Virginia Law

Part IV. General Permit Terms and Conditions

9VAC5-520-140. General permit.

A. Any owner whose application is approved by the Director of Department of Environmental Quality shall receive this permit and shall comply with the requirements in it and be subject to all requirements of this chapter and the regulations of the board.

B. In compliance with the provisions of the Virginia Air Pollution Control Law and regulations adopted pursuant to it, owners of qualified energy generators are authorized to construct and test under the authority of this permit, except those where board regulations or policies prohibit such operation.

C. The authorization to construct and test under this permit shall be in accordance with the cover letter to this permit, 9VAC5-520-150 (General terms and conditions), 9VAC5-520-160 (Process requirements), 9VAC5-520-170 (Permit emission thresholds), 9VAC5-520-180 (Testing schedule), 9VAC5-520-190 (Compliance determination and verification by emission testing), 9VAC5-520-200 (Recordkeeping requirements), 9VAC5-520-210 (Reporting requirements), 9VAC5-520-220 (Compliance), and 9VAC5-520-230 (Enforcement).

Statutory Authority

§ 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 27, Issue 17, eff. May 25, 2011.

9VAC5-520-150. General terms and conditions.

A. The permittee is authorized to construct and test a biomass pilot test facility located within the boundaries of the Commonwealth of Virginia, in accordance with the approved permit application and conditions of this permit except where board regulations or policies prohibit such activities.

B. The permittee shall comply with the terms and conditions of this permit prior to commencing any physical or operational change or activity that will result in making the facility subject to the new source review program.

Statutory Authority

§ 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 27, Issue 17, eff. May 25, 2011.

9VAC5-520-160. Process requirements.

A. Each biomass pilot test facility shall comply with visible emissions and fugitive dust/emissions standards of Article 1 (9VAC5-50-60 et seq.) of Part II of 9VAC5-50 (New and Modified Stationary Sources). No owner or other person shall cause or permit any materials or property to be handled, transported, stored, used, constructed, altered, repaired, or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne.

B. Each biomass pilot test facility shall comply with the odor standards in Article 2 (9VAC5-50-130 et seq.) of Part II of 9VAC5-50 (New and Modified Stationary Sources). Under no circumstances shall the biomass qualified energy generator or associated raw material storage or handling cause an odor objectionable to individuals of ordinary sensibility.

C. Once per week, the permittee shall observe the biomass pilot test facility's fuel preparation and storage operations to determine if there are any visible emissions excluding stack emissions. The presence of visible emissions shall indicate the need for prompt corrective action. The applicant shall keep a log of the observations. The log shall include the name of the observer, the date and time of the observations, the presence of visible emissions or lack thereof, and the date, time, and description of corrective actions taken whenever visible emissions were observed.

Statutory Authority

§ 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 27, Issue 17, eff. May 25, 2011.

9VAC5-520-170. Permit emission threshold.

A. In determining whether a biomass pilot test facility is exempt from all new minor source review permit programs, the facility must be determined to be exempt under the provisions of 9VAC5-80 (Permits for Stationary Sources) and both subdivisions 1 and 2 of this subsection.

1. A biomass pilot test facility that measures uncontrolled emissions below the threshold values specified in Table 520-1 qualifies as an exempt facility. All biomass pilot test facilities and ancillary equipment shall be considered in the aggregate. A biomass pilot test facility that measures uncontrolled emissions at or above the permit emission threshold values specified in Table 520-1 provided it does not demonstrate it is a major source, shall obtain a permit according to the applicable provisions of 9VAC5-520-180 J 3.

a. The PM, PM₁₀, and PM_2.5 values listed in Table 520-1 contain filterable and condensable particulates.

b. Permit emission threshold values for combined units listed in Table 520-1 include the qualified energy generator and any fuel preparation/storage emission units.

