Administrative Code

Virginia Administrative Code
5/29/2024

Part IV. General Permit Terms and Conditions

9VAC5-540-140. General permit.

A. Any owner whose application is approved by the director shall receive the following general 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 affected units are authorized to operate under the authority of this general permit, except those where board regulations or policies prohibit such operation.

C. The authorization to operate under this general permit shall be in accordance with the cover letter to this permit, 9VAC5-540-150 (General terms and conditions), 9VAC5-540-160 (Monitoring requirements) 9VAC5-540-170 (Operating limits), 9VAC5-540-180 (Emissions limits), 9VAC5-540-190 (Testing requirements), 9VAC5-540-200 (Recordkeeping requirements), 9VAC5-540-210 (Reporting requirements), and 9VAC5-540-220 (Enforcement).

Statutory Authority

§§ 10.1-1307.2 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 23, eff. August 17, 2011.

9VAC5-540-150. General terms and conditions.

A. The owner is authorized to operate an affected unit located within the boundaries of the Commonwealth of Virginia in accordance with the approved permit application and conditions of this general permit except where board regulations or policies prohibit such activities.

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

Statutory Authority

§§ 10.1-1307.2 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 23, eff. August 17, 2011.

9VAC5-540-160. Monitoring requirements.

A. The owner shall install and use a nonresettable hour metering device to monitor the operating hours for each affected unit, calculated monthly as the sum of each consecutive 12-month period.

B. Each monitoring device shall be installed, maintained, calibrated, and operated in accordance with approved procedures, which shall include, as a minimum, the manufacturer's written requirements or recommendations.

C. The hour meter used to continuously measure the hours of operation for each affected unit shall be observed by the owner with a frequency of not less than once per month. The owner shall keep a log of the observations from the hour meter.

Statutory Authority

§§ 10.1-1307.2 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 23, eff. August 17, 2011.

9VAC5-540-170. Operating limits.

A. Each affected unit located in an attainment area shall not operate more than 450 hours per year, calculated monthly as the sum of each consecutive 12-month period.

1. Compliance for the consecutive 12-month period shall be demonstrated monthly by adding the total for the most recently completed calendar month to the individual monthly totals for the preceding 11 months.

2. Total emissions for any consecutive 12-month period, calculated as the sum of all emissions from operations under this condition, shall not exceed the limits stated in of 9VAC5-540-180 F.

B. Each affected unit located in a nonattainment area shall not operate more than 500 hours per year, calculated monthly as the sum of each consecutive 12-month period.

1. Compliance for the consecutive 12-month period shall be demonstrated monthly by adding the total for the most recently completed calendar month to the individual monthly totals for the preceding 11 months.

2. Total emissions for any consecutive 12-month period, calculated as the sum of all emissions from operations under this condition, shall not exceed the limits stated in 9VAC5-540-180 F.

C. The approved fuels for each CI affected unit are diesel fuel, biodiesel fuel, and biodiesel blends. These fuels shall meet the following specifications:

1. Diesel fuel that meets the ASTM D975-10b specification for S15 fuel oil; maximum sulfur content per shipment, 0.0015%.

2. Biodiesel fuel which meets ASTM specification D6751-09; maximum sulfur content per shipment, 0.0015%.

D. The approved fuels for each SI affected unit are natural gas and liquid petroleum gas (LPG). These fuels shall meet the following specifications.

1. Natural gas with a minimum heat content of 1,000 Btu/scf HHV as determined by ASTM D1826-94 (Reapproved 2010), ASTM D4809-09a, or an equivalent method approved by the department.

2. LPG, including butane and propane, that meets ASTM D1835-05, or an equivalent method approved by the department.

E. For affected units using diesel fuel or biodiesel fuel, the owner shall obtain a certification from the fuel supplier with each shipment of diesel fuel or biodiesel fuel. Each fuel supplier certification shall include the following:

1. The name of the fuel supplier.

2. The date on which the diesel fuel or biodiesel was received.

3. The quantity of diesel fuel or biodiesel delivered in the shipment.

4. A statement that the diesel fuel complies with the American Society for Testing and Materials specifications (ASTM D975-10b) for S15 fuel oil.

