Administrative Code

Virginia Administrative Code
5/18/2021

Article 4. Standards of Performance for Stationary Sources (Rule 5-4)

9VAC5-50-240. Applicability and designation of affected facility.

Article 4
Standards of Performance for Stationary Sources (Rule 5-4)

A. The affected facilities at stationary sources to which the provisions of this article apply are emissions units that are subject to the new source review program.

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

C. The provisions of this article apply to any regulated air pollutant except to the extent that it is regulated under 9VAC5-60 (Hazardous Air Pollutant Sources). However, the exemption provided by this subsection does not extend to other properties of the exempted pollutants that may require regulation under 9VAC5-40 (Existing Stationary Sources) or 9VAC5-50 (New and Modified Stationary Sources).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V) 40 CFR Parts 51, 61, 63, 70, and 72.

Historical Notes

Derived from VR120-05-0401, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002; Volume 29, Issue 3, eff. November 7, 2012.

9VAC5-50-250. Definitions.

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section.

B. Unless otherwise required by context, all terms not defined herein shall have the meanings given them in 9VAC5-80 (Permits for Stationary Sources), 9VAC5-10 (General Definitions), or commonly ascribed to them by recognized authorities, in that order of priority.

C. Terms defined.

"Best available control technology" or "BACT" means, as used in 9VAC5-50-260, an emissions limitation (including a visible emission standard) based on the maximum degree of emission reduction for any pollutant which would be emitted from a new stationary source or project which the board, on a case-by-case basis, taking into account energy, environmental and economic impacts and other costs, determines is achievable for the new stationary source or project through the application of production processes or available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard in Article 5 (9VAC5-50-400 et seq.) of this part or Article 1 (9VAC5-60-60 et seq.) or Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources). If the board determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emission standard infeasible, a design, equipment, work practice, operational standard, or combination of them, may be prescribed instead of requiring the application of best available control technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. In determining best available control technology for stationary sources subject to Article 6 (9VAC5-80-1100 et seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources), consideration shall be given to the nature and amount of the emissions, emission control efficiencies achieved in the industry for the source type, total cost effectiveness, and where appropriate, the cost effectiveness of the incremental emissions reduction achieved between control alternatives.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70 and 72.

Historical Notes

Derived from VR120-05-0402, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002; Volume 22, Issue 23, eff. September 1, 2006; Volume 29, Issue 3, eff. November 7, 2012.

9VAC5-50-260. Standard for stationary sources.

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any emissions in excess of emissions limitations representing best available control technology, as reflected in any term or condition that may be placed upon the minor NSR permit approval for the facility.

B. A new stationary source shall apply best available control technology for each regulated pollutant for which there would be an uncontrolled emission rate equal to or greater than the levels in 9VAC5-80-1105 C. For a new stationary source, a permit may be issued pursuant to Article 6 (9VAC5-80-1100 et seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources) containing such terms and conditions as may be necessary to implement a best available control technology determination for any regulated air pollutant that may be emitted from any affected emissions unit.

C. A project shall apply best available control technology for each regulated pollutant for which there would be an increase in the uncontrolled emission rate equal to or greater than the levels in 9VAC5-80-1105 D. This requirement applies to each affected emissions unit in the project. For a project, a permit may be issued pursuant to Article 6 (9VAC5-80-1100 et seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources) containing such terms and conditions as may be necessary to implement a best available control technology determination for any regulated air pollutant emitted, or that may be emitted, from any affected emissions unit.

D. For the phased construction of new stationary sources or projects, the BACT determination shall be reviewed and modified, as appropriate, at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the new stationary source or project. At such time, the owner of the applicable stationary source or project may be required to demonstrate the adequacy of any previous BACT determination for the affected emissions units.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V) 40 CFR Parts 51, 61, 63, 70, and 72.

Historical Notes

Derived from VR120-05-0403, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002; Volume 29, Issue 3, eff. November 7, 2012.

9VAC5-50-270. Standard for major stationary sources (nonattainment areas).

A. For major stationary sources located in nonattainment areas, no owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any emissions in excess of that resultant from the lowest achievable emission rate, as reflected in any condition that may be placed upon the permit approval for the facility.