2. Any biomass pilot test facility with measurements that result in a potential to emit any toxic pollutant below threshold values specified in Article 5 (9VAC5-60-300 et seq.) of 9VAC5-60 (Hazardous Air Pollutant Sources) qualifies as an exempt facility. All biomass pilot test facilities and ancillary equipment shall be considered in the aggregate. Any biomass pilot test facility with measurements that result in a potential to emit any toxic pollutant at or above the threshold values specified in Article 5 (9VAC5-60-300 et seq.) of 9VAC5-60 (Hazardous Air Pollutant Sources) shall obtain a permit according to the applicable provisions of 9VAC5-520-180 J 3 .

B. No applicant shall cause or allow to be discharged into the atmosphere from any biomass pilot test facility any visible emissions in excess of 10% opacity as determined by Reference Method 9 (9VAC5-50-410) from any stack, vent or duct. This opacity standard shall apply at all times except during periods of startup, shutdown, and malfunction.

Statutory Authority

§ 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 27, Issue 17, eff. May 25, 2011.

9VAC5-520-180. Testing schedule.

A. All testing must be completed within 15 months from the actual startup date as determined under subsection E of this section.

B. Within 30 days after receipt of a biomass pilot test facility general permit application the regional office will notify the applicant of the status of the application with a review letter.

1. If a complete application is received, the review letter will state if the applicant is approved for the biomass pilot test facility general permit. If approved, the applicant has 18 months from the date of the review letter to commence construction of the biomass pilot test facility and its equipment.

2. If a complete application is not received, the applicant has 30 days to submit the additional information needed for a complete application. If the additional information is not received within 30 days, the application will be returned to the applicant and the application will be withdrawn. Within 30 days after receipt of the additional information, the department will respond with another review letter that will state if the applicant is approved for the biomass pilot test facility general permit. If approved, the provisions of subdivision A 1 of this subsection shall apply.

C. Within the approved 18 months, the applicant shall notify the regional office of the actual date on which construction of the biomass pilot test facility commenced within 30 days after such date.

1. The applicant may apply for another 18-month extension to commence construction on the biomass pilot test facility based upon a satisfactory demonstration that an extension is justified.

2. Only one extension is allowed and shall be limited to commencing construction on the biomass pilot test facility.

D. The applicant shall notify the regional office in writing or electronically of the anticipated startup date of the biomass pilot test facility postmarked not more than 60 days nor less than 30 days prior to such date.

E. The applicant shall notify the regional office in writing or electronically of the actual startup date of the biomass pilot test facility within 15 days after such date. The applicant shall operate and perform all testing needed to comply with this permit no later than 15 months from the actual startup date.

F. For each biomass fuel to be utilized, the applicant shall perform (or acquire) a certified fuel test as required by 9VAC5-520-190 A.

G. At least 30 days prior to testing, the applicant shall:

1. Notify the department in writing or electronically of the anticipated date of the performance tests of the biomass pilot test facility;

2. Submit a stack test protocol and visible emissions evaluation test protocol to the regional office; and

3. Submit the results of the certified fuel test or tests to the regional office.

H. The stack testing and visible emissions evaluation tests shall be performed within 60 days after achieving the maximum production rate at which the facility will be operated but in no event later than 180 days after startup of the permitted facility according to 9VAC5-520-190 B, C, and D as appropriate.

I. All results shall be submitted to the regional office in writing or electronically no later than 45 days after test completion of the stack tests and visible emissions evaluation.

J. Within 60 days, the regional office will review the results and notify the applicant of the status of the biomass pilot test facility.

1. If test results demonstrate that the biomass pilot test facility is a major source, the facility shall cease operation immediately.

2. If test results demonstrate that the biomass pilot test facility is exempt from the minor source permitting requirements of all new source review programs, the regional office shall issue the applicant an exemption letter. The biomass pilot test facility will be authorized to operate under the terms and conditions set forth in the exemption letter and the biomass pilot test facility general permit will terminate. Any changes in the proposed operation of the facility may require a permit.

