Administrative Code

Virginia Administrative Code
5/13/2021

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.

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