REGULATIONS
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF GAME AND INLAND FISHERIES
REGISTRAR'S NOTICE: The Board of Game and Inland Fisheries is exempt from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife. The department is required by § 2.2-4031 of the Code of Virginia to publish all proposed and final wildlife management regulations, including length of seasons and bag limits allowed on the wildlife resources within the Commonwealth of Virginia.
Withdrawal of Proposed Regulation
Title of Regulation: 4VAC15-20. Definitions and Miscellaneous: in General (amending 4VAC15-20-65).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
The Board of Game and Inland Fisheries has WITHDRAWN the amendments to the proposed regulation entitled 4VAC15-20, Definitions and Miscellaneous: In General, which were published in 27:17 VA.R. 2039-2042 April 25, 2011. On May 3, 2011, the board voted to withdraw the amendments to (i) add resident and nonresident bear hunting licenses to the list of license and permit fees and (ii) eliminate bear from the junior resident, resident, and nonresident bear, deer, and turkey hunting licenses.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
VA.R. Doc. No. R11-2791; Filed June 30, 2011, 9:37 a.m.
Title of Regulation: 4VAC15-20. Definitions and Miscellaneous: in General (amending 4VAC15-20-65; adding 4VAC15-20-66).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendments (i) increase the fees for most hunting, trapping, and fishing licenses and certain permits by various amounts; (ii) amend the list of licenses to reflect those established by law and by the board; and (iii) establish a daily fee of $3.00 or an annual fee equal to the price of an annual basic state resident fishing or hunting license for admittance, parking, or other use at department-owned wildlife management areas and public fishing lakes.
4VAC15-20-65. Hunting, trapping, and fishing license and permit fees.
In accordance with the authority of the board under § 29.1-103 (16) of the Code of Virginia, the following fees are established for hunting, trapping, and fishing licenses and permits:
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Virginia Resident Licenses to Hunt |
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Type license |
Fee |
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Resident License to Hunt, for licensees 16 years of age or older |
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County or City Resident License to Hunt in County or City of Residence Only, for licensees 16 years of age or older |
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Resident Senior Citizen Annual License to Hunt, for licensees 65 years of age or older |
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Resident Junior License to Hunt, for licensees 12 through 15 years of age, optional for licensees under 12 years of age |
[ $7.50 |
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Resident Youth Combination License to Hunt, and to hunt bear, deer, and turkey, to hunt with bow and arrow during archery hunting season, and to hunt with muzzleloading guns during muzzleloading hunting season, for licensees under 16 years of age |
[ $15.00 |
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Resident Sportsman License to Hunt and Freshwater Fish, and
to hunt bear, deer, and turkey, to hunt with bow and arrow during archery
hunting season, to hunt with muzzleloading guns during muzzleloading hunting
season, [ |
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Resident Junior Lifetime License to Hunt, for licensees under 12 years of age at the time of purchase |
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Resident Lifetime License to Hunt, for licensees at the time of purchase: |
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through 44 years of age |
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45 through 50 years of age |
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51 through 55 years of age |
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56 through 60 years of age |
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61 through 64 years of age |
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65 years of age and over |
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Totally and Permanently Disabled Resident Special Lifetime License to Hunt |
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Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt and Freshwater Fish (also listed under Virginia Resident Licenses to Fish) |
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Virginia Resident Licenses for Additional Hunting Privileges |
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Type license or permit |
Fee |
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Resident Bear, Deer, and Turkey Hunting License, for licensees 16 years of age or older |
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Resident Junior Bear, Deer, and Turkey Hunting License, for licensees under 16 years of age |
[ $7.50 |
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Resident Archery License to Hunt with bow and arrow during archery hunting season |
[ $17.00 |
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Resident Crossbow License to Hunt with crossbow during archery hunting season |
[ $17.00 |
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Resident Muzzleloading License to Hunt during muzzleloading hunting season |
[ $17.00 |
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Resident Bonus Deer Permit |
[ $17.00 |
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Virginia Nonresident Licenses to Hunt |
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Type license |
Fee |
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Nonresident License to Hunt, for licensees 16 years of age or older |
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Nonresident Three-Day Trip License to Hunt |
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Nonresident Youth License to Hunt, for licensees: |
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under 12 years of age |
[ $12.00 |
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12 through 15 years of age |
[ $15.00 |
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Nonresident Youth Combination License to Hunt, and to hunt bear, deer, and turkey, to hunt with bow and arrow during archery hunting season, and to hunt with muzzleloading guns during muzzleloading hunting season, for licensees under 16 years of age |
[ $30.00 |
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Nonresident Lifetime License to Hunt |
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Virginia Nonresident Licenses for Additional Hunting Privileges |
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Type license or permit |
Fee |
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Nonresident Bear, Deer, and Turkey Hunting License, for licensees: |
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16 years of age or older |
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12 through 15 years of age |
[ $15.00 |
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under 12 years of age |
[ $12.00 |
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Nonresident Archery License to Hunt with bow and arrow during archery hunting season |
[ $30.00 |
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Nonresident Crossbow License to Hunt with crossbow during archery hunting season |
[ $30.00 |
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Nonresident Muzzleloading License to Hunt during muzzleloading hunting season |
[ $30.00 |
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Nonresident Shooting Preserve License to Hunt within the boundaries of a licensed shooting preserve |
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Nonresident Bonus Deer Permit |
[ $30.00 |
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Miscellaneous Licenses or Permits to Hunt |
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Type license or permit |
Fee |
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Waterfowl Hunting Stationary Blind in Public Waters License |
[ $22.50 |
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Waterfowl Hunting Floating Blind in Public Waters License |
[ $40.00 |
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[ Foxhound Training Preserve License ] |
[ $17.00 ] |
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Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Fish) |
[ $17.00 |
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Virginia Resident and Nonresident Licenses to Trap |
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Type license |
Fee |
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Resident License to Trap, for licensees 16 years of age or older |
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County or City Resident License to Trap in County or City of Residence Only |
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Resident Junior License to Trap, for licensees under 16 years of age |
[ $10.00 |
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Resident Senior Citizen License to Trap, for licensees 65 years of age or older |
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Resident Senior Citizen Lifetime License to Trap, for licensees 65 years of age or older |
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Totally and Permanently Disabled Resident Special Lifetime License to Trap |
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Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Trap |
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Nonresident License to Trap |
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Virginia Resident Licenses to Fish |
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Type license |
Fee |
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Resident License to Freshwater Fish |
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County or City Resident License to Freshwater Fish in County or City of Residence Only |
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Resident License to Freshwater Fish, for licensees 65 years of age or older |
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Resident License to Fish in Designated Stocked Trout Waters |
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Resident License to Freshwater and Saltwater Fish |
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Resident License to Freshwater Fish for Five Consecutive Days |
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Resident License to Freshwater and Saltwater Fish for Five Consecutive Days |
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Resident Sportsman License to Hunt and Freshwater Fish, and
to hunt bear, deer, and turkey, to hunt with bow and arrow during archery
hunting season, to hunt with muzzleloading guns during muzzleloading hunting
season, [ |
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Resident Special Lifetime License to Freshwater Fish, for licensees at the time of purchase: |
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through 44 years of age |
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45 through 50 years of age |
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51 through 55 years of age |
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56 through 60 years of age |
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61 through 64 years of age |
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65 years of age and over |
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Resident Special Lifetime License to Fish in Designated Stocked Trout Waters, for licensees at the time of purchase: |
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through 44 years of age |
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45 through 50 years of age |
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51 through 55 years of age |
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56 through 60 years of age |
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61 through 64 years of age |
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65 years of age and over |
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Totally and Permanently Disabled Resident Special Lifetime License to Freshwater Fish |
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Service-Connected Totally and Permanently Disabled Veteran Resident Lifetime License to Hunt and Freshwater Fish (also listed under Virginia Resident Licenses to Hunt) |
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Virginia Nonresident Licenses to Fish |
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Type license |
Fee |
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Nonresident License to Freshwater Fish |
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Nonresident License to Freshwater Fish in Designated Stocked Trout Waters |
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Nonresident License to Freshwater and Saltwater Fish |
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Nonresident License to Freshwater Fish for Five Consecutive Days |
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Nonresident License to Freshwater and Saltwater Fish for Five Consecutive Days |
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Nonresident Special Lifetime License to Freshwater Fish |
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Nonresident Special Lifetime License to in Fish in Designated Stocked Trout Waters |
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Miscellaneous Licenses or Permits to Fish |
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Type license or permit |
Fee |
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Permit to Fish for One Day at Board-Designated Stocked Trout Fishing Areas with Daily Use Fees |
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Public Access Lands for Sportsmen Permit to Hunt, Trap, or Fish on Designated Lands (also listed under Miscellaneous Licenses or Permits to Hunt) |
[ $17.00 |
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Special Guest Fishing License |
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4VAC15-20-66. Admittance, parking, or other use fee at certain department-owned facilities.
[ A. ] Pursuant to the authority of the
board under § 29.1-103 (14) of the Code of Virginia and in accordance with
§ 29.1-113 of the Code of Virginia, a daily fee of $3.00 or an annual fee
equal to the price of an annual basic state resident fishing or hunting license
is established for admittance, parking, or other use at department-owned
wildlife management areas and public fishing lakes. [ However,
such Such ] fee shall not apply to (i) any person
holding a valid hunting, trapping, or fishing license, or a current certificate
of boat registration issued by the department [ , or
; ] (ii) persons 16 years of age or younger [ ; or
(iii) the use of department-owned boat ramps ].
[ B. Any person violating this section may, in lieu of any criminal penalty, be assessed a civil penalty of $50.
C. The director may waive fees for any person, group, or organization whenever such action is deemed to be in the department's interest. Any or all facilities may be closed by the director without notice due to an emergency or natural disaster. Full refunds or credits may be issued whenever the closure prevents any use of the facility during the term of the permit. Partial refunds of fees may be made in the interest of providing better customer service.
D. The director may allow deviations from established fees in the form of discounts or special promotions for the purpose of stimulating visitation and use of departmental facilities. ]
VA.R. Doc. No. R11-2803; Filed July 1, 2011, 2:53 p.m.
Title of Regulation: 4VAC15-30. Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals (amending 4VAC15-30-50).
Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendments (i) authorize animal shelters or similar facilities to temporarily possess, confine, and euthanize wildlife when conducting these activities under contract with any county, city, or town with animal control responsibilities; (ii) provide a legal means for the public to transport wildlife to these facilities; and (iii) provide a legal provision for nonwildlife agencies and private contractors to assist with pickup, transport, and disposal of road-killed wildlife.
4VAC15-30-50. Possession, transportation, and release of wildlife by authorized persons.
A. Department employees in the performance of their official duties; U.S. government agencies' employees whose responsibility includes fisheries and wildlife management; and county, city or town animal control officers in the performance of their official duties related to public health concerns or problem wildlife removal, and individuals operating under conditions of a commercial nuisance animal permit issued by the department pursuant to §§ 29.1-412 and 29.1-417 of the Code of Virginia will be deemed to be permitted pursuant to this section to capture, temporarily hold or possess, transport, release, and when necessary humanely euthanize wildlife, provided that the methods of and documentation for the capture, possession, transport, release and euthanasia shall be in accordance with board policy.
B. Local animal shelters operating under the authority of,
or under contract with, any county, city, or town with animal control
responsibilities shall be authorized to receive, temporarily confine, and
humanely euthanize wildlife, except for state or federal threatened and
endangered species; federally protected migratory bird species; black bear;
white-tailed deer; and wild turkey, provided that the methods of and
documentation for the possession, confinement, and euthanasia shall be in
accordance with conditions defined by the agency director. Provided further
that any person may legally transport wildlife, except for those species listed
above, to [ these an ] authorized animal
shelter [ facilities after contacting the facility to
confirm the animal will be accepted ].
B. C. Employees or agents of other state
wildlife agencies while in the performance of their official duty in
transporting wildlife through the Commonwealth will be deemed to be permitted
pursuant to this section, provided that a list of animals to be transported, a
schedule of dates and locations where those animals will be housed while in the
Commonwealth, and a letter of authorization from both the forwarding and
receiving state agencies are provided to the department 24 hours prior to the
transporting of such animals, and further provided that such animals shall not
be liberated within the Commonwealth.
[ D. Employees or agents of government agencies, while in the performance of their official duties, may temporarily possess, transport, and dispose of carcasses of wild animals killed by vehicles, except for state or federal threatened and endangered species, and federally protected migratory bird species. ]
VA.R. Doc. No. R11-2792; Filed June 30, 2011, 2:53 p.m.
Title of Regulation: 4VAC15-40. Game: in General (amending 4VAC15-40-200, 4VAC15-40-282, 4VAC15-40-285; adding 4VAC15-40-275, 4VAC15-40-286).
Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendments (i) increase the maximum size of body-gripping traps from 6-1/2 inches to 7-1/2 inches jaw spread that can be used within trap enclosures; (ii) authorize parts of legally taken and possessed furbearers to be sold at any time to fur dealers permitted by the department; (iii) broaden the range and enforceability of the prohibition on using food and other attractants to attract bears, so as to prohibit allowing the placement of such attractants and add trash to the list of prohibited attractants; and (iv) prohibit the feeding or attracting of wildlife when it causes property damage, endangers people, or creates a public health concern. The amendments do not establish the proposed special license to hunt bears, or make it unlawful to feed deer year round in Virginia.
[ 4VAC15-40-22. Special license for hunting
bear.
There shall be a special license to hunt bears that
shall be in addition to the state resident license to hunt or state nonresident
license to hunt. The fee for the special bear license shall be $25 for a
resident and $150 for a nonresident. ]
4VAC15-40-200. Restricted use of above ground body-gripping traps in excess of five inches.
It shall be unlawful to set above the ground any
body-gripping trap with a jaw spread in excess of five inches when using any
bait, lure, or scent; provided, that baited body gripping traps with a jaw
spread up to 6-1/2 7-1/2 inches may be used when the trap is
within an enclosure with openings no greater than 60 square inches and the trap
trigger is recessed at least 12 inches from all openings; provided further that
such traps must be staked to prevent them from turning over and may only be
used on private lands with written permission of the landowner.
4VAC15-40-275. Sale of furbearer parts.
Carcasses, including portions of carcasses, of legally taken and possessed fur-bearing animals may be sold at any time to buyers permitted in accordance with §§ 29.1-400 through 29.1-407 of the Code of Virginia.
4VAC15-40-282. Unauthorized feeding of bear.
It shall be unlawful for any person as defined in § 1-230
of the Code of Virginia to place or, distribute, or
allow the placement of food, minerals, carrion, trash, or similar
substances to feed or attract bear. Nor, upon written notification by
department personnel, shall any person continue to place or,
distribute, or allow the placement of any food, mineral, carrion, trash,
or similar substances for any purpose if the placement of these materials
results in the presence of bear in such numbers or circumstances to cause
annoyance or inconvenience to any person, cause property damage, or endanger
any person or wildlife. After such notification, such person shall
be in violation of this section if the placing, distribution, or presence of such
food, minerals, carrion, trash, or similar substances continues. This
section shall not apply to wildlife management activities conducted or
authorized by the department.
4VAC15-40-285. Unauthorized feeding of deer.
It shall be unlawful for any person to place or distribute
food, salt, minerals or similar substances, to feed or attract deer [ from
September 1 through the first Saturday in January, both dates inclusive ,
except that substances may be placed or distributed during the month of July
for the purpose of taking photographs, provided that such substances are
present only when and where picture taking devices are present ]. Nor,
upon written notification by department personnel, shall any person continue to
place or distribute any food, salt, mineral or similar substances for any
purpose if the placement of these materials results in the attraction of and/or
feeding of deer. After such notification, such person shall be in violation of
this section if the placing, distribution, or presence of such food, salt,
minerals or similar substances continues. No part of this regulation shall be
construed to restrict bona fide agronomic plantings (including wildlife food
plots), bona fide distribution of food to livestock or wildlife management
activities conducted or authorized by the department.
4VAC15-40-286. Unauthorized feeding of wildlife.
It shall be unlawful for any person as defined in § 1-230 of the Code of Virginia to place, distribute, or allow the placement of food, minerals, carrion, trash, or similar substances when it attracts any species of wildlife in such numbers or circumstances to cause property damage, endanger any person or wildlife, or create a public health concern. Upon notification by department personnel, any such person shall be in violation of this section if the placing, distribution, or presence of such food, minerals, carrion, trash, or similar substances continues. This section shall not be construed to restrict bona fide agronomic plantings (including wildlife food plots), bona fide distribution of food to livestock, or wildlife management activities conducted or authorized by the department or U.S. government agencies with wildlife management responsibilities.
VA.R. Doc. No. R11-2793; Filed June 30, 2011, 9:33 a.m.
Title of Regulation: 4VAC15-50. Game: Bear (amending 4VAC15-50-71, 4VAC15-50-81; adding 4VAC15-50-11; repealing 4VAC15-50-10, 4VAC15-50-20, 4VAC15-50-21, 4VAC15-50-22, 4VAC15-50-25).
Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendments (i) adjust bear hunting season in various counties; (ii) provide the most liberal fall bear hunting season within the incorporated limits of any city; (iii) establish a six-day muzzleloading gun bear hunting season statewide; and (iv) remove references to deer and turkey.
4VAC15-50-10. Open season; generally. (Repealed.)
Except as otherwise provided by local legislation and with
the specific exceptions provided in the sections appearing in this chapter, it
shall be lawful to hunt bear from the fourth Monday in November through the
first Saturday in January, both dates inclusive, except in the counties of
Accomack, Amelia, Appomattox, Brunswick, Buckingham, Campbell, Charlotte,
Cumberland, Dinwiddie, Greensville, Halifax, Isle of Wight, Lunenburg,
Mecklenburg, Northampton, Nottoway, Pittsylvania, Prince Edward, Prince George,
Southampton, Surry, and Sussex.
4VAC15-50-11. Open season; generally.
A. It shall be lawful to hunt bears within:
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Location |
Season |
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Accomack County |
Closed |
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Albemarle County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
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Alleghany County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
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Amelia County |
Second Monday in December and for 5
consecutive hunting days following. |
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Amherst County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
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Appomattox County |
Second Monday in December and for 5
consecutive hunting days following. |
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Arlington County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
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Augusta County (North of US-250) |
Saturday prior to the fourth Monday in
November through the first Saturday in January, both dates inclusive. |
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Augusta County (South of US-250) |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
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Bath County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
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Bedford County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
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Bland County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
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Botetourt County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Brunswick County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Buchanan County |
First Monday in December and for 17
consecutive hunting days following. |
|
Buckingham County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Campbell County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Caroline County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Carroll County |
First Monday in December and for 17
consecutive hunting days following. |
|
Charles City County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Charlotte County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Chesapeake (City of) |
October 1 through the first Saturday
in January, both dates inclusive. |
|
Chesterfield County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Clarke County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Craig County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Culpeper County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Cumberland County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Dickenson County |
First Monday in December and for 17
consecutive hunting days following. |
|
Dinwiddie County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Essex County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Fairfax County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Fauquier County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Floyd County |
First Monday in December and for 17
consecutive hunting days following. |
|
Fluvanna County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Franklin County |
First Monday in December and for 17
consecutive hunting days following. |
|
Frederick County |
Saturday prior to the fourth Monday in
November through the first Saturday in January, both dates inclusive. |
|
Giles County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Gloucester County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Goochland County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Grayson County |
First Monday in December and for 17
consecutive hunting days following. |
|
Greene County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Greensville County |
Second Monday in December and for 5 consecutive
hunting days following. |
|
Halifax County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Hanover County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Henrico County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Henry County |
First Monday in December and for 17
consecutive hunting days following. |
|
Highland County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Isle of Wight County |
Second Monday in December and for 5
consecutive hunting days following. |
|
James City County |
Second Monday in December and for 5
consecutive hunting days following. |
|
King and Queen County |
Second Monday in December and for 5
consecutive hunting days following. |
|
King George County |
Second Monday in December and for 5
consecutive hunting days following. |
|
King William County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Lancaster County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Lee County |
First Monday in December and for 17
consecutive hunting days following. |
|
Loudoun County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Louisa County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Lunenburg County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Madison County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Mathews County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Mecklenburg County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Middlesex County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Montgomery County (southeast of I-81) |
First Monday in December and for 17
consecutive hunting days following. |
|
Montgomery County (northwest of I-81) |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Nelson County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
New Kent County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Northampton County |
Closed |
|
Northumberland County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Nottoway County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Orange County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Page County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Patrick County |
First Monday in December and for 17
consecutive hunting days following. |
|
Pittsylvania County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Powhatan County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Prince George County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Prince William County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Pulaski County (southeast of I-81) |
First Monday in December and for 17
consecutive hunting days following. |
|
Pulaski County (northwest of I-81) |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Rappahannock County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Richmond County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Roanoke County |
Saturday prior to the fourth Monday in
November through the first Saturday in January, both dates inclusive. |
|
Rockbridge County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Rockingham County |
Saturday prior to the fourth Monday in
November through the first Saturday in January, both dates inclusive. |
|
Russell County (except on the Channels
State Forest and Clinch Mountain WMA) |
First Monday in December and for 17
consecutive hunting days following. |
|
Russell County (on the Channels State
Forest and Clinch Mountain WMA) |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Scott County |
First Monday in December and for 17
consecutive hunting days following. |
|
Shenandoah County |
Saturday prior to the fourth Monday in
November through the first Saturday in January, both dates inclusive. |
|
Smyth County (southeast of I-81) |
First Monday in December and for 17
consecutive hunting days following. |
|
Smyth County (northwest of I-81) |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Southampton County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Spotsylvania County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Stafford County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Suffolk (City of) |
October 1 through the first Saturday
in January, both dates inclusive. |
|
Surry County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Sussex County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Tazewell County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Virginia Beach (City of) |
October 1 through the first Saturday
in January, both dates inclusive. |
|
Warren County |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Washington County (southeast of I-81) |
First Monday in December and for 17
consecutive hunting days following. |
|
Washington County (northwest of I-81 and east of Route
19) |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
Washington County (northwest of I-81 and west of Route
19) |
First Monday in December and for 17
consecutive hunting days following. |
|
Westmoreland County |
Second Monday in December and for 5
consecutive hunting days following. |
|
Wise County |
First Monday in December and for 17
consecutive hunting days following. |
|
Wythe County (southeast of I-81) |
First Monday in December and for 17
consecutive hunting days following. |
|
Wythe County (northwest of I-81) |
Fourth Monday in November through the
first Saturday in January, both dates inclusive. |
|
York County |
Second Monday in December and for 5
consecutive hunting days following. |
B. Except as provided in the subsection A of this section, bears may be hunted from the Saturday prior to the fourth Monday in November through the first Saturday in January, both dates inclusive, within the incorporated limits of any city that allows bear hunting.
4VAC15-50-20. Open season; first Monday in December and for
11 consecutive hunting days following in certain counties or portions of counties.
(Repealed.)
It shall be lawful to hunt bear from the first Monday in
December and for 11 consecutive hunting days following, both dates inclusive,
in the counties of Buchanan, Campbell (west of Norfolk Southern Railroad),
Carroll, Dickenson, Floyd, Franklin, Grayson, Henry, Lee, Montgomery (south of
Interstate 81), Patrick, Pittsylvania (west of Norfolk Southern Railroad),
Pulaski (south of Interstate 81), Russell, Scott, Smyth (south of Interstate
81), Washington (south of Interstate 81 and that part north of Interstate 81
that is west of Route 19), Wise, and Wythe (south of Interstate 81).
4VAC15-50-21. Open season; second Monday in December and for
five consecutive hunting days following in certain counties or portions of
counties. (Repealed.)
It shall be lawful to hunt bear from the second Monday in
December and for five consecutive hunting days following in the counties of
Amelia, Appomattox, Brunswick, Buckingham, Campbell (east of Norfolk Southern
Railroad), Charlotte, Cumberland, Dinwiddie, Greensville, Halifax, Isle of
Wight, Lunenburg, Mecklenburg, Nottoway, Pittsylvania (east of Norfolk Southern
Railroad), Prince Edward, Prince George, Southampton, Surry, and Sussex.
4VAC15-50-22. Open season; Saturday prior to the fourth
Monday in November through the first Saturday in January, both dates inclusive,
in certain counties or portions of counties. (Repealed.)
It shall be lawful to hunt bear from the Saturday prior to
the fourth Monday in November through the first Saturday in January, both dates
inclusive, in the counties of Alleghany, Augusta (west of Interstate 81), Bath,
Botetourt (west of Interstate 81), Highland, Roanoke (north of Interstate 81),
Rockbridge (west of Interstate 81), Rockingham (west of Interstate 81), and
Shenandoah (west of Interstate 81).
4VAC15-50-25. Open season; cities of Chesapeake, Suffolk and
Virginia Beach. (Repealed.)
It shall be lawful to hunt bear from October 1 through the
first Saturday in January, both dates inclusive, in the cities of Chesapeake,
Suffolk and Virginia Beach.
4VAC15-50-71. Muzzleloading gun hunting.
A. Except as otherwise provided by specific exceptions in
this chapter, it It shall be lawful to hunt bear during the special
muzzleloading season with muzzleloading guns from the Saturday prior to the
second Monday in November through the Friday prior to the third Monday in
November, both dates inclusive, except in Bland, Buchanan, Carroll, Craig,
Dickenson, Floyd, Giles, Grayson, Lee, Montgomery, Pulaski, Russell, Scott,
Smyth, Tazewell, Washington, Wise and Wythe counties and in the cities of
Chesapeake, Suffolk, and Virginia Beach.
B. It shall be lawful to hunt bear during the special
muzzleloading season with muzzleloading guns from the Saturday prior to the
first Monday in November through the Friday prior to the third Monday in
November, both dates inclusive, in the counties (including the cities and towns
within) of Accomack, Caroline, Charles City, Chesterfield, Culpeper, Essex,
Fauquier, Fairfax, Fluvanna, Gloucester, Goochland, Hanover, Henrico, James
City, King George, King William, King and Queen, Lancaster, Loudoun, Louisa,
New Kent, Northampton, Northumberland, Orange, Powhatan, Prince William,
Richmond, Spotsylvania, Stafford, Mathews, Middlesex, Westmoreland, and York
and in the cities of Hampton, Newport News, Norfolk, and Portsmouth.
C. B. It shall be unlawful to hunt bear with
dogs during any special season for hunting with muzzleloading guns.
D. C. A muzzleloading gun, for the purpose of
this section, means a single shot weapon, excluding muzzleloading
pistols, .45 caliber or larger, firing a single projectile or sabot (with
a .38 caliber or larger projectile) of the same caliber loaded from the
muzzle of the weapon and propelled by at least 50 grains of black powder (or
black powder equivalent or smokeless powder).
E. D. It shall be unlawful to have in immediate
possession any firearm other than a muzzleloading gun while hunting with a
muzzleloading gun in a special muzzleloading season.
4VAC15-50-81. Validating tags and checking bear by licensee or permittee.
A. Any person killing a bear shall, before removing the carcass from the place of kill, validate an appropriate tag on their special license for hunting bear [ , deer, and turkey ] or special permit by completely removing the designated notch area from the tag. Place of kill shall be defined as the location where the animal is first reduced to possession. It shall be unlawful for any person to validate (notch) a bear tag from any special license for hunting bear [ , deer, and turkey ] or special permit prior to the killing of a bear. A bear tag that is mistakenly validated (notched) prior to the killing of a bear must be immediately voided by the licensee or permittee by writing, in ink, the word "VOID" on the line provided on the license tag.
B. Upon killing a bear and validating (notching) a license tag or special permit, as provided above, the licensee shall, upon vehicle transport of the carcass or at the conclusion of legal hunting hours, whichever occurs first, and without unnecessary delay, present the carcass and validated (notched) license tag or special permit to an authorized bear checking station or to an appropriate representative of the department in the county or adjoining county in which the bear was killed. Upon presentation of the carcass and validated (notched) license tag or special permit to the bear checking station, the licensee shall surrender or allow to be removed one premolar tooth from the carcass. At such time, the person checking the carcass will be given a game check card. The successful hunter shall then immediately record the game check card number, in ink, on the line provided adjacent to the license tag that was validated (notched) in the field. The game check card must be kept in possession with the carcass until the carcass is processed. If the carcass is left unattended, the game check card must be securely attached to the carcass.
C. It shall be unlawful for any person to destroy the identity (sex) of any bear killed unless and until the license tag or special permit is validated (notched) and checked as required by this section. Successful bear hunters are allowed to dismember the carcass to pack it out from the place of kill, after an appropriate license tag has been validated (notched) as required above, as long as the sex of the animal remains identifiable and all the parts of the carcass are present when the bear is checked at an authorized bear checking station. Any bear found in the possession of any person without a validated (notched) license tag or documentation that the bear has been checked at an authorized bear checking station as required by this section shall be forfeited to the Commonwealth to be disposed of as provided by law.
VA.R. Doc. No. R11-2794; Filed June 30, 2011, 8:43 a.m.
Title of Regulation: 4VAC15-90. Game: Deer (amending 4VAC15-90-23, 4VAC15-90-70, 4VAC15-90-80, 4VAC15-90-85, 4VAC15-90-90, 4VAC15-90-91, 4VAC15-90-231, 4VAC15-90-241, 4VAC15-90-293).
Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendments: (i) open the youth deer hunting day statewide by removing the exceptions for Fairfax, Loudoun, and Prince William counties; (ii) allow additional urbanized counties and cities to participate in the urban archery deer season; (iii) allow the killing of deer of either sex during the entire late muzzleloading deer hunting season in the cities of Chesapeake, Virginia Beach, and in Suffolk east of the Dismal Swamp line; (iv) prohibit the hunting of elk in Buchanan, Dickenson, and Wise counties, and require that elk legally killed outside the designated elk restoration area be made available for collection of biological specimens for disease testing; (v) adjust bag limits and season lengths for deer hunting seasons; (vi) require that deer killed after the first Saturday in January through the end of the late season be game-checked via telephone or internet; (vii) allow deer hunters with proof of legal possession to possess unmarked parts of a deer carcass after it has been cut up; and (viii) limit deer carcass interstate importation and possession restrictions only to carcasses originating from an area designated by the department as a carcass-restriction zone.
4VAC15-90-23. Youth deer hunting day.
It shall be lawful for deer hunters 15 years of age and
under, when in compliance with all applicable laws and license requirements, to
hunt deer on the last Saturday in September when accompanied and directly
supervised by an adult who has a valid Virginia hunting license on his person
or is exempt from purchasing a hunting license except in Fairfax, Loudoun,
and Prince William counties. Deer of either-sex may be taken on this
special youth deer hunting day. Adult hunters accompanying youth deer hunters
on this day may not carry or discharge weapons. Blaze orange is required for
all persons hunting any species or any person accompanying a hunter on this day
unless otherwise exempted by state law. Deer hunting with dogs is prohibited.
4VAC15-90-70. Bow and arrow hunting.
A. It shall be lawful to hunt deer during the early special archery season with bow and arrow from the first Saturday in October through the Friday prior to the third Monday in November, both dates inclusive.
B. In addition to the season provided in subsection A of this section, it shall be lawful to hunt deer during the late special archery season with bow and arrow from the Monday following the close of the general firearms season on deer through the first Saturday in January, both dates inclusive, in all cities, towns, and counties west of the Blue Ridge Mountains (except Clarke County and on non-national forest lands in Frederick County) and in the counties (including the cities and towns within) of Amherst (west of U.S. Route 29), Bedford, Campbell (west of Norfolk Southern Railroad), Franklin, Henry, Nelson (west of Route 151), Patrick and on the Chester F. Phelps Wildlife Management Area and on national forest lands in Frederick County and from December 1 through the first Saturday in January, both dates inclusive, in the cities of Chesapeake, Suffolk (east of the Dismal Swamp line) and Virginia Beach.
C. Deer of either sex may be taken full season during the special archery seasons as provided in subsections A and B of this section (except on PALS (Public Access Lands) in Dickenson County where it shall be unlawful to take antlerless deer during the special archery seasons provided for in subsections A and B of this section).
D. It shall be unlawful to carry firearms while hunting with bow and arrow during the special archery seasons, except that a muzzleloading gun, as defined in 4VAC15-90-80, may be in the possession of a properly licensed muzzleloading gun hunter when and where a special archery deer season overlaps a special muzzleloading deer season.
E. Arrows used for hunting big game must have a minimum width head of 7/8 of an inch and the bow used for such hunting must be capable of casting a broadhead arrow a minimum of 125 yards.
F. It shall be unlawful to use dogs when hunting with bow and arrow during any special archery season.
G. For the purpose of the application of subsections A through I to this section, the phrase "bow and arrow" includes crossbows.
H. It shall be lawful to hunt antlerless deer during the
special urban archery season with bow and arrow from the first Saturday in
September through the Friday prior to the first Saturday in October, both dates
inclusive, and from the Monday following the first Saturday in January through
the last Saturday in March, both dates inclusive, within the incorporated
limits of any city or town in the Commonwealth (except in the cities of
Chesapeake, Suffolk, and Virginia Beach) and the counties of Fairfax and York
and counties with a human population density of 300 persons per square mile
or more (except on national forest and department-owned lands), provided
that its governing body submits by certified letter to the department prior to
April 1, its intent to participate in the special urban archery season. Any
city, town, or county no longer participating in this season shall submit by
certified letter to the department prior to April 1 notice of its intent not to
participate in the special urban archery season.
I. It shall be lawful to hunt antlerless deer during the special antlerless archery season with bow and arrow from the first Saturday in September through the Friday prior to the first Saturday in October, both dates inclusive, in Loudoun and Prince William counties, except on department-owned lands.
4VAC15-90-80. Muzzleloading gun hunting.