3. If testing demonstrates that the biomass pilot test facility is not exempt from the minor source permitting requirements of all new source review programs, the applicant shall obtain a permit as required by 9VAC5-80 (Permits for Stationary Sources).

a. An application for a new source review permit shall be submitted within 30 days of notification that the permit emission thresholds have been exceeded; if no application is received within the timeframe, the facility shall shut down.

b. The facility shall be authorized to continue to operate according to the terms and conditions of the biomass pilot test facility general permit application until such time as a new source review permit is issued. Once a new source review permit is issued, the facility shall operate according to the terms and conditions of the new source review permit and the authority to construct and operate under the biomass pilot test facility general permit will terminate.

c. All new source review permits will be issued within 90 days from receipt of a complete application.

Statutory Authority

§ 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 27, Issue 17, eff. May 25, 2011.

9VAC5-520-190. Compliance determination and verification by emission testing.

A. A certified fuel test is required.

1. The permittee shall have a sample analyzed for each type of biomass used during the pilot test period.

2. The results of the fuel analysis shall be used to identify specific constituents of the fuel requiring further emissions testing.

3. The results shall be submitted to the regional office in writing or electronically prior to testing. The submittal shall include:

a. Fuel analysis;

b. Name of company and individual collecting the sample;

c. Identification of sampling method used;

d. Sample (volume or mass);

e. Number of samples taken;

f. Date sample collected;

g. Location of fuel when sample was taken;

h. Date of analysis; and

i. Name of company and individual conducting the analysis.

B. A test protocol for a certified stack test shall be submitted at least 30 days prior to testing.

1. The test protocol shall include information necessary to evaluate the emissions from the biomass pilot test facility and include, but not be limited to, operating rates or production rates as appropriate.

2. The details of conducting the tests shall be arranged with the regional office.

C. A certified stack test or other alternative method of evaluation acceptable to the department shall be conducted for each qualified energy generator stack to determine the quantity of pollutants from each biomass fuel.

1. Performance tests shall be conducted for all criteria pollutants.

2. Performance tests shall be conducted for any toxic pollutants that were found to be contained in the biomass fuel as stated in the certified fuel test.

3. A biomass pilot test facility utilizing a combustion process shall test for any toxic pollutants that are created from combustion (including, but not limited to, acetaldehyde, acrolein, benzene, formaldehyde, hydrochloric acid, hydrogen fluoride, naphthalene, trichloroethylene, and xylene).

4. The tests shall be performed within 60 days after achieving the maximum production rate at which the facility will be operated but in no event later than 180 days after start-up of the permitted facility.

5. Test shall be conducted in accordance with reference methods or an alternative method approved by the department.

6. One copy of the test results shall be submitted to the regional office within 45 days after test completion and shall conform to the test report format in subsection E of this section.

D. A certified visible emissions evaluation shall be conducted.

1. Concurrently with the certified stack test, visible emission evaluations in accordance with Reference Method 9, shall also be conducted on each qualified energy generator.

2. Each test shall consist of 30 sets of 24 consecutive observations (at 15 second intervals) to yield a six minute average.

3. The details of the tests shall be arranged with the regional office.

4. The permittee shall submit a test protocol at least 30 days prior to testing.

5. The evaluation shall be performed, reported, and demonstrate compliance within 60 days after achieving the maximum production rate at which the facility will be operated but in no event later than 180 days after start-up of the permitted facility.

6. Should conditions prevent concurrent opacity observations:

a. The regional office shall be notified in writing or electronically within seven days.

b. Visible emissions testing shall be rescheduled within 30 days.

c. Rescheduled testing shall be conducted under the same conditions (as possible) as the initial performance tests.

7. One copy of the test result shall be submitted to the regional office within 45 days after test completion and shall conform to the test report format in subsection F of this section.

E. The test report format for certified stack tests shall include the following:

1. A report cover containing:

a. The plant name;

b. The plant location;

c. Units tested at the source identified by the agency that have been issued reference numbers;

d. Test dates;

e. The name of the individual conducting the test;

f. The address of the individual conducting the test; and

g. The report date.

2. A certification, including the date certified, that has been signed by:

a. A test team leader or a certified observer;

b. The test reviewer; and

c. A responsible company official.

