Administrative Code

Virginia Administrative Code
5/17/2021

Article 2. Standards of Performance for Odorous Emissions (Rule 5-2)

9VAC5-50-130. Applicability and designation of affected facility.

Article 2
Standards of Performance for Odorous Emissions (Rule 5-2)

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 infrequent emissions of odors.

Statutory Authority

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

Historical Notes

Derived from VR120-05-0201, eff. January 1, 1985.

9VAC5-50-140. Standard for odorous emissions.

A. The owner shall use the best available control technology as approved by the board for the control of odorous emissions.

B. No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility and odorous emissions in excess of that resultant from using best available control technology, as reflected in any condition that may be placed upon the permit approval for the facility.

Statutory Authority

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

Historical Notes

Derived from VR120-05-0203, eff. January 1, 1985.

9VAC5-50-150. Determination of violation.

A. The determination of violation 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 or other methods approved by the board, or both.

B. If the discharge of odorous emissions is due to the failure of the owner or other person to meet any conditions of a permit issued under 9VAC5 Chapter 80 (9VAC5-80-10 et seq.), the board will automatically consider the emissions to be in violation of 9VAC5-50-140 and proceed accordingly.

Statutory Authority

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

Historical Notes

Derived from VR120-05-0204, eff. January 1, 1985.

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