5. A statement that the biodiesel fuel complies with the American Society for Testing and Materials specifications (ASTM D6751-09), and

6. The sulfur content of the diesel fuel or biodiesel fuel.

Statutory Authority

§§ 10.1-1307.2 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 23, eff. August 17, 2011.

9VAC5-540-180. Emissions limits.

A. Manufacturer certified emissions of each CI affected unit located in an attainment area shall not exceed the limits specified in Table III.

Table III
Emissions Limits for CI Units Located in Attainment Areas

Generator Size (kW)

Displacement liters/cylinder

Model Year

Emission Limits
g/kW-hr (g/bhp-hr)

PM

PM10

PM2.5

CO

VOC

NOx

x < 8 kW

Less than 10

2010+

0.4

0.4

0.4

8.0

7.5*

(x < 11 bhp)

(0.30)

(0.30)

(0.30)

(6.0)

(5.6*)

8 kW ≤ x < 19 kW

Less than 10

2010+

0.4

0.4

0.4

6.6

7.5*

(11 bhp ≤ x < 25 bhp)

(0.30)

(0.30)

(0.30)

(4.9)

(5.6*)

19 kW ≤ x < 37 kW

Less than 10

2010+

0.3

0.3

0.3

5.5

7.5*

(25 bhp ≤ x < 50 bhp)

(0.22)

(0.22)

(0.22)

(4.1)

(5.6*)

37 kW ≤ x < 75 kW

Less than 10

2010+

0.4

0.4

0.4

5.0

4.7*

(50 bhp ≤ x < 100 bhp)

(0.30)

(0.30)

(0.30)

(3.7)

(3.5*)

75 kW ≤ x < 130 kW

Less than 10

2010+

0.3

0.3

0.3

5.0

4.0*

(100 bhp ≤ x < 174 bhp)

(0.22)

(0.22)

(0.22)

(3.7)

(3.0*)

130 kW ≤ x < 560 kW

Less than 10

2010+

0.2

0.2

0.2

3.5

4.0*

(174 bhp ≤ x < 751 bhp)

(0.15)

(0.15)

(0.15)

(2.6)

(3.0*)

560 kW ≤ x < 2,237 kW

Less than 10

2010+

0.2

0.2

0.2

3.5

6.4*

(751 bhp ≤ x < 3,000 bhp)

(0.15)

(0.15)

(0.15)

(2.6)

(4.8*)

x ≥ 2,237 kW

Less than 10

2010

0.54

0.54

0.54

11.4

1.3

9.2

(x ≥ 3,000 bhp)

(0.40)

(0.40)

(0.40)

(8.5)

(1.0)

(6.9)

2011+

0.2

0.2

0.2

3.5

6.4*

(0.15)

(0.15)

(0.15)

(2.6)

(4.8*)

x ≥ 2,237 kW

10.0 ≤ x < 15.0

2010+

0.27

0.27

0.27

5.0

7.8*

(x ≥ 3,000 bhp)

(0.20)

(0.20)

(0.20)

(3.7)

(5.8*)

*Combined limit for VOC and NOx

B. Emissions of each CI affected unit located in an attainment area during testing shall not exceed the limits specified in Table IV.

Table IV
Emissions Limits for CI Units Located in Attainment Areas

Generator Size (kW)

Displacement liters/cylinder

Model Year

Emission Limits
(g/kW-hr (g/bhp-hr)

PM

PM10

PM2.5

CO

VOC

NOx

x < 8 kW

Less than 10

2010+

0.5

0.5

0.5

10.0

9.4*

(x < 11 bhp)

(0.4)

(0.4)

(0.4)

(7.5)

(7.0*)

8 kW ≤ x < 19 kW

Less than 10

2010+

0.5

0.5

0.5

8.3

9.4*

(11 bhp ≤ x < 25 bhp)

(0.4)

(0.4)

(0.4)

(6.2)

(7.0*)

19 kW ≤ x < 37 kW

Less than 10

2010+

0.38

0.38

0.38

6.9

9.4*

(25 bhp ≤ x < 50 bhp)