3. A copy of approved test protocol.

4. A summary including:

a. The reason for testing;

b. Test dates;

c. Identification of the unit tested including the maximum rated capacity for each unit;

d. For each emission unit, a table showing:

(1) The operating rate;

(2) Test methods;

(3) The pollutants tested; and

(4) Test results for each run, including the run average;

e. Process and control equipment data for each run and the average, as required by the test protocol;

f. A statement that the test was conducted in accordance with the test protocol, or identification and discussion of deviations, including the likely impact on results; and

g. Any other important information as determined by the regional office.

5. A description of source operation including:

a. A description of the process;

b. A description of control devices, if necessary;

c. A process and control equipment flow diagram; and

d. A description of sampling port location and a dimensioned cross section. A protocol shall be attached that includes a sketch of the stack (elevation view) showing sampling port locations, upstream and downstream flow disturbances and their distances from ports; and a sketch of stack (plan view) showing sampling ports, ducts entering the stack and stack diameter or dimensions.

6. Test results, including:

a. Detailed test results for each run;

b. Sample calculations; and

c. A description of collected samples, including audits, when applicable.

7. An appendix, including:

a. Raw production data;

b. Raw field data;

c. Laboratory reports;

d. Chain of custody records for laboratory samples;

e. Calibration procedures and results;

f. Project participants and contact information;

g. Observers' names (including their industry and agency affiliation);

h. Related correspondence; and

i. Standard procedures.

F. The test report format for visible emissions evaluations shall include the following.

1. A report cover containing:

a. The plant name;

b. The plant location;

c. Units tested at the source identified by the department that have been issued reference numbers;

d. Test dates;

e. The name of the individual conducting the test;

f. The address of individual conducting test; and

g. The report date.

2. A certification, including the date certified, that has been signed by:

a. A test team leader or a certified observer; and

b. A responsible company official.

3. Copy of approved test protocol.

4. A summary including:

a. The reason for testing;

b. Test dates;

c. Identification of the unit tested including the maximum rated capacity for each unit;

d. Summarized process and control equipment data for each run and the average, as required by the test protocol;

e. A statement certifying that the test was conducted in accordance with the test protocol or, if not conducted according to protocol, identification and discussion of deviations, including the likely impact on results; and

f. Any other important information.

5. A description of source operation including:

a. A description of the process;

b. A description of control devices, if necessary;

c. A process and control equipment flow diagram; and

d. A description of sampling port location and a dimensioned cross section. A protocol shall be attached that includes a sketch of the stack (elevation view) showing sampling port locations, upstream and downstream flow disturbances and their distances from ports; and a sketch of stack (plan view) showing sampling ports, ducts entering the stack and stack diameter or dimensions.

6. The detailed test results for each run.

7. An appendix including:

a. The names of project participants and their titles;

b. The observers' names including their industry and agency affiliation;

c. Related correspondence; and

d. Standard procedures.

Statutory Authority

§ 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 27, Issue 17, eff. May 25, 2011.

9VAC5-520-200. Recordkeeping requirements.

A. The permittee shall maintain records on site for each emission unit or groups of emission units sufficient to determine the actual emissions of the biomass pilot test facility.

1. Records shall include, but not be limited to, emission data and operating parameters during emissions testing.

2. The content and format of such records shall be determined in consultation with the regional office.

3. These records shall be available for inspection by the department and shall be current for the most recent five years.

B. The permittee shall prepare and maintain the following information:

1. Records of monitoring information including:

a. The date of sampling or measurements;

b. The place as defined in the authorization to operate under this general permit;

c. The time of sampling or measurements;

d. The date or dates analyses were performed;

e. Each biomass utilized and the rate of consumption;

f. The company or entity that performed the analyses;

g. The analytical techniques or methods used;

h. The results of such analyses;

i. The operating conditions existing at the time of sampling or measurement;

j. Results of all stack tests, visible emission evaluations, and certified fuel tests;

k. The copies of all notifications submitted to the regional office;

l. The operating schedule as stated in 9VAC5-520-180;

m. All visible emission records as required in 9VAC5-520-190 D; and

n. Documentation that the unit does not exceed the 5 MW nameplate capacity threshold.

2. Records of all monitoring data and support information shall be retained for five years and available onsite for inspection by the department during the pilot test trial period.