A. It shall be lawful to hunt deer during the early special muzzleloading season with muzzleloading guns from the Saturday prior to the first Monday in November through the Friday prior to the third Monday in November, both dates inclusive, in all cities, towns, and counties where deer hunting with a rifle or muzzleloading gun is permitted, except in the cities of Chesapeake, Suffolk (east of the Dismal Swamp Line) and Virginia Beach.
B. It shall be lawful to hunt deer during the late special muzzleloading season with muzzleloading guns starting 18 consecutive hunting days immediately prior to and inclusive of the first Saturday in January, in all cities, towns, and counties west of the Blue Ridge Mountains (except Clarke County and on non-national forest lands in Frederick County), and east of the Blue Ridge Mountains in the counties (including the cities and towns within) of Amherst (west of U.S. Route 29), Bedford, Campbell (west of Norfolk Southern Railroad), Franklin, Henry, Nelson (west of Route 151), Patrick and on national forest lands in Frederick County and in the cities of Chesapeake, Suffolk (east of the Dismal Swamp line), and Virginia Beach.
C. Deer of either sex may be taken during the entire early special muzzleloading season east of the Blue Ridge Mountains unless otherwise noted below:
- Deer of either sex may be taken on the second Saturday only of the early special muzzleloading season on state forest lands, state park lands (except Occoneechee State Park), department-owned lands and Philpott Reservoir.
- Antlered bucks only—no either sex deer hunting days during the early special muzzleloading season on national forest lands in Amherst, Bedford, and Nelson counties.
D. Deer of either sex may be taken on the second Saturday only during the early special muzzleloading season west of the Blue Ridge Mountains unless otherwise noted below:
- Deer of either sex may be taken during the entire early special muzzleloading season in Clarke and Floyd counties and on private lands in Carroll, Frederick, Grayson, Montgomery, Roanoke, and Warren counties.
- Antlered bucks only—no either sex deer hunting days during the early special muzzleloading season in Buchanan, Dickenson, Lee, Russell, Smyth, Tazewell, Washington, and Wise counties and on national forest lands in Alleghany, Botetourt, Frederick, Grayson, Page, Rockingham, Scott, Shenandoah, Warren, and on national forest and department-owned lands in Augusta, Bath, Highland, and Rockbridge counties and on Grayson Highlands State Park and on private lands west of Routes 613 and 731 in Rockingham County.
E. Deer of either sex may be taken during the last six days of the late special muzzleloading season unless otherwise listed below:
- Deer of either sex may be taken full season during the entire late special muzzleloading season in the counties (including the cities and towns within) of Amherst (west of U.S. Route 29 except on national forest lands), Bedford (except on national forest lands), Campbell (west of Norfolk Southern Railroad), Floyd, Franklin, Henry, Nelson (west of Route 151, except on national forest lands), and Patrick and on private lands in Carroll, Grayson, Montgomery, Roanoke and Warren counties and in the cities of Chesapeake, Suffolk (east of the Dismal Swamp line), and Virginia Beach.
- Deer of either sex may be taken the last day only during the late special muzzleloading season in Dickenson (north of Route 83), Lee, Russell, Scott, Smyth, Tazewell, Washington, and Wise counties and on national forest lands in Alleghany, Amherst, Bedford, Botetourt, Frederick, Grayson, Nelson, Page, Rockingham, Shenandoah, and Warren counties, and on national forest and department-owned lands in Augusta, Bath, Highland, and Rockbridge counties and on private lands west of Routes 613 and 731 in Rockingham County and Grayson Highlands State Park.
- Antlered bucks only—no either-sex deer hunting days during the late special muzzleloading season in Buchanan and Dickenson (south of Route 83).
F. Deer of either sex may be taken full season during the
special muzzleloading seasons within the incorporated limits of any city or
town in the Commonwealth that allows deer hunting except in the counties of
Buchanan, Dickenson, and Wise and in the cities of Chesapeake, Suffolk, and
Virginia Beach.
G. It shall be unlawful to hunt deer with dogs during any special season for hunting with muzzleloading guns.
H. A muzzleloading gun, for the purpose of this section, means a single shot weapon, excluding muzzleloading pistols,.45 caliber or larger, firing a single projectile or sabot (with a .38 caliber or larger projectile) of the same caliber loaded from the muzzle of the weapon and propelled by at least 50 grains of black powder (or black powder equivalent or smokeless powder).
I. It shall be unlawful to have in immediate possession any firearm other than a muzzleloading gun while hunting with a muzzleloading gun in a special muzzleloading season.
4VAC15-90-85. Hunting elk of either sex Elk hunting.
Elk of either sex may be taken during the general firearms
deer season (as prescribed by 4VAC15-90-10, 4VAC15-90-20, 4VAC15-90-21, and
4VAC15-90-30), during the special archery seasons (as prescribed by
4VAC15-90-70), and during the special muzzleloading seasons (as prescribed by
4VAC15-90-80) with bag limits and checking requirements as prescribed in
4VAC15-90-90, 4VAC15-90-230, and 4VAC15-90-240.
A. Closed season. There shall be a continuous closed season for elk (Cervus elaphus) hunting in Buchanan, Dickenson, and Wise counties.
B. Open season. Except as otherwise provided by this chapter, it shall be lawful to hunt elk of either sex during (i) the general firearms deer seasons (as prescribed by 4VAC15-90-10, 4VAC15-90-20, 4VAC15-90-21, 4VAC15-90-22, 4VAC15-90-23, and 4VAC15-90-30), (ii) the special archery seasons (as prescribed by 4VAC15-90-70), and (iii) the special muzzleloading seasons (as prescribed by 4VAC15-90-80) with bag limits as prescribed in 4VAC15-90-90.
C. Validating tags and checking elk by licensee or permittee. Upon killing an elk, any licensed or permitted hunter shall validate a tag, bonus deer permit, or special permit and check the elk in accordance with 4VAC15-90-231. At the time of checking, the hunter must call 1-804-367-1258 to schedule an inspection of the carcass and the site of kill for the collection of biological samples for disease testing.
D. Checking elk by persons exempt from license requirements or holding a license authorization number. Upon killing an elk, any person (i) exempt from license requirement as prescribed in § 29.1-301 of the Code of Virginia, (ii) issued a complimentary license as prescribed in § 29.1-339, (iii) holding a permanent license issued pursuant to § 29.1-301 E, or (iv) holding a Virginia license authorization number issued by a telephone or electronic media agent pursuant to § 29.1-327 B shall check the elk in accordance with 4VAC15-90-241. At the time of checking, the hunter must call 1-804-367-1258 to schedule an inspection of the carcass and the site of kill for the collection of biological samples for disease testing.
4VAC15-90-90. Bag limit, bonus deer permits and special antlerless provision for youth hunters and earn a buck.
A. The bag limit for deer east of the Blue Ridge Mountains (except on national forest lands in Amherst, Bedford, and Nelson counties) is two per day (except for the counties of Fairfax, Loudoun, and Prince William where the daily bag limit is unlimited), six per license year, three of which must be antlerless.
B. The bag limit for deer west of the Blue Ridge Mountains
and on national forest lands in Amherst, Bedford, and Nelson counties is one
per day, five per license year, three of which must be antlerless. Only one
antlered buck taken in the county of Shenandoah County or
Rockingham per license year may have less than four antler points one inch
or longer on one side of the antlers.
C. Except as noted in subsection E below, antlerless deer may be taken only during designated either-sex deer hunting days during the special archery seasons, special muzzleloading seasons, and the general firearms season.
D. Bonus deer permits shall be valid on private land in counties and cities where deer hunting is permitted (except Buchanan, Dickenson, and Wise counties) during the special archery seasons, special muzzleloading seasons, and the general firearms season. Bonus deer permits shall be valid on public lands, including state parks, state forests, national wildlife refuges, military areas, etc., as authorized by the managing agency. Unless otherwise posted or authorized in writing for wildlife management areas by the department, or for national forest lands by the U.S. Forest Service, the use of bonus permits is prohibited on department-owned and national forest lands. Bonus deer permits shall be valid for antlerless deer only. Deer taken on bonus permits shall count against the daily bag limit but are in addition to the seasonal bag limit.
E. Deer hunters 15 years of age and under, including those exempt from purchasing a hunting license, when in compliance with all applicable laws and license requirements, may take one antlerless deer per license year on days other than designated either-sex deer hunting days during the special muzzleloading seasons or the general firearms season in all counties that have at least one either-sex deer hunting day during the general firearms deer season.
F. [ Earn a buck. At least one antlerless deer must be
taken on private lands in Bedford, Fairfax, Fauquier, Franklin, Loudoun,
Patrick, Prince William, or Roanoke counties before the second antlered deer of
the license year may be taken on private lands in any of these counties.
Furthermore, at least two antlerless deer must have been taken on private lands
in Bedford, Fairfax, Fauquier, Franklin, Loudoun, Patrick, or Prince William
counties before the third antlered deer of the license year may be taken on
private lands in any of these counties. ] Earn a buck (EAB) areas
include all private lands in the counties (including private lands in the
cities and towns within) of Bedford, Fairfax, Fauquier, Franklin, Loudoun,
Patrick, Prince William, and Roanoke. In EAB areas at least one antlerless deer
must be taken on private lands in an EAB area before the second antlered deer
of the license year may be taken on private lands in an EAB area. Furthermore,
at least two antlerless deer must have been taken on private lands in an EAB
area before the third antlered deer of the license year may be taken on private
lands in an EAB area.
4VAC15-90-91. General firearms season either-sex deer hunting days.
A. During the general firearms deer season, deer of either sex may be taken within:
Accomack County: full season.
Albemarle County: full season.
Alleghany County: the second Saturday and the last two
hunting days the second Saturday and the last hunting day.
-National forest lands: the last hunting day.
Amelia County: the second and third Saturdays and the last
12 hunting days the second, third, and fourth Saturdays and the last 24
hunting days.
-Amelia WMA: the second and third Saturdays and the last six hunting days.
Amherst County (east of U.S. Route 29): the second, third, and fourth Saturdays and the last 24 hunting days.
Amherst County (west of U.S. Route 29): full season.
-National forest lands: the last hunting day.
Appomattox County: the second and third Saturdays and the last 12 hunting days.
-Appomattox-Buckingham State Forest: the second and third Saturdays.
-Featherfin WMA: the second, third, and fourth Saturdays and the last 24 hunting days.
Arlington County: full season.
Augusta County: the second Saturday and the last six hunting days.
-National forest and department-owned lands: the last hunting day.
Bath County: the second Saturday and the last two hunting
days the second Saturday and the last hunting day.
-National forest and department-owned lands: the last hunting day.
Bedford County: full season.
-National forest lands: the last hunting day.
Bland County: the second Saturday and the last six hunting days.
-National forest lands: the second Saturday and the last hunting day.
Botetourt County: full season.
-National forest lands: the last hunting day.
Brunswick County: the second and third Saturdays and the last 12 hunting days.
Buchanan County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.
Buckingham County: the second and third Saturdays and the last 12 hunting days.
-Horsepen Lake WMA: the second and third Saturdays and the last six hunting days.
-Appomattox-Buckingham State Forest: the second and third Saturdays.
-Featherfin WMA: the second, third, and fourth Saturdays and the last 24 hunting days.
Campbell County (east of Norfolk Southern Railroad): the second, third, and fourth Saturdays and the last 24 hunting days.
Campbell County (west of Norfolk Southern Railroad): full season.
Caroline County: the second, third, and fourth Saturdays
and the last 24 hunting days full season.
-Mattaponi WMA: the second and third Saturdays and the last six hunting days.
Carroll County: full season.
-National forest and department-owned lands: the second Saturday and the last hunting day.
Charles City County: full season.
-Chickahominy WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.
Charlotte County: the second and third Saturdays and the last 12 hunting days.
Chesapeake (City of): full season.
Chesterfield County: full season.
Clarke County: full season.
Craig County: full season.
-National forest lands: the second Saturday and the last hunting day.
Culpeper County: full season.
-Chester F. Phelps WMA: the second Saturday and the last hunting day.
Cumberland County: the second and third Saturdays and the
last 12 hunting days the second, third, and fourth Saturdays and the
last 24 hunting days.
-Cumberland State Forest: the second and third Saturdays.
Dickenson County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.
Dinwiddie County: the second and third Saturdays and the last 12 hunting days.
Essex County: full season.
Fairfax County: full season (restricted to certain parcels of land by special permit).
Fauquier County: full season.
-G. Richard Thompson WMA: the second Saturday and the last hunting day.
-Chester F. Phelps WMA: the second Saturday and the last hunting day.
Floyd County: full season.
Fluvanna County: second and third Saturdays and the last 12 hunting days.
Franklin County: full season.
-Philpott Reservoir: the second Saturday and the last six hunting days.
-Turkeycock Mountain WMA: the second and third Saturdays and
the last six hunting days the second Saturday and the last six hunting
days.
Frederick County: full season
-National forest lands: the last hunting day.
Giles County: full season.
-National forest lands: the second Saturday and the last hunting day.
Gloucester County: full season.
Goochland County (east of U.S. Route 522): the second,
third, and fourth Saturdays and the last 24 hunting days.
Goochland County (west of U.S. Route 522): the second and
third Saturdays and last 12 hunting days.
Grayson County: full season.
-National forest lands and Grayson Highlands State Park: the last hunting day.
Greene County: full season.
Greensville County: full season.
Halifax County: the second, third, and fourth Saturdays and
the last 24 hunting days full season.
Hanover County: the second, third, and fourth Saturdays and
the last 24 hunting days full season.
Henrico County: full season.
Henry County: full season.
-Fairystone Farms WMA, Fairystone State Park, and Philpott Reservoir: the second Saturday and the last six hunting days.
-Turkeycock Mountain WMA: the second and third Saturdays
and the last six hunting days the second Saturday and the last six
hunting days.
Highland County: the second Saturday and the last two
hunting days the second Saturday and the last hunting day.
-National forest and department-owned lands: the last hunting day.
Isle of Wight County: full season.
-Ragged Island WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.
James City County: full season.
King and Queen County: full season.
King George County: the second, third, and fourth Saturdays
and the last 24 hunting days full season.
King William County: the second, third, and fourth Saturdays and the last 24 hunting days.
Lancaster County: full season.
Lee County: the second Saturday and the last two hunting days.
-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.
Loudoun County: full season.
Louisa County: the second and third Saturdays and the last
12 hunting days the second, third, and fourth Saturdays and the last 24
hunting days.
Lunenburg County: the second and third Saturdays and the last 12 hunting days.
Madison County: full season.
-Rapidan WMA: the second, third, and fourth Saturdays and the last 24 hunting days.
Mathews County: the second, third, and fourth Saturdays and last 24 hunting days.
Mecklenburg County: the second and third Saturdays and the last 12 hunting days.
-Dick Cross WMA: the second and third Saturdays and the last six hunting days.
Middlesex County: the second, third, and fourth Saturdays and last 24 hunting days.
Montgomery County: full season.
-National forest lands: the second Saturday and the last hunting day.
Nelson County (east of Route 151): the second, third, and fourth Saturdays and the last 24 hunting days.
-James River WMA: the second Saturday and the last six hunting days.
Nelson County (west of Route 151): full season.
-National forest lands: the last hunting day.
New Kent County: full season.
Northampton County: full season.
Northumberland County: full season.
Nottoway County: the second and third Saturdays and the
last 12 hunting days the second, third, and fourth Saturdays and the
last 24 hunting days.
Orange County: full season.
Page County: the second Saturday and the last two hunting days.
-National forest lands: the last hunting day.
Patrick County: full season.
-Fairystone Farms WMA, Fairystone State Park, and Philpott Reservoir: the second Saturday and the last six hunting days.
Pittsylvania County: the second, third, and fourth Saturdays and the last 24 hunting days.
-White Oak Mountain WMA: the second Saturday and the last hunting day.
Powhatan County: the second, third, and fourth Saturdays and the last 24 hunting days.
-Powhatan WMA: the second and third Saturdays and the last six hunting days.
Prince Edward County: the second and third Saturdays and the last 12 hunting days.
-Briery Creek WMA: the second and third Saturdays and the last six hunting days.
-Featherfin WMA: the second, third, and fourth Saturdays and the last 24 hunting days.
-Prince Edward State Forest: the second and third Saturdays.
Prince George County: the second, third, and fourth
Saturdays and the last 24 hunting days full season.
Prince William County: full season.
Pulaski County: full season.
-National forest lands: the second Saturday and the last hunting day.
Rappahannock County: full season.
Richmond County: full season.
Roanoke County: full season.
-National forest and department-owned lands: the second Saturday and the last hunting day.
Rockbridge County: the second Saturday and the last two hunting days.
-National forest and department-owned lands: the last hunting day.
Rockingham County: the second Saturday and the last six hunting days.
-National forest lands and private lands west of Routes 613 and 731: the last hunting day.
Russell County: the second Saturday and the last two hunting days.
-Clinch Mountain WMA, Hidden Valley WMA, and the Channels State Forest: the last hunting day.
Scott County: the second Saturday and the last six hunting days.
-National forest lands: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.
Shenandoah County: full season.
-National forest lands: the last hunting day.
Smyth County: the second Saturday and the last six hunting days.