(0.28)

(0.28)

(0.28)

(5.1)

(7.0*)

37 kW ≤ x < 75 kW

Less than 10

2010+

0.5

0.5

0.5

6.3

5.9*

(50 bhp ≤ x < 100 bhp)

(0.4)

(0.4)

(0.4)

(4.7)

(4.4*)

75 kW ≤ x < 130 kW

Less than 10

2010+

0.38

0.38

0.38

6.3

5.0*

(100 bhp ≤ x < 174 bhp)

(0.28)

(0.28)

(0.28)

(4.7)

(3.7*)

130 kW ≤ x < 560 kW

Less than 10

2010+

0.25

0.25

0.25

4.4

5.0*

(174 bhp ≤ x < 751 bhp)

(0.19)

(0.19)

(0.19)

(3.3)

(3.7*)

560 kW ≤ x < 2,237 kW

Less than 10

2010+

0.25

0.25

0.25

4.4

8.0*

(751 bhp ≤ x < 3,000 bhp)

(0.19)

(0.19)

(0.19)

(3.3)

(6.0*)

x ≥ 2,237 kW

Less than 10

2010

0.68

0.68

0.68

14.3

1.6

11.5

(x ≥ 3,000 bhp)

(0.51)

(0.51)

(0.51)

(10.7)

(1.2)

(8.6)

2011+

0.25

0.25

0.25

4.4

8.0*

(0.19)

(0.19)

(0.19)

(3.3)

(6.0*)

x ≥ 2,237 kW

10.0 ≤ x < 15.0

2010+

0.34

0.34

0.34

6.3

9.8*

(x ≥ 3,000 bhp)

(0.25)

(0.25)

(0.25)

(4.7)

(7.3*)

*Combined limit for VOC and NOx

C. Manufacturer certified emissions of each CI affected unit located in a nonattainment attainment area shall not exceed the limits specified in Table V.

Table V
Emissions Limits for CI Units Located in Nonattainment Areas

Generator Size (kW)

Displacement liters/cylinder

Model Year

Emission Limits
g/kW-hr (g/bhp-hr)

PM

PM10

PM2.5

CO

VOC

NOx

x < 8 kW

Less than 10

2010+

0.4

0.4

0.4

8.0

6.4*

(x < 11 bhp)

(0.30)

(0.30)

(0.30)

(6.0)

(4.8*)

8 kW ≤ x < 19 kW

Less than 10

2010+

0.4

0.4

0.4

6.6

6.4*

(11 bhp ≤ x < 25 bhp)

(0.30)

(0.30)

(0.30)

(4.9)

(4.8*)

19 kW ≤ x < 37 kW

Less than 10

2010+

0.3

0.3

0.3

5.5

6.4*

(25 bhp ≤ x < 50 bhp)

(0.22)

(0.22)

(0.22)

(4.1)

(4.8*)

37 kW ≤ x < 75 kW

Less than 10

2010+

0.4

0.4

0.4

5.0

4.7*

(50 bhp ≤ x < 100 bhp)

(0.30)

(0.30)

(0.30)

(3.7)

(3.5*)

75 kW ≤ x < 130 kW

Less than 10

2010+

0.3

0.3

0.3

5.0

4.0*

(100 bhp ≤ x < 174 bhp)

(0.22)

(0.22)

(0.22)

(3.7)

(3.0*)

130 kW ≤ x < 560 kW

Less than 10

2010+

0.2

0.2

0.2

3.5

4.0*

(174 bhp ≤ x < 751 bhp)

(0.15)

(0.15)

(0.15)

(2.6)

(3.0*)

560 kW ≤ x < 2,237 kW

Less than 10

2010+

0.2

0.2

0.2

3.5

6.4*

(751 bhp ≤ x < 3,000 bhp)

(0.15)

(0.15)

(0.15)

(2.6)

(4.8*)

x ≥ 2,237 kW

Less than 10

2010

0.54

0.54

0.54

11.4

1.3

6.4

(x ≥ 3,000 bhp)

