

A. Reactors, distillation operations, crystallizers, centrifuges and vacuum dryers.

1. No owner or other person shall use or permit the use of any reactor, distillation operation, crystallizer, centrifuge or vacuum dryer process unit unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection A 1 of this section by use of methods in 9VAC5-40-460 A and E will be acceptable to the board.

B. Air dryers and production equipment exhaust systems.

1. No owner or other person shall use or permit the use of any air dryer or production equipment exhaust system process unit unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection B 1 of this section by use of methods in 9VAC5-40-460 B and E will be acceptable to the board.

C. Filling of storage tanks.

1. No owner or other person shall use or permit the use of any stationary storage tank of more than 2,000 gallons capacity for storage of any volatile organic compound unless such tank is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions during the filling of such tank.

2. Achievement of the emission standard in subsection C 1 of this section by use of the methods in 9VAC5-40-460 C and E will be acceptable to the board.

3. The provisions of subsection C of this section shall not be applicable to facilities using volatile organic compounds with a vapor pressure less than 4.1 pounds per square inch absolute at 68°F.

D. Volatile organic compound storage.

1. No owner or other person shall use or permit the use of any tank for storage of volatile organic compounds, unless such tank is equipped with a vapor control system which will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection D 1 of this section by use of control methods in 9VAC5-40-460 D and E will be acceptable to the board.

3. The provisions of subsection D of this section shall not be applicable to facilities using volatile organic compounds with a vapor pressure less than 1.5 pounds per square inch absolute at 68°F.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0503, eff. July 1, 1991.

9VAC5-40-460. Control technology guidelines.

A. Reactors, distillation operations, crystallizers, centrifuges and vacuum dryers. The control system should consist of one of the following:

1. Surface condensation system with an outlet temperature not greater than:

a. -13°F when condensing volatile organic compounds of vapor pressure greater than 5.8 psi;

b. 5°F when condensing volatile organic compounds of vapor pressure greater than 2.9 psi;

c. 32°F when condensing volatile organic compounds of vapor pressure greater than 1.5 psi;

d. 50°F when condensing volatile organic compounds of vapor pressure greater than 1.0 psi; or

e. 77°F when condensing volatile organic compounds of vapor pressure greater than 0.5 psi.

2. Any system of equal or greater control efficiency when compared to the standard in 9VAC5-40-450 A 1, provided such system is approved by the board.

B. Air dryers and production equipment exhaust systems. The control system should consist of one of the following:

1. Condensation system.

2. Wet scrubbing system.

3. Carbon adsorption system.

4. Incineration.

5. Any system of equal or greater control efficiency when compared to the standard in 9VAC5-40-450 B 1, provided such system is approved by the board.

C. Filling of storage tanks. The tank should be a pressure tank maintaining working pressure sufficient at all times to prevent vapor loss to the atmosphere, or be designed and equipped with one of the following vapor control systems:

1. A submerged fill pipe.

2. A vapor control system with the vapor recovery portion consisting of one of the following:

a. A vapor tight return line from the storage container to the tank truck which shall be connected before liquids are transferred into the container.

b. Any adsorption system or condensation system.

3. A vapor control system with the vapor balance portion meeting the following criteria:

a. There should be no leaks in the tank trucks' pressure vacuum relief valves and hatch covers, nor truck tanks, storage tanks and associated vapor return lines during loading or unloading operations.

b. The pressure relief valves on storage containers and tank trucks should be set to release at no less than 0.7 psi or the highest possible pressure in accordance with the following National Fire Prevention Association Standards: "Standard for Tank Vehicles for Flammable and Combustible Liquids," "Flammable and Combustible Liquids Code, "Code for Motor Fuel Dispensing Facilities and Repair Garages" (see 9VAC5-20-21).

c. Pressure in the vapor collection lines should not exceed tank truck pressure relief valve settings.

d. All loading and vapor lines should be equipped with fittings which make vapor tight connections and which close when disconnected.

4. Any system of equal or greater control efficiency when compared to the standard in 9VAC5-40-450 C 1, provided such system is approved by the board.

D. Volatile organic compound storage.

1. The tank should be a pressure tank maintaining working pressure sufficient at all times to prevent vapor loss to the atmosphere, or be designed and equipped with one of the following vapor control systems:

a. Use of pressure/vacuum conservation vent set at + or %68 .030 psi.

b. Vent condensation system.

c. Carbon adsorption system.

d. An internal floating roof resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and tank shell. All tank gauging and sampling devices should be vapor tight except when gauging or sampling is taking place.

e. Any system of equal or greater control efficiency when compared to the standard in 9VAC5-40-450 D 1, provided such system is approved by the board.

2. There should be no visible holes, tears or other openings in the seal or any seal fabric.

3. All openings, except stub drains, should be equipped with a cover, seal or lid. The cover, seal or lid should be in a closed position at all times except when the device is in actual use. Automatic bleeder vents should be closed at all times except when the roof is floated off or landed on the roof leg supports. Rim vents, if provided, should be set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.

4. The exterior aboveground surfaces (exposed to sunlight) should be painted white, light pastels or light metallic and such exterior paint should be periodically maintained in good condition. Repainting may be performed during normal maintenance periods.

E. General.

1. All centrifuges containing volatile organic compounds, rotary vacuum filters processing liquids containing volatile organic compounds and any other filters having an exposed liquid surface where the liquid contains volatile organic compounds should be enclosed. This applies to liquids exerting a total volatile organic compound vapor pressure of 0.5 psi or more at 68°F.

2. All in-process tanks should have covers. Covers should be closed when possible.

3. For liquids containing volatile organic compounds, all leaks in which liquids can be observed to be running or dripping from vessels and equipment (for example: pumps, valves, flanges) should be repaired as soon as is practical.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0504, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002.

9VAC5-40-470. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0505, eff. January 1, 1985.

9VAC5-40-480. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0506, eff. January 1, 1985.

9VAC5-40-490. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0507, eff. January 1, 1985.

9VAC5-40-500. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0508, eff. January 1, 1985.

9VAC5-40-510. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0509, eff. January 1, 1985.

9VAC5-40-520. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0510, eff. January 1, 1985.

9VAC5-40-530. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0511, eff. January 1, 1985.

9VAC5-40-540. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0512, eff. January 1, 1985.

9VAC5-40-550. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0513, eff. January 1, 1985.

9VAC5-40-560. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0514, eff. January 1, 1985.

9VAC5-40-570. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0515, eff. January 1, 1985.

Article 6
Emission Standards for Rubber Tire Manufacturing Operations (Rule 4-6)

9VAC5-40-580. Applicability and designation of affected facility.

Article 6
Emission Standards for Rubber Tire Manufacturing Operations (Rule 4-6)

A. The affected facility to which the provisions of this article apply is each process unit or operation.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0601, eff. July 1, 1991.

9VAC5-40-590. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Bead dipping" means the dipping of an assembled tire bead into a solvent based cement.

"Green tires" means assembled tires before molding and curing have occurred.

"Green tire spraying" means the spraying of green tires, both inside and outside, with release compounds which help remove air from the tire during molding and prevent the tire from sticking to the mold after curing.

"Pneumatic rubber tire manufacture" means the production of passenger car tires, light and medium truck tires, and other tires manufactured on assembly lines using automated equipment.

"Tread end cementing" means the application of a solvent based cement to the tire tread ends.

"Undertread cementing" means the application of a solvent based cement to the underside of a tire tread.

"Water based sprays" means release compounds, sprayed on the inside and outside of green tires, in which solids, water and emulsifiers have been substituted for all organic solvents.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0602, eff. January 1, 1985.

9VAC5-40-600. Standard for volatile organic compounds.

A. Undertread cementing.

1. No owner or other person shall use or permit the use of any undertread cementing process unit unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 85% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection A 1 of this section by use of methods in 9VAC5-40-610 A will be acceptable to the board.

B. Tread end cementing.

1. No owner or other person shall use or permit the use of any tread end cementing process unit unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 85% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection B 1 of this section by use of methods in 9VAC5-40-610 A will be acceptable to the board.

C. Bead dipping.

1. No owner or other person shall use or permit the use of any bead dipping process unit unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 85% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection C 1 of this section by use of methods in 9VAC5-40-610 A will be acceptable to the board.

D. Green tire spraying.

1. No owner or other person shall use or permit the use of any green tire spraying operation unless such vapor control methods are applied that will remove, destroy or prevent the discharge into the atmosphere of at least 95% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection D 1 of this section by use of methods in 9VAC5-40-610 B will be acceptable to the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0603, eff. July 1, 1991.

9VAC5-40-610. Control technology guidelines.

A. Undertread cementing, tread end cementing and bead dipping. The control system should consist of one of the following:

1. Carbon adsorption system.

2. Incineration system.

3. Any system of equal or greater control efficiency when compared to the standard in 9VAC5-40-600 A 1, B 1, or C 1 as applicable, provided such system is approved by the board.

B. Green tire spraying. The control method should consist of one of the following:

1. Use of water based sprays;

2. Carbon adsorption;

3. Incineration; or

4. Any method of equal or greater control efficiency when compared to the standard in 9VAC5-40-600 D 1, of this section, provided such method is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0604, eff. July 1, 1991.

9VAC5-40-620. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0605, eff. January 1, 1985.

9VAC5-40-630. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0606, eff. January 1, 1985.

9VAC5-40-640. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0607, eff. January 1, 1985.

9VAC5-40-650. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0608, eff. January 1, 1985.

9VAC5-40-660. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0609, eff. January 1, 1985.

9VAC5-40-670. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0610, eff. January 1, 1985.

9VAC5-40-680. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0611, eff. January 1, 1985.

9VAC5-40-690. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0612, eff. January 1, 1985.

9VAC5-40-700. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0613, eff. January 1, 1985.

9VAC5-40-710. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0614, eff. January 1, 1985.

9VAC5-40-720. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0615, eff. January 1, 1985.

Article 7
Emission Standards for Incinerators (Rule 4-7)

9VAC5-40-730. Applicability and designation of affected facility.

Article 7
Emission Standards for Incinerators (Rule 4-7)

A. The affected facility to which the provisions of this article apply is each incinerator.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

C. The provisions of this article do not apply to facilities that are designed as boilers to produce steam or heated water and are designed to burn either fossil fuel or refuse derived fuel. It does apply to such facilities if designed to burn raw refuse.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0701, eff. January 1, 1985.

9VAC5-40-740. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Incinerator" means any furnace or device used in the process of burning waste for the primary purpose of destroying matter or reducing the volume, or both, of the waste by removing combustible matter.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0702, eff. January 1, 1985.

9VAC5-40-750. Standard for particulate matter.

No owner or other person shall cause or permit to be discharged into the atmosphere from any incinerator any particulate emissions in excess of .14 grains per standard cubic foot of dry flue gas corrected to 12% carbon dioxide (without the contribution of auxiliary fuel).

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0703, eff. January 1, 1985.

9VAC5-40-760. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0704, eff. January 1, 1985.

9VAC5-40-770. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0705, eff. January 1, 1985.

9VAC5-40-780. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0706, eff. January 1, 1985.

9VAC5-40-790. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0707, eff. January 1, 1985.

9VAC5-40-800. Prohibition of flue-fed incinerators.

Incinerators which use the same flue for feeding the refuse and discharging the gases of combustion are prohibited.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0708, eff. January 1, 1985.

9VAC5-40-810. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0709, eff. January 1, 1985.

9VAC5-40-820. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0710, eff. January 1, 1985.

9VAC5-40-830. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0711, eff. January 1, 1985.

9VAC5-40-840. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0712, eff. January 1, 1985.

9VAC5-40-850. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0713, eff. January 1, 1985.

9VAC5-40-860. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0714, eff. January 1, 1985.

9VAC5-40-870. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0715, eff. January 1, 1985.

Article 8
Emission Standards for Fuel Burning Equipment (Rule 4-8)

9VAC5-40-880. Applicability and designation of affected facility.

Article 8
Emission Standards for Fuel Burning Equipment (Rule 4-8)

A. Except as provided in subsections C, D, and E of this section, the affected facility to which provisions of this article apply is fuel burning equipment.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

C. Exempted from the provisions of this article are the following:

1. Any fuel burning equipment unit using solid fuel with a maximum heat input of less than 350,000 Btu per hour.

2. Any fuel burning equipment unit using liquid fuel (exclusive of coal slurry mixtures) with a maximum input of less than 1,000,000 Btu per hour.

3. Any fuel burning equipment unit using gaseous fuel with a maximum heat input of less than 10,000,000 Btu per hour.

D. The provisions of this article do not apply to fuel burning equipment units that power mobile sources but are removed for maintenance or repair and testing.

E. The provisions of this article do not apply to stationary internal combustion engines.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0801, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-890. Definitions.

A. For the purpose of the Regulations for the Control and Abatement of Air Pollution and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Capacity factor" means the ratio of the average load on a machine or equipment for the period of time considered to the capacity rating of the machine or equipment.

"Fossil-fuel fired steam generator" means furnace or boiler, or both, used in the process of burning fossil fuel for the primary purpose of providing steam by heat transfer.

"Fuel burning equipment" means any furnace, with fuel burning equipment appurtenances thereto, used in the process of burning fuel for the primary purpose of producing heat to be utilized by indirect heat transfer, or by indirect production of power. This includes facilities that are designed as boilers to produce steam or heated water and are designed to burn either fossil fuel or refuse derived fuel. It does not include such facilities if designed primarily to burn raw refuse. This includes fuel burning equipment units (both permanently installed units and portable units) used to replace the power used by mobile sources. For the purposes of this article, stationary combustion turbines are considered to be fuel burning equipment.