-National forest lands, Clinch Mountain WMA, and Hungry Mother State Park: the last hunting day.
Southampton County: full season.
Spotsylvania County: the second, third, and fourth
Saturdays and the last 24 hunting days full season.
Stafford County: the second, third, and fourth Saturdays
and the last 24 hunting days full season.
Suffolk (City of): full season.
Surry County: full season.
-Carlisle Tract of the Hog Island WMA: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.
Sussex County: full season.
Tazewell County: the second Saturday and the last two hunting days.
-National forest lands, Clinch Mountain WMA, and Hidden Valley WMA: the last hunting day.
Virginia Beach (City of): full season.
Warren County: full season.
-National forest lands: the last hunting day.
Washington County: the second Saturday and the last six hunting days.
-National forest lands, Clinch Mountain WMA, Hidden Valley WMA, and the Channels State Forest: the last hunting day.
Westmoreland County: full season.
Wise County: antlered bucks only—no either-sex days. Only deer with antlers above the hairline may be taken.
Wythe County: full season.
-National forest lands and Big Survey WMA: the second Saturday and the last hunting day.
York County: full season.
B. Except as provided in the subsection A of this section, deer of either sex may be taken full season during the general firearms deer season within the incorporated limits of any city or town, state park, national wildlife refuge, or military installation that allows deer hunting.
4VAC15-90-231. Validating tags and checking deer by licensee or permittee.
A. Any person killing a deer shall, before removing the carcass from the place of kill, validate an appropriate tag on his special license for hunting [ bear, ] deer [ , ] and turkey, bonus deer permit, or special permit by completely removing the designated notch area from the tag. Place of kill shall be defined as the location where the animal is first reduced to possession. It shall be unlawful for any person to validate (notch) a deer tag from any special license for hunting [ bear, ] deer [ , ] and turkey, bonus deer permit, or special permit prior to the killing of a deer. A deer tag that is mistakenly validated (notched) prior to the killing of a deer must be immediately voided by the licensee or permittee by writing, in ink, the word "VOID" on the line provided on the license tag.
B. Upon killing a deer and validating (notching) a license
tag, bonus deer permit or special permit, as provided above, the licensee or
permittee shall, upon vehicle transport of the carcass or at the conclusion of
legal hunting hours, whichever occurs first, and without unnecessary delay,
present the carcass and validated (notched) license tag, bonus deer permit or
special permit to an authorized checking station or to an appropriate
representative of the department in the county or adjoining county in which the
deer was killed or report the kill through the department's automated harvest
reporting system. All deer killed after the first Saturday in January (as
prescribed in 4VAC15-90-22 and 4VAC15-90-70 [ H ] )
must be checked by telephone or Internet. At such time, the person checking
or reporting the carcass will be given a game check card furnished by the
department or a confirmation number from the automated reporting system. The
successful hunter shall then immediately record the game check card number or
confirmation number, in ink, on the line provided on the tag that was validated
(notched) in the field. If checked at a big game check station, the game check
card must be kept in possession with the carcass until the carcass is
processed. If the carcass is left unattended, the game check card must be
securely attached to the carcass. If the kill is reported using the automated
harvest reporting system, no check card is required as long as the hunter who
killed the animal is in possession of the carcass. If the automated harvest
reported carcass is left unattended or transferred to the possession of another
individual, written documentation including the successful hunter's full name,
the date the animal was killed, and the confirmation number must be created and
kept in possession with the carcass until the carcass is processed. If the
carcass is left unattended, this written documentation must be securely
attached to the carcass. Processed carcass parts of a deer killed legally in
Virginia may be transported; however, upon request of any authorized law
enforcement officer, [ sufficient verbal or written ] information
necessary to properly establish legal possession must be furnished immediately.
C. It shall be unlawful for any person to destroy the identity of the sex of any deer killed unless and until the license tag, bonus deer permit or special permit is validated (notched) and checked as required by this section. Successful deer hunters are allowed to dismember the carcass to pack it out from the place of kill, after an appropriate license tag has been validated (notched) as required above, as long as they do not destroy the identity of the sex and all the parts of the carcass are present when the deer is checked at a big game check station or reported through the automated harvest reporting system. Any deer found in the possession of any person without a validated (notched) license tag or documentation that the deer has been checked (via a big game check station or the automated harvest reporting system) as required by this section shall be forfeited to the Commonwealth to be disposed of as provided by law.
4VAC15-90-241. Checking deer by persons exempt from license requirement or holding a license authorization number.
A. Upon killing a deer, any person (i) exempt from
license requirement as prescribed in § 29.1-301 of the Code of Virginia,
[ or (ii) ] issued a complimentary license as
prescribed in § 29.1-339, [ or the holder of (iii) holding ]
a permanent license issued pursuant to § 29.1-301 E, or [ the holder of
(iv) holding ] a Virginia license authorization number issued by a
telephone or electronic media agent pursuant to § 29.1-327 B shall, upon
vehicle transport of the carcass or at the conclusion of legal hunting hours,
whichever occurs first, and without unnecessary delay, present the carcass to
an authorized checking station or to any appropriate representative of the
department in the county or adjoining county in which the deer was killed or
report the kill through the department's automated harvest reporting system. All
deer killed after the first Saturday in January (as prescribed in 4VAC15-90-22
and 4VAC15-90-70 [ H ] ) must be checked by
telephone or Internet. At such time, the person checking or reporting the carcass
shall be given a game check card furnished by the department or a confirmation
number from the automated reporting system. If checked at a big game check
station, the game check card must be kept in possession with the carcass until
the carcass is processed. If the carcass is left unattended, the game check
card must be securely attached to the carcass. If the kill is reported using
the automated harvest reporting system, the successful hunter shall immediately
create written documentation including the successful hunter's full name, the
date the animal was killed, and the confirmation number. This written
documentation must be kept in possession with the carcass until the carcass is
processed. If the automated harvest reported carcass is transferred to the
possession of another individual, the written documentation must be transferred
with the carcass to the individual and kept in possession with the carcass
until the carcass is processed. If the carcass is left unattended, this written
documentation must be securely attached to the carcass. Processed carcass
parts of a deer killed legally in Virginia may be transported; however, upon
request of any authorized law enforcement officer, [ sufficient
verbal or written ] information necessary to properly establish
legal possession must be furnished immediately.
B. It shall be unlawful for any person to destroy the identity (sex) of any deer killed until the deer is checked as required by this section. Successful deer hunters are allowed to dismember the carcass to pack it out from the place of kill as long at they do not destroy the identity of the sex and all the parts of the carcass are present when the deer is checked at a big game check station or reported through the automated harvest reporting system. Any deer that has not been checked (via a big game check station or the automated harvest reporting system) as required by this section found in the possession of any person exempt from license requirements or holding a license authorization number shall be forfeited to the Commonwealth to be disposed of as provided by law.
4VAC15-90-293. Chronic Wasting Disease deer carcass importation restrictions.
A. No person shall import or possess any carcass or part of a
carcass of any member of the family Cervidae (deer) originating from [ any
county that includes or adjoins a county that is part of a designated Chronic
Wasting Disease containment area in any area designated by the
department as a carcass-restriction zone in or adjacent to ] a state
or Canadian province in which Chronic Wasting Disease has been found in
free-ranging or captive deer, except that the following carcass parts may be
imported and possessed:
1. Boned-out meat that is cut and wrapped;
2. Quarters or other portions of meat with no part of the spinal column or skull attached;
3. Hides or capes with no skull attached;
4. Clean (no meat or tissue attached) skull plates with antlers attached;
5. Antlers (with no meat or tissue attached);
6. Upper canine teeth (buglers, whistlers, or ivories); and
7. Finished taxidermy products.
A legible label shall be affixed to packages or containers containing the allowed carcass parts bearing the following information: the species of animal, the state or province from where the animal originated, and the name and address of the person who killed or owned the animal.
B. Any person who imports into Virginia any deer carcass or parts described in subsection A of this section and is notified that the animal has tested positive for Chronic Wasting Disease must report the test results to the department within 72 hours of receiving the notification. In order to facilitate the proper disposal of any infected material, the department may take into possession any imported carcass or carcass part of an animal if the animal has tested positive for Chronic Wasting Disease.
VA.R. Doc. No. R11-2795; Filed June 30, 2011, 5:10 p.m.
Title of Regulation: 4VAC15-170. Game: Otter (amending 4VAC15-170-20; repealing 4VAC15-170-21).
Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendment eliminates the mandatory carcass submission requirement for otters trapped west of the Blue Ridge Mountains.
4VAC15-170-20. Open season for trapping in counties east of
Blue Ridge Mountains; generally; season bag limit west of the Blue Ridge
Mountains.
A. It shall be lawful to trap otter in all counties
east of the Blue Ridge Mountains from December 1 through the last day of
February, both dates inclusive.
B. The season bag limit for trapping otter shall be two per trapper in counties west of the Blue Ridge Mountains.
4VAC15-170-21. Open season for trapping in counties west of
the Blue Ridge Mountains; carcass presented to department agent; season bag
limit. (Repealed.)
A. It shall be lawful to trap otter in all counties west
of the Blue Ridge Mountains from December 1 through the last day of February,
both dates inclusive.
B. The entire skinned carcass of all otters trapped in
counties west of the Blue Ridge Mountains must be presented to an agent of the
department within three days of capture.
C. The season bag limit for trapping otter shall be two
per trapper in counties west of the Blue Ridge Mountains.
VA.R. Doc. No. R11-2796; Filed June 30, 2011, 5:34 p.m.
Title of Regulation: 4VAC15-200. Game: Rabbit and Hares (amending 4VAC15-200-30).
Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendments (i) allow lawfully captured rabbits to be transported for release or restocking purposes and (ii) prohibit such rabbits' release on to the lands of another without permission.
4VAC15-200-30. Trapping with box traps.
It shall be lawful to trap rabbits with box traps from October 15 through January 31, both dates inclusive; provided, that no traps shall be set on the lands of another without written permission; provided further, that it shall be lawful to live-trap rabbits and transport them for release or restocking purposes in Virginia at any time, provided they are not released onto the lands of another without permission.
VA.R. Doc. No. R11-2797; Filed June 30, 2011, 6:05 p.m.
Title of Regulation: 4VAC15-210. Game: Raccoon (amending 4VAC15-210-10; repealing 4VAC15-210-20).
Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 W. Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendments (i) establish a continuous open season for chasing raccoons with dogs statewide except on department-controlled lands west of the Blue Ridge Mountains and on national forest lands and (ii) allow raccoon chase with dogs during bear hound training season on additional national forest and department-owned lands west of the Blue Ridge Mountains.
Part I
Chasing
4VAC15-210-10. Open season; counties east of Route 29 raccoon
chase on areas open to bear hound training; possession of certain devices
unlawful.
A. Except as otherwise specifically provided in the
sections appearing in this chapter, there shall be a continuous open season for
chasing raccoon with dogs, without capturing or taking, in all counties and
portions of counties east of Route 29 and in the counties of Loudoun (east of
Route 15) and Prince William (east of Route 15). It shall be unlawful to have
in possession a firearm, bow, axe, saw, or any tree climbing device while
hunting during this chase season. The meaning of "possession" for the
purpose of this section shall include, but not be limited to, having these
devices in or on one's person, vehicle or conveyance while engaged in the act
of chasing except on department-controlled lands west of the Blue Ridge
Mountains and on national forest lands.
B. It shall be lawful to chase raccoon with dogs, without capturing or taking, on department-controlled lands west of the Blue Ridge Mountains and on national forest lands where bear hound training is permitted during the season dates specified in 4VAC15-50-120.
C. It shall be unlawful to have in possession a firearm, bow, crossbow, axe, saw, or any tree climbing device while hunting during this chase season. The meaning of "possession" for the purpose of this section shall include, but not be limited to, having these devices in or on one's person, vehicle, or conveyance while engaged in the act of chasing.
4VAC15-210-20. Open season; counties west of Route 29;
possession of certain devices unlawful. (Repealed.)
A. It shall be lawful to chase raccoon with dogs, without
capturing or taking, on private lands in all counties and portions of counties
west of Route 29 and in the counties of Loudoun (west of Route 15); Prince
William (west of Route 15); and on Fairystone Farms, G. Richard Thompson,
Rapidan, and Turkeycock Wildlife Management Areas from August 1 through May 31,
both dates inclusive.
B. It shall be lawful to chase raccoon with dogs, without
capturing or taking, on national forest and department-controlled lands in the
counties of Bland, Buchanan, Craig, Dickenson, Giles, Lee, Montgomery (north of
Interstate 81), Pulaski (north of Interstate 81), Russell, Scott, Smyth (north
of Interstate 81), Tazewell, Washington (north of Interstate 81), Wise, and
Wythe (north of Interstate 81) from the second Saturday in August through the
last Saturday in September.
C. It shall be unlawful to have in possession a firearm,
bow, crossbow, axe, saw, or any tree climbing device while hunting during this
chase season. The meaning of "possession" for the purpose of this
section shall include, but not be limited to, having these devices in or on
one's person, vehicle, or conveyance while engaged in the act of chasing.
VA.R. Doc. No. R11-2798; Filed June 30, 2011, 7:13 p.m.
Title of Regulation: 4VAC15-230. Game: Squirrel (amending 4VAC15-230-21, 4VAC15-230-61).
Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendments open the spring hunting season for (i) gray and red squirrels on all lands except national forest lands and (ii) fox squirrels on all lands on which there is a regular season for fox squirrels, with the exception of national forest lands.
4VAC15-230-21. Spring season for gray and red squirrel.
It shall be lawful to hunt gray and red squirrels from the
first Saturday in June through the third Saturday in June, both dates
inclusive, on private lands and on Amelia Wildlife Management Area, Big
Survey Wildlife Management Area, Briery Creek Wildlife Management Area,
Chickahominy Wildlife Management Area, Dick Cross Wildlife Management Area,
Dismal Swamp Wildlife Management Area, Fairystone Wildlife Management Area
(including Fairystone State Park and Philpott Reservoir), Featherfin Wildlife
Management Area, Goshen Wildlife Management Area, Hardware River Wildlife
Management Area, Havens Wildlife Management Area, Hog Island Wildlife Management
Area (Carlisle Tract only), Horsepen Wildlife Management Area, James River
Wildlife Management Area, Little North Mountain Wildlife Management Area,
Merrimac Farms Wildlife Management Area, Pettigrew Wildlife Management Area,
Phelps Wildlife Management Area, Powhatan Wildlife Management Area (including
the Goochland Tract), Rapidan Wildlife Management Area, Thompson Wildlife
Management Area, Turkeycock Mountain Wildlife Management Area, and White Oak
Mountain Wildlife Management Area except on national forest lands.
4VAC15-230-61. Spring season for fox squirrel.
It shall be lawful to hunt fox squirrels from the first
Saturday in June through the third Saturday in June, both dates inclusive, on private
all lands in all counties open to fox squirrel hunting during the
regular squirrel season, and on Big Survey Wildlife Management Area, Goshen
Wildlife Management Area, Havens Wildlife Management Area, Little North
Mountain Wildlife Management Area, Merrimac Farms Wildlife Management Area,
Phelps Wildlife Management Area, Rapidan Wildlife Management Area, and Thompson
Wildlife Management Area except on national forest lands.
VA.R. Doc. No. R11-2799; Filed June 30, 2011, 7:27 p.m.
Title of Regulation: 4VAC15-240. Game: Turkey (amending 4VAC15-240-10, 4VAC15-240-20, 4VAC15-240-31, 4VAC15-240-81, 4VAC15-240-91; repealing 4VAC15-240-11).
Statutory Authority: §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendments (i) simplify the fall turkey hunting season dates by uniformly opening the December segment on the Monday nearest December 2 and closing it on the last Saturday in December; (ii) establish a new two-week January hunting season segment that includes three Saturdays; (iii) lengthen the fall turkey hunting season from two weeks to four weeks duration for seven eastern counties and the City of Suffolk, lengthen the same season from two weeks to six weeks duration for Buchanan County, and shorten the fall turkey hunting season for 11 western counties from six weeks to two weeks duration; and (iv) revise requirements for checking turkeys by providing the option for fall turkey hunters to check game killed before the proposed January segment at a check station in addition to the option of checking via the automated harvest reporting system.
4VAC15-240-10. Open season; generally.
Except as otherwise specifically provided in the sections
appearing in this chapter, it shall be lawful to hunt turkeys from the Saturday
prior to the last Monday in October and for 11 consecutive hunting days
following; on Thanksgiving Day; and on the Monday nearest December 9 2
through the first last Saturday in January December,
both dates inclusive; and on the second Saturday in January and for 12
consecutive hunting days following.
4VAC15-240-11. Open season; certain counties and areas;
Saturday prior to the last Monday in October and for 11 hunting days following,
on Thanksgiving Day, and on the Monday closest to December 2 through the last
Saturday in December, both dates inclusive. (Repealed.)
Except as otherwise specifically provided in the sections
appearing in this chapter, it shall be lawful to hunt turkeys in counties,
cities and towns east of the Blue Ridge Mountains except Amherst (west of U.S.