(0.40)

(0.40)

(0.40)

(8.5)

(1.0)

(4.8)

2011+

0.2

0.2

0.2

3.5

6.4*

(0.15)

(0.15)

(0.15)

(2.6)

(4.8*)

x ≥ 2,237 kW

10.0 ≤ x < 15.0

2010+

0.27

0.27

0.27

5.0

6.4*

(x ≥ 3,000 bhp)

(0.20)

(0.20)

(0.20)

(3.7)

(4.8*)

*Combined limit for VOC and NOx

D. Emissions from the operation of each CI affected unit located in a nonattainment area during testing shall not exceed the limits specified in Table VI.

Table VI
Emissions Limits During Testing for CI Units Located in Nonattainment Areas

Generator Size (kW)

Displacement liters/cylinder

Model Year

Emission Limits
g/kW-hr (g/bhp-hr)

PM

PM10

PM2.5

CO

VOC

NOx

x < 8 kW

Less than 10

2010+

0.5

0.5

0.5

10.0

8.0*

(x < 11 bhp)

(0.4)

(0.4)

(0.4)

(7.5)

(6.0*)

8 kW ≤ x < 19 kW

Less than 10

2010+

0.5

0.5

0.5

8.3

8.0*

(11 bhp ≤ x < 25 bhp)

(0.4)

(0.4)

(0.4)

(6.2)

(6.0*)

19 kW ≤ x < 37 kW

Less than 10

2010+

0.38

0.38

0.38

6.9

8.0*

(25 bhp ≤ x < 50 bhp)

(0.28)

(0.28)

(0.28)

(5.1)

(6.0*)

37 kW ≤ x < 75 kW

Less than 10

2010+

0.5

0.5

0.5

6.3

5.9*

(50 bhp ≤ x < 100 bhp)

(0.4)

(0.4)

(0.4)

(4.7)

(4.4*)

75 kW ≤ x < 130 kW

Less than 10

2010+

0.38

0.38

0.38

6.3

5.0*

(100 bhp ≤ x < 174 bhp)

(0.28)

(0.28)

(0.28)

(4.7)

(3.7*)

130 kW ≤ x < 560 kW

Less than 10

2010+

0.25

0.25

0.25

4.4

5.0*

(174 bhp ≤ x < 751 bhp)

(0.19)

(0.19)

(0.19)

(3.3)

(3.7*)

560 kW ≤ x < 2,237 kW

Less than 10

2010+

0.25

0.25

0.25

4.4

8.0*

(751 bhp ≤ x < 3,000 bhp)

(0.19)

(0.19)

(0.19)

(3.3)

(6.0*)

x ≥ 2,237 kW

Less than 10

2010

0.68

0.68

0.68

14.3

1.6

8.0

(x ≥ 3,000 bhp)

(0.51)

(0.51)

(0.51)

(10.7)

(1.2)

(6.0)

2011+

0.25

0.25

0.25

4.4

8.0*

(0.19)

(0.19)

(0.19)

(3.3)

(6.0*)

x ≥ 2,237 kW

10.0 ≤ x < 15.0

2010+

0.34

0.34

0.34

6.3

8.0*

(x ≥ 3,000 bhp)

(0.25)

(0.25)

(0.25)

(4.7)

(6.0*)

*Combined limit for VOC and NOx

E. Emissions from the operation of each SI affected unit shall not exceed the limits specified in Table VII.

Table VII

Emissions Limits for SI Units

Model Year

Emissions Limits
g/kW-hr (g/bhp-hr)

PM

PM10

PM2.5

CO

VOC

NOx

2010+

0.015

0.015

0.015

5.3

1.3

2.7

(0.011)

(0.011)

(0.011)

(4.0)

(1.0)

(2.0)

Instead of meeting the limits stated above, the owner may meet the alternative standards below: ( ppmvd at 15% O2)

540

86

160

F. Combined source-wide emissions from the operation of affected units shall not exceed the limits specified in Table VIII.