"Fuel burning equipment installation" means all fuel burning equipment units within a stationary source in operation prior to October 5, 1979.

"Heat input" means the total gross calorific value of all fuels burned.

"Rated capacity" means the capacity as stipulated in the purchase contract for the condition of 100% load, or such other capacities as mutually agreed to by the board and owner using good engineering judgment.

"Refuse derived fuel (RDF)" means fuel produced from solid or liquid waste (includes materials customarily referred to as refuse and other discarded materials), or both, which has been segregated and classified, with the useable portions being put through a size reduction and classification process which results in a relatively homogeneous mixture.

"Stationary combustion turbine" means any air-breathing internal combustion engine consisting of an air compressor, combustion chamber, and a turbine wheel.

"Stationary internal combustion engine" means an engine in which fuel is burned within a machine in which energy is converted directly into mechanical motion or work. The energy is used directly for the production of power, locomotion or work. Internal combustion engines include, but are not limited to, diesel engines, gasoline engines, and diesel pumps. For the purposes of this article, stationary combustion turbines are not considered to be stationary internal combustion engines.

"Total capacity" means with reference to a fuel burning equipment installation, the sum of the rated capacities (expressed as heat input) of all units of the installation which must be operated simultaneously under conditions of 100% use load.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0802, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999; Volume 18, Issue 4, eff. January 1, 2002.

9VAC5-40-900. Standard for particulate matter.

A. Fuel burning equipment installations.

No owner or other person shall cause or permit to be discharged into the atmosphere from any fuel burning equipment installation any gaseous products of combustion containing particulate emissions in excess of the following limits.

1. In AQCR 1 through 6.

a. For fuel burning equipment installations with total capacity less than 10 million (10 X 10⁶) Btu per hour, the maximum allowable emission ratio shall be 0.6 pounds of particulate per million Btu input.

b. For fuel burning equipment installations with total capacity between 10 million (10 X 10⁶) and 10 billion (10,000 X 10⁶) Btu per hour, the maximum allowable emission ration, E, in pounds of particulate per million Btu input, shall be determined by the following equation: E = 1.0906H^-0.2594, where H is the total capacity in millions of Btu per hour.

c. For fuel burning equipment installations with total capacity in excess of 10 billion (10,000 X 10⁶) Btu per hour, the maximum allowable emission ratio shall be 0.1 pounds of particulate per million Btu input.

2. In AQCR 7.

a. For fuel burning equipment installations with total capacity less than 100 million (100 X 10⁶) Btu per hour, the maximum allowable emission ratio shall be 0.3 pounds of particulate per million Btu input.

b. For fuel burning equipment installations with total capacity between 100 million (100 X 10⁶) and 10 billion (10,000 X 10⁶) Btu per hour, the maximum allowable emission ratio, E, in pounds of particulate per million Btu input, shall be determined by the following equation: E = .9000H^-0.2386, where H is the total capacity in millions of Btu per hour.

c. For fuel burning equipment installations with total capacity in excess of 10 billion (10,000 X 10⁶) Btu per hour, the maximum allowable emission ratio shall be 0.1 pounds of particulate per million Btu input.

B. Fuel burning equipment units.

1. The maximum allowable particulate emissions for each fuel burning equipment unit shall be the product of the rated capacity and the emission ratio (determined in accordance with subsection A of this section).

2. The allowable particulate emissions for each fuel burning equipment unit when operating at less than rated capacity shall be the product of the emission ratio, actual heat input and efficiency factor for the collection equipment. The efficiency factor for the collection equipment of each unit shall be determined using procedures set forth in 9VAC5-40-920.

3. For fuel burning equipment installations consisting of multiple fuel burning equipment units, except where all of the units burn liquid or gaseous fuels, or both, exclusively, the maximum allowable particulate emissions for each unit may be determined as provided in 9VAC5-40-910.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0803, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-910. Emission allocation system.

A. This section applies only to fuel burning equipment installations consisting of multiple fuel burning equipment units which do not burn liquid or gaseous fuels, or both, exclusively.

B. The maximum allowable particulate emissions for a fuel burning equipment installation shall be the product of the total capacity and the emission ratio (determined in accordance with 9VAC5-40-900 A).

C. The allowable particulate emissions for a fuel burning equipment installation when operating at less than total capacity, shall be the product of the percent load, emission allocation and efficiency factor for the collection equipment. The percent load shall be the quotient of the actual load and the rated capacity. The efficiency factor for the collection equipment of each unit shall be determined using procedures set forth in 9VAC5-40-920. The emission allocation shall be determined using procedures set forth in subsection D of this section.

D. The emission allocation for each of the fuel burning equipment units of the fuel burning equipment installation shall be its designated portion of the maximum allowable particulate emissions from the fuel burning equipment installation when operating at total capacity. The portions shall be proposed by the owner initially and determined in a manner mutually acceptable to the board and the owner. Once accepted by the board, the portions may not be changed without the consent of the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0804, eff. January 1, 1985.

9VAC5-40-920. Determination of collection equipment efficiency factor.

The efficiency factor for the collection equipment shall be established as follows:

1. For all collection equipment, except mechanical collectors, the efficiency factor shall be 1.0.

2. For mechanical collectors, the efficiency factor shall be the quotient of the design efficiency of the collector at rated capacity and the actual efficiency of the collector at the reduced actual load. The actual efficiency shall be the product of the design efficiency and the correction factor where:

3. For collection equipment where the owner does not wish to accept the efficiency factor established by subdivision 1 or 2 of this section, the owner may provide information and data as a substitute. Such information and data may be emissions test results or other conclusive evidence. If such information and data is found acceptable by the board, it may be used to establish the efficiency factor for the collection equipment.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0805, eff. January 1, 1985.

9VAC5-40-930. Standard for sulfur dioxide.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any fuel burning equipment installation any sulfur dioxide emissions in excess of the following limits:

1. S = 2.64K (AQCR 1 through 6).

2. S = 1.06K (for liquid or gaseous fuels - AQCR 7).

3. S = 1.52K (for solid fuels - AQCR 7).

where:

S = allowable emission of sulfur dioxide expressed in pounds per hour.

K = heat input at total capacity expressed in Btu X 10⁶ per hour.

B. Where there is one or more units in a fuel burning equipment installation and where the installation can be shown, to the satisfaction of the board, to be in compliance when the installation is operating at total capacity, the installation will be deemed to still be in compliance when the installation is operated at reduced load or one or more units are shut down for maintenance or repair, provided that the same type of fuel with the same sulfur content, or an equivalent, is continued in use.

C. For installations in AQCR 7 at which different fossil fuels are burned simultaneously, whether in the same or different units, the allowable emissions shall be determined by proration using the following formula:

where

PS = prorated allowable emissions of sulfur dioxide expressed in pounds per hour.

X = percentage of heat input at total capacity derived from liquid or gaseous fuel.

Y = percentage of heat input at total capacity derived from solid fuels.

K = heat input at total capacity expressed in Btu x 10⁶ per hour.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0806, eff. January 1, 1985.

9VAC5-40-940. Standard for visible emissions.

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of this part (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply except that the provisions in subsection B of this section apply instead of 9VAC5-40-80 A.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any fuel burning equipment unit any visible emissions which exhibit greater than 20% opacity, except for one, six-minute period in any one hour of not more than 60% opacity. Failure to meet the requirements of this section because of the presence of water vapor shall not be a violation of this section.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0807, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-950. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0808, eff. January 1, 1985.

9VAC5-40-960. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0809, eff. January 1, 1985.

9VAC5-40-970. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0810, eff. January 1, 1985.

9VAC5-40-980. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0811, eff. January 1, 1985.

9VAC5-40-990. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0812, eff. January 1, 1985.

9VAC5-40-1000. Monitoring.

A. The provisions of 9VAC5-40-40 (Monitoring) apply.

B. Unless otherwise approved by the board, owners of fossil-fuel fired steam generators specified in subsection C of this section shall install, calibrate, maintain and operate systems for continuously monitoring and recording specified emissions in accordance with 9VAC5-40-40 and 9VAC5-40-41.

C. Fossil-fuel fired steam generators of greater than 250 million Btu per hour maximum heat input with an annual average capacity factor of greater than 30% (as reported to the Federal Power Commission for calendar year 1974, or as otherwise demonstrated to the board by the owner) shall be monitored for opacity except where:

1. Gaseous fuel is the only fuel burned, or

2. Oil or a mixture of gas and oil are the only fuels burned and the facility is able to comply with applicable particulate matter and visible emission standards without utilization of particulate matter collection equipment, and where the facility has never been found, through any administrative or judicial proceedings, to be in violation of any visible emission standard.

D. The continuous monitoring system shall be spanned at 80, 90 or 100% opacity.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0813, eff. January 1, 1985.

9VAC5-40-1010. Notification, records and reporting.

A. The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

B. For the purpose of reports required under 9VAC5-40-50 C periods of excess emissions that shall be reported are defined as any one-hour period during which there are two or more six-minute periods when the average opacity exceeds 20%.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0814, eff. January 1, 1985.

9VAC5-40-1020. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0815, eff. January 1, 1985.

9VAC5-40-1030. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0816, eff. January 1, 1985.

9VAC5-40-1040. Permits.

A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

6. Operation of a facility.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0817, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

Article 9
Emission Standards for Coke Ovens (Rule 4-9)

9VAC5-40-1050. Applicability and designation of affected facility.

Article 9
Emission Standards for Coke Ovens (Rule 4-9)

A. The affected facilities in coke plants to which the provisions of this article apply are: horizontal slot sole-flue nonrecovery ovens and horizontal slot nonrecovery ovens.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0901, eff. January 1, 1985.

9VAC5-40-1060. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Charging" means the process by which coal is introduced into a coke oven beginning when coal enters the oven and ending when the door is closed.

"Coking" means the process by which coal is converted to coke by means of destructive distillation using heat.

"Pushing" means the process by which coke is removed from a coke oven, including the period marked by the time when the doors are first removed from a coke oven until quench water is applied to the hot coke.

"Quenching" means the process by which the combustion of hot coke is stopped by application of water or any other procedure achieving the same affect.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0902, eff. January 1, 1985.

9VAC5-40-1070. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any horizontal slot sole-flue nonrecovery oven any particulate emissions from coking, charging and pushing operations in excess of a combined total of 0.15 pounds of particulate/hour/ton of coal, as charged.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any horizontal slot nonrecovery oven any particulate emissions from coking, charging and pushing operations in excess of a combined total of 0.13 pounds of particulate/hour/ton of coal, as charged.

C. No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility during the quenching operation any particulate emissions in excess of that resultant from use of a quench tower incorporating state-of-the-art engineering design.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0903, eff. January 1, 1985.

9VAC5-40-1080. Standard for sulfur dioxide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any sulfur dioxide emissions in excess of the following limit:

S = 2.64K

where:

S = allowable emission of sulfur dioxide expressed in pounds per hour.

K = actual heat input expressed in Btu X 10⁶ per hour.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0904, eff. January 1, 1985.

9VAC5-40-1090. Standard for visible emissions.

No owner or other person shall cause to be discharged into the atmosphere from any affected facility any visible emissions in excess of the following limits:

1. The limits in 9VAC5-40-80 during the coking operation.

2. An average of 20% opacity from the coke side enclosure during the pushing operation.

3. An average of 20% opacity during the charging operation.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0905, eff. January 1, 1985.

9VAC5-40-1100. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0906, eff. January 1, 1985.

9VAC5-40-1110. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0907, eff. January 1, 1985.

9VAC5-40-1120. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0908, eff. January 1, 1985.

9VAC5-40-1130. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0909, eff. January 1, 1985.

9VAC5-40-1140. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply, except:

1. Compliance with particulate standards prescribed by 9VAC5-40-1070 A and B shall be determined by three or more emission tests conducted at different times during the total operation of the affected facility. The emission tests and times shall be acceptable to the board.

2. Compliance with opacity standards for fugitive visible emissions prescribed by 9VAC5-40-1090 B and C shall be determined by conducting observations in accordance with the test methods and procedures prescribed in subsections B 1 and 2 of this section.

a. The opacity of coke oven fugitive particulate emissions is determined by an observer, qualified in accordance with Reference Method 9, using the following procedures:

(1) The qualified observer shall, to the extent practicable, stand in a position meeting the guidelines of Reference Method 9. Notwithstanding any Method 9 guideline, the observer shall stand in a safe position with an unobstructed view of the emission source.

(2) Field records shall be in accordance with Reference Method 9.

(3) Each opacity observation shall be made at the point of greatest opacity after the emissions leave the coke oven. Observations shall be recorded at 15 second intervals for the entire duration of the charge or push. Observations which cannot be made due to the interference of another plume or any other obstruction shall be noted with an asterisk.

(4) Recording observations shall be in accordance with Reference Method 9, except that the minimum number of observations shall be determined by the duration of the operation being observed.

(5) Opacity shall be determined as an average of all 15 second observations recorded during either charging or pushing, as appropriate. Opacity of emissions shall be determined individually for each charge or push, and shall not be averaged over more than one coke oven. Missing observations due to interferences shall not affect the opacity determination.

b. All certification and testing requirements are identical to those of Reference Method 9.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0910, eff. January 1, 1985.

9VAC5-40-1150. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0911, eff. January 1, 1985.

9VAC5-40-1160. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0912, eff. January 1, 1985.

9VAC5-40-1170. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0913, eff. January 1, 1985.

9VAC5-40-1180. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0914, eff. January 1, 1985.

9VAC5-40-1190. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-0915, eff. January 1, 1985.

Article 10
Emission Standards for Asphalt Concrete Plants (Rule 4-10)

9VAC5-40-1200. Applicability and designation of affected facility.

