Administrative Code

Virginia Administrative Code
12/7/2021

Article 3. Permits

9VAC5-140-200. General NOx Budget program permit requirements.

Article 3
Permits

A. For each NOx Budget source required to have a federally enforceable permit, such permit shall include a NOx Budget permit administered by the permitting authority.

1. For NOx Budget sources required to have a Title V operating permit, the NOx Budget portion of the Title V permit shall be administered in accordance with the permitting authority's Title V operating permits regulations.

2. For NOx Budget sources required to have a state operating permit, the NOx Budget portion of the state operating permit shall be administered in accordance with the permitting authority's regulations promulgated to administer state operating permits.

B. Each NOx Budget permit (including a draft or proposed NOx Budget permit, if applicable) shall contain all applicable NOx Budget program requirements and shall be a complete and segregable portion of the permit under subsection A of this section.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-210. Submission of NOx Budget permit applications.

A. The NOx authorized account representative of any NOx Budget source required to have a federally enforceable permit shall submit to the permitting authority a complete NOx Budget permit application under 9VAC5-140-220 by the applicable deadline in subsection B of this section.

B. 1. The following requirements shall apply to NOx Budget sources required to have a Title V operating permit:

a. For any source with one or more NOx Budget units under 9VAC5-140-40 that commenced operation before January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget units to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before May 31, 2004.

b. For any source with any NOx Budget unit under 9VAC5-140-40 that commences operation on or after January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget unit to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before the later of May 31, 2004, or the date on which the NOx Budget unit commences operation.

2. The following requirements shall apply to NOx Budget sources required to have a state operating permit:

a. For any source with one or more NOx Budget units under 9VAC5-140-40 that commenced operation before January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget units to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before May 31, 2004.

b. For any source with any NOx Budget unit under 9VAC5-140-40 that commences operation on or after January 1, 2001, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 covering such NOx Budget unit to the permitting authority at least 18 months (or such lesser time provided by the permitting authority) before the later of May 31, 2004, or the date on which the NOx Budget unit commences operation.

C. For a NOx Budget source required to have a Title V operating permit, the NOx authorized account representative shall submit a complete NOx Budget permit application under 9VAC5-140-220 for the NOx Budget source covering the NOx Budget units at the source in accordance with the permitting authority's Title V operating permits regulations addressing operating permit renewal.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; Errata, 18:22 VA.R. 2953 July 15, 2002.

9VAC5-140-220. Information requirements for NOx Budget permit applications.

A complete NOx Budget permit application shall include the following elements concerning the NOx Budget source for which the application is submitted, in a format prescribed by the permitting authority:

1. Identification of the NOx Budget source, including plant name and the ORIS (Office of Regulatory Information Systems) or facility code assigned to the source by the Energy Information Administration, if applicable;

2. Identification of each NOx Budget unit at the NOx Budget source; and

3. The standard requirements under 9VAC5-140-60.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-230. NOx Budget permit contents.

A. Each NOx Budget permit (including any draft or proposed NOx Budget permit, if applicable) will contain all elements required for a complete NOx Budget permit application under 9VAC5-140-220.

B. Each NOx Budget permit is deemed to incorporate automatically the definitions of terms under 9VAC5-140-20.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia; Clean Air Act (42 USC § 7401 et seq.); 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002; amended, Virginia Register Volume 34, Issue 5, eff. November 29, 2017.

9VAC5-140-240. Effective date of initial NOx Budget permit.

The initial NOx Budget permit covering a NOx Budget unit for which a complete NOx Budget permit application is timely submitted under 9VAC5-140-210 B shall become effective by the later of:

1. May 31, 2004;

2. May 1 of the year in which the NOx Budget unit commences operation, if the unit commences operation on or before May 1 of that year;

3. The date on which the NOx Budget unit commences operation, if the unit commences operation during a control period; or

4. May 1 of the year following the year in which the NOx Budget unit commences operation, if the unit commences operation on or after October 1 of the year.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

9VAC5-140-250. NOx Budget permit revisions.

A. For a NOx Budget source with a Title V operating permit, except as provided in 9VAC5-140-230 B, the permitting authority will revise the NOx Budget permit, as necessary, in accordance with the permitting authority's Title V operating permit regulations addressing permit revisions.

B. For a NOx Budget source with a state operating permit, except as provided in 9VAC5-140-230 B, the permitting authority will revise the NOx Budget permit, as necessary, in accordance with the permitting authority's state operating permit regulations addressing permit revisions.

Statutory Authority

§§ 10.1-1308 and 10.1-1322.3 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 18, Issue 20, eff. July 17, 2002.

9VAC5-140-260. [Reserved]. (Reserved)

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