Table VIII
Combined Source-Wide Emissions Limits for Affected Units

Pollutant

Nonattainment Area Emissions (tons/year)

Attainment Area Emissions (tons/year)

PM

1.4

2.3

PM10

1.4

2.3

PM2.5

1.4

2.3

NOX

24.4

39.4

SO2

0.5

0.5

CO

48.0

77.4

VOC

11.8

19.0

G. Visible emissions from each affected unit located in an attainment area shall not exceed 10% opacity except during one six-minute period in any one hour in which visible emissions shall not exceed 20% opacity as determined by Reference Method 9. This condition applies at all times except during startup, shutdown, and malfunction.

H. Visible emissions from each affected unit located in a nonattainment area shall not exceed 5.0% opacity except during one six-minute period in any one hour in which visible emissions shall not exceed 10% opacity as determined by the Reference Method 9. This condition applies at all times except during startup, shutdown, and malfunction.

Statutory Authority

§§ 10.1-1307.2 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 23, eff. August 17, 2011.

9VAC5-540-190. Testing requirements.

Each affected unit shall be constructed, or modified and installed so as to allow for emissions testing upon reasonable notice at any time, using appropriate methods.

1. Sampling ports shall be provided when requested at the appropriate locations.

2. Safe sampling platforms and access shall be provided.

Statutory Authority

§§ 10.1-1307.2 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 23, eff. August 17, 2011.

9VAC5-540-200. Recordkeeping requirements.

A. The owner shall maintain on-site records of emission data and operating parameters as necessary to demonstrate compliance with this general permit.

B. The owner shall maintain records of the occurrence and duration of any bypass, malfunction, shutdown, or failure of the source or its associated air pollution control equipment that results in excess emissions for more than one hour. Records shall include the following: (i) date, (ii) time, (iii) duration, (iv) description (affected unit, pollutant affected, cause), (v) corrective action, (vi) preventive measures taken, and (vii) name of person generating the record.

C. The content and format of such records shall be arranged with the regional office. These records shall include, but are not limited to:

1. Total annual hours of operation for each affected unit, calculated monthly as the sum of each consecutive 12-month period. Compliance for the consecutive 12-month period shall be demonstrated monthly by adding the total for the most recently completed calendar month to the individual monthly totals for the preceding 11 months.

2. Records when each affected unit is used for an ISO-declared emergency including, but not limited to, the date, cause of the emergency, the ISO-declared emergency notification, and the hours of operation.

3. Records when each affected unit is used for an emergency that is not an ISO-declared emergency including, but not limited to, the date, cause of the emergency, and the hours of operation.

4. All fuel supplier certifications.

5. Engine information including make, model, serial number, model year, maximum engine power, and engine displacement for each affected unit.

6. Written manufacturer specifications or written standard operating procedures prepared by the owner for each affected unit. The written standard operating procedures prepared by the owner cannot be less stringent than the written manufacturer specifications.

7. Scheduled and unscheduled maintenance, testing, and operator training.

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

Statutory Authority

§§ 10.1-1307.2 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 23, eff. August 17, 2011.

9VAC5-540-210. Reporting requirements.

The owner shall furnish written notification to the regional office of the following:

1. The actual date on which construction or modification of each affected unit commenced within 30 days after such date.

2. If necessary, the actual date on which the integration operational period of each affected unit commenced within 15 days after such date.

3. The anticipated start-up date of each affected unit postmarked or submitted electronically not more than 60 days nor less than 30 days prior to such date.

4. The actual start-up date of each affected unit within 15 days after such date.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 23, eff. August 17, 2011; amended, Virginia Register Volume 40, Issue 14, eff. April 11, 2024.

9VAC5-540-220. Enforcement.

A Violation of this general 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 general 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 owner shall comply with all conditions of this general 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 an owner 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 general permit.

E. The authorization to operate under this permit may be suspended or revoked for cause as specified in 9VAC5-540-80. The filing by an owner of a (i) request for reauthorization to operate under this general permit or (ii) notification of termination, planned changes, or anticipated noncompliance does not stay any condition of this general permit.

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

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

Statutory Authority

§§ 10.1-1307.2 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 23, eff. August 17, 2011.

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