TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The State Air Pollution Control Board is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4006 A 3, which excludes regulations that consist only of changes in style or form or corrections of technical errors. The State Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Title of Regulation: 9VAC5-40. Existing Stationary Sources (amending 9VAC5-40-7420).
Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 CFR Parts 51 and 60).
Effective Date: January 20, 2010.
Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.
Background:
Section 182 of the federal Clean Air Act requires that state implementation plans require reasonably available control technology (RACT) for stationary sources of volatile organic compounds and nitrogen oxides. RACT is the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available considering technologic and economic feasibility. Subpart X to 40 CFR Part 51, which covers the implementation of the 8-hour ozone standard, requires that nonattainment areas meet the requirements of 40 CFR 51.900(f) including RACT and major source applicability cut-offs for purposes of RACT.
Summary:
The amendments correct two inaccurate cross references in the Virginia regulation (Article 51 of 9VAC5 Chapter 40) that implements Subpart X of 40 CFR Part 51.
9VAC5-40-7420. Standard for nitrogen oxides (eight-hour ozone standard).
A. No owner or other person shall cause or permit to be discharged from any affected facility any nitrogen oxides (NOX) emissions in excess of that resultant from using RACT.
B. Unless the owner demonstrates otherwise to the satisfaction of the board, facilities to which the presumptive RACT provisions of 9VAC5-40-7430 are applicable shall comply with the provisions of subsection A of this section by the use of presumptive RACT.
C. The provisions of this section apply to all facilities that (i) are within a stationary source in the emissions control areas specified in Table 4-51E and (ii) are within a stationary source that has a theoretical potential to emit at the applicable source thresholds specified in Table 4-51E.
| TABLE 4-51E.
Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which There is No Presumptive RACT. |
| Emissions Control Area | Source Threshold | Notification Date | Compliance Date |
| Northern Virginia | ≥ 100 tpy | March 1, 2007 | April 1, 2009 |
D. For facilities subject to the provisions of this section and for which there is no presumptive RACT definition, the owners shall, by the notification dates specified in Table 4-51E, (i) notify the board of their applicability status, (ii) commit to making a determination as to what constitutes RACT for the facilities and (iii) provide a schedule acceptable to the board for making this determination and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance dates specified in Table 4-51E.
E. For facilities subject to the provisions of this section and for which there is a presumptive RACT definition, the owners shall, by the notification dates specified in Table 4-51F, (i) notify the board of their applicability status, (ii) commit to accepting the presumptive RACT emission limits as RACT for the applicable facilities or to submitting a demonstration as provided in subsection B of this section and (iii) provide a schedule acceptable to the board for submitting the demonstration no later than the demonstration dates specified in Table 4-51F, and for achieving compliance with the emission standard as expeditiously as possible but no later than the compliance dates specified in Table 4-51F.
| TABLE 4-51F.
Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which Presumptive RACT is Defined. |
| Emissions Control Area | Source Threshold | Notification Date | Demonstration Date | Compliance Date |
| Northern Virginia | ≥ 100 tpy | March 1, 2007 | June 1, 2007 | April 1, 2009 |
F. Nothing in this article shall exempt any facility subject to the provisions of 9VAC5-40-7390 9VAC5-40-7410 from being subject to the provisions of this section. The board may reevaluate any RACT determination made under 9VAC5-40-7410 and require compliance with a new RACT determination as necessary to implement this section.
G. Upon the request of the board, the owner of a facility subject to or exempt from the provisions of 9VAC5-40-7390 9VAC5-40-7410 shall provide such information as the board deems necessary to determine if the facility is subject to this section.
VA.R. Doc. No. R10-2078; Filed December 1, 2009, 3:58 p.m.