Part III. General Permit Administrative Procedures
9VAC5-510-90. Requirements for granting an authorization to operate under the general permit.
A. The department may grant an authorization to operate under the general permit for a source that meets the applicability criteria in 9VAC5-510-40. The authorization to operate may include an authorization to construct, modify and relocate the source operating under the general permit.
B. After the initial authorization to construct, modify, relocate and operate under the general permit has been granted for a nonmetallic mineral processing facility, new and modified emissions units at the facility may operate under the general permit in accordance with the terms and conditions of the general permit.
C. Stationary sources or emissions units subject to the general permit shall comply with all requirements applicable to other permits issued under 9VAC5 Chapter 80 (9VAC5-80).
D. The general permit is issued in accordance with § 2.2-4006 A 9 of the Administrative Process Act.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.
9VAC5-510-100. Applications for coverage under the general permit and notices of termination.
A. Nonmetallic mineral processing facilities that qualify for the general permit may apply to the department for coverage under the terms and conditions of the general permit.
B. A single application is required identifying each emissions unit or groups of emissions units to be covered by the general permit. The application shall be submitted according to the requirements of this section, 9VAC5-510-110 and procedures approved by the department. Where several emissions units are included in one stationary source, a single application covering all units in the source shall be submitted. A separate application is required for each stationary source subject to this chapter.
C. The application shall meet the requirements of this chapter and include all information necessary to determine qualification for and to assure compliance with the general permit.
D. Coverage under the general permit may be terminated by the permittee by filing a completed notice of termination as specified in 9VAC5-510-130 B. The notice of termination shall be filed in situations (i) where all emissions associated with the facility authorized by the general permit are eliminated, (ii) when the facility authorized by the general permit has been determined to be shutdown in accordance with 9VAC5-20-220, or (iii) where the facility is covered by a permit issued under the provisions of 9VAC5 Chapter 80 (9VAC5-80).
E. Any application form, report, compliance certification, or other document required to be submitted to the department under this chapter shall meet the requirements of 9VAC5-20-230.
F. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in an application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.
9VAC5-510-110. Required information for initial applications.
A. The department will furnish application forms to applicants. The information required by this section shall be determined and submitted according to procedures and methods acceptable to the department.
B. Each initial application for coverage under the general permit shall include, but not be limited to, the following:
1. Information specified in 9VAC5-510-130 A.
2. Additional information that the department deems necessary to implement and enforce other requirements of the regulations of the board or to determine the applicability of such requirements.
3. Any additional information or documentation that the department deems necessary to review and analyze the air pollution aspects of the source.
4. A certification of compliance with all applicable requirements by a responsible official.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.
9VAC5-510-120. Required information for modifications and relocations.
The following information is required prior to modification of a facility or relocation of an emission unit:
1. The permittee shall provide written notification to the regional director, including a revised spreadsheet and a plant layout or flow diagram each time equipment is installed at a facility. The notification shall be submitted at least 15 days before the equipment is installed at the facility unless otherwise approved by the regional director.
2. The permittee shall provide written notification to the regional director, including a revised spreadsheet and a plant layout or flow diagram, each time an emissions unit is relocated. This notification shall be submitted within 15 days of the date the emissions unit leaves the facility, unless otherwise approved by the regional director.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.
9VAC5-510-130. Application statement and notice of termination forms.
A. The required statement for initial applications shall be in the following form:
NONMETALLIC MINERAL PROCESSING GENERAL PERMIT
APPLICATION STATEMENT
(please print or type)
1. Name of company:
2. Name of owner:
3. Name of plant:
4. Mailing address:
5. Plant site manager or contact:
6. Telephone number:
7. Registration number:
(new sites leave blank)
8. Project name:
9. Description of activity (minerals processed):
10. Primary standard industrial classification (SIC) code:
Secondary SIC codes:
11. County:
12. Location:
13. A spreadsheet and a plant layout or flow diagram for all emissions units at the nonmetallic mineral processing facility for which the application is submitted. The following information shall be included for each piece of equipment:
a. The total rated crushing capacity for all primary crushers at the facility.
b. A description of the equipment, including applicability of any standard of performance under 40 CFR Part 60, as follows:
(1) Widths of belt conveyors.