Article 10
Emission Standards for Asphalt Concrete Plants (Rule 4-10)

A. The affected facility to which the provisions of this article apply is each asphalt concrete plant. For the purpose of this article, an asphalt concrete plant is comprised only of any combination of the following: dryers; systems for screening, handling, storing, and weighing aggregate; systems for loading, transferring, and storing mineral filler; systems for mixing asphalt concrete; and the loading, transfer, and storage systems associated with emission control systems.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1001, eff. January 1, 1985.

9VAC5-40-1210. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Asphalt concrete plant" means any facility used to manufacture asphalt concrete by heating and drying aggregate and mixing with asphalt cements.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1002, eff. January 1, 1985.

9VAC5-40-1220. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any asphalt concrete plant any particulate emissions in excess of the limits in Table 4-10.

B. Interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. The provisions of this section shall not apply to affected facilities identified in subsection A of this section and located in AQCR 7; however, the provisions of 9VAC5-40-270 shall apply to the facilities.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1003, eff. January 1, 1985.

9VAC5-40-1230. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1004, eff. January 1, 1985.

9VAC5-40-1240. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1005, eff. January 1, 1985.

9VAC5-40-1250. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1006, eff. January 1, 1985.

9VAC5-40-1260. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1007, eff. January 1, 1985.

9VAC5-40-1270. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1008, eff. January 1, 1985.

9VAC5-40-1280. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1009, eff. January 1, 1985.

9VAC5-40-1290. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1010, eff. January 1, 1985.

9VAC5-40-1300. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1011, eff. January 1, 1985.

9VAC5-40-1310. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1012, eff. January 1, 1985.

9VAC5-40-1320. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1013, eff. January 1, 1985.

9VAC5-40-1330. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1014, eff. January 1, 1985.

Article 11
Emission Standards for Petroleum Refinery Operations (Rule 4-11) [Repealed]

9VAC5-40-1340. (Repealed.)

Historical Notes

Derived from VR120-04-1101, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1350. (Repealed.)

Historical Notes

Derived from VR120-04-1102, eff. July 1, 1991; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1360. (Repealed.)

Historical Notes

Derived from VR120-04-1103, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1370. (Repealed.)

Historical Notes

Derived from VR120-04-1104, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1380. (Repealed.)

Historical Notes

Derived from VR120-04-1105, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1390. (Repealed.)

Historical Notes

Derived from VR120-04-1106, eff. July 1, 1991; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1400. (Repealed.)

Historical Notes

Derived from VR120-04-1107, eff. July 1, 1991; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1410. (Repealed.)

Historical Notes

Derived from VR120-04-1108, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1420. (Repealed.)

Historical Notes

Derived from VR120-04-1109, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1430. (Repealed.)

Historical Notes

Derived from VR120-04-1110, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1440. (Repealed.)

Historical Notes

Derived from VR120-04-1111, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1450. (Repealed.)

Historical Notes

Derived from VR120-04-1112, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1460. (Repealed.)

Historical Notes

Derived from VR120-04-1113, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1470. (Repealed.)

Historical Notes

Derived from VR120-04-1114, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1480. (Repealed.)

Historical Notes

Derived from VR120-04-1115, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1490. (Repealed.)

Historical Notes

Derived from VR120-04-1116, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1500. (Repealed.)

Historical Notes

Derived from VR120-04-1117, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-1510. (Repealed.)

Historical Notes

Derived from VR120-04-1118, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

Article 12
Emission Standards for Chemical Fertilizer Manufacturing Operations

9VAC5-40-1520. Applicability and designation of affected facility.

Article 12
Emission Standards for Chemical Fertilizer Manufacturing Operations

A. The affected facility to which the provisions of this article apply is each chemical fertilizer manufacturing operation. For the purpose of this article, a chemical fertilizer manufacturing operation is comprised only of any combination of the following: grinders, dryers, coolers and ammoniator-granulators.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1201, eff. January 1, 1985.

9VAC5-40-1530. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Chemical fertilizer" means a compound or mixture, whose chief ingredients are nitrogen, phosphorous, potassium or any combination of these ingredients, which has agronomic value.

"Manufacturing operation" means any process operation or combination of physically connected dissimilar process operations which is operated to effect physical or chemical changes, or both, in an article.

"Materials handling equipment" means any equipment used as a part of a process operation or combination of process operations which does not effect a physical or chemical change in the material or in an article, such as, but not limited to, conveyors, elevators, feeders or weighers.

"Physically connected" means any combination of process operations connected by materials handling equipment and designed for simultaneous complementary operation.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Production rate" means the weight of final product obtained per hour of operation. If the rate of product going to storage can vary, the production rate shall be determined by calculation from the feed rates of raw material.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1202, eff. January 1, 1985.

9VAC5-40-1540. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any chemical fertilizer manufacturing operation, which utilizes recycle and physically connected dissimilar processes as a part of the manufacturing operation, any particulate emissions in excess of the limits in Table 4-12.

B. Except as provided in subsections C and D of this section, interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. The process weight rate entry to be used in Table 4-12 for chemical fertilizer manufacturing operations shall be considered as the production rate, or for chemical fertilizer manufacturing operations involving physically connected dissimilar process operations shall be the sum of the process weight rates of each of the dissimilar process operations. The materials handling and screening equipment shall not be considered as a part of the process operation for the determination of process weight rate. For a process weight rate between any two consecutive rates stated in Table 4-14 maximum allowable emissions of particulate matter shall be calculated by the following equation:

1. For process weight rates up to 45 tons per hour:

where:

E = emission rate in lb/hr.

P = process weight rate in tons/hr.

2. For process weight rates over 45 tons per hour:

where:

E = emission rate in lb/hr.

P = process weight rate in tons/hr

D. When one manufacturing operation, or combination of physically connected process operations, is vented through separate stacks, the allowable emission rate for each stack shall be such that the sum of the emission rates for all of the stacks from that operation is equal to the allowable rates from that operation vented through a single stack.

E. For purpose of emission testing, samples taken of separate stacks within a three-day period, on the same fertilizer grade, shall be considered as simultaneous for the purpose of determining total operation emissions.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1203, eff. January 1, 1985.

9VAC5-40-1550. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1204, eff. January 1, 1985.

9VAC5-40-1560. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1205, eff. January 1, 1985.

9VAC5-40-1570. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1206, eff. January 1, 1985.

9VAC5-40-1580. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1207, eff. January 1, 1985.

9VAC5-40-1590. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1208, eff. January 1, 1985.

9VAC5-40-1600. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1209, eff. January 1, 1985.

9VAC5-40-1610. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1210, eff. January 1, 1985.

9VAC5-40-1620. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1211, eff. January 1, 1985.

9VAC5-40-1630. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1212, eff. January 1, 1985.

9VAC5-40-1640. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and control equipment maintenance or malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1213, eff. January 1, 1985.

9VAC5-40-1650. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1214, eff. January 1, 1985.

Article 13
Emission Standards for Pulp and Paper Mills (Rule 4-13)

9VAC5-40-1660. Applicability and designation of affected facilities.

Article 13
Emission Standards for Pulp and Paper Mills (Rule 4-13)

A. The affected facilities in pulp and paper mills to which the provisions of this article apply are: each recovery furnace, each smelt dissolving tank, each lime kiln, each slaker tank, and each kraft wood pulping operation. For the purpose of this article, a kraft wood pulping operation is comprised only of any combination of the following units: recovery furnaces, lime kilns, digester systems, multiple-effect evaporator systems, condensate stripper systems and smelt dissolving tanks.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

C. The provisions of this article do not apply to affected facilities subject to Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5 Chapter 50, except to the extent such pollutants are emitted which are not subject to standards of performance in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5 Chapter 50.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1301, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1670. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Black liquor solids" means the dry weight of the solids which enter the recovery furnace in the black liquor.

"Condensate stripper system" means a column, and associated condensers, used to strip, with air or steam, total reduced sulfur compounds from condensate streams from various processes within a kraft pulp mill.

"Cross recovery furnace" means a furnace used to recover chemicals consisting primarily of sodium and sulfur compounds by burning black liquor which on a quarterly basis contains more than 7.0% by weight of the total pulp solids from the neutral sulfite or other semichemical process and has a green liquor sulfidity of more than 28%.

"Digester system" means each continuous digester or each batch digester used for the cooking of wood in white liquor, and associated flash tanks, below tanks, chip steamers, and condensers.

"Green liquor sulfidity" means the sulfidity of the liquor which leaves the smelt dissolving tank.

"Kraft pulp mill" means any facility which produces pulp from wood by cooking (digesting) wood chips in a water solution of sodium hydroxide and sodium sulfide (white liquor) at high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill.

"Lime kiln" means a unit used to calcine lime mud, which consists primarily of calcium carbonate, into quicklime, which is calcium oxide.

"Multiple-effect evaporator system" means the multiple-effect evaporators and associated condensers and hotwells used to concentrate the spent cooking liquid that is separated from the pulp (black liquor).

"Neutral sulfite semichemical pulping operation" means any operation in which pulp is produced from wood by cooking (digesting) wood chips in a solution of sodium sulfite and sodium bicarbonate, followed by mechanical defibrating (grinding).

"New design recovery furnace" means a straight kraft recovery furnace that has both membrane wall or welded wall construction and emission control designed air systems. A new design furnace shall have stated in its contract a TRS performance guarantee or that it was designed with air pollution control as an objective.

"Old design recovery furnace" means a straight kraft recovery furnace that does not have membrane wall or welded wall construction or emission control designed air systems.

"Pulp and paper mill" means any kraft pulp mill or any paper mill using a semichemical pulping process.

"Recovery furnace" means either a straight kraft recovery furnace or a cross recovery furnace, and includes the direct-contact evaporator for a direct-contact furnace.

"Semichemical pulping process" means any pulp manufacturing process in which the active chemicals of the liquor used in cooking (digesting) wood chips to their component parts in a pressurized vessel (digester) are primarily a liquor of sodium hydroxide and sodium carbonate. The major difference between all semichemical techniques and those of kraft and acid sulfite processes is that only a portion of the lignin is removed during the cooking (digesting), after which the pulp is further reduced by mechanical disintegration.

"Smelt dissolving tank" means a vessel used for dissolving the smelt collected from the recovery furnace.

"Straight kraft recovery furnace" means a furnace used to recover chemicals consisting primarily of sodium and sulfur compounds by burning black liquor which on a quarterly basis contains 7.0% by weight or less of the total pulp solids from the neutral sulfite or other semichemical process or has green liquor sulfidity of 28% or less.

"Total reduced sulfur" or "TRS" means the sum of the following sulfur compounds (hydrogen sulfide, methyl mercaptan, dimethyl sulfide and dimethyl disulfide, reported as hydrogen sulfide) that are released during any kraft wood pulping operation.

"Twenty-four hour average" means the average of data over a 24-hour period beginning at midnight.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1302, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1680. Standard for particulate matter.

No owner or other person shall cause or permit to be discharged into the atmosphere from any group of similar affected facilities specified below any particulate emissions in excess of the following limits:

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1303, eff. January 1, 1985.

9VAC5-40-1690. Standard for total reduced sulfur.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any kraft wood pulping operation unit specified below any total reduced sulfur emissions in excess of the following limits:

1. Recovery furnaces.

a. Old design furnaces -- 20 ppm by volume on a dry basis, corrected to 8.0% oxygen.

b. New design furnaces -- 5 ppm by volume on a dry basis, corrected to 8.0% oxygen.

c. Cross recovery furnaces -- 25 ppm by volume on a dry basis, corrected to 8.0% oxygen.

2. Digester systems -- 5 ppm by volume on a dry basis, corrected to 10% oxygen.

3. Multiple-effect evaporator systems -- 5 ppm by volume on a dry basis, corrected to 10% oxygen.

4. Lime kilns -- 20 ppm by volume on a dry basis, corrected to 10% oxygen.

5. Condensate stripper systems -- 5 ppm by volume on a dry basis, corrected to 10% oxygen.

6. Smelt dissolving tanks -- 0.033 pounds per ton black liquor solids as H₂S.

B. Achievement of the emission standards in this section by use of methods in 9VAC5-40-1700 will be acceptable to the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1304, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1700. Control technology guidelines.

The control method should consist of one of the following:

1. Combustion of gases in a lime kiln or recovery furnace subject to the provisions of this article.

2. Combustion of gases in equipment or a device which is not subject to the provisions of this article and which is subjected to a minimum temperature of 1200°F for at least 0.5 seconds.

3. Any control method of equal or greater efficiency to the method in subsection B of this section, provided such method is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1305, eff. October 1, 1989.

9VAC5-40-1710. Standard for visible emissions.

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply except with regard to recovery furnaces; for such facilities the provisions in subsection B of this section apply instead of 9VAC5-40-80 A.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any recovery furnace any visible emissions which exhibit greater than 35% opacity. Failure to meet the requirements of this section because of the presence of water vapor shall not be a violation of this section.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1306, eff. January 1, 1985.

9VAC5-40-1720. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1307, eff. January 1, 1985.

9VAC5-40-1730. Standard for odor.

The provisions of Article 2 ( 9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply, except for total reduced sulfur emissions.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1308, eff. October 1, 1989.

9VAC5-40-1740. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1309, eff. January 1, 1985.

9VAC5-40-1750. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1310, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1760. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1311, eff. January 1, 1985.

9VAC5-40-1770. Monitoring.

A. The provisions of 9VAC5-40-40 (Monitoring) apply, with any addition or modification deemed appropriate to meet the needs of subsection B of this section.