B. A major stationary source shall apply lowest achievable emission rate for each regulated NSR pollutant (as defined in 9VAC5-80-2010) that it would emit.

C. A major modification shall apply the lowest achievable emission rate to each new or modified emission unit which would increase the emissions of a regulated NSR pollutant.

D. In the case of a reconstruction, the determination of lowest achievable emission rate shall take into account any economic or technical limitations on compliance with applicable standards of performance (as specified in Article 5 (9VAC5-50-400 et seq.) of this chapter) which are inherent in the proposed replacements.

E. For phased construction projects, the determination of lowest achievable emission rate shall be reviewed, and modified as appropriate, at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of lowest achievable emission rate for the source.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70 and 72.

Historical Notes

Derived from VR120-05-0404, eff. January 1, 1985; amended, Virginia Register Volume 22, Issue 23, eff. September 1, 2006.

9VAC5-50-280. Standard for major stationary sources (prevention of significant deterioration areas).

A. For major stationary sources located in prevention of significant deterioration areas, no owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any 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.

B. A major stationary source shall apply best available control technology for each regulated NSR pollutant (as defined in 9VAC5-80-1615) that it would have the potential to emit in significant amounts.

C. A major modification shall apply best available control technology for each regulated NSR pollutant for which it would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of physical change or change in the method of operation in the unit.

D. For phased construction projects, the determination of best available control technology shall be reviewed, and modified as appropriate, at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70 and 72.

Historical Notes

Derived from VR120-05-0405, eff. January 1, 1985; amended, Virginia Register Volume 22, Issue 23, eff. September 1, 2006.

9VAC5-50-290. Standard for visible emissions.

The provisions of Article 1 (9VAC5-50-60 et seq.) of this chapter (Standards of Performance for Visible Emissions and Fugitive Dust/Emissions, Rule 5-1) apply.

Statutory Authority

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

Historical Notes

Derived from VR120-05-0406, eff. January 1, 1985.

9VAC5-50-300. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-50-60 et seq.) of this chapter (Standards of Performance for Visible Emissions and Fugitive Dust/Emissions, Rule 5-1) apply.

Statutory Authority

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

Historical Notes

Derived from VR120-05-0407, eff. January 1, 1985.

9VAC5-50-310. Standard for odor.

The provisions of Article 2 (9VAC5-50-130 et seq.) of this chapter (Emission Standards for Odorous Emissions, Rule 5-2) apply.

Statutory Authority

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

Historical Notes

Derived from VR120-05-0408, eff. January 1, 1985.

9VAC5-50-320. Standard for toxic pollutants.

The provisions of Article 5 (9VAC5-60-300 et seq.) of 9VACChapter 60 (Emissions Standards for Toxic Pollutants from New and Modified Sources, Rule 6-5) apply.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-05-0409, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002.

9VAC5-50-330. Compliance.

A. The provisions of 9VAC5-50-20 (Compliance) apply.

B. Nothing in this rule is intended to relieve any owner or other person from complying with any applicable standards or requirements contained in this part or other parts.

Statutory Authority

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

Historical Notes

Derived from VR120-05-0410, eff. January 1, 1985.

9VAC5-50-340. Test methods and procedures.

The provisions of 9VAC5-50-30 (Emission Testing) apply.

Statutory Authority

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

Historical Notes

Derived from VR120-05-0411, eff. January 1, 1985.

9VAC5-50-350. Monitoring.

The provisions of 9VAC5-50-40 (Monitoring) apply.

Statutory Authority

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

Historical Notes

Derived from VR120-05-0412, eff. January 1, 1985.

9VAC5-50-360. Notification, records and reporting.

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

Statutory Authority

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

Historical Notes

Derived from VR120-05-0413, eff. January 1, 1985.

9VAC5-50-370. 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 VR120-05-0414, eff. January 1, 1985.

9VAC5-50-380. 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 VR120-05-0415, eff. January 1, 1985.

9VAC5-50-390. Permits.

A permit may be required prior to beginning any of the activities specified below if the provisions of this chapter and 9VAC5 Chapter 80 (9VAC5-80) 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 VR120-05-0416, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.