Part II. General Provisions
9VAC5-510-30. Purpose and basis.
A. The purpose of the general permit is to require the owners of existing and new emissions units in the nonmetallic mineral processing industry to construct, modify, relocate and operate within the terms and conditions of a general permit that forms the legally enforceable basis for all regulatory and statutory requirements.
B. This general permit is being issued under the authority of 9VAC5-80-1030 and 9VAC5-80-1250.
C. This chapter does not require any owner to apply for coverage under the general permit but provides the opportunity for an owner to apply for coverage if the nonmetallic mineral processing facility meets the applicability criteria in 9VAC5-510-40 and all other requirements of this chapter.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.
9VAC5-510-40. Applicability.
A. This chapter applies to any nonmetallic mineral processing facility.
B. This chapter applies throughout the Commonwealth of Virginia.
C. Nothing in this section shall prevent any owner of a stationary source from obtaining authorization to operate the nonmetallic mineral processing facilities under the general permit while operating the remainder of the source under any permit issued pursuant to 9VAC5 Chapter 80 (9VAC5-80).
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.
9VAC5-510-50. General.
A. The permittee shall operate the stationary source in conformance with all applicable regulations of the board.
B. Nonmetallic mineral processing facilities desiring authority to operate under the general permit shall register with the department as required under 9VAC5-20-160. For emissions units or groups of emissions units covered, the completion or updating of the spreadsheet shall be considered registration.
C. No provision of this chapter shall limit the power of the board to issue an operating permit pursuant to 9VAC5 Chapter 80 (9VAC5-80).
D. This chapter shall not relieve any stationary source from complying with the requirements of (i) any otherwise applicable permit issued under 9VAC5 Chapter 80 (9VAC5-80), (ii) any condition or term of any permit issued under 9VAC5 Chapter 80 (9VAC5-80), or (iii) any provision of a permit program. This chapter shall not preclude issuance of any permit with conditions or terms necessary to ensure compliance with this chapter.
E. For any nonmetallic mineral processing facility to be covered by the general permit, all equipment and emissions units at a stationary source that make up the nonmetallic mineral processing facility shall be covered by the general permit.
F. By the adoption of this chapter, the board confers upon the department the administrative, enforcement and decision making authority enumerated herein.
G. The promulgating of amendments to this regulation shall invalidate any authorization to operate under the general permit one year after the effective date of the amendments. Owners may reapply for authorization to operate under the amended general permit and the department may grant the authorization to operate as provided in 9VAC5-510-150.
H. Any decisions of the board or department made pursuant to this chapter may be appealed pursuant to 9VAC5-170-200, § 10.1-1318 of the Virginia Air Pollution Control Law, and the Administrative Process Act.
I. This general permit may not be used to meet the requirements of 9VAC5-80-120.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.
9VAC5-510-60. Existence of permit no defense.
The existence of a permit under this chapter shall not constitute a defense of a violation of the Virginia Air Pollution Control Law or the regulations of the board and shall not relieve any owner of the responsibility to comply with any applicable regulations, laws, ordinances and orders of the governmental entities having jurisdiction.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.
9VAC5-510-70. Circumvention.
A. No owner or other person shall cause or permit the installation or use of any device or any means which, without resulting in reduction in the total amount of air pollutants emitted, conceals or dilutes an emission of air pollutants which would otherwise violate this chapter. Such concealment includes, but is not limited to, either of the following:
1. The use of gaseous diluents to achieve compliance with a visible emissions standard or with a standard which is based on the concentration of a pollutant in gases discharged to the atmosphere.
2. The piecemeal carrying out of an operation to avoid coverage by a standard that applies only to operations larger than a specified size.
B. This section does not prohibit the construction of a stack.
C. Regardless of the exemptions provided in this chapter, permits shall be required of owners who circumvent the requirements of this chapter by causing or allowing a pattern of ownership or development over a geographic area of a source which, except for the pattern of ownership or development, would otherwise require a permit.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.
9VAC5-510-80. Enforcement of a general permit.
A. The following general requirements apply:
1. Pursuant to § 10.1-1322 of the Code of Virginia, failure to comply with any term or condition of the general permit shall be considered a violation of the Virginia Air Pollution Control Law.
2. Authorization to operate under the general permit may be revoked if the owner does any of the following:
a. Knowingly makes material misstatements in the application for coverage or any amendments thereto.
b. Violates, fails, neglects or refuses to comply with (i) the terms or conditions of the permit, (ii) any applicable requirements, or (iii) the applicable provisions of this chapter.
3. The department may suspend, under such conditions and for such period of time as the department may prescribe, any authorization to operate under the general permit for any of the grounds for revocation contained in subdivision 2 of this subsection or for any other violations of the regulations of the board.
4. Upon revocation of the authorization to operate under the general permit, the owner may request reauthorization to operate under the general permit and the department may grant the request at its discretion upon resolution of the issues that led to revocation.
B. The following requirements apply with respect to penalties:
1. An owner who violates or fails, neglects or refuses to obey any provision of this chapter or the Virginia Air Pollution Control Law, any applicable requirement, or any permit term or condition shall be subject to the provisions of § 10.1-1316 of the Virginia Air Pollution Control Law.
2. Any owner who knowingly violates any provision of this chapter or the Virginia Air Pollution Control Law, any applicable requirement, or any permit term or condition shall be subject to the provisions of § 10.1-1320 of the Virginia Air Pollution Control Law.
3. Any owner who knowingly makes any false statement, representation or certification in any form, in any notice or report required by a permit, or who knowingly renders inaccurate any required monitoring device or method shall be subject to the provisions of § 10.1-1320 of the Virginia Air Pollution Control Law.
C. The following requirements apply with respect to appeals:
1. The department will notify the applicant in writing of its decision, with its reasons, to deny suspend or revoke the authorization to operate under the general permit in accordance with the Administrative Process Act.
2. Appeal from any decision of the department under subdivision 1 of this subsection may be taken as provided by 9VAC5-170-200, § 10.1-1318 of the Virginia Air Pollution Control Law, and the Administrative Process Act.
D. The following requirements apply with respect to inspections and right of entry:
1. The director, as authorized under § 10.1-1307.3 of the Virginia Air Pollution Control Law and 9VAC5-170-60, has the authority to require that air pollution records and reports be made available upon request and to require owners to develop, maintain, and make available such other records and information as are deemed necessary for the proper enforcement of the general permit.
2. The director, as authorized under § 10.1-1307.3 of the Virginia Air Pollution Control Law, has the authority, upon presenting appropriate credentials to the owner, to do the following:
a. Enter without delay and at reasonable times any business establishment, construction site, or other area, workplace, or environment in the Commonwealth; and
b. Inspect and investigate during regular working hours and at other reasonable times, and within reasonable limits and in a reasonable manner, without prior notice, unless such notice is authorized by the department or its representative, any such business establishment or place of employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, and materials therein, and question privately any such employer, officer, owner, operator, agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered with, the department shall have the power to seek from a court having equity jurisdiction an order compelling such entry or inspection.
E. The board may enforce the general permit through the use of other enforcement mechanisms such as consent orders and special orders. The procedures for using these mechanisms are contained in 9VAC5-170-80 and 9VAC5-170-120 and in §§ 10.1-1307 D, 10.1-1309, and 10.1-1309.1 of the Virginia Air Pollution Control Law.
Part III
General Permit Administrative Procedures
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.