B. The owner of a kraft pulp mill shall by October 1, 1990:

1. Install, certify, maintain and operate continuous monitoring equipment to monitor and record the concentration of TRS emissions on a dry basis and the percentage of oxygen by volume on a dry basis in the gases discharged into the atmosphere from any lime kiln or recovery furnace. The location of each monitoring system must be approved by the board.

2. Install, calibrate, maintain, and operate a monitoring device which measures the combustion temperature at the point of incineration of effluent gases which are emitted from any lime kiln, recovery furnace, digester system, multiple-effect evaporator system, or condensate stripper system. The monitoring device is to be certified by the manufacturer to be accurate within 1.0% of the temperature being measured.

C. The minimum data capture and validity requirements shall be as follows:

1. Valid TRS and oxygen data shall be obtained for no less than 75% of the operating hours of each quarter. Section 4 of Procedure 1 of Appendix F of 40 CFR Part 60 shall be used to determine valid data.

2. For TRS or oxygen concentrations, a valid data hour shall have at least 50% valid readings.

3. A 24-hour average TRS or oxygen concentration shall be considered valid if at least 50% of the operating hours in the 24-hour period are valid data hours.

4. Valid temperature data shall be obtained for no less than 90% of the operating time of each quarter.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1312, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1780. Notification, records, and reporting.

A. The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

B. Any owner subject to the provisions of 9VAC5-40-1770 B shall:

1. Calculate and record on a daily basis the 24-hour average TRS concentration for each operating day for each recovery furnace and lime kiln. Each 24-hour average shall be determined as the arithmetic mean of the appropriate 24 contiguous 1-hour average TRS concentrations provided by each continuous monitoring system installed under 9VAC5-40-1770 B 1.

2. Calculate and record on a daily basis the 24-hour average oxygen concentration for each operating day for each recovery furnace and lime kiln. These 24-hour averages shall correspond to the 24-hour average TRS concentration under subsection B 1 of this section and shall be determined as an arithmetic mean of the appropriate 24 contiguous one-hour average oxygen concentrations provided by each continuous monitoring system installed under 9VAC5-40-1770 B 1.

3. Correct all 24-hour average TRS concentrations to 10 volume percent oxygen, except that all 24-hour average TRS concentrations from a recovery furnace shall be corrected to 8 volume percent using the following equation:

C_corr = C_uncorr x (21-X)/(21-Y)

where:

C_corr = the concentration corrected for oxygen.

C_uncorr = the concentration uncorrected for oxygen.

X = the volumetric oxygen concentration in percentage to be corrected (8.0 for recovery furnaces and 10 for lime kilns, incinerators, or other devices).

Y = the measured 24-hour average volumetric oxygen concentration.

4. Record continuously on a daily basis the temperature of any applicable point of incineration.

5. Record on a daily basis the periods of operation for each operating day for each recovery furnace and lime kiln.

C. For the purpose of reports required under 9VAC5-40-50 C, the following information shall be reported:

1. For emissions from any recovery furnace, all 24-hour average TRS concentrations above the applicable emission standard in 9VAC5-40-1690.

2. For emissions from any lime kiln, all 24-hour average TRS concentrations above the applicable emission standard in 9VAC5-40-1690.

3. For emissions from any digester system, multiple-effect evaporator system, or condensate stripper system, all periods in excess of five minutes and their duration during which the combustion temperature is less than 1200°F if the gases are combusted in an incinerator or other device approved by the board which does not generate TRS.

4. For each recovery furnace or lime kiln, the periods of operation.

D. Each owner subject to the provisions of 9VAC5-40-1770 B 1 shall develop and implement a quality assurance plan. At a minimum the plan shall provide for daily calibration drift checks, periodic preventive maintenance, and annual audits. Section 3 of Procedure 1 of Appendix F of 40 CFR Part 60 may be used as a guide by which to pattern the plan.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1313, eff. October 1, 1989; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

9VAC5-40-1790. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1314, eff. January 1, 1985.

9VAC5-40-1800. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1315, eff. January 1, 1985.

9VAC5-40-1810. Permits.

A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

6. Operation of a facility.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1316, eff. January 1, 1985; amended, Virginia Register Volume 15, Issue 12, eff. April 1, 1999.

Article 14
Emission Standards for Sand and Gravel Processing Operations and Stone Quarrying and Processing Operations (Rule 4-14)

9VAC5-40-1820. Applicability and designation of affected facility.

Article 14
Emission Standards for Sand and Gravel Processing Operations and Stone Quarrying and Processing Operations (Rule 4-14)

A. The affected facility to which the provisions of this article apply is each sand and gravel processing operation and each stone quarrying and processing operation.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1401, eff. January 1, 1985.

9VAC5-40-1830. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Process operation" means a method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1402, eff. January 1, 1985.

9VAC5-40-1840. Standard for particulate matter.

A. No owner or other person shall cause or permit any material to be produced, handled, stockpiled or transported without taking measures to reduce to a minimum any particulate matter from becoming airborne. Where it is practical to measure the emission, the emission shall not exceed the limits established by Table 4-14. All such airborne particulate matter emanating from the yards, sidings or roads of such operations shall be considered fugitive dust and shall be controlled as stipulated in 9VAC5-40-1860. All crushers shall be fitted with liquid sprays or other appropriate systems which effectively limit the escape of airborne dust. Vibrating and shaker screens handling dry materials shall be enclosed or fitted with a collector system which will prevent the release of more than 0.05 grains per standard cubic foot. All feeders, elevators, conveyors, transfer points, discharge points and loading points shall be equipped with collectors, sprays or other means when necessary to minimize the escape of dust.

B. Interpretation of emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. The provisions of this section shall not apply to affected facilities identified in subsection A of this section and located in AQCR 7; however, the provisions of 9VAC5-40-270 shall apply to the facilities.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1403, eff. January 1, 1985.

9VAC5-40-1850. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1404, eff. January 1, 1985.

9VAC5-40-1860. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1405, eff. January 1, 1985.

9VAC5-40-1870. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1406, eff. January 1, 1985.

9VAC5-40-1880. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1407, eff. January 1, 1985.

9VAC5-40-1890. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1408, eff. January 1, 1985.

9VAC5-40-1900. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1409, eff. January 1, 1985.

9VAC5-40-1910. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1410, eff. January 1, 1985.

9VAC5-40-1920. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1411, eff. January 1, 1985.

9VAC5-40-1930. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1412, eff. January 1, 1985.

9VAC5-40-1940. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1413, eff. January 1, 1985.

9VAC5-40-1950. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1414, eff. January 1, 1985.

Article 15
Emission Standards for Coal Preparation Plants (Rule 4-15)

9VAC5-40-1960. Applicability and designation of affected facility.

Article 15
Emission Standards for Coal Preparation Plants (Rule 4-15)

A. The affected facilities in coal preparation plants to which the provisions of this article apply are: thermal dryers, pneumatic coal- cleaning equipment (air tables), coal processing and conveying equipment (including breakers and crushers), coal storage systems, and coal transfer and loading systems.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1501, eff. January 1, 1985.

9VAC5-40-1970. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Coal preparation plant" means any facility (excluding underground mining operations) which prepares coal by one or more of the following processes: breaking, crushing, screening, wet or dry cleaning, and thermal drying.

"Coal processing and conveying equipment" means any machinery used to reduce the size of coal or to separate coal from refuse, and the equipment used to convey coal to or remove coal and refuse from the machinery. This includes, but is not limited to, breakers, crushers, screens and conveyor belts.

"Coal storage system" means any facility used to store coal except for open storage piles.

"Pneumatic coal-cleaning equipment" means any facility which classifies bituminous coal by size or separates bituminous coal from refuse by application of air streams.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means the total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Thermal drier" means any facility in which the moisture content of bituminous coal is reduced by contact with a heated gas stream which is exhausted to the atmosphere.

"Transfer and loading system" means any facility used to transfer and load coal for shipment.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1502, eff. January 1, 1985.

9VAC5-40-1980. Standard for particulate matter.

A. Thermal driers.

1. No owner or other person shall cause or permit to be discharged into the atmosphere from any thermal drier any particulate emissions in excess of the limits in Table 4-15A.

2. Interpretation of the emission standard in subdivision A 1 of this section shall be in accordance with 9VAC5-40-22.

B. Pneumatic coal-cleaning equipment.

1. No owner or other person shall cause or permit to be discharged into the atmosphere from any pneumatic coal-cleaning equipment any particulate emissions in excess of 0.05 grains per standard cubic foot of exhaust gas. In no event shall the emission rate exceed the appropriate limit in Table 4-15B.

2. Interpretation of the emission standard in subdivision B 1 of this section shall be in accordance with 9VAC5-40-22.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1503, eff. January 1, 1985.

9VAC5-40-1990. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1504, eff. January 1, 1985.

9VAC5-40-2000. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1505, eff. January 1, 1985.

9VAC5-40-2010. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1506, eff. January 1, 1985.

9VAC5-40-2020. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1507, eff. January 1, 1985.

9VAC5-40-2030. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1508, eff. January 1, 1985.

9VAC5-40-2040. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1509, eff. January 1, 1985.

9VAC5-40-2050. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1510, eff. January 1, 1985.

9VAC5-40-2060. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1511, eff. January 1, 1985.

9VAC5-40-2070. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1512, eff. January 1, 1985.

9VAC5-40-2080. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1513, eff. January 1, 1985.

9VAC5-40-2090. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1514, eff. January 1, 1985.

Article 16
Emission Standards for Portland Cement Plants (Rule 4-16)

9VAC5-40-2100. Applicability and designation of affected facility.

Article 16
Emission Standards for Portland Cement Plants (Rule 4-16)

A. The affected facilities in Portland cement plants to which the provisions of this article apply are: kiln, clinker cooler, raw mill system, finish mill system, raw mill dryer, raw material storage, clinker storage, finished product storage, conveyor transfer points, bagging and bulk loading and unloading systems.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1601, eff. January 1, 1985.

9VAC5-40-2110. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Portland cement plant" means any facility manufacturing portland cement by either the wet or dry process.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means the total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1602, eff. January 1, 1985.

9VAC5-40-2120. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any particulate emissions in excess of the limits in Table 4-16.

B. Interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1603, eff. January 1, 1985.

9VAC5-40-2130. Standard for sulfur dioxide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any sulfur dioxide emissions in excess of the following limits:

S = 2.64K

where:

S = allowable emission of sulfur dioxide expressed in pounds per hour.

K = actual heat input expressed in Btu X 10⁶ per hour.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1604, eff. January 1, 1985.

9VAC5-40-2140. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1605, eff. January 1, 1985.

9VAC5-40-2150. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1606, eff. January 1, 1985.

9VAC5-40-2160. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1607, eff. January 1, 1985.

9VAC5-40-2170. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1608, eff. January 1, 1985.

9VAC5-40-2180. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1609, eff. January 1, 1985.

9VAC5-40-2190. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1610, eff. January 1, 1985.

9VAC5-40-2200. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1611, eff. January 1, 1985.

9VAC5-40-2210. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1612, eff. January 1, 1985.

9VAC5-40-2220. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1613, eff. January 1, 1985.

9VAC5-40-2230. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1614, eff. January 1, 1985.

9VAC5-40-2240. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1615, eff. January 1, 1985.

Article 17
Emission Standards for Woodworking Operations (Rule 4-17)

9VAC5-40-2250. Applicability and designation of affected facility.

Article 17
Emission Standards for Woodworking Operations (Rule 4-17)

A. The affected facility to which the provisions of this article apply is each woodworking operation.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1701, eff. January 1, 1985.

9VAC5-40-2260. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Woodworking operation" means any operation involving the generation of small wood waste particles (shavings, sanderdust, sawdust, etc.) by any kind of mechanical manipulation of wood, bark, or wood byproducts. Includes, but is not limited to, sawing, planing, chipping, shaping, moulding, hogging, lathing and sanding. Also includes any woodworking waste collection operation.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1702, eff. January 1, 1985.

9VAC5-40-2270. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere any particulate emissions caused by any woodworking operation without providing, as a minimum, for their collection, adequate duct work and properly designed collectors, or such other devices, as approved by the board.

B. Particulate emissions shall not exceed 0.05 grains per standard cubic feet of exhaust gas.

C. The provisions of this section shall not apply to affected facilities identified in subsection A of this section and located in AQCR 7; however, the provisions of 9VAC5-40-270 shall apply to the facilities.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1703, eff. January 1, 1985.

9VAC5-40-2280. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1704, eff. January 1, 1985.

9VAC5-40-2290. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1705, eff. January 1, 1985.

9VAC5-40-2300. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1706, eff. January 1, 1985.

9VAC5-40-2310. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1707, eff. January 1, 1985.

9VAC5-40-2320. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1708, eff. January 1, 1985.

9VAC5-40-2330. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1709, eff. January 1, 1985.

9VAC5-40-2340. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1710, eff. January 1, 1985.

9VAC5-40-2350. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1711, eff. January 1, 1985.

9VAC5-40-2360. Registration.

The provisions of 9VAC5-40-60 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1712, eff. January 1, 1985.

9VAC5-40-2370. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-40-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1713, eff. January 1, 1985.

9VAC5-40-2380. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1714, eff. January 1, 1985.

Article 18
Emission Standards for Primary and Secondary Metal Operations (Rule 4-18)

9VAC5-40-2390. Applicability and designation of affected facility.

Article 18
Emission Standards for Primary and Secondary Metal Operations (Rule 4-18)

A. The affected facility to which the provisions of this article apply is each primary metal operation and each secondary metal operation.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1801, eff. January 1, 1985.

9VAC5-40-2400. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Aluminum production operation" means the production of aluminum or aluminum alloys from aluminum pigs, foundry returns or scrap material by smelting or melting to the metallic form. Includes fluxing, alloying, degassing, and demagging operations.