Route 29), Bedford, Campbell (west of Norfolk Southern Railroad), Franklin,
Henry, Nelson (west of Route 151), Patrick and Pittsylvania (west of Norfolk
Southern Railroad) from the Saturday prior to the last Monday in October and
for 11 consecutive hunting days following, on Thanksgiving Day, and on the
Monday nearest December 2 through the last Saturday in December, both dates
inclusive.
4VAC15-240-20. Open season; certain counties and areas; Saturday prior to the last Monday in October and for 11 hunting days following, and on Thanksgiving Day.
It shall be lawful to hunt turkeys on the Saturday prior to
the last Monday in October and for 11 consecutive hunting days following, and
on Thanksgiving Day in the counties of Accomack, Buchanan, Isle of Wight,
Northampton, Prince George, Southampton, Surry, and Sussex and the City of
Suffolk Albemarle, Alleghany, Augusta, Bath, Greene, Highland, Madison,
Page, Orange, Rockingham, and Warren.
4VAC15-240-31. Open season; certain counties and areas; Saturday prior to the last Monday in October and for 11 hunting days following, on Thanksgiving Day, and on the Monday closest to December 2 and for 11 hunting days following.
It shall be lawful to hunt turkeys on the Saturday prior to
the last Monday in October and for 11 consecutive hunting days following, on
Thanksgiving Day, and on the Monday closest to December 2 and for 11 hunting
days following in the counties of Accomack, [ Buchanan, ]
Charles City, Gloucester, Isle of Wight, James City, King George,
Lancaster, Mathews, Middlesex, New Kent, Northampton, Northumberland, Prince
George, Richmond, Southampton, Surry, Sussex, Westmoreland, and
York (except on Camp Peary) [ , ] and the City of Suffolk.
4VAC15-240-81. Validating tags and checking turkey by licensee.
A. Any person killing a turkey shall, before removing the carcass from the place of kill, validate an appropriate tag on his special license for hunting [ bear, ] deer [ , ] and turkey by completely removing the designated notch area from the tag. Place of kill shall be defined as the location where the animal is first reduced to possession. It shall be unlawful for any person to validate (notch) a turkey tag from any special license for hunting [ bear, ] deer [ , ] and turkey prior to the killing of a turkey. A turkey tag that is mistakenly validated (notched) prior to the killing of a turkey must be immediately voided by the licensee by writing, in ink, the word "VOID" on the line provided on the tag.
B. Upon killing a turkey and validating (notching) a license
tag, as provided above, the licensee shall, upon vehicle transport of the
carcass or at the conclusion of legal hunting hours, whichever occurs first,
and without unnecessary delay, present the carcass and validated (notched)
license tag to an authorized checking station or to an appropriate
representative of the department in the county or adjoining county in which the
turkey was killed or report their spring his kill (as
provided by 4VAC15-240-40) through the department's automated harvest
reporting system. Turkeys killed during the January season (as prescribed in
4VAC15-240-10) and the spring turkey seasons (as prescribed in 4VAC15-240-40
and 4VAC15-240-60) must be reported through the department's automated harvest
reporting system. At such time, the The person reporting the
carcass will be given a game check card furnished by the department or a
confirmation number from the automated harvest reporting system. The successful
hunter shall then immediately record the game check card number or
confirmation number, in ink, on the line provided on the license tag that was
validated (notched) in the field. If checked at a big game check station,
the game check card must be kept in possession with the carcass until the
carcass is processed. If the carcass is left unattended, the game check card
must be securely attached to the carcass. If reported using the automated
harvest reporting system, no check card is required as long as the hunter who
killed the turkey is in possession of the carcass. If the automated harvest
reported spring carcass is left unattended or transferred to the
possession of another individual, written documentation including the
successful hunter's full name, the date the animal turkey was
killed, and the confirmation number must be created and kept in possession with
the carcass until the carcass is processed. If the carcass is left unattended,
this written documentation must be securely attached to the carcass.
C. It shall be unlawful for any person to destroy the identity of the sex of any turkey killed unless and until the license tag is validated (notched) and reported to an authorized checking station or to an appropriate representative of the department in the county or adjoining county in which the turkey was killed or by using the automated harvest reporting system as required by this section. Any turkey found in the possession of any person without a validated (notched) license tag or documentation that the turkey has been reported to an authorized checking station or to an appropriate representative of the department in the county or adjoining counties in which the turkey was killed or by using the automated harvest reporting system as required by this section shall be forfeited to the Commonwealth to be disposed of as provided by law.
4VAC15-240-91. Checking turkey by persons exempt from license requirement or holding a license authorization number.
A. Upon killing a turkey, any person exempt from the license
requirement as described in § 29.1-301 of the Code of Virginia, or issued a
complimentary license as prescribed in § 29.1-339, or the holder of a
permanent license issued pursuant to § 29.1-301 E, or the holder of a
Virginia license authorization number issued by a telephone or electronic media
agent pursuant to § 29.1-327 B shall, upon vehicle transport of the carcass or
at the conclusion of legal hunting hours, whichever comes first, and without
unnecessary delay, present the carcass to an authorized checking station or
to an appropriate representative of the department in the county or adjoining
county in which the turkey was killed or report their spring his
kill (as provided by 4VAC15-240-40) through the department's automated
harvest reporting system. At such time, the Turkeys killed during the
January season (as prescribed in 4VAC15-240-10) and the spring turkey seasons
(as prescribed in 4VAC15-240-40 and 4VAC15-240-60) must be reported through the
department's automated harvest reporting system. The person reporting the
carcass shall be given a game check card furnished by the department or a
confirmation number from the automated harvest reporting system. If checked
at a big game check station, the game check card must be kept in possession
with the carcass until the carcass is processed. If the carcass is left
unattended, the game check card must be securely attached to the carcass.
If a spring-season kill is reported using the automated harvest
reporting system, the successful hunter shall immediately create no
check card is required as long as the hunter who killed the turkey is in
possession of the carcass. If the automated harvest reported carcass is left
unattended or transferred to the possession of another individual, written
documentation including the successful hunter's full name, the date the animal
turkey was killed, and the confirmation number. This written
documentation must be created and kept in possession with the
carcass until the carcass is processed. If the automated harvest reported
carcass is transferred to the possession of another individual, the written
documentation must be transferred with the carcass to the individual and kept
in possession with the carcass until the carcass is processed. If the carcass
is left unattended, this written documentation must be securely attached to the
carcass.
B. It shall be unlawful for any person to destroy the identity of the sex of any turkey killed until the turkey is reported to an authorized checking station or to an appropriate representative of the department in the county or adjoining county in which the turkey was killed or by using the automated harvest reporting system as required by this section. Any turkey that has not been reported to an authorized checking station or to an appropriate representative of the department in the county or adjoining county or counties in which the turkey was killed or by using the automated harvest reporting system as required by this section found in the possession of any person exempt from license requirements or holding a license authorization number shall be forfeited to the Commonwealth to be disposed of as provided by law.
VA.R. Doc. No. R11-2800; Filed June 30, 2011, 7:51 p.m.
Title of Regulation: 4VAC15-260. Game: Waterfowl and Waterfowl Blinds (amending 4VAC15-260-90; adding 4VAC15-260-180).
Statutory Authority: §§ 29.1-103, 29.1-501 and 29.1-502 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendments (i) allow public waterfowl hunting from floating blinds in waters adjacent to the Saxis Wildlife Management Area, (ii) identify the area of Michael Marsh in Accomack County closed to waterfowl hunting, and (iii) require a permit to hunt Tundra Swans.
4VAC15-260-90. Blinds and hunting prohibited in sections of Accomack County.
A. The waters adjacent to the Free School and Michael
marshes in the vicinity of the Town of Saxis in Accomack County shall be closed
to stake and floating waterfowl blinds stationary blinds as defined
by 4VAC15-260-10, starting from a stake on the north shore of Back Creek S
230° 37' E for a distance of 7560' more or less to a point 1500' more or less
west of South Point, then S 58° 00° E for a distance of 9380' more or less to
the center of the mouth of Cattail Creek. The waters of Messongo Creek shall be
closed to stake and floating stationary blinds from the
above-described line to Mill Creek. The waters of Cattail Creek shall be closed
to stake and floating stationary blinds from its mouth following
the center of the creek to the southeast corner stake of Michael's marsh
Michael Marsh.
B. In the section known as Michael Marsh, waterfowl hunting is prohibited in all marsh above mean high tide and in the creeks running into the marsh.
4VAC15-260-180. Tundra Swan hunting permit.
Only persons with a valid Tundra Swan hunting permit will be allowed to take Tundra Swans during the prescribed season in Virginia. Tundra Swan hunting permits are nontransferable and are valid for use only by the person to whom issued. Permits must be in the immediate possession of the permit holder while swan hunting. Immediately at the time and place of kill, successful permittees must permanently record the month and day of kill on their permit and attach the permit to the swan as instructed.
VA.R. Doc. No. R11-2801; Filed June 30, 2011, 8:06 p.m.
Title of Regulation: 4VAC15-270. Game: Firearms (adding 4VAC15-270-95).
Statutory Authority: §§ 29.1-103, 29.1-501, 29.1-502, and 29.1-528.1 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Phil Smith, Regulatory Coordinator, Department of Game and Inland Fisheries, 4016 West Broad Street, Richmond, VA 23230, telephone (804) 367-8341, or email phil.smith@dgif.virginia.gov.
Summary:
The amendment establishes model local government ordinances for governance of archery deer hunting, as mandated by § 29.1-528.1 of the Code of Virginia.
4VAC15-270-95. Model ordinances related to archery deer hunting.
Pursuant to § 29.1-528.1 A of the Code of Virginia, the following model ordinances related to hunting deer with bow and arrow (including crossbows) may be adopted by those counties and cities where there is an overabundance of the deer population, which is creating conflicts between humans and deer, including safety hazards to motorists. In accordance with § 29.1-528.1 B of the Code of Virginia, no such ordinance shall be enforceable unless the governing body of the locality notifies the director by registered mail prior to May 1 of the year in which the ordinance is to take effect.
Model Ordinance 1:
The times at which hunting shall commence and end each day shall be in accordance with the provisions of § 29.1-520 of the Code of Virginia.
Model Ordinance 2:
The number of deer that can be taken shall be in accordance with bag limits established by the Board of Game and Inland Fisheries pursuant to §§ 29.1-501 and 29.1-502 of the Code of Virginia.
Model Ordinance 3:
No person shall discharge a bow and arrow from, over, or across any street, sidewalk, alley, roadway, or toward any building or dwelling in such a manner that an arrow may strike it. Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.
Model Ordinance 4:
It shall be unlawful to discharge a bow and arrow in a manner that can be reasonably expected to result in the impact of the arrow upon the property of another without permission from the owner or tenant of such property. Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.
VA.R. Doc. No. R11-2802; Filed June 30, 2011, 8:21 p.m.
Final Regulation
REGISTRAR'S NOTICE: The following regulation filed by the Marine Resources Commission is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 11 of the Code of Virginia; however, the commission is required to publish the full text of final regulations.
Title of Regulation: 4VAC20-490. Pertaining to Sharks (amending 4VAC20-490-20, 4VAC20-490-30, 4VAC20-490-40, 4VAC20-490-41, 4VAC20-490-42, 4VAC20-490-44; adding 4VAC20-490-46, 4VAC20-490-47).
Statutory Authority: § 28.2-201 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Jane Warren, Agency Regulatory Coordinator, Marine Resources Commission, 2600 Washington Avenue, 3rd Floor, Newport News, VA 23607, telephone (757) 247-2248, FAX (757) 247-2002, or email betty.warren@mrc.virginia.gov.
Summary:
The amendments establish (i) a state commercial quota, (ii) additional qualification criteria for the spiny dogfish limited entry permit, (iii) quota monitoring requirements, and (iv) a management control date.
4VAC20-490-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise.
"Agent" means any person who possesses the Commercial Fisherman Registration License, fishing gear license, or fishing permit of a registered commercial fisherman in order to fish that commercial fisherman's gear or sell that commercial fisherman's harvest.
"Carcass length" means that length measured in a straight line from the anterior edge of the first dorsal fin to the posterior end of the shark carcass.
"COLREGS Line" means the COLREGS Demarcation lines, as specified in Coastal Pilot, 35th and 36th editions by Lighthouse Press.
"Commercial shark fishermen fisherman"
means any commercially permitted fisherman who commercial fisherman
permitted to land or possess sharks (excluding spiny dogfish) that has
landed and sold one pound of shark or more (excludes spiny dogfish) in that
calendar year (January 1 through December 31).
"Commercially permitted nonsandbar large coastal shark" means any of the following species:
Blacktip, Carcharhinus limbatus
Bull, Carcharhinus leucas
Great hammerhead, Sphyrna mokarran
Lemon, Negaprion brevirostris
Nurse, Ginglymostoma cirratum
Scalloped hammerhead, Sphyrna lewini
Silky, Carcharhinus falciformis
Smooth hammerhead, Sphyrna zygaena
Spinner, Carcharhinus brevipinna
Tiger, Galeocerdo cuvier
"Commercially permitted pelagic shark" means any of the following species:
Blue, Prionace glauca
Oceanic whitetip, Carcharhinus longimanus
Porbeagle, Lamna nasus
Shortfin mako, Isurus oxyrinchus
Thresher, Alopias vulpinus
"Commercially permitted small coastal shark" means any of the following species:
Atlantic sharpnose, Rhizoprionodon terraenovae
Blacknose, Carcharhinus acronotus
Bonnethead, Sphyrna tiburo
Finetooth, Carcharhinus isodon
"Commercially prohibited shark" means any of the following species:
Atlantic angel, Squatina dumeril
Basking, Cetorhinus maximus
Bigeye sand tiger, Odontaspis noronhai
Bigeye sixgill, Hexanchus nakamurai
Bigeye thresher, Alopias superciliosus
Bignose, Carcharhinus altimus
Caribbean reef, Carcharhinus perezii
Caribbean sharpnose, Rhizoprionodon porosus
Dusky, Carcharhinus obscurus
Galapagos, Carcharhinus galapagensis
Longfin mako, Isurus paucus
Narrowtooth, Carcharhinus brachyurus
Night, Carcharhinus signatus
Sand tiger, Carcharias taurus
Sevengill, Heptranchias perlo
Sixgill, Hexanchus griseus
Smalltail, Carcharhinus porosus
Whale, Rhincodon typus
White, Carcharodon carcharias
"Control rule" means a time-certain date, past, present or future, used to establish participation in a limited entry fishery and may or may not include specific past harvest amounts.
"Dressed weight" means the result from processing a fish by removal of head, viscera, and fins, but does not include removal of the backbone, halving, quartering, or otherwise further reducing the carcass.
"Finning" means removing the fins and returning the remainder of the shark to the sea.
"Fork length" means the straight-line measurement of a fish from the tip of the snout to the fork of the tail. The measurement is not made along the curve of the body.
"Movable gill net" means any gill net other than a staked gill net.
"Large mesh gill net" means any gill net having a stretched mesh equal to or greater than five inches.
"Longline" means any fishing gear that is set horizontally, either anchored, floating or attached to a vessel, and that consists of a mainline or groundline, greater than 1,000 feet in length, with multiple leaders (gangions) and hooks, whether retrieved by hand or mechanical means.
"Permitted commercial gear" means rod and reel, handlines, shark shortlines, small mesh gill nets, large mesh gill nets, pound nets, and weirs.
"Recreational shore angler" means a person not fishing from a vessel nor transported to or from a fishing location by a vessel.
"Recreational vessel angler" means a person fishing from a vessel or transported to or from a fishing location by a vessel.
"Recreationally permitted shark" means any of the following species:
Atlantic sharpnose, Rhizoprionodon terraenovae
Blacknose, Carcharhinus acronotus
Blacktip, Carcharhinus limbatus
Blue, Prionace glauca
Bonnethead, Sphyrna tiburo
Bull, Carcharhinus leucas
Finetooth, Carcharhinus isodon
Great hammerhead, Sphyrna mokarran
Lemon, Negaprion brevirostris
Nurse, Ginglymostoma cirratum
Oceanic whitetip, Carcharhinus longimanus
Porbeagle, Lamna nasus
Scalloped hammerhead, Sphyrna lewini
Shortfin mako, Isurus oxyrinchus
Smooth dogfish, Mustelus canis
Smooth hammerhead, Sphyrna zygaena
Spinner, Carcharhinus brevipinna
Thresher, Alopias vulpinus
Tiger, Galeocerdo cuvier
"Recreationally prohibited shark" means any of the following species:
Atlantic angel, Squatina dumeril
Basking, Cetorhinus maximus
Bigeye sand tiger, Odontaspis noronhai
Bigeye sixgill, Hexanchus nakamurai
Bigeye thresher, Alopias superciliosus
Bignose, Carcharhinus altimus
Caribbean reef, Carcharhinus perezii
Caribbean sharpnose, Rhizoprionodon porosus
Dusky, Carcharhinus obscurus
Galapagos, Carcharhinus galapagensis
Longfin mako, Isurus paucus
Narrowtooth, Carcharhinus brachyurus
Night, Carcharhinus signatus
Sand tiger, Carcharias taurus
Sandbar, Carcharhinus plumbeus
Sevengill, Heptranchias perlo
Silky, Carcharhinus falciformis
Sixgill, Hexanchus griseus
Smalltail, Carcharhinus porosus
Whale, Rhincodon typus
White, Carcharodon carcharias
"Research only shark" means any of the following species:
Sandbar, Carcharhinus plumbeus
"Shark shortline" means a fish trotline that is set horizontally, either anchored, floating or attached to a vessel, and that consists of a mainline or groundline, 1,000 feet in length or less, with multiple leaders (gangions) and no more than 50 corrodible circle hooks, whether retrieved by hand or mechanical means.
