Administrative Code

Virginia Administrative Code
5/13/2021

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.

TABLE 4-10

Process Weight Rate

Maximum Allowable Emission Rate

Tons/Hr

Lb/Hr

5 or less

10

10

16

15

22

20

28

25

31

50

33

100

37

150

40

200

43

250

47

300 or more

50

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.

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