"Brass or bronze" means any metal alloy containing copper as its predominant constituent and lesser amounts of zinc, tin, lead or other metals.

"Brass or bronze production" means the production of brass or bronze ingots from scrap material by, or through a combination of, melting, smelting, refining or alloying.

"Ferroalloy production operation" means the production of any ferroalloy by use of a smelting furnace.

"Gray iron foundry operation" means the production of gray iron castings by use of a melting furnace.

"Lead" means elemental lead or alloys in which the predominant component is lead.

"Magnesium production operation" means the production of magnesium from scrap material by use of a furnace.

"Melt time" means the time in which the metal is melting and available at the spout or tap hole, excluding any time the equipment is idle, preheating or preparing for shutdown.

"Primary copper smelter" means any installation or any intermediate process engaged in the production of copper from copper sulfide ore concentrates through the use of pyrometallurgical techniques.

"Primary lead smelter" means any installation or any intermediate process engaged in the production of lead from lead sulfide ore concentrates through the use of pyrometallurgical techniques.

"Primary metal operation" means any operation which involves the production of a metal from metal ore concentrates through the use of pyrometallurgical techniques.

"Primary zinc smelter" means any installation or any intermediate process engaged in the production of zinc or zinc oxide from zinc sulfide ore concentrates through the use of pyrometallurgical techniques.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means the total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Secondary lead production operation" means the production of lead from lead bearing scrap material by smelting to the metallic form.

"Secondary metal operation" means any aluminum production operation, brass or bronze production operation, ferroalloy production operation, gray iron foundry operation, secondary lead production operation, magnesium production operation, steel foundry operation or zinc process operation.

"Steel foundry operation" means the production of steel castings by use of a melting furnace.

"Zinc process operation" means zinc reclaiming, zinc oxide manufacturing and zinc galvanizing.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1802, eff. January 1, 1985.

9VAC5-40-2410. Standard for particulate matter.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any secondary metal operation any particulate emissions in excess of the limits in Table 4-18.

B. Interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. The permissible emission rates as shown in Table 4-18 shall apply during the melt time but shall not apply during the time of preheat or preparing for shutdown. The exemption for preheating and shutdown shall be limited to two 20-minute periods in a given eight-hour period for each furnace unit.

D. The provisions of this section shall not apply to affected facilities identified in subsection A of this section and located in AQCR 7; however, the provisions of 9VAC5-40-270 shall apply to the facilities.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1803, eff. January 1, 1985.

9VAC5-40-2420. Standard for sulfur oxides.

No owner or other person shall cause or permit to be discharged into the atmosphere from any primary metal operation any sulfur oxide emissions in excess of the following limits:

Copper Smelters: Y = 0.2X

Zinc Smelters: Y = 0.564X^0.85

Lead Smelters: Y = 0.98X^0.77

where:

X = total sulfur fed to the smelter in lb/hr.

Y = allowable sulfur oxide emissions in lb/hr.

Note: This provision in effect requires removal of about 90% of the input-sulfur to the smelter.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1804, eff. January 1, 1985.

9VAC5-40-2430. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1805, eff. January 1, 1985.

9VAC5-40-2440. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1806, eff. January 1, 1985.

9VAC5-40-2450. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1807, eff. January 1, 1985.

9VAC5-40-2460. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1808, eff. January 1, 1985.

9VAC5-40-2470. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1809, eff. January 1, 1985.

9VAC5-40-2480. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1810, eff. January 1, 1985.

9VAC5-40-2490. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1811, eff. January 1, 1985.

9VAC5-40-2500. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1812, eff. January 1, 1985.

9VAC5-40-2510. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1813, eff. January 1, 1985.

9VAC5-40-2520. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1814, eff. January 1, 1985.

9VAC5-40-2530. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1815, eff. January 1, 1985.

Article 19
Emission Standards for Lightweight Aggregate Process Operations (Rule 4-19)

9VAC5-40-2540. Applicability and designation of affected facility.

Article 19
Emission Standards for Lightweight Aggregate Process Operations (Rule 4-19)

A. The affected facility to which the provisions of this article apply is each lightweight aggregate process operation.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1901, eff. January 1, 1985.

9VAC5-40-2550. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1902, eff. January 1, 1985.

9VAC5-40-2560. Standard for particulate matter.

A. No owner or other person shall cause, or permit to be discharged into the atmosphere from any lightweight aggregate process operation any particulate emissions in excess of the limits in Table 4-19.

B. Except as provided in subsection C of this section, interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. For a process weight rate between any two consecutive rates in Table 4-19, or for rates over 50 tons per hour, the maximum allowable emission rate may be calculated by the following equation:

E = 3.51 P

where:

E = emission rate in lb/hr.

P = process weight rate in tons/hr.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1903, eff. January 1, 1985.

9VAC5-40-2570. Standard for sulfur oxides.

No owner or other person shall cause, or permit fuel with a sulfur content in excess of three pounds per million Btu to be used in the processing of lightweight aggregate.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1904, eff. January 1, 1985.

9VAC5-40-2580. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1905, eff. January 1, 1985.

9VAC5-40-2590. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1906, eff. January 1, 1985.

9VAC5-40-2600. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1907, eff. January 1, 1985.

9VAC5-40-2610. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1908, eff. January 1, 1985.

9VAC5-40-2620. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1909, eff. January 1, 1985.

9VAC5-40-2630. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1910, eff. January 1, 1985.

9VAC5-40-2640. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1911, eff. January 1, 1985.

9VAC5-40-2650. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1912, eff. January 1, 1985.

9VAC5-40-2660. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1913, eff. January 1, 1985.

9VAC5-40-2670. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1914, eff. January 1, 1985.

9VAC5-40-2680. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-1915, eff. January 1, 1985.

Article 20
Emission Standards for Feed Manufacturing Operations (Rule 4-20)

9VAC5-40-2690. Applicability and designation of affected facility.

Article 20
Emission Standards for Feed Manufacturing Operations (Rule 4-20)

A. The affected facility to which the provisions of this article apply is each feed manufacturing operation.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2001, eff. January 1, 1985.

9VAC5-40-2700. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Feed manufacturing" means receiving, conditioning (drying, sizing, cleaning), blending and pelleting of grains, and their subsequent bagging or bulk loading.

"Manufacturing operation" means any process operation or combination of physically connected dissimilar process operations which is operated to effect physical or chemical changes, or both, in an article.

"Materials handling equipment" means any equipment used as a part of a process operation or combination of process operations which does not effect a physical or chemical change in the material or in an article, such as, but not limited to, conveyors, elevators, feeders or weighters.

"Physically connected" means any combination of process operations connected by materials handling equipment and designed for simultaneous complementary operation.

"Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or processing operation which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any process unit which may cause any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and gaseous fuels charged or combustion air for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the total process weight for the entire period of continuous operation or for a typical portion of it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a period that covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during such a period.

"Production rate" means the weight of final product obtained per hour of operation. If the rate of product going to storage can vary, the production rate shall be determined by calculation from the feed rates of raw material.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2002, eff. January 1, 1985.

9VAC5-40-2710. Standard for particulate matter.

A. No owner or other person shall cause, or permit to be discharged into the atmosphere from any feed manufacturing operation any particulate emissions in excess of the limits in Table 4-20.

B. Except as provided in subsections C and D of this section, interpretation of the emission standard in subsection A of this section shall be in accordance with 9VAC5-40-22.

C. The process weight rate entry to be used in Table 4-20 for feed manufacturing process units shall be considered as the production rate.

D. The process weight rate entry to be used in Table 4-20 for feed manufacturing operations involving physically connected dissimilar process operations shall be the sum of the process weight rates of each of the dissimilar process operations. The materials handling equipment shall not be considered as a part of the process operation for determination of process weight rate.

E. The provisions of this section shall not apply to affected facilities identified in subsection A of this section and located in AQCR 7; however, the provisions of 9VAC5-40-270 shall apply to the facilities.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2003, eff. January 1, 1985.

9VAC5-40-2720. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2004, eff. January 1, 1985.

9VAC5-40-2730. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2005, eff. January 1, 1985.

9VAC5-40-2740. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2006, eff. January 1, 1985.

9VAC5-40-2750. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2007, eff. January 1, 1985.

9VAC5-40-2760. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2008, eff. January 1, 1985.

9VAC5-40-2770. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2009, eff. January 1, 1985.

9VAC5-40-2780. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2010, eff. January 1, 1985.

9VAC5-40-2790. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2011, eff. January 1, 1985.

9VAC5-40-2800. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2012, eff. January 1, 1985.

9VAC5-40-2810. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2013, eff. January 1, 1985.

9VAC5-40-2820. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2014, eff. January 1, 1985.

Article 21
Emissions Standards for Sulfuric Acid Production Units (Rule 4-21)

9VAC5-40-2830. Applicability and designation of affected facility.

Article 21
Emissions Standards for Sulfuric Acid Production Units (Rule 4-21)

A. The affected facility to which the provisions of this article apply is each sulfuric acid production unit.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2101, eff. January 1, 1985.

9VAC5-40-2840. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Sulfuric acid mist" means sulfuric acid mist, as measured by Reference Method 8 or an equivalent or alternative method.

"Sulfuric acid production unit" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfides and mercaptans, or acid sludge; but does not include facilities where conversion to sulfuric acid is utilized primarily as a means of preventing emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2102, eff. January 1, 1985.

9VAC5-40-2850. Standard for sulfur dioxide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any sulfuric acid production unit any sulfur dioxide emissions in excess of a concentration of 2000 parts per million by volume and a mass emission rate of 27 pounds per ton of 100% acid produced when elemental sulfur is used for feed material, or 3500 ppm by volume and a mass emission rate of 45 pounds per ton of 100% acid produced when other raw materials such as recycled spent acid and ores are used as feed. These emissions levels may be exceeded for a period not longer than 24 hours during start-up.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2103, eff. January 1, 1985.

9VAC5-40-2860. Standard for sulfuric acid mist.

No owner or other person shall cause or permit to be discharged into the atmosphere from any sulfuric acid production unit any sulfuric acid mist emissions in excess of 0.5 pound per ton of sulfuric acid produced, the production being expressed as 100% H₂SO₄.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2104, eff. January 1, 1985.

9VAC5-40-2870. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2105, eff. January 1, 1985.

9VAC5-40-2880. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2106, eff. January 1, 1985.

9VAC5-40-2890. Standard for odor.

The provision of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standard for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2107, eff. January 1, 1985.

9VAC5-40-2900. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2108, eff. January 1, 1985.

9VAC5-40-2910. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2109, eff. January 1, 1985.

9VAC5-40-2920. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2110, eff. January 1, 1985.

9VAC5-40-2930. Monitoring.

A. The provisions of 9VAC5-40-40 (Monitoring) apply.

B. Unless otherwise approved by the board, owners of sulfuric acid production units specified in subsection C of this section shall install, calibrate, maintain and operate systems for continuously monitoring and recording specified emissions in accordance with 9VAC5-40-40 and 9VAC5-40-41.

C. Sulfuric acid production units of greater than 300 tons per day production capacity (the production being expressed as 100% acid) shall be monitored for sulfur dioxide emissions.

D. The pollutant gas used to prepare calibration gas mixtures under paragraph 2.1, Performance Specifications 2 of Appendix B of 40 CFR 60 and for calibration checks under 9VAC5-40-41 shall be sulfur dioxide (SO₂). Reference Method 8 shall be used for conducting monitoring system performance evaluations under of 9VAC5-40-41 except that only the sulfur dioxide portion of the Reference Method 8 results shall be used. The span shall be set at 1,000 ppm of sulfur dioxide.

E. The owner shall establish a conversion factor for the purpose of converting monitoring data into units of the applicable standard (lb/short ton). The conversion factor shall be determined, as a minimum, three times daily by measuring the concentration of sulfur dioxide entering the converter using suitable methods (e.g., the Reich Test, "Atmospheric Emissions from Sulfuric Acid Manufacturing Processes," see 9VAC5-20-21) and calculating the appropriate conversion factor for each eight-hour period as follows:

where:

CF = conversion factor (lb/short ton per ppm).

k = constant derived from material balance. For determining CF in English units, k = 0.1306.

r = percentage of sulfur dioxide by volume entering the gas converter. Appropriate corrections must be made for air injection plants subject to the approval of the board.

s = percentage of sulfur dioxide by volume in the emission to the atmosphere determined by the continuous monitoring system.

F. The average sulfur dioxide concentration in the flue gases shall be multiplied by the conversion factor to obtain the average sulfur dioxide emissions in units of the applicable standard. The owner shall record all conversion factors and values under subsection E of this section from which they were computed (i.e., CF, r, and s).

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2111, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002.

9VAC5-40-2940. Notification, records and reporting.

A. The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

B. For the purpose of reports under 9VAC5-40-50 C, periods of excess emissions that shall be reported are defined as any three-hour period (or the arithmetic average of three consecutive one-hour periods) during which the integrated average sulfur dioxide emissions exceeds the applicable standard under 9VAC5-40-2850.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2112, eff. January 1, 1985.

9VAC5-40-2950. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2113, eff. January 1, 1985.

9VAC5-40-2960. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2114, eff. January 1, 1985.

9VAC5-40-2970. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2115, eff. January 1, 1985.

Article 22
Emission Standards for Sulfur Recovery Operations (Rule 4-22)

9VAC5-40-2980. Applicability and designation of affected facility.

Article 22
Emission Standards for Sulfur Recovery Operations (Rule 4-22)

A. The affected facility to which the provisions of this article apply is each sulfur recovery operation.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2201, eff. January 1, 1985.