"Small mesh gill net" means any gill net having a stretched mesh less than five inches.
"Smooth dogfish" means any shark of the species Mustelus canis.
"Spiny dogfish" means any shark of the species Squalus acanthias.
4VAC20-490-30. Gear restrictions.
A. It shall be unlawful for any person to place, set, or fish any longline in Virginia's tidal waters.
B. It shall be unlawful for any person to place, set, or fish any shark shortline in Virginia's tidal waters with more than 50 hooks. All hooks must be corrodible circle hooks. In addition, any person aboard a vessel fishing shortlines must practice the protocols and possess the federally required release equipment, for pelagic and bottom longlines, for the safe handling, release and disentanglement of sea turtles and other nontarget species; all captain and vessel owners must be certified in using handling and release equipment.
C. It shall be unlawful for a person to have possess
more than two shark shortlines on board a vessel.
D. It shall be unlawful for any person fishing recreationally to take any shark using any gear other than handline or rod and reel.
E. It shall be unlawful for any person fishing for commercial
purposes to possess any shark caught in state waters by means other than
permitted commercial gear.
F. Any commercial shark fisherman fishing for sharks shall check all of his large mesh gill nets at least once every two hours.
4VAC20-490-40. Recreational catch limitations.
A. Recreational fishing vessels are allowed a maximum possession limit of one recreationally permitted shark, excluding smooth dogfish, per trip, regardless of the number of people on board the vessel. In addition, each recreational vessel angler may possess one bonnethead and one Atlantic sharpnose per trip. The possession aboard a vessel of more than one recreationally permitted shark, excluding smooth dogfish, or the possession of more than one Atlantic sharpnose shark or one bonnethead shark, per person, shall constitute a violation of this regulation. When fishing from any boat or vessel where the entire catch is held in a common hold or container, the possession limits for Atlantic sharpnose shark or bonnethead shark shall be for the boat or vessel and shall be equal to the number of persons on board legally eligible to fish, plus one additional recreationally permitted shark. The captain or operator of the boat or vessel shall be responsible for any boat or vessel possession limits.
B. A recreational shore angler is allowed a maximum possession limit of one recreationally permitted shark, excluding smooth dogfish, per calendar day. In addition a recreational shore angler may harvest one additional bonnethead and one additional Atlantic sharpnose per calendar day. The possession of more than one recreationally permitted shark, excluding smooth dogfish, or the possession of more than one bonnethead and one Atlantic sharpnose, by any person, shall constitute a violation of this regulation.
C. It shall be unlawful for any person to possess any recreationally prohibited shark.
D. It shall be unlawful for any person to possess any recreationally permitted shark landed under the recreational catch limitations described in this section that is less than 54 inches fork length except Atlantic sharpnose, bonnethead, finetooth, blacknose, and smooth dogfish.
E. It shall be unlawful for any person to take, harvest, land, or possess any blacktip, bull, great hammerhead, lemon, nurse, scalloped hammerhead, smooth hammerhead, spinner or tiger shark from May 15 through July 15 of any calendar year.
F. All sharks must have heads, tails and fins attached
naturally to the carcass. Anglers may gut and bleed the carcass as long as the
head and tail are not removed. Filleting sharks at sea any shark
is prohibited until that shark is offloaded at the dock or on shore.
4VAC20-490-41. Commercial catch limitations.
A. It shall be unlawful for any person to possess on board a vessel or to land in Virginia more than 33 commercially permitted nonsandbar large coastal sharks in one 24-hour period. The person who owns or operates the vessel is responsible for compliance with the provisions of this subsection.
B. It shall be unlawful for any person to fillet a shark at
sea, until that shark is offloaded at the dock or on shore, except
smooth dogfish as provided in subsection C of this section. A licensed
commercial fisherman may eviscerate and remove the head of any shark, but the
tail and all fins of any shark, except smooth dogfish as provided in subsection
C of this section, shall remain naturally attached to the carcass through
landing. The fins of any shark, except smooth dogfish, may be partially cut but
some portion of the fin shall remain attached, until the shark is landed.
C. From July 1 through the end of February, commercial fishermen may process smooth dogfish at sea, except the first dorsal fin shall remain attached naturally to the carcass until landed. From March 1 through June 30, commercial fishermen may completely process smooth dogfish at sea prior to landing.
D. It shall be unlawful to possess, on board a vessel, or to land in Virginia any species of shark, after NOAA Fisheries has closed the fishery for that species in federal waters.
E. There are no commercial trip limits or possession limits for smooth dogfish or sharks on the lists of commercially permitted pelagic species or commercially permitted small coastal species.
F. Except as described in this section, it shall be unlawful for any person to take, harvest, land, or possess in Virginia any blacktip, bull, great hammerhead, lemon, nurse, scalloped hammerhead, silky, smooth hammerhead, spinner or tiger shark from May 15 through July 15. These sharks may be transported by vessel, in Virginia waters, during the closed season provided the sharks were caught in a legal manner consistent with federal regulations outside Virginia waters and:
1. The vessel does not engage in fishing, in Virginia waters, while possessing the above species; and
2. All fishing gear aboard the vessel is stowed and not available for immediate use.
G. It shall be unlawful for any person to retain, possess or purchase any commercially prohibited shark or any research only shark, except as provided in subsection I of this section.
H. All sharks harvested from state waters or federal waters, for commercial purposes, shall only be sold to a federally permitted shark dealer.
I. The commissioner may grant exemptions from the seasonal closure, quota, possession limit, size limit, gear restrictions and prohibited species restrictions. Exemptions shall be granted only for display or research purposes. Any person granted an exemption for the harvest of any shark for research or display shall report the species, weight, location caught and gear used for each shark collected within 30 days. Any person granted a permit to possess any shark for research or display shall provide the commissioner, on an annual basis, information on the location and status of the shark throughout the life of the shark.
4VAC20-490-42. Spiny dogfish commercial quota and catch limitations.
A. For the 12-month period of May 1, 2011, through April 30, 2012, the spiny dogfish commercial landings quota shall be limited to 2,148,224 pounds.
A. B. It shall be unlawful for any person to
take, possess aboard any vessel or land in Virginia any spiny dogfish harvested
from federal waters (Exclusive Economic Zone (3-200 miles)), for
commercial purposes after it has been announced that the federal quota for
spiny dogfish has been taken.
B. C. It shall be unlawful for any person to
take, possess aboard any vessel or land in Virginia more than 3,000 pounds of
spiny dogfish per day for commercial purposes.
C. D. It shall be unlawful for any person to
harvest or to land in Virginia any spiny dogfish for commercial purposes
from state waters after it has been announced that the interstate quota for
spiny dogfish has been taken after the quota specified in subsection A
of this section has been landed and announced as such.
D. All E. Any spiny dogfish harvested from
state waters or federal waters, for commercial purposes, must shall
only be sold to a federally permitted dealer.
E. F. It shall be unlawful for any buyer of
seafood to receive any spiny dogfish after any commercial harvest or landing
quota described in this section has been attained and announced as such.
4VAC20-490-44. Spiny dogfish limited entry fishery permit and permit transfers.
A. It shall be unlawful for any person to take, catch, possess, or land any spiny dogfish without first having obtained a spiny dogfish limited entry fishery permit from the Marine Resources Commission. Such permit shall be completed in full by the permittee who shall keep a copy of that permit in his possession while fishing for or selling spiny dogfish. Permits shall only be issued to Virginia registered commercial fishermen meeting either of the following criteria:
1. Shall have documented on Virginia mandatory harvest reporting forms harvest from a legally licensed, movable gill net for an average of at least 60 days from 2006 through 2008, and a minimum harvest of one pound of spiny dogfish at any time from 2006 through 2008.
2. Shall have documented on Virginia mandatory reporting forms harvests that total greater than 10,000 pounds of spiny dogfish in any one year from 2006 through 2008.
3. Any smooth dogfish or unidentified dogfish documented on Virginia mandatory reporting forms as harvested during the months of November through February, 2006 through 2008, shall be classified as spiny dogfish when determining eligibility for a Spiny Dogfish Limited Entry Fishery Permit as described in subdivisions 1 and 2 of this subsection.
B. It is unlawful to transfer any spiny dogfish limited entry fishery permit after November 23, 2009.
C. The use of agents in the spiny dogfish fishery is prohibited.
D. The commissioner or his designee may grant exceptions to the prohibition against transfers of the spiny dogfish limited entry fishery permit as described in subsection B of this section to any individual who meets any of the following criteria:
1. Demonstrates a significant hardship on the basis of health and provides the commissioner documentation, by an attending physician, of the medical condition.
2. Demonstrates a significant hardship on the basis of a call to active military duty and provides the commissioner an explanation, in writing, and copy of the military orders for active duty.
3. Documents the retirement or death of the immediate family member permitted for the spiny dogfish limited entry fishery and possessing a legal Commercial Fisherman Registration License.
4VAC20-490-46. Spiny dogfish monitoring requirements.
A. Any Virginia seafood buyer purchasing spiny dogfish shall provide written reports to the Marine Resources Commission of weekly landings for each registered commercial fisherman to include that commercial fisherman's registration license number and exact weight of the spiny dogfish landed, in pounds, until it is projected and announced that 80% of Virginia spiny dogfish quota has been landed.
B. When it has been projected and announced by the Marine Resources Commission that 80% of the Virginia spiny dogfish quota has been landed, each Virginia seafood buyer shall call the Marine Resources Commission's interactive voice recording system on a daily basis to report the daily landings for each registered commercial fisherman to include the commercial fisherman's registration license number and exact weight of spiny dogfish landed, in pounds, until it is projected and announced that the Virginia spiny dogfish quota has been landed and the fishery closed.
4VAC20-490-47. Control date.
The Marine Resources Commission hereby establishes April 30, 2011, as the control date for management of all spiny dogfish licenses and fisheries in Virginia. The harvest of any spiny dogfish or the participation by any individual in any spiny dogfish fishery after the control date will not be considered in the calculation of spiny dogfish rights should further entry limitations be established. Any individual entering the spiny dogfish fishery after the control date may forfeit any right to future participation in the spiny dogfish fishery should further entry limitation be established.
VA.R. Doc. No. R11-2884; Filed June 30, 2011, 12:03 p.m.
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STATE CORPORATION COMMISSION
Final Regulation
REGISTRAR'S NOTICE: The State Corporation Commission is exempt from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court of record.
Title of Regulation: 5VAC5-30. Uniform Commercial Code Filing Rules (amending 5VAC5-30-20 through 5VAC5-30-70).
Statutory Authority: §§ 8.9A-526 and 12.1-13 of the Code of Virginia.
Effective Date: July 1, 2011.
Agency Contact: Joel Peck, Clerk of the Commission, State Corporation Commission, 1300 East Main Street, P.O. Box 1197, Richmond, VA 23218, telephone (804) 371-9733, FAX (804) 371-9012, or email joel.peck@scc.virginia.gov.
Summary:
The regulations amend the filing rules for Uniform Commercial Code financing statements in a number of ways. The amendments (i) facilitate the use of electronic commerce for increased customer service, (ii) authorize the Clerk of the Commission to act in accordance with law with regard to personal identifiable information, (iii) clarify certain provisions and make appropriate technical amendments, and (iv) delete obsolete definitions.
AT RICHMOND, JUNE 21, 2011
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. CLK-2011-00003
Ex Parte: In re: Uniform Commercial
Code filing rules
ORDER ADOPTING REGULATIONS
On April 14, 2011, the State Corporation Commission ("Commission") entered an Order to Take Notice of a proposal by the Commission to adopt regulations pursuant to § 8.9A-526 of the Code of Virginia. The proposed regulations, amending Chapter 30 (5 VAC 5-30-10 et seq.) of Title 5 of the Virginia Administrative Code, update the existing rules for the implementation of Title 8.9A of the Code of Virginia and facilitate the use of electronic commerce for increased customer service. The Order and proposed regulations were published in the Virginia Register of Regulations on May 9, 2011, posted on the Commission's website, and sent to various interested parties. Interested parties were afforded the opportunity to file written comments or request a hearing on or before May 23, 2011. No comments or requests for a hearing were filed.
NOW THE COMMISSION, upon consideration of the proposed regulations and applicable law, concludes that the proposed regulations should be adopted as proposed.
Accordingly, IT IS ORDERED THAT:
(1) The proposed regulations, as attached hereto, are adopted effective July 1, 2011.
(2) This Order and the attached regulations shall be posted on the Commission's website at http://www.scc.virginia.gov/case.
(3) The Commission's Division of Information Resources shall send a copy of this Order, including a copy of the attached regulations, to the Virginia Registrar of Regulations for publication in the Virginia Register of Regulations.
(4) This case is dismissed from the Commission's docket of active cases.
AN ATTESTED COPY hereof shall be sent to the Clerk of the Commission, who shall forthwith mail a copy of this Order, including a copy of the attached regulations, to interested parties as he may designate.
5VAC5-30-20. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Active record" means a UCC record that has not
reached the one-year anniversary of its lapse date.
"Amendment" means a UCC record that amends the information contained in a financing statement. Amendments also include (i) assignments and (ii) continuation and termination statements.
"Assignment" means an amendment that assigns all or a part of a secured party's power to authorize an amendment to a financing statement.
"Continuation statement" shall have the meaning prescribed by § 8.9A-102(a)(27) of the Code of Virginia.
"Correction statement" means a UCC record that indicates that a financing statement is inaccurate or wrongfully filed.
"File number" shall have the meaning prescribed by
§ 8.9A-519(b) 8.9A-102(a)(36) of the Code of Virginia.
"Filing office" means the Clerk's Office of the State Corporation Commission.
"Filing officer" means the Clerk of the State Corporation Commission.
"Filing officer statement" means a statement
entered into the filing office's UCC information management
system to correct describe the correction of an error or
inaccuracy made by the filing office.
"Financing statement" shall have the meaning prescribed by § 8.9A-102(a)(39) of the Code of Virginia.
"Inactive record" means a UCC record that has
reached the first anniversary of its lapse date.
"Individual" means a natural person, living or deceased.
"Initial financing statement" means a UCC record containing the information required to be in an initial financing statement and that causes the filing office to establish the initial record of existence of a financing statement.
"Organization" means a legal person that is not an individual.
"Personal identifiable information" shall have the meaning prescribed by § 12.1-19 B of the Code of Virginia.
"Remitter" means a person who tenders a UCC record to the filing officer for filing, whether the person is a filer or an agent of a filer responsible for tendering the record for filing. "Remitter" does not include a person responsible merely for the delivery of the record to the filing office, such as the postal service or a courier service but does include a service provider who acts as a filer's representative in the filing process.
"Secured party of record" shall have the meaning prescribed by § 8.9A-511 of the Code of Virginia.
"Termination statement" shall have the meaning prescribed by § 8.9A-102(a)(79) of the Code of Virginia.
"Through date" means the most recent date that all submissions for a specified day have been indexed in the UCC information management system.
"UCC" means the Uniform Commercial Code - Secured Transactions (§ 8.9A-101 et seq. of the Code of Virginia).
"UCC information management system" means the information management system used by the filing office to store, index, and retrieve information relating to financing statements.
"UCC record" means an initial financing statement, an amendment, and a correction or filing officer statement, and shall not be deemed to refer exclusively to paper or paper-based writings.
5VAC5-30-30. General filing and search requirements.
A. UCC records may be tendered for filing at the filing office as follows:
1. By personal delivery, at the filing office street address;
2. By courier delivery, at the filing office street address; or
3. By postal delivery, to the filing office mailing address; or
4. By electronic delivery method provided and authorized by the filing office.
B. The filing time for a UCC record delivered by any of
the foregoing methods personal, courier, or postal delivery is the
time the UCC record is date-and-time stamped by the filing office even though
the UCC record may not yet have been accepted for filing and may be
subsequently rejected. The filing time for a UCC record delivered by
authorized electronic delivery method is the date and time the UCC information
management system receives the record and determines that all the required
elements of the transmission have been received in the required format.
C. UCC search requests may be delivered to the filing office
by any of the methods by which UCC records may be delivered to the filing
office personal, courier, or postal delivery.
5VAC5-30-40. Forms, fees, and payments.