(2) Dimensions of the top screen and configuration (e.g., triple deck) of the screening unit.
(3) Rated capacity (ton/hr) of each crusher.
(4) Rated capacity (ton or ton/hr) of all other equipment not exempt from new source review program requirements.
c. A unique ID number.
d. The date the equipment was manufactured.
e. The dates any required performance testing was conducted and submitted to the regional director.
f. Total rated horsepower of all stationary diesel engines.
g. Maximum hours of operation or gallons of fuel to be consumed, for each stationary diesel engine.
h. A description and accounting of all emissions of regulated air pollutants from all emissions units or groups of emissions units. Emissions shall be determined in a manner acceptable to the department. Fugitive emissions shall be included in the application as provided in the spreadsheet.
14. Calculations on which the information in subdivision 14 h of this subsection is based to the extent not covered in the spreadsheet. Any calculations shall include sufficient detail to permit assessment of the validity of the calculations and to enable the department to verify the actual emissions and potential to emit for the stationary source. This may include, but not be limited to, the following:
a. Actual and potential emissions in tons per annual period for each emissions unit or group of emission units.
b. Information needed to determine emissions as follows: fuels, fuel use, raw materials, production rates, loading rates, and operating schedules.
c. Identification and description of air pollution control equipment and compliance monitoring devices or activities.
15. Attach to this application an aerial photo or scale map which clearly shows the property boundaries and plant site.
Certification:
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering and evaluating the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."
Signatures: Date:
Signatures: Date:
Name of persons signing above: (printed or typed)
(printed or typed)
Titles:
For Department use only:
Accepted/Not accepted by: Date:
Required attachments:
1. Local government certification form (greenfield sites only)
2. Spreadsheet and a plant layout or flow diagram
3. Aerial photo or scale map
B. The required notice of termination shall be in the following form:
NONMETALLIC MINERAL PROCESSING GENERAL PERMIT
NOTICE OF TERMINATION
1. Nonmetallic mineral processing general permit number:
2. Reason for termination request (Choose one):
a. The emissions associated with facility have been eliminated.
b. The facility authorized by the general permit has been determined to be shutdown in accordance with 9VAC5-20-220.
c. A permit has been issued for the facility covered by the general permit issued under the provisions of 9VAC5 Chapter 80 (9VAC5-80).
3. On what date do you wish coverage under this general permit to terminate?
4. Facility owner
Name:
Mailing address:
City: State: Zip code:
Phone:
5. Facility location
Name:
Address:
City: State: Zip code:
6. Certification:
"I certify under penalty of law that all emissions associated with the identified facility have been eliminated, that the facility authorized by the general permit has been determined to be shutdown in accordance with 9VAC5-20-220, or that a permit has been issued covering the facility under the provisions of 9VAC5 Chapter 80 (9VAC5-80). I understand that by submitting this notice of termination, I am no longer authorized to operate under the general permit. I also understand that the submittal of this notice of termination does not release an owner from liability for any violations of this permit under the Air Pollution Control Law."
Signatures: Date:
Date:
Name of persons signing above: (printed or typed)
(printed or typed)
Titles:
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002; amended, Virginia Register Volume 40, Issue 5, eff. October 23, 2023.
9VAC5-510-140. General permit content.
A. The general permit issued under this chapter will include the elements provided in this section.
B. The general permit will contain terms and conditions setting forth the applicable emission standards and requirements sufficient to assure compliance with the regulations of the board.
C. The general permit will contain terms and conditions setting forth the following requirements with respect to emission testing sufficient to assure compliance with the emission standards and requirements of the permit:
1. Requirements providing that owners of nonmetallic mineral processing facilities subject to the general permit may conduct emission tests, establish and maintain records, and make periodic emission reports as necessary to determine the actual emissions for the facility.