9VAC5-40-2990. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Production rate" means the weight of final product obtained per hour of operation. If the rate or product going to storage can vary, the production rate shall be determined by calculation from the feed rates of raw material.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2202, eff. January 1, 1985.

9VAC5-40-3000. Standard for sulfur dioxide.

No owner or other person shall cause or permit to be discharged into the atmosphere from any sulfur recovery operation any sulfur dioxide emissions in excess of a concentration of 8000 parts per million by volume and in excess of the mass emission rate specified in Table 4-22.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2203, eff. January 1, 1985.

9VAC5-40-3010. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2204, eff. January 1, 1985.

9VAC5-40-3020. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2205, eff. January 1, 1985.

9VAC5-40-3030. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2206, eff. January 1, 1985.

9VAC5-40-3040. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2207, eff. January 1, 1985.

9VAC5-40-3050. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2208, eff. January 1, 1985.

9VAC5-40-3060. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2209, eff. January 1, 1985.

9VAC5-40-3070. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2210, eff. January 1, 1985.

9VAC5-40-3080. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2211, eff. January 1, 1985.

9VAC5-40-3090. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2212, eff. January 1, 1985.

9VAC5-40-3100. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2213, eff. January 1, 1985.

9VAC5-40-3110. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2214, eff. January 1, 1985.

Article 23
Emission Standards for Nitric Acid Production Units (Rule 4-23)

9VAC5-40-3120. Applicability and designation of affected facility.

Article 23
Emission Standards for Nitric Acid Production Units (Rule 4-23)

A. The affected facility to which the provisions of this article apply is each nitric acid production unit.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2301, eff. January 1, 1985.

9VAC5-40-3130. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Nitric acid production unit" means any facility producing nitric acid 30 to 70% in strength by either the pressure or atmospheric pressure process.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2302, eff. January 1, 1985.

9VAC5-40-3140. Standard for nitrogen oxides.

No owner or other person shall cause or permit to be discharged into the atmosphere from any nitric acid production unit any emissions of nitrogen oxides (expressed as nitrogen dioxide) in excess of 5.5 pounds per ton of 100% acid produced.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2303, eff. January 1, 1985.

9VAC5-40-3150. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2304, eff. January 1, 1985.

9VAC5-40-3160. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2305, eff. January 1, 1985.

9VAC5-40-3170. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2306, eff. January 1, 1985.

9VAC5-40-3180. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2307, eff. January 1, 1985.

9VAC5-40-3190. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2308, eff. January 1, 1985.

9VAC5-40-3200. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2309, eff. January 1, 1985.

9VAC5-40-3210. Monitoring.

A. The provisions of 9VAC5-40-40 (Monitoring) apply.

B. Unless otherwise approved by the board, owners of existing sources specified in subsection C of this section shall install, calibrate, maintain and operate systems for continuously monitoring and recording emissions of specified pollutants.

C. Nitric acid plants of greater than 300 tons per day production capacity (the production capacity being expressed as 100% acid) shall be monitored for nitrogen oxides emissions.

D. The pollutant gas used to prepare calibration gas mixtures under paragraph 2.1, Performance Specification 2 of Appendix B of 40 CFR 60 and for calibration checks under 9VAC5-40-41 shall be nitrogen dioxide (NO₂). The span shall be set at 500 ppm of nitrogen dioxide. Reference Method 7 shall be used for conducting monitoring system performance evaluations under 9VAC5-40-41.

E. The owner shall establish a conversion factor for the purpose of converting monitoring data into units of the applicable standard (lb/short ton). The conversion factor shall be established by measuring emissions with the continuous monitoring system concurrent with measuring emissions with the applicable reference method tests. Using only that portion of the continuous monitoring emission data that represents emission measurements concurrent with the reference method test periods, the conversion factor shall be determined by dividing the reference method test data average by the monitoring data averages to obtain a ratio expressed in units of the applicable standard to units of the monitoring data, i.e., lb/short ton per ppm. The conversion factor shall be reestablished during any emission test under 9VAC5-40-30 or any continuous monitoring system performance evaluation under 9VAC5-40-41. The average nitrogen oxides concentration in the flue gases shall be multiplied by the conversion factor to obtain the average nitrogen oxides emissions in the units of the applicable standard.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2310, eff. January 1, 1985.

9VAC5-40-3220. Notification, records and reporting.

A. The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

B. The owner shall record the production rate and hours of operation.

C. For the purpose of reports required under 9VAC5-40-50 C, periods of excess emissions that shall be reported are defined as any three-hour period during which the average nitrogen oxides emissions (arithmetic average of three contiguous one-hour periods) exceed the standard under 9VAC5-40-3140.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2311, eff. January 1, 1985.

9VAC5-40-3230. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2312, eff. January 1, 1985.

9VAC5-40-3240. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2313, eff. January 1, 1985.

9VAC5-40-3250. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2314, eff. January 1, 1985.

Article 24
Emission Standards for Solvent Metal Cleaning Operations Using Nonhalogenated Solvents (Rule 4-24)

9VAC5-40-3260. Applicability and designation of affected facility.

Article 24
Emission Standards for Solvent Metal Cleaning Operations Using Nonhalogenated Solvents (Rule 4-24)

A. The affected facility to which the provisions of this article apply is each solvent metal cleaning operation using nonhalogenated solvents, including, but not limited to, cold or vapor degreasing at service stations; motor vehicle repair shops; automobile dealerships; machine shops; and any other metal refinishing, cleaning, repair, or fabrication facility.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206. They do not apply to sources in the Northern Virginia volatile organic compound emissions control area designated in 9VAC5-20-206. These sources are subject to Article 47 (9VAC5-40-6820 et seq.). of this part.

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 VR120-04-2401, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996; Volume 13, Issue 10, eff. April 1, 1997; Volume 20, Issue 12, eff. March 24, 2004.

9VAC5-40-3270. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Cold cleaning" means the batch process of cleaning and removing foreign matter from metal surfaces by spraying, brushing, flushing or immersion while maintaining the solvent below its boiling point. Wipe cleaning is not included in this definition.

"Conveyorized degreasing" means the continuous process of cleaning and removing foreign matter from metal surfaces by operating with either cold or vaporized solvents.

"Freeboard height"

a. For cold cleaners, the distance from the liquid solvent level in the degreaser tank to the lip of the tank.

b. For open top vapor degreasers, the distance from the solvent-to-air interface in the tank to the lip of the tank.

c. For conveyerized degreasers, the distance from the solvent-to-air interface to the bottom of the entrance or exit opening, whichever is lower.

"Freeboard ratio" means the freeboard height divided by the width of the degreaser.

"Lower explosive limit" means the lower limit of flammability of a gas or vapor at ordinary ambient temperatures expressed in percent of the gas or vapor in air by volume.

"Nonhalogenated solvent" means any solvent other than methylene chloride, perchloroethylene, trichloroethylene, 1,1,1- trichloroethane, carbon tetrachloride, or chloroform. Nonhalogenated solvents may include trace quantities of halogenated solvents which are:

a. Unintended residues in recycled solvents, or

b. Unintended impurities resulting from chemical reaction in the manufacturing process.

"Open top vapor degreasing" means the batch process of cleaning and removing foreign matter from metal surfaces by condensing hot solvent vapor on the colder metal parts.

"Solvent" means organic materials which are liquid at standard conditions and which are used as dissolvers, viscosity reducers or cleaning agents.

"Solvent metal cleaning" means the process of cleaning foreign matter from metal surfaces by cold cleaning or open top vapor degreasing or conveyorized degreasing.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2402, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-3280. Standard for volatile organic compounds.

A. Conveyorized degreasing.

1. No owner or other person shall use or permit the use of any conveyorized degreaser unless such degreaser is equipped with a control method that will remove, destroy or prevent the discharge into the atmosphere of at least 70% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision A 1 of this section by use of the methods in 9VAC5-40-3290 A and D will be acceptable to the board.

B. Open top vapor degreasing.

1. No owner or other person shall use or permit the use of any open top vapor degreaser unless such degreaser is equipped with a control method that will remove, destroy or prevent the discharge into the atmosphere of at least 75% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision B 1 of this section by use of the methods in 9VAC5-40-3290 B and D will be acceptable to the board.

C. Cold cleaning.

1. No owner or other person shall use or permit the use of any cold cleaner unless such cleaner is equipped with a control method that will remove, destroy or prevent the discharge into the atmosphere of at least 85% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision C 1 of this section by use of the methods in 9VAC5-40-3290 C and D will be acceptable to the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2403, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-3290. Control technology guidelines.

A. Conveyorized degreasing.

1. Control requirements.

a. The degreaser (if the air/vapor interface is larger than 20 ft²) should be equipped with one of the following vapor control methods:

(1) Refrigerated chiller (a secondary set of condensing coils operating with a coolant of less than 40°F).

(2) Carbon adsorption system, with ventilation of 50 cfm/ft² or greater of conveyor opening area (when down-time covers are open), and exhausting less than 25 ppm of solvent by volume averaged over a complete adsorption cycle.

(3) Any method of equal or greater control efficiency to the methods in subdivisions A 1 a (1) and (2) of this section, provided such method is approved by the board.

b. The degreaser should be equipped with either a drying tunnel, or other means such as rotating (tumbling) basket, sufficient to prevent cleaned parts from carrying out solvent liquid or vapor.

c. The degreaser should be equipped with all of the following control devices:

(1) A device to prevent heat input unless there is adequate coolant.

(2) The spray shall be equipped with a device that will prevent spraying unless the degreaser is operating normally.

(3) A device to shut off the heat if the vapor level rises above a predetermined level.

d. Entrances and exits should silhouette work loads so that the average clearance (between the largest parts and the edge of the degreaser opening) is either four inches or 10% of the width of the opening, whichever is less.

e. Covers should be provided for closing off the entrance and exit during shutdown, heat-up and cool-down.

2. Operating requirements.

a. Exhausting ventilation should not exceed 65 cfm/ft² of degreaser open area, unless necessary to meet the requirements of any regulations promulgated by the U.S. Occupational Safety and Health Administration. Fans shall not be used near the degreaser opening.

b. Carry-out vapor losses should be minimized by racking parts to allow full drainage and maintaining vertical conveyor speed at less than 11 ft/min.

c. Waste solvent should not be disposed of or transferred to another party such that greater than 20% of the waste (by weight) can evaporate into the atmosphere. Waste solvent should only be stored in closed containers.

d. Solvent leaks should be repaired immediately or the degreaser should be shutdown.

e. Water should not be visibly detectable in the solvent exiting the water separator.

f. Down-time cover should be placed over entrances and exits of conveyorized degreaser immediately after the conveyor and exhaust are shutdown and removed just before they are started up.

B. Open top vapor degreasing.

1. Control requirements.

a. Covers should be provided that can be opened and closed easily without disturbing the vapor zone.

b. The degreaser should be equipped with all of the following control devices:

(1) A device to prevent heat input unless there is adequate coolant.

(2) The spray should be equipped with a method that will prevent spraying unless the degreaser is operating normally.

c. Degreaser should be equipped with one of the following vapor control methods:

(1) Freeboard ratio equal to or greater than 0.75. If the open area is larger than 10 ft², the cover should be powered.

(2) Refrigerated chiller (a secondary set of condensing coils operating with a coolant of less than 40°F).

(3) Enclosed design (cover or door opens only when the dry part is actually entering or exiting the degreaser).

(4) Carbon adsorption system, with ventilation of 50 cfm/ft² or greater of air/vapor area (when cover is open), and exhausting less than 25 ppm solvent by volume averaged over one complete adsorption cycle.

(5) Any method of equal or greater control efficiency to the methods in subdivisions B 1 c (1) through (4) of this section, provided such method is approved by the board.

d. A permanent label, summarizing operating procedures in subdivisions B 2 a through f of this section, should be placed in a conspicuous location on or near the degreaser.

2. Operating requirements.

a. The cover should be kept closed at all times except when processing work loads through the degreaser.

b. Carry-out vapor losses should be minimized by:

(1) Racking parts to allow full drainage;

(2) Moving parts in and out of the degreaser at less than 11 ft/min;

(3) Degreasing the work load in the vapor zone at least 30 seconds or until condensation ceases, whichever is longer;

(4) Tipping out any pools of solvent on the cleaned parts before removal; and

(5) Allowing parts to dry within the degreaser for at least 15 seconds or until visually dry, whichever is longer.

c. Porous or absorbent materials, such as cloth, leather, wood or rope should not be degreased.

d. Work loads should not occupy more than half of the degreaser's open top area.

e. The vapor level should not drop more than four inches when the work load enters the vapor zone. However, for certain specific solvent vapor degreasing operations where of necessity very large masses are required to be degreased at one time, such as large castings and fabricated assemblies, the manufacturers design should accommodate a drop of the vapor-air interface of more than four inches. This introduction of such large masses of necessity causes significant vapor-air interface drop and so the problem must be resolved by engineering of the degreaser in these cases rather than by limiting the amount of air-vapor interface drop.

f. Spraying above the vapor level should not be done.

g. Solvent leaks should be repaired immediately or the degreaser shutdown.

h. Waste solvent, still, and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that would allow pressure relief, but would not allow liquid solvent to drain from the container.

i. Exhaust ventilation should not exceed 65 cfm/ft² of degreaser open area, unless necessary to meet OSHA requirements. Fans should not be used near the degreaser opening.

j. Water should not be visually detectable in solvent exiting the water separator.