A. Forms.
1. The filing office shall only accept forms for UCC records that conform to the requirements of this chapter.
2. The forms set forth in § 8.9A-521 of the Code of Virginia shall be accepted.
3. The forms approved by the International Association of
Commercial Administrators as they appear on the filing office's website (http://www.scc.virginia.gov/division/clk/fee_ucc.htm)
(http://www.scc.virginia.gov/division/clk/uccfile.aspx) shall be
accepted.
4. The filing officer may approve other forms for acceptance,
including additional forms promulgated approved by the
International Association of Commercial Administrators.
B. Fees.
1. The fee for filing and indexing a UCC record communicated
on paper is $20.
2. The fee for submitting a UCC search request communicated
on paper is $7.00.
3. The fee for furnishing UCC search copies is $.50 for each page. The fee for affixing the seal of the commission to a certificate is $3.00.
C. Methods of payment. Filing fees and fees for services
provided under this regulation chapter may be paid by the
following methods:
1. Payment in cash shall be accepted if paid in person at the filing office.
2. Personal checks, cashier's checks and money orders made payable to the State Corporation Commission or Treasurer of Virginia shall be accepted for payment if drawn on a bank acceptable to the filing office or if the drawer is acceptable to the filing office.
3. Payment by credit card acceptable to the filing office or electronic check shall be accepted for the filing or submission of documents delivered by authorized electronic method.
D. Overpayment and underpayment policies.
1. The filing officer shall notify the remitter of the amount of any overpayment exceeding $24.99 and send the remitter the appropriate procedure and form for requesting a refund. The filing officer shall refund an overpayment of $24.99 or less only upon the written request of the remitter. A request for a refund shall be delivered to the filing office within 12 months from the date of payment.
2. Upon receipt of a UCC record with an insufficient filing
fee, the filing officer shall return the record to the remitter with a notice
stating the deficiency and shall may retain the filing fee.
E. Federal liens. A notice of lien, certificate and other notice affecting a federal tax lien or other federal lien presented to the filing office pursuant to the provisions of the Uniform Federal Lien Registration Act (§ 55-142.1 et seq. of the Code of Virginia) shall be treated as the most analogous UCC record unless the Uniform Federal Lien Registration Act or federal law provides otherwise.
Part II
Record Requirements
5VAC5-30-50. Acceptance and refusal of records; continuation statements.
A. The duties and responsibilities of the filing officer with respect to the administration of the UCC are ministerial. In accepting for filing or refusing to file a UCC record pursuant to this chapter, the filing officer does none of the following:
1. Determine the legal sufficiency or insufficiency of a record;
2. Determine that a security interest in collateral exists or does not exist;
3. Determine that information in the record is correct or incorrect, in whole or in part; or
4. Create a presumption that information in the record is correct or incorrect, in whole or in part.
B. The first day on which a continuation statement may be filed is the day of the month corresponding to the date upon which the related financing statement would lapse in the sixth month preceding the month in which the financing statement would lapse. If there is no such corresponding date, the first day on which a continuation statement may be filed is the last day of the sixth month preceding the month in which the financing statement would lapse. The last day on which a continuation statement may be filed is the date upon which the financing statement lapses. If the lapse date falls on a Saturday, Sunday, or other day on which the filing office is not open, then the last day on which a continuation statement may be filed, if tendered for filing by personal, courier, or postal delivery, is the last day the filing office is open prior to the lapse date. An authorized electronic delivery method may be available to file a continuation statement on a Saturday, Sunday, or other day on which the filing office is not open. The relevant anniversary for a February 29 filing date shall be March 1 in the fifth or 30th year following the date of filing.
C. Except as provided in 5VAC5-30-40 D, if the filing officer
finds grounds to refuse a UCC record, the filing officer shall return the
record to the remitter and shall may retain the filing fee.
D. Nothing in this chapter shall prevent a the
filing officer from communicating to a filer or a remitter that the filing
officer noticed apparent potential defects in a UCC record, whether or not it
was filed or refused for filing. However, the filing officer office
is under no obligation to do so and may not, in fact, have the resources to
identify potential defects. The responsibility for the legal effectiveness of
filing rests with filers and remitters and the filing office bears no
responsibility for such effectiveness.
E. The filing officer may act in accordance with § 12.1-19 B of the Code of Virginia with respect to submissions that contain personal identifiable information.
F. If a secured party or a remitter demonstrates to the satisfaction of the filing officer that a UCC record that was refused for filing should not have been refused, the filing officer shall file the UCC record as provided in this chapter with a filing date and time assigned when the record was originally tendered for filing. The filing officer shall also file a filing officer statement that states the effective date and time of filing, which shall be the date and time the UCC record was originally tendered for filing.
Part III
Record Filing and Searches
5VAC5-30-60. Filing and data entry procedures.
A. The filing office may correct errors made by its personnel in the UCC information management system at any time. If the correction occurs after the filing officer has issued a certification, the filing officer shall file a filing officer statement in the UCC information management system identifying the record to which it relates, the date of the correction, and explaining the nature of the corrective action taken. The record shall be preserved as long as the record of the initial financing statement is preserved in the UCC information management system.
B. An error by a filer or remitter is the responsibility of that person. It can be corrected by filing an amendment or it can be disclosed by filing a correction statement pursuant to § 8.9A-518 of the Code of Virginia. A correction statement shall be made only on a Statement of Claim form (Form UCC5).
C. 1. A UCC record tendered for filing shall designate whether a name is a name of an individual or an organization. If the name is that of an individual, the first, middle and last names and any suffix shall be given.
2. Organization names are entered into the UCC information management system exactly as set forth in the UCC record, even if it appears that multiple names are set forth in the record or if it appears that the name of an individual has been included in the field designated for an organization name.
3. The filing office will only accept forms that designate separate fields for individual and organization names and separate fields for first, middle, and last names and any suffix. Such forms diminish the possibility of filing office error and help assure that filers' expectations are met. However, the inclusion of names in an incorrect field or the failure to transmit names accurately to the filing office may cause a financing statement to be ineffective.
D. The filing officer shall take no action upon receipt of a
notification, formal or informal, of a bankruptcy proceeding involving a debtor
named included in the UCC information management system.
5VAC5-30-70. Search requests and reports.
A. The filing officer maintains for public inspection a searchable index for all UCC records. The index shall provide for the retrieval of all filed records by the name of the debtor and by the file number of the initial financing statement.
B. Search requests shall be made only on the National
Information Request Form form (Form UCC11) and shall contain
the following information include:
1. The name of the debtor to be searched, specifying whether the debtor is an individual or organization. A search request will be processed using the exact name provided by the requestor.
2. The name and address of the person to whom the search report is to be sent.
3. The Payment of the appropriate fee, which
shall be enclosed, payable made by a method described herein
set forth in this chapter.
C. Search requests may contain the following information
include:
1. A request that copies of records found in the search be
included with the search report, or and
2. Instructions on the mode of delivery desired, if other than
by ordinary mail postal delivery, which request shall be honored
followed if the requested desired mode is available
acceptable to the filing office.
D. Search results are produced by the application of standardized search logic to the name presented to the filing officer. The following criteria apply to searches:
1. There is no limit to the number of matches that may be returned in response to the search request.
2. No distinction is made between upper and lower case letters.
3. Punctuation marks and accents are disregarded.
4. "Noise words" are limited to "an,"
"and," "for," "of," and "the." The word
"the" always will be is disregarded and other.
Other noise words appearing anywhere except at the beginning of an
organization name will be are disregarded. Certain business words
are modified to a standard abbreviation: company to "co," corporation
to "corp," limited to "ltd," incorporated to
"inc."
5. All spaces are disregarded.
6. After using the preceding criteria to modify the name to be searched, the search will reveal names of debtors that are contained in unlapsed or all initial financing statements in an alphabetical list.
E. Reports created in response to a search request shall include the following:
1. The date and time the report was generated.
2. Identification of the name searched.
3. The through date as of the date and time the report was generated.
4. For an organization, the name as it appears after application of the standardized search logic.
5. Identification of each unlapsed initial financing
statement or all initial financing statements filed on or prior to the report
date and time corresponding to the search criteria, by name of debtor, by identification
file number, and by file date and file time.
4. 6. For each initial financing statement on
the report, a listing of all related UCC records filed by the filing officer on
or prior to the report date.
5. 7. Copies of all UCC records revealed by the
search and requested by the requestor.
F. The filing office may provide access to the searchable index via the Internet that produces search results beyond exact name matches. Search results obtained via the Internet shall not constitute an official search and will not be certified by the filing office.
VA.R. Doc. No. R11-2808; Filed June 22, 2011, 2:17 p.m.
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STATE BOARD OF EDUCATION
Withdrawal of Proposed Regulation
The State Board of Education has WITHDRAWN the proposed regulation for 8VAC20-340, Regulations for Driver Education, which was published as VR 270-01-0033, Regulations Governing Driver Education, in 6:4 VA.R. 471-472 November 20, 1989.
Agency Contact: Margaret Roberts, Department of Education, P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-2540, FAX (804) 225-2524, or email margaret.roberts@doe.virginia.gov.
VA.R. Doc. No. R11-2898; Filed June 8, 2011, 3:27 p.m.
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STATE AIR POLLUTION CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do not differ materially from those required by federal law or regulation. The Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.
Titles of Regulations: 9VAC5-10. General Definitions (amending 9VAC5-10-30) (Rev. A-11).
9VAC5-80. Permits for Stationary Sources (amending 9VAC5-80-1615, 9VAC5-80-1635, 9VAC5-80-1695, 9VAC5-80-1715, 9VAC5-80-1765, 9VAC5-80-2010, 9VAC5-80-2120) (Rev. A-11).
Statutory Authority: § 10.1-1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70, and 72.
Effective Date: August 17, 2011.
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.
Summary:
Articles 8 and 9 of 9VAC5-80 (Permits for Stationary Sources) apply to the construction or reconstruction of new major stationary sources or major modifications to existing ones in prevention of significant deterioration (PSD) areas and in nonattainment areas. This major new source review (NSR) permitting program requires that the owner obtain a permit prior to the construction or modification of a major source. The owner of the proposed new or modified source must provide information as may be needed to enable a preconstruction review in order to determine compliance with applicable control technology and other standards, and to assess the impact of the emissions from the facility on air quality. The regulations also provide the basis for final action on the permit depending on the results of the preconstruction review.
On May 16, 2008 (73 FR 28321), the U.S. Environmental Protection Agency (EPA) promulgated a final rule revising the NSR permitting program for PSD and nonattainment areas. The new rule includes the major source threshold, significant emissions rate, and offset ratios for particulate matter less than 2.5 micrometers (PM2.5), interpollutant trading for offsets, and applicability of NSR to PM2.5 precursors. On October 20, 2010 (75 FR 64864), EPA promulgated a final rule revising the federal NSR permitting program for PSD. The new rule amends the requirements for PM2.5 under the PSD program by adding maximum allowable increases in ambient pollutant concentrations (increments) and two screening tools known as the significant impact levels (SILs) and a significant monitoring concentration (SMC) for PM2.5. In Virginia, where the state is administering the NSR program under an approved SIP, the state may adopt and submit revisions to the SIP to reflect the rule revisions. The revised SIP should be the same as or equivalent to the revised federal program.
9VAC5-10-30. Abbreviations.
A -- ampere
act -- actual
AQCR -- Air Quality Control Region
AQMA -- Air Quality Maintenance Area
ASTM -- American Society for Testing and Materials
avg -- average
Be -- Beryllium
Btu -- British thermal unit
°C -- degree Celsius (centigrade)
cal -- calorie
cc -- cubic centimeter
CdS -- cadmium sulfide
cfm -- cubic feet per minute
CFR -- Code of Federal Regulations (40 CFR 35 means Part 35 of Title 40 of the Code of Federal Regulations; 40 CFR 35.20 means Section 35.20 in Part 35 of Title 40 of the Code of Federal Regulations)
CO -- carbon monoxide
CO2 -- carbon dioxide
COH -- Coefficient of Haze (unit of measure for the soiling index)
cu ft -- cubic feet
d -- day
dcf -- dry cubic feet
dcm -- dry cubic meter
dscf -- dry cubic feet at standard conditions
dscm -- dry cubic meter at standard conditions
EPA -- U.S. Environmental Protection Agency
eq -- equivalents
°F -- degree Fahrenheit
FR -- Federal Register (36 FR 1492, May 3, 1971 means page 1492, dated May 3, 1971, of Volume 36 of the Federal Register - the page indicated is the first page of the referenced material)
ft -- feet
ft2 -- square feet
ft3 -- cubic feet
g -- gram
gal -- gallon
GEP -- good engineering practice
g-eq -- gram equivalents
gr -- grain
HCl -- hydrochloric acid or hydrogen chloride
Hg -- mercury
hp -- horse power
hr -- hour
H2O -- water
H2S -- hydrogen sulfide
H2SO4 -- sulfuric acid
Hz -- hertz
I.D. -- inside diameter
in -- inch
inHg -- inches of mercury
inH2O -- inches of water
J -- joule
K -- Kelvin
k -- 1,000
kg -- kilogram = 103 gram
l -- liter
lb -- pound
lpm -- liter per minute
M -- molar
m -- meter
m3 -- cubic meter
meq -- milliequivalent
Mg -- megagram = 106 gram
mg -- milligram = 10-3 gram
min -- minute
ml -- milliliter = 10-3 liter
mm -- millimeter = 10-3 meter
mol -- mole
mol.wt. -- molecular weight
MSA -- Metropolitan Statistical Area
mV -- millivolt = 10-3 volt
N -- normal
n -- newton
N2 -- nitrogen
ng -- nanogram = 10-9 gram
nm -- nanometer = 10-9 meter
NO -- nitric oxide
NO2 -- nitrogen dioxide
NOX -- nitrogen oxides
O2 -- oxygen
O.D. -- outside diameter
oz -- ounce
Pa -- pascal
PM -- particulate matter; any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.
PM10 -- particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers
PM2.5 -- particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers
ppb -- parts per billion
ppm -- parts per million
psi -- pounds per square inch
psia -- pounds per square inch absolute
psig -- pounds per square inch gauge
°R -- degree Rankine
s -- second
scf -- cubic feet at standard conditions
scfh -- cubic feet per hour at standard conditions
scm -- cubic meter at standard conditions
sec -- second
SO2 -- sulfur dioxide
SO3 -- sulfur trioxide
SOX -- sulfur oxides
sq ft -- square feet
std -- at standard conditions or standard
μg -- microgram = 10-6 gram
μl -- microliter = 10-6 liter
USC -- United States Code
V -- volt
v/v -- volume per volume
VOC -- volatile organic compound
W -- watt
w.g. -- water gauge
yd2 -- square yard
yr -- year
% -- percent
Ω -- ohm
§ -- section
9VAC5-80-1615. Definitions.
A. As used in this article, all words or terms not defined herein shall have the meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by context.
B. For the purpose of this article, 9VAC5-80-280 and applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section:
C. Terms defined.
"Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with subdivisions a through c of this definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 9VAC5-80-1865. Instead, the definitions of "projected actual emissions" and "baseline actual emissions" shall apply for those purposes.
a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period that precedes the particular date and that is representative of normal source operation. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
b. The board may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
c. For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
"Actuals PAL for a major stationary source" means a PAL based on the baseline actual emissions of all emissions units at the source that emit or have the potential to emit the PAL pollutant.
"Administrator" means the administrator of the U.S. Environmental Protection Agency (EPA) or an authorized representative.
"Adverse impact on visibility" means visibility impairment that interferes with the management, protection, preservation or enjoyment of the visitor's visual experience of the federal class I area. This determination shall be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairment, and how these factors correlate with (i) times of visitor use of the federal class I areas, and (ii) the frequency and timing of natural conditions that reduce visibility.
"Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally and state enforceable limits that restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
a. The applicable standards as set forth in 40 CFR Parts 60, 61, and 63;
b. The applicable implementation plan emissions limitation including those with a future compliance date; or
c. The emissions limit specified as a federally and state enforceable permit condition, including those with a future compliance date.
For the purposes of actuals PALs, "allowable emissions" shall also be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.
"Applicable federal requirement" means all of, but not limited to, the following as they apply to emissions units in a source subject to this article (including requirements that have been promulgated or approved by the administrator through rulemaking at the time of permit issuance but have future-effective compliance dates):
a. Any standard or other requirement provided for in an implementation plan established pursuant to § 110 or § 111(d) of the federal Clean Air Act, including any source-specific provisions such as consent agreements or orders.
b. Any limit or condition in any construction permit issued under the new source review program or in any operating permit issued pursuant to the state operating permit program.
c. Any emission standard, alternative emission standard, alternative emission limitation, equivalent emission limitation or other requirement established pursuant to § 112 or § 129 of the federal Clean Air Act as amended in 1990.
d. Any new source performance standard or other requirement established pursuant to § 111 of the federal Clean Air Act, and any emission standard or other requirement established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.
e. Any limitations and conditions or other requirement in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.
f. Any requirement concerning accident prevention under § 112(r)(7) of the federal Clean Air Act.
g. Any compliance monitoring requirements established pursuant to either § 504(b) or § 114(a)(3) of the federal Clean Air Act.
h. Any standard or other requirement for consumer and commercial products under § 183(e) of the federal Clean Air Act.
i. Any standard or other requirement for tank vessels under § 183(f) of the federal Clean Air Act.
j. Any standard or other requirement in 40 CFR Part 55 to control air pollution from outer continental shelf sources.
k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the federal Clean Air Act unless the administrator has determined that such requirements need not be contained in a permit issued under this article.
l. With regard to temporary sources subject to 9VAC5-80-130, (i) any ambient air quality standard, except applicable state requirements, and (ii) requirements regarding increments or visibility as provided in this article.
"Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with the following:
a. For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner within the five-year period immediately preceding when the owner begins actual construction of the project. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation.
(1) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.
(3) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. The same consecutive 24-month period shall be used for each different regulated NSR pollutant unless the owner can demonstrate to the satisfaction of the board that a different consecutive 24-month period for a different pollutant or pollutants is more appropriate due to extenuating circumstances.
(4) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subdivision a (2) of this definition.
b. For an existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner within the five-year period immediately preceding either the date the owner begins actual construction of the project, or the date a complete permit application is received by the board for a permit required under this article, whichever is earlier, except that the five-year period shall not include any period earlier than November 15, 1990. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation.
(1) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.
(3) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major stationary source must currently comply, had such major stationary source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the board has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 9VAC5-80-2120 K.
(4) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for all the emissions units being changed. The same consecutive 24-month period shall be used for each different regulated NSR pollutant unless the owner can demonstrate to the satisfaction of the board that a different consecutive 24-month period for a different pollutant or pollutants is more appropriate due to extenuating circumstances.
(5) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subdivisions b (2) and (3) of this definition.
c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.
d. For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in subdivision a of this definition, for other existing emissions units in accordance with the procedures contained in subdivision b of this definition, and for a new emissions unit in accordance with the procedures contained in subdivision c of this subsection.
"Baseline area":
a. Means any intrastate area (and every part thereof)
designated as attainment or unclassifiable under § 107(d)(1)(C) §
107(d)(1)(A)(ii) or (iii) of the federal Clean Air Act in which the major
source or major modification establishing the minor source baseline date would
construct or would have an air quality impact equal to or greater than 1
μg/m3 (annual average) of for the pollutant for
which the minor source baseline date is established, as follows: (i)
for SO2, NO2, or PM10, equal to or greater
than 1 µg/m3 (annual average); or (ii) for PM2.5, equal
to or greater than 0.3 µg/m3 (annual average).
b. Area redesignations under § 107(d)(3) §
107(d)(1)(A)(ii) or (iii) of the federal Clean Air Act cannot intersect or
be smaller than the area of impact of any major stationary source or major
modification that:
(1) Establishes a minor source baseline date; or
(2) Is subject to this article or 40 CFR 52.21 and would be constructed in the same state as the state proposing the redesignation.
c. Any baseline area established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that such baseline area shall not remain in effect if the board rescinds the corresponding minor source baseline date in accordance with subdivision d of the definition of "baseline date."
"Baseline concentration"
a. Means that ambient concentration level that exists in the baseline area at the time of the applicable minor source baseline date. A baseline concentration is determined for each pollutant for which a minor source baseline date is established and shall include:
(1) The actual emissions representative of sources in existence on the applicable minor source baseline date, except as provided in subdivision b of this definition; and
(2) The allowable emissions of major stationary sources that commenced construction before the major source baseline date, but were not in operation by the applicable minor source baseline date.
b. The following will not be included in the baseline concentration and will affect the applicable maximum allowable increase(s):
(1) Actual emissions from any major stationary source on which construction commenced after the major source baseline date; and
(2) Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.
"Baseline date"
a. "Major source baseline date" means:
(1) In the case of particulate matter PM10
and sulfur dioxide, January 6, 1975; and
(2) In the case of nitrogen dioxide, February 8, 1988; and
(3) In the case of PM2.5, October 20, 2010.
b. "Minor source baseline date" means the earliest date after the trigger date on which a major stationary source or a major modification subject to this article submits a complete application under this article. The trigger date is:
(1) In the case of particulate matter PM10
and sulfur dioxide, August 7, 1977; and
(2) In the case of nitrogen dioxide, February 8, 1988; and
(3) In the case of PM2.5, October 20, 2011.
c. The baseline date is established for each pollutant for which increments or other equivalent measures have been established if:
(1) The area in which the proposed source or modification
would construct is designated as attainment or unclassifiable under §
107(d)(1)(C) § 107(d)(1)(A)(ii) or (iii) of the federal Clean Air
Act for the pollutant on the date of its complete application under this
article or 40 CFR 52.21; and
(2) In the case of a major stationary source, the pollutant would be emitted in significant amounts, or, in the case of a major modification, there would be a significant net emissions increase of the pollutant.
d. Any minor source baseline date established originally for the TSP increments shall remain in effect and shall apply for purposes of determining the amount of available PM10 increments, except that the board may rescind any such minor source baseline date where it can be shown, to the satisfaction of the board, that the emissions increase from the major stationary source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM10 emissions.
"Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit that are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities other than preparatory activities that mark the initiation of the change.
"Best available control technology" means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant that would be emitted from any proposed major stationary source or major modification that the board, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant that would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. If the board determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means that achieve equivalent results.
"Building, structure, facility or installation" means all of the pollutant-emitting activities that belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., that have the same first two-digit code) as described in the Standard Industrial Classification Manual (see 9VAC5-20-21).
"Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post combustion stage, at a new or existing facility that will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam that was not in widespread use as of November 15, 1990.
"Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy-Clean Coal Technology," up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for EPA. The federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.
"Commence" as applied to construction of a major stationary source or major modification, means that the owner has all necessary preconstruction approvals or permits and either has:
a. Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or
b. Entered into binding agreements or contractual obligations, that cannot be canceled or modified without substantial loss to the owner, to undertake a program of actual construction of the source, to be completed within a reasonable time.
"Complete" means, in reference to an application for a permit, that the application contains all of the information necessary for processing the application and the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met. Designating an application complete for the purposes of permit processing does not preclude the board from requesting or accepting any additional information.
"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in emissions.
"Continuous emissions monitoring system" or "CEMS" means all of the equipment that may be required to meet the data acquisition and availability requirements of this article, to sample, condition (if applicable), analyze, and provide a record of emissions on a continuous basis.
"Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).
"Continuous parameter monitoring system" or "CPMS" means all of the equipment necessary to meet the data acquisition and availability requirements of this article, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and to record average operational parameter value(s) on a continuous basis.
"Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
"Emissions unit" means any part of a stationary source that emits or would have the potential to emit any regulated NSR pollutant and includes an electric utility steam generating unit. For purposes of this definition, there are two types of emissions units: (i) a new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated; and (ii) an existing emissions unit is any emissions unit that is not a new emissions unit.
"Enforceable as a practical matter" means that the permit contains emission limitations that are enforceable by the board or the department and meet the following criteria:
a. Are permanent;
b. Contain a legal obligation for the owner to adhere to the terms and conditions;
c. Do not allow a relaxation of a requirement of the implementation plan;
d. Are technically accurate and quantifiable;
e. Include averaging times or other provisions that allow at least monthly (or a shorter period if necessary to be consistent with the implementation plan) checks on compliance. This may include, but not be limited to, the following: compliance with annual limits on a rolling basis, monthly or shorter limits, and other provisions consistent with this article and other regulations of the board; and
f. Require a level of recordkeeping, reporting and monitoring sufficient to demonstrate compliance.
"Federal land manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands.
"Federally enforceable" means all limitations and conditions that are enforceable by the administrator and citizens under the federal Clean Air Act or that are enforceable under other statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to, the following:
a. Emission standards, alternative emission standards, alternative emission limitations, and equivalent emission limitations established pursuant to § 112 of the federal Clean Air Act as amended in 1990.
b. New source performance standards established pursuant to § 111 of the federal Clean Air Act, and emission standards established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.
c. All terms and conditions (unless expressly designated as not federally enforceable) in a federal operating permit, including any provisions that limit a source's potential to emit.
d. Limitations and conditions that are part of an implementation plan established pursuant to § 110, § 111(d) or § 129 of the federal Clean Air Act.
e. Limitations and conditions (unless expressly designated as not federally enforceable) that are part of a federal construction permit issued under 40 CFR 52.21 or a new source review permit issued under regulations approved by the EPA into the implementation plan.
f. Limitations and conditions (unless expressly designated as not federally enforceable) that are part of a state operating permit where the permit and the permit program pursuant to which it was issued meet all of the following criteria:
(1) The operating permit program has been approved by the EPA into the implementation plan under § 110 of the federal Clean Air Act;
(2) The operating permit program imposes a legal obligation that operating permit holders adhere to the terms and limitations of such permits and provides that permits that do not conform to the operating permit program requirements and the requirements of EPA's underlying regulations may be deemed not "federally enforceable" by EPA;
(3) The operating permit program requires that all emission limitations, controls, and other requirements imposed by such permits will be at least as stringent as any other applicable limitations and requirements contained in the implementation plan or enforceable under the implementation plan, and that the program may not issue permits that waive, or make less stringent, any limitations or requirements contained in or issued pursuant to the implementation plan, or that are otherwise "federally enforceable";
(4) The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical matter; and
(5) The permit in question was issued only after adequate and timely notice and opportunity for comment by the EPA and the public.
g. Limitations and conditions in a regulation of the board or program that has been approved by the EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.
h. Individual consent agreements that the EPA has legal authority to create.
"Federal operating permit" means a permit issued under the federal operating permit program.
"Federal operating permit program" means an operating permit system (i) for issuing terms and conditions for major stationary sources, (ii) established to implement the requirements of Title V of the federal Clean Air Act and associated regulations, and (iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of this part.
"Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
"High terrain" means any area having an elevation 900 feet or more above the base of the stack of a source.
"Indian governing body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.
"Indian reservation" means any federally recognized reservation established by treaty, agreement, executive order, or act of Congress.
"Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice, but would have substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice or of achieving at least comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts.
"Lowest achievable emission rate" or "LAER" is as defined in 9VAC5-80-2010 C.
"Locality particularly affected" means any locality that bears any identified disproportionate material air quality impact that would not be experienced by other localities.
"Low terrain" means any area other than high terrain.
"Major emissions unit" means (i) any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or (ii) any emissions unit that emits or has the potential to emit the PAL pollutant for nonattainment areas in an amount that is equal to or greater than the major source threshold for the PAL pollutant in subdivision a (1) of the definition of "major stationary source " in 9VAC5-80-2010 C.
"Major modification"
a. Means any physical change in or change in the method of operation of a major stationary source that would result in a significant emissions increase of a regulated NSR pollutant, and a significant net emissions increase of that pollutant from the major stationary source.
b. Any significant emissions increase from any emissions units or net emissions increase at a major stationary source that is significant for volatile organic compounds or NOX shall be considered significant for ozone.
c. A physical change or change in the method of operation shall not include the following:
(1) Routine maintenance, repair and replacement.
(2) Use of an alternative fuel or raw material by reason of an order under § 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plant pursuant to the federal Power Act.
(3) Use of an alternative fuel by reason of any order or rule under § 125 of the federal Clean Air Act.
(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.
(5) Use of an alternative fuel or raw material by a stationary source that:
(a) The source was capable of accommodating before January 6, 1975, unless such change would be prohibited under any federally and state enforceable permit condition that was established after January 6, 1975, pursuant to 40 CFR 52.21 or this chapter; or
(b) The source is approved to use under any permit issued under 40 CFR 52.21 or this chapter.
(6) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally and state enforceable permit condition that was established after January 6, 1975, pursuant to 40 CFR 52.21 or this chapter.
(7) Any change in ownership at a stationary source.
(8) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:
(a) The applicable implementation plan; and
(b) Other requirements necessary to attain and maintain the ambient air quality standards during the project and after it is terminated.
(9) The installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, provided that the project does not result in an increase in the potential to emit of any regulated pollutant emitted by the unit. This exemption shall apply on a pollutant-by-pollutant basis.
(10) The reactivation of a very clean coal-fired electric utility steam generating unit.
d. This definition shall not apply with respect to a particular regulated NSR pollutant when the major stationary source is complying with the requirements under 9VAC5-80-1865 for a PAL for that pollutant. Instead, the definition of "PAL major modification" shall apply.
"Major new source review (NSR) permit" means a permit issued under the major new source review program.
"Major new source review (major NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of §§ 112, 165 and 173 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.
"Major stationary source"
a. Means:
(1) Any of the following stationary sources of air pollutants that emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant:
(a) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.
(b) Coal cleaning plants (with thermal dryers).
(c) Kraft pulp mills.
(d) Portland cement plants.
(e) Primary zinc smelters.
(f) Iron and steel mill plants.
(g) Primary aluminum ore reduction plants.
(h) Primary copper smelters.
(i) Municipal incinerators capable of charging more than 250 tons of refuse per day.
(j) Hydrofluoric acid plants.
(k) Sulfuric acid plants.
(l) Nitric acid plants.
(m) Petroleum refineries.
(n) Lime plants.
(o) Phosphate rock processing plants.
(p) Coke oven batteries.
(q) Sulfur recovery plants.
(r) Carbon black plants (furnace process).
(s) Primary lead smelters.
(t) Fuel conversion plants.
(u) Sintering plants.
(v) Secondary metal production plants.
(w) Chemical process plants (which does not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140).
(x) Fossil fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input.
(y) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
(z) Taconite ore processing plants.
(aa) Glass fiber processing plants.
(bb) Charcoal production plants.
(2) Notwithstanding the stationary source size specified in subdivision a (1) of this definition, any stationary source that emits, or has the potential to emit, 250 tons per year or more of a regulated NSR pollutant; or
(3) Any physical change that would occur at a stationary source not otherwise qualifying under subdivision a (1) or a (2) of this definition as a major stationary source, if the change would constitute a major stationary source by itself.
b. A major stationary source that is major for volatile organic compounds or NOX shall be considered major for ozone.
c. The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this article whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:
(1) Coal cleaning plants (with thermal dryers).
(2) Kraft pulp mills.
(3) Portland cement plants.
(4) Primary zinc smelters.
(5) Iron and steel mills.
(6) Primary aluminum ore reduction plants.
(7) Primary copper smelters.
(8) Municipal incinerators capable of charging more than 250 tons of refuse per day.
(9) Hydrofluoric, sulfuric, or nitric acid plants.
(10) Petroleum refineries.
(11) Lime plants.
(12) Phosphate rock processing plants.
(13) Coke oven batteries.
(14) Sulfur recovery plants.
(15) Carbon black plants (furnace process).
(16) Primary lead smelters.
(17) Fuel conversion plants.
(18) Sintering plants.
(19) Secondary metal production plants.
(20) Chemical process plants (which shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140).
(21) Fossil-fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input.
(22) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
(23) Taconite ore processing plants.
(24) Glass fiber processing plants.
(25) Charcoal production plants.
(26) Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.
(27) Any other stationary source category that, as of August 7, 1980, is being regulated under 40 CFR Parts 60 and 61.
"Minor new source review (NSR) permit" means a permit issued under the minor new source review program.
"Minor new source review (minor NSR) program" means a preconstruction review and permit program (i) for new stationary sources or modifications (physical changes or changes in the method of operation) that are not subject to review under the major new source review program, (ii) established to implement the requirements of §§ 110(a)(2)(C) and 112 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 6 (9VAC5-80-1100 et seq.) of this part.
"Necessary preconstruction approvals or permits" means those permits required under NSR programs that are part of the applicable implementation plan.
"Net emissions increase"
a. Means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:
(1) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to 9VAC5-80-1605 G; and
(2) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this subdivision shall be determined as provided in the definition of "baseline actual emissions," except that subdivisions a (3) and b (4) of that definition shall not apply.
b. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:
(1) The date five years before construction on the particular change commences; and
(2) The date that the increase from the particular change occurs.
c. An increase or decrease in actual emissions is creditable only if (i) it occurs between the date five years before construction on the particular change commences and the date that the increase from the particular change occurs; and (ii) the board has not relied on it in issuing a permit for the source under this article (or the administrator under 40 CFR 52.21), which permit is in effect when the increase in actual emissions from the particular change occurs.
d. An increase or decrease in actual emissions of sulfur dioxide, particulate matter, or nitrogen oxides that occurs before the applicable minor source baseline date is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.
e. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
f. A decrease in actual emissions is creditable only to the extent that:
(1) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
(2) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins;
(3) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
g. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.
h. Subdivision a of the definition of "actual emissions" shall not apply for determining creditable increases and decreases.
"New source review (NSR) permit" means a permit issued under the new source review program.
"New source review (NSR) program" means a preconstruction review and permit program (i) for new stationary sources or modifications (physical changes or changes in the method of operation); (ii) established to implement the requirements of §§ 110(a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165 (relating to permits in prevention of significant deterioration areas), and 173 (relating to permits in nonattainment areas) of the federal Clean Air Act and associated regulations; and