2. For cases where the owner elects to use the emission testing to determine the actual emissions for the facility, the permit will prescribe the procedures for the conduct of the emission tests.
D. The general permit will contain terms and conditions setting forth the following requirements with respect to emission monitoring sufficient to assure compliance with the emission standards and requirements of the permit:
1. Requirements providing that owners of nonmetallic mineral processing facilities subject to the general permit may install, calibrate, operate and maintain equipment for continuously monitoring and recording emissions or process parameters or both, and establish and maintain records, and make periodic emission reports as necessary to determine the actual emissions for the facility.
2. For cases where the owner elects to use the emission monitoring to determine the actual emissions for the facility, the permit will prescribe the procedures for the installation, calibration, operation and maintenance of equipment for continuously monitoring and recording emissions or process parameters or both.
E. The general permit will contain terms and conditions setting forth the following requirements concerning recordkeeping and reporting sufficient to assure compliance with the emission standards and requirements of the permit:
1. Requirements providing that owners of nonmetallic mineral processing facilities subject to the general permit shall establish and maintain records, provide notifications and reports, revise reports, report emission tests or monitoring results in a manner and form and using procedures as the general permit may prescribe.
2. Procedures for providing notifications and reports, revising reports, maintaining records or reporting emission test or monitoring results.
F. The general permit will contain terms and conditions with respect to enforcement sufficient to assure compliance with the emission standards and requirements of the permit.
G. The general permit will contain terms and conditions setting forth the following requirements with respect to compliance sufficient to assure compliance with the terms and conditions of the permit:
1. Requirements providing for compliance certification, testing, monitoring, reporting, and recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit.
2. Requirements providing for inspection and entry sufficient to assure compliance with the terms and conditions of the permit. At a minimum the permit will require that, upon presentation of credentials and other documents as may be required by law, the owner shall allow the department to perform the following:
a. Enter upon the premises where the source is located or emissions-related activity is conducted, or where records must be kept under the terms and conditions of the permit.
b. Have access to and copy, at reasonable times, any records that must be kept under the terms and conditions of the permit.
c. Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit.
d. Sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with the permit or applicable requirements.
H. The permit will contain terms and conditions pertaining to other requirements as may be necessary to ensure compliance with the regulations of the board, the Virginia Air Pollution Control Law and the federal Clean Air Act.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.
9VAC5-510-150. Granting an authorization to operate under the general permit.
A. The department will grant authorization to operate under the conditions and terms of the general permit to sources that meet the applicability criteria set forth in 9VAC5-510-40.
B. Granting an authorization to operate under the general permit to a nonmetallic mineral processing facility covered by the general permit is not subject to the public participation procedures under § 2.2-4006 A 9 of the Administrative Process Act.
C. A response to each application for coverage under the general permit will be provided within 30 days.
D. Nonmetallic mineral processing facilities covered under a general permit will be issued a letter, a certificate, or any other document which would attest that the facility is authorized to operate under the general permit. The document will be accompanied by a copy of the general permit and the application submitted by the permittee.
E. The letter, certificate or other document, along with the copy of the general permit, application and 40 CFR Part 60, subpart OOO, shall be retained by the department and at the stationary source.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.
9VAC5-510-160. Transfer of authorizations to operate under the general permit.
A. No person shall transfer an authorization to operate under the general permit from one stationary source to another or from one piece of equipment to another.
B. In the case of a transfer of ownership of a stationary source, the new owner shall comply with any permit issued or authorization to operate under the general permit granted to the previous owner. The new owner shall notify the department of the change in ownership within 30 days of the transfer.
C. In the case of a name change of a stationary source, the owner shall comply with any permit issued or authorization to operate under the general permit granted under the previous source name. The owner shall notify the department of the change in source name within 30 days of the name change.
Part IV
General Permit Terms And Conditions
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. December 1, 2002.