C. Cold cleaning.

1. Control requirements.

a. Covers or enclosed remote reservoirs should be provided. Covers should be designed so that they can be easily operated with one hand. (Covers for larger degreasers may require mechanical assistance, by spring loading, counterweighting or powered systems). Enclosed remote reservoirs should be designed such that they provide reduction effectiveness equivalent to that of a cover.

b. External or internal drainage facilities should be provided to collect and return the solvent to a closed container or a solvent cleaning machine. If a solvent volatility is greater than 0.6 psi measured at 100°F, then the drainage facilities should be internal so that parts are enclosed under the cover while draining. Drainage facilities may be external for applications where an internal type cannot fit into the cleaning system.

c. A permanent label, summarizing the operating procedures in subdivisions C 2 a through c of this section, should be placed in a conspicuous location on or near the degreaser.

d. If used, the solvent spray should be a solid, fluid stream (not a fine, atomized or shower type spray) and at a pressure which does not cause excessive splashing.

e. If a solvent volatility is greater than 0.6 psi measured at 100°F, or if solvent is heated above 120°F, then the degreaser (if the open area is greater than 20 ft²) should be equipped with one of the following vapor control methods:

(1) Freeboard ratio that is equal to or greater than 0.7.

(2) Water cover (solvent should be insoluble in and heavier than water).

(3) Refrigerated chiller (a secondary set of condensing coils operating with a coolant of less than 40°F).

(4) Carbon adsorption system, with ventilation of 50 cfm/ft² or greater of air/vapor area (when down-time covers are open), and exhausting less than 25 ppm of solvent by volume averaged over a complete adsorption cycle.

(5) Any method of equal or greater control efficiency to the methods in subdivisions C 1 e (1) through (4) of this section, provided such method is approved by the board.

2. Operating requirements.

a. Waste solvent should not be disposed of or transferred to another party, such that greater than 20% of the waste (by weight) can evaporate into the atmosphere. Store waste solvent only in closed containers.

b. The degreaser cover should be closed whenever not handling parts in the cleaner.

c. Cleaned parts should drain for at least 15 seconds or until dripping ceases.

D. Disposal of waste solvent from solvent metal cleaning operations should be by one of the following methods:

1. Reclamation (either by outside services or in-house).

2. Incineration.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2404, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

9VAC5-40-3300. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2405, eff. January 1, 1985.

9VAC5-40-3310. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2406, eff. January 1, 1985.

9VAC5-40-3320. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2407, eff. January 1, 1985.

9VAC5-40-3330. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2408, eff. January 1, 1985.

9VAC5-40-3340. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2409, eff. January 1, 1985.

9VAC5-40-3350. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2410, eff. January 1, 1985.

9VAC5-40-3360. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2411, eff. January 1, 1985.

9VAC5-40-3370. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2412, eff. January 1, 1985.

9VAC5-40-3380. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2413, eff. January 1, 1985.

9VAC5-40-3390. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2414, eff. January 1, 1985.

9VAC5-40-3400. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

6. Operation of a facility.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2415, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. April 1, 1996.

Article 25
Emission Standards for Volatile Organic Compound Storage and Transfer Operations (Rule 4-25)

9VAC5-40-3410. Applicability and designation of affected facility.

Article 25
Emission Standards for Volatile Organic Compound Storage and Transfer Operations (Rule 4-25)

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each operation involving the storage or transfer of volatile organic compounds or both.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to:

1. Facilities subject to the provisions of the emission standards for storage or transfer of petroleum liquids (Article 37 (9VAC5-40-5200 et seq.) of this chapter); or

2. Facilities using volatile organic compounds with a vapor pressure less than 1.5 pounds per square inch absolute under actual storage conditions or, in the case of filling, under actual filling conditions.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2501, eff. July 1, 1991.

9VAC5-40-3420. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"External floating roof" means a storage vessel cover in an open top tank consisting of a double deck or pontoon single deck which rests upon and is supported by the liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

"Internal floating roof" means a cover or roof in a fixed roof tank which rests upon or is floated upon the liquid being contained and is equipped with a closure seal or seals to close the space between the roof edge and tank shell.

"Liquid-mounted" means a primary seal mounted so the bottom of the seal covers the liquid surface between the tank shell and the floating roof.

"Submerged fill pipe" means any fill pipe the discharge opening of which is entirely submerged when the liquid level is six inches above the bottom of the tank; or, when applied to a tank which is loaded from the side, any fill pipe the discharge opening of which is entirely submerged when at the minimum operating level.

"Vapor-mounted" means a primary seal mounted so there is an annular vapor space underneath the seal. The annular vapor space is bounded by the bottom of the primary seal, the tank shell, the liquid surface, and the floating roof.

"Vapor tight" means capable of holding a pressure of 18 inH₂0 and a vacuum of 6 inH₂0 without sustaining a pressure change of more than 3 inH₂0 in five minutes.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2502, eff. July 1, 1985.

9VAC5-40-3430. Standard for volatile organic compounds.

A. Filling of storage tanks.

1. No owner or other person shall use or permit the use of any stationary storage tank for storage of any volatile organic compound unless such tank is equipped with a control method that will remove, destroy or prevent the discharge into the atmosphere of at least 60% by weight of volatile organic compound emissions during the filling of such tank.

2. Achievement of the emission standard in subsection A 1 of this section by use of the methods in 9VAC5-40-3440 A will be acceptable to the board.

3. Exempted from the provisions of this subsection are stationary storage tanks with a storage capacity of 2,000 gallons or less.

B. Volatile organic compound storage - fixed roof tanks.

1. No owner or other person shall use or permit the use of any fixed roof tank for storage of volatile organic compounds unless such tank is equipped with a control method which will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection B 1 of this section by use of control methods in 9VAC5-40-3440 B will be acceptable to the board.

3. Exempted from the provisions of this subsection are stationary storage tanks with a storage capacity of 40,000 gallons or less.

4. The owner of a fixed roof tank subject to the provisions of subsection B 1 of this section shall:

a. When the fixed roof tank is equipped with an internal floating roof, perform a visual inspection annually of the floating cover through the roof hatches, to ascertain compliance with the specifications in subsection B 4 (1) and (2).

(1) The cover should be uniformly floating on or above the liquid and there should be no visible defects in the surface of the cover or liquid accumulated on the cover.

(2) The seal must be intact and uniformly in place around the circumference of the cover between the cover and tank wall.

b. Perform a complete inspection of the cover and seal and record the condition of the cover and seal when the tank is emptied for nonoperational reasons such as maintenance, an emergency, or other similar purposes.

c. Maintain records of the average monthly storage temperature and true vapor pressure of the liquid as stored, and the results of the inspection performed under the provisions of subsection B 4 a and b of this section.

C. Volatile organic compound storage - floating roof tanks.

1. No owner or other person shall use or permit the use of any floating roof tank for storage of volatile organic compounds, unless such tank is equipped with a control method which will remove, destroy or prevent the discharge into the atmosphere of at least 90% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subsection C 1 of this section by use of methods in 9VAC5-40-3440 C will be acceptable to the board.

3. Exempted from the provisions of this subsection are stationary storage tanks with a storage capacity of 40,000 gallons or less.

4. The owner of a floating roof tank subject to the provisions of subsection C 1 of this section shall:

a. Perform routine inspections annually which shall include a visual inspection of the secondary seal gap.

b. When the floating roof is equipped with a vapor-mounted primary seal, measure the secondary seal gap annually in accordance with subsections C 4 b (1) and (2) of this section.

(1) Physically measuring the length and width of all gaps around the entire circumference of the secondary seal in each place where a 1/8 inch uniform diameter probe passes freely (without forcing or binding against the seal) between the seal and tank wall; and

(2) Summing the area of the individual gaps.

c. Maintain records of the types of volatile organic compounds stored, the maximum true vapor pressure of the liquid as stored, and the results of the inspections performed under the provisions of subsection C 4 a and b of this section.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2503, eff. July 1, 1991.

9VAC5-40-3440. Control technology guidelines.

A. Filling of storage tanks. The tank should be a pressure tank maintaining working pressure sufficient at all times to prevent vapor loss to the atmosphere, or be designed and equipped with one of the following vapor control systems:

1. Filling of the tank through the use of a submerged fill pipe.

2. Any system of equal or greater control efficiency to the system in subsection A 1 of this section, provided such system is approved by the board.

B. Volatile organic compound storage - fixed roof tanks.

1. The tank should be a pressure tank maintaining working pressure sufficient at all times to prevent vapor loss to the atmosphere, or be designed and equipped with one of the following vapor control systems:

a. An internal floating roof resting on the surface of the liquid contents and equipped with a closure seal, or seals, to close the space between the roof edge and tank shell. All tank gauging and sampling devices should be vapor tight except when gauging or sampling is taking place.

b. Any system of equal or greater control efficiency to the system in subsection B 1 a of this section, provided such system is approved by the board.

2. There should be no visible holes, tears or other openings in the seal or any seal fabric.

3. All openings, except stub drains, should be equipped with a cover, seal or lid. The cover, seal or lid should be in a closed position at all times except when the device is in actual use. Automatic bleeder vents should be closed at all times except when the roof is floated off or landed on the roof leg supports. Rim vents, if provided should be set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting.

4. The exterior aboveground surfaces (exposed to sunlight) should be painted white, light pastels or light metallic and such exterior paint should be periodically maintained in good condition. Repainting may be performed during normal maintenance periods.

C. Volatile organic compound storage - floating roof tanks.

1. The tank should be designed and equipped with one of the following vapor control systems:

a. An external floating roof resting on the surface of the liquid contents and equipped with a seal closure device (meeting the specifications set forth in subsection C 2 and 3 of this section) to close the space between the roof edge and tank shell. All tank gauging and sampling devices should be vapor tight except when gauging or sampling is taking place.

b. Any system of equal or greater control efficiency to the system in subsection C 1 a of the section, provided such system is approved by the board.

2. Unless the tank is a welded tank fitted with a metallic-type shoe seal which has a secondary seal from the top of the shoe seal to the tank wall (a shoe-mounted secondary), the tank should be fitted with a continuous secondary seal extending from the floating roof to the tank wall (a rim-mounted secondary) if:

a. The tank is a welded tank, the true vapor pressure of the contained liquid is 4.0 psi or greater, and the primary seal is one of the following:

(1) A metallic-type shoe seal.

(2) A liquid-mounted foam seal.

(3) A liquid-mounted liquid-filled type seal.

(4) Any other seal closure device which can be demonstrated equivalent to the primary seals specified in subsection C 2 a (1) through (3) of this section.

b. The tank is a riveted tank, the true vapor pressure of the contained liquid is 1.5 psi, or greater, and the seal closure device is as described in subsection C 2 a of this section.

c. The tank is a welded or riveted tank, the true vapor pressure of the contained liquid is 1.5 psi, or greater, and the primary seal is vapor mounted. When such primary seal closure device can be demonstrated equivalent to the primary seals described in subsection C 2 a of this section the provisions of that subsection apply.

3. The seal closure devices should meet the following requirements:

a. There should be no visible holes, tears or other openings in the seal or any seal fabric.

b. The seal should be intact and uniformly in place around the circumference of the floating roof between the floating roof and the tank wall.

c. The areas where the gap between the secondary seal, installed pursuant to subsection C 2 c of this section, and the tank wall exceeds 1/8 inch in width shall be calculated in square inches. The sum of all such areas shall not exceed 1.0 square inch per foot of tank diameter.

4. All openings, except for automatic bleeder vents, rim space vents and leg sleeves, should provide a projection below the liquid surface. All openings, except stub drains, should be equipped with a cover, seal or lid. The cover, seal or lid should be in a closed position at all times except when the device is in actual use. Automatic bleeder vents should be closed at all times except when the roof is floated off or landed on the roof leg supports. Rim vents, if provided, should be set to open when the roof is being floated off the roof leg supports or at the manufacturer's recommended setting. Any emergency roof drain should be provided with a slotted membrane fabric cover or equivalent cover that covers at least 90% of the area of the opening.

5. The exterior above ground surfaces (exposed to sunlight) should be painted white, light pastels, or light metallic and such exterior paint should be periodically maintained in good condition. Repainting may be performed during normal maintenance periods.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2504, eff. July 1, 1991.

9VAC5-40-3450. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2505, eff. January 1, 1985.

9VAC5-40-3460. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2506, eff. January 1, 1985.

9VAC5-40-3470. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2507, eff. January 1, 1985.

9VAC5-40-3480. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2508, eff. January 1, 1985.

9VAC5-40-3490. Compliance.

The provisions of 9VAC5-40-20 (Compliance) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2509, eff. January 1, 1985.

9VAC5-40-3500. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2510, eff. January 1, 1985.

9VAC5-40-3510. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2511, eff. January 1, 1985.

9VAC5-40-3520. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2512, eff. January 1, 1985.

9VAC5-40-3530. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2513, eff. January 1, 1985.

9VAC5-40-3540. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2514, eff. January 1, 1985.

9VAC5-40-3550. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate Regional Office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2515, eff. January 1, 1985.

Article 26
Emission Standards for Large Appliance Coating Application Systems (Rule 4-26) [Repealed]

9VAC5-40-3560. (Repealed.)

Historical Notes

Derived from VR120-04-2601, eff. July 1, 1991; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3570. (Repealed.)

Historical Notes

Derived from VR120-04-2602, eff. July 1, 1991; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3580. (Repealed.)

Historical Notes

Derived from VR120-04-2603, eff. July 1, 1991; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3590. (Repealed.)

Historical Notes

Derived from VR120-04-2604, eff. July 1, 1991; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3600. (Repealed.)

Historical Notes

Derived from VR120-04-2605, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3610. (Repealed.)

Historical Notes

Derived from VR120-04-2606, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3620. (Repealed.)

Historical Notes

Derived from VR120-04-2607, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3630. (Repealed.)

Historical Notes

Derived from VR120-04-2608, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3640. (Repealed.)

Historical Notes

Derived from VR120-04-2609, eff. July 1, 1991; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3650. (Repealed.)

Historical Notes

Derived from VR120-04-2610, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3660. (Repealed.)

Historical Notes

Derived from VR120-04-2611, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3670. (Repealed.)

Historical Notes

Derived from VR120-04-2612, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3680. (Repealed.)

Historical Notes

Derived from VR120-04-2613, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3690. (Repealed.)

Historical Notes

Derived from VR120-04-2614, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

9VAC5-40-3700. (Repealed.)

Historical Notes

Derived from VR120-04-2615, eff. January 1, 1985; repealed, Virginia Register Volume 40, Issue 14, April 11, 2024.

Article 27
Emission Standards for Magnet Wire Coating Application Systems (Rule 4-27)

9VAC5-40-3710. Applicability and designation of affected facility.

Article 27
Emission Standards for Magnet Wire Coating Application Systems (Rule 4-27)

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each magnet wire coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to coating application systems used exclusively for determination of product quality and commercial acceptance provided:

1. The operation is not an integral part of the production process;

2. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

3. The exemption is approved by the board.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2701, eff. July 1, 1991.

9VAC5-40-3720. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system where a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Flashoff area" means the space between the application area and the oven.

"Magnet wire coating" means the process of applying a coating, electrically insulating varnish or enamel to aluminum or copper wire for use in electrical machinery.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2702, eff. July 1, 1991.

9VAC5-40-3730. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 1.7 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

B. Achievement of the emission standard in subsection A of this section by use of methods in 9VAC5-40-3740 will be acceptable to the board.

C. No owner or other person shall use any coating system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both.

2. The use of detergents, high pressure water, or other nonvolatile cleaning methods.

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment.

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2703, eff. July 1, 1991.

9VAC5-40-3740. Control technology guidelines.

The control technology should consist of one or more of the following:

1. Use of waterborne coatings.

2. Use of powder coatings.

3. Incineration.

4. Any technology of equal or greater control efficiency when compared to the use of coating complying with 9VAC5-40-3730 A, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2704, eff. July 1, 1991.

9VAC5-40-3750. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2705, eff. January 1, 1985.

9VAC5-40-3760. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2706, eff. January 1, 1985.

9VAC5-40-3770. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2707, eff. January 1, 1985.

9VAC5-40-3780. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2708, eff. January 1, 1985.

9VAC5-40-3790. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-3730 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2709, eff. July 1, 1991.

9VAC5-40-3800. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2710, eff. January 1, 1985.

9VAC5-40-3810. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2711, eff. January 1, 1985.

9VAC5-40-3820. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, records and reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2712, eff. January 1, 1985.

9VAC5-40-3830. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2713, eff. January 1, 1985.

9VAC5-40-3840. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2714, eff. January 1, 1985.

9VAC5-40-3850. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2715, eff. January 1, 1985.

Article 28
Emission Standards for Automobile and Light Duty Truck Coating Application Systems (Rule 4-28)

9VAC5-40-3860. Applicability and designation of affected facility.

Article 28
Emission Standards for Automobile and Light Duty Truck Coating Application Systems (Rule 4-28)

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each automobile or light duty truck coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to the following:

1. Coating application systems used exclusively for determination of product quality and commercial acceptance provided:

a. The operation is not an integral part of the production process;

b. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

c. The exemption is approved by the board.

2. Vehicle refinishing operations.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2801, eff. July 1, 1991.

9VAC5-40-3870. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Anti-chip coating" means a resilient coating applied over the prime coat and beneath the topcoat to body parts prone to chip damage for the purpose of protecting the topcoat from chipping.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Automobile" means any passenger car or passenger car derivative capable of seating 12 or fewer passengers.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Clear coating" means a coating which lacks color and opacity or is transparent and uses the undercoat or basecoat as a reflectant base or undertone color.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system in which a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Electrocoat primer" means the initial coating on components of automobile or light-duty truck bodies that is applied by electrode position.

"Extreme environmental conditions" means exposure to any one of the following: weather all of the time, temperatures consistently above 95°C, detergents, scouring, solvents, corrosive atmospheres or similar environmental conditions.

"Extreme performance coatings" means coatings which are required to be used by design specification on products designed for harsh exposure or extreme environmental conditions.

"Flashoff area" means the space between the application area and the oven.

"Guidecoat" means the surface coating applied over the electrocoat primer and beneath the topcoat.

"Light-duty truck" means any motor vehicle rated at 8,500 pounds gross vehicle weight or less which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle; includes pickups, vans and window vans.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of these.

"Topcoat" means the final coating applied to components of automobile or light-duty truck bodies.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2802, eff. July 1, 1991.

9VAC5-40-3880. Standard for volatile organic compounds.

A. Prime application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 1.2 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection A 1 of this section by use of methods in 9VAC5-40-3890 A will be acceptable to the board.

B. Guidecoat application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 2.8 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection B 1 of this section by use of methods in 9VAC5-40-3890 B will be acceptable to the board.

C. Topcoat application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 15.1 pounds per gallon of solids applied to the automobile or light-duty truck components or 2.8 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection C 1 of this section by use of methods in 9VAC5-40-3890 C will be acceptable to the board.

D. Final repair application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 4.8 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection D 1 of this section by use of methods in 9VAC5-40-3890 D will be acceptable to the board.

E. Anti-chip coating application.

1. Except as provided in subsection E 2 of this section, no owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of:

a. 3.5 pounds per gallon of coating, excluding water, delivered to a coating applicator that applies extreme performance coatings; or

b. 3.0 pounds per gallon of coating, excluding water, delivered to a coating applicator for all other coatings and coating application systems.

2. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 2.8 pounds per gallon of coating, excluding water, delivered to a coating applicator that applies anti-chip coatings to the visible surface of main body parts.

3. Achievement of the emission standard in subsections E 1 and 2 of this section by use of methods in 9VAC5-40-3890 E will be acceptable to the board.

F. The provisions of subsections A, B, and C of this section shall not be applicable to the use of wheel enamels, anti-rust coatings, and sealers or other coating operations not associated with prime, guidecoat, or topcoat application to the vehicle body.

G. No owner or other person shall use any coating application system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other non-volatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; or

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2803, eff. July 1, 1991.

9VAC5-40-3890. Control technology guidelines.

A. Prime application. The control technology should consist of one or more of the following:

1. Use of electrodeposited waterborne coatings.

2. Use of other waterborne coatings.

3. Use of lower solvent (higher solids) organic solvent-borne systems.

4. Carbon adsorption.

5. Incineration.

6. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3880 A 1, provided such technology is approved by the board.

B. Guidecoat application. The control technology should consist of one or more of the following:

1. Use of waterborne coatings;

2. Use of lower solvent (higher solids) organic solvent-borne systems;

3. Carbon adsorption; and

4. Incineration; or

5. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3880 B 1, provided such technology is approved by the board.

C. Topcoat application. The control technology should consist of one or more of the following:

1. Use of waterborne coatings;

2. Use of lower solvent (higher solids) organic solvent-borne systems;

3. Carbon adsorption; and

4. Incineration; or

5. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3880 C 1, provided such technology is approved by the board.

D. Final repair application. The control technology should consist of one or more of the following:

1. Use of lower solvent (higher solids) organic solvent borne systems;

2. Carbon adsorption; and

3. Incineration; or

4. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3880 D 1, provided such technology is approved by the board.

E. Anti-chip coating application. The control technology should consist of one or more of the following:

1. Use of electrodeposited waterborne coatings;

2. Use of other waterborne coatings;

3. Use of high solids coatings;

4. Use of powder coatings;

5. Carbon adsorption; and

6. Incineration; or

7. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3880 E 1, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2804, eff. July 1, 1991.

9VAC5-40-3900. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2805, eff. January 1, 1985.

9VAC5-40-3910. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2806, eff. January 1, 1985.

9VAC5-40-3920. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2807, eff. January 1, 1985.

9VAC5-40-3930. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2808, eff. January 1, 1985.

9VAC5-40-3940. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-3880 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2809, eff. January 1, 1985.

9VAC5-40-3950. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2810, eff. January 1, 1985.

9VAC5-40-3960. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2811, eff. January 1, 1985.

9VAC5-40-3970. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2812, eff. January 1, 1985.

9VAC5-40-3980. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2813, eff. January 1, 1985.

9VAC5-40-3990. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2814, eff. January 1, 1985.

9VAC5-40-4000. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2815, eff. January 1, 1985.

Article 29
Emission Standards for Can Coating Application Systems (Rule 4-29)

9VAC5-40-4010. Applicability and designation of affected facility.

Article 29
Emission Standards for Can Coating Application Systems (Rule 4-29)

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each can coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to coating application systems used exclusively for determination of product quality and commercial acceptance provided:

1. The operation is not an integral part of the production process;

2. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

3. The exemption is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2901, eff. July 1, 1991.

9VAC5-40-4020. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system where a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and flashoff area or drying area to be included in this definition.

"Flashoff area" means the space between the application area and the oven.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2902, eff. July 1, 1991.

9VAC5-40-4030. Standard for volatile organic compounds.

A. Sheet basecoat (exterior and interior) and overvarnish; two-piece can exterior (basecoat and overvarnish).

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 2.8 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection A 1 of this section by use of methods in 9VAC5-40-4040 A will be acceptable to the board.

B. Two-piece and three-piece can interior body spray; two-piece can exterior end (spray or roll coat).

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 4.2 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection B 1 of this section by use of methods in 9VAC5-40-4040 B will be acceptable to the board.

C. Three-piece can side-seam spray.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 5.5 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection C 1 of this section by use of methods in 9VAC5-40-4040 C will be acceptable to the board.

D. End sealing compound coating.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 3.7 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection D 1 of this section by use of methods in 9VAC5-40-4040 D will be acceptable to the board.

E. No owner or other person shall use any coating system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other non-volatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; and

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2903, eff. July 1, 1991.

9VAC5-40-4040. Control technology guidelines.

A. Sheet basecoat (exterior and interior) and overvarnish; two-piece can exterior (basecoat and overvarnish). The control technology should consist of one or more of the following:

1. Use of electrodeposited waterborne coatings;

2. Use of ultraviolet coatings;

3. Use of high solids coatings;

4. Carbon adsorption; and

5. Incineration; or

6. Any technology of equal or greater control efficiency when compared to the use of coating complying with 9VAC5-40-4030 A 1, provided such technology is approved by the board.

B. Two-piece and three-piece can interior body spray; two-piece can exterior end (spray or roll coat). The control technology should consist of one or more of the following:

1. Use of waterborne coatings;

2. Use of powder coatings;

3. Use of high-solids coatings;

4. Carbon adsorption; and

5. Incineration; or

6. Any technology of equal or greater control efficiency when compared to the use of coating complying with 9VAC5-40-4030 B 1, provided such technology is approved by the board.

C. Three-piece can side-seam spray. The control technology should consist of one or more of the following:

1. Use of waterborne coatings;

2. Use of powder coatings; and

3. Use of high solids coatings; or

4. Any technology of equal or greater control efficiency when compared to the use of coating complying with 9VAC5-40-4030 C 1, provided such technology is approved by the board.

D. End sealing compound coating. The control technology should consist of one or more of the following:

1. Use of waterborne coatings;

2. Use of high-solids coatings; or

3. Any technology of equal or greater control efficiency when compared to the use of coating complying with 9VAC5-40-4030 D 1, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2904, eff. July 1, 1991.

9VAC5-40-4050. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2905, eff. January 1, 1985.

9VAC5-40-4060. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2906, eff. January 1, 1985.

9VAC5-40-4070. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2907, eff. January 1, 1985.

9VAC5-40-4080. Standard for toxic pollutants.

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2908, eff. January 1, 1985.

9VAC5-40-4090. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-4030 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2909, eff. July 1, 1991.

9VAC5-40-4100. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2910, eff. January 1, 1985.

9VAC5-40-4110. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2911, eff. January 1, 1985.

9VAC5-40-4120. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2912, eff. January 1, 1985.

9VAC5-40-4130. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2913, eff. January 1, 1985.

9VAC5-40-4140. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2914, eff. January 1, 1985.

9VAC5-40-4150. Permits.

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart-up) of a facility.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-2915, eff. January 1, 1985.

Article 30
Emission Standards for Metal Coil Coating Application Systems (Rule 4-30)

9VAC5-40-4160. Applicability and designation of affected facility.

Article 30
Emission Standards for Metal Coil Coating Application Systems (Rule 4-30)

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each metal coil coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to coating application systems used exclusively for determination of product quality and commercial acceptance provided:

1. The operation is not an integral part of the production process;

2. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

3. The exemption is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3001, eff. July 1, 1991.

9VAC5-40-4170. Definitions.

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system wherein a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Coil coating" means the coating of any flat metal sheet or strip that comes in rolls or coils.

"Flashoff area" means the space between the application area and the oven.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3002, eff. July 1, 1991.

9VAC5-40-4180. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 2.6 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

B. Achievement of the emission standard in subsection A of this section by use of methods in 9VAC5-40-4190 will be acceptable to the board.

C. No owner or other person shall use any coating application system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other non-volatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; and

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3003, eff. July 1, 1991.

9VAC5-40-4190. Control technology guidelines.

Control technology should consist of one of the following:

1. Use of electrodeposited waterborne coatings;

2. Use of other waterborne coatings;

3. Use of high-solids coatings;

4. Incineration; or

5. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-4180 A, provided such technology is approved by the board.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3004, eff. July 1, 1991.

9VAC5-40-4200. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-04-3005, eff. January 1, 1985.

9VAC5-40-4210. Standard for fugitive dust/emissions.