C. In order to ensure the proper operation of the biomass pilot test facility, the permittee shall perform the following:

1. Develop a maintenance schedule and maintain records of all scheduled and nonscheduled maintenance to the biomass pilot test facility. These records shall be maintained on site for five years and shall be made available to department upon request.

2. Maintain verification that personnel operating the biomass pilot test facility are properly trained to do so.

Statutory Authority

§ 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 27, Issue 17, eff. May 25, 2011.

9VAC5-520-210. Reporting requirements.

A. The permittee shall comply with the reporting requirements in this section. Any document (including reports) required by a permit term or condition to be submitted to the department shall contain a document certification signed by a responsible official that meets the requirements of 9VAC5-20-230.

B. The permittee shall furnish written notification to the department of the following dates relative to the requirements of 9VAC5-520-180:

1. The actual date on which construction or installation of any biomass pilot test facility commenced, postmarked within 30 days after that date;

2. The anticipated startup date of the biomass pilot test facility, postmarked not more than 60 days nor less than 30 days prior to such date;

3. The actual startup date of the biomass pilot test facility postmarked within 15 days after that date;

4. The test protocol, postmarked at least 30 days prior to the date that testing commences; and

5. The test results, no later than 45 days after test completion of the stack tests and visible emissions evaluation.

Statutory Authority

§ 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 27, Issue 17, eff. May 25, 2011.

9VAC5-520-220. Compliance.

A. Whenever it is necessary for the purpose of the regulations of the board, the board or an agent authorized by the board may at reasonable times enter an establishment or upon property, public or private, for the purpose of obtaining information or conducting surveys or investigations as authorized by § 10.1-1315 or § 46.2-1187.1 of the Code of Virginia.

B. Upon presentation of credentials and other documents as may be required by law, the permittee shall allow the department to perform the following:

1. 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 this permit.

2. Have access to and copy, at reasonable times, any records that must be kept under the terms and conditions of this permit.

3. Inspect at reasonable times any facilities, equipment (including monitoring equipment), practices, or operations regulated or required under this permit.

4. Sample or monitor at reasonable times, substances or parameters for the purpose of assuring compliance with this permit or applicable requirements.

Statutory Authority

§ 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 27, Issue 17, eff. May 25, 2011.

9VAC5-520-230. Enforcement.

A. Violation of this permit is subject to the enforcement provisions including, but not limited to, those contained in 9VAC5-170 (Regulation for General Administration) and §§ 10.1-1309, 10.1-1309.1, 10.1-1311, and 10.1-1316 of the Virginia Air Pollution Control Law.

B. If any condition, requirement, or portion of this permit is held invalid or inapplicable under any circumstance, such invalidity or inapplicability shall not affect or impair the remaining conditions, requirements, or portions of this permit.

C. The permittee shall comply with all conditions of this permit. Any noncompliance with this permit constitutes a violation of the Virginia Air Pollution Control Law and is grounds for (i) enforcement action, or (ii) suspension or revocation of the authorization to operate under this permit.

D. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

E. The authorization to construct and test under this permit may be suspended or revoked for cause as specified in 9VAC5-520-80. The filing by a permittee of (i) a request for reauthorization to operate under this permit, or (ii) notification of termination, planned changes, or anticipated noncompliance does not stay any condition of this permit.

F. The owner of the qualified energy generator may be subject to enforcement action under 9VAC5-520-80 for operation without a permit if the facility is later determined by the department not to qualify for the conditions and terms of this permit.

G. This permit does not convey any property rights of any sort, or any exclusive privilege.

H. The permittee shall furnish to the department, within 30 days of notification, any information that the department may request in writing to determine whether cause exists for suspending or revoking the authorization to operate under this permit or to determine compliance with this permit. Upon request, the permittee shall also furnish to the department copies of records required to be kept by this permit and, for information claimed to be confidential, the permittee shall furnish such records to the department along with a claim of confidentiality meeting the requirements of 9VAC5-170-60.

Statutory Authority

§ 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 27, Issue 17, eff. May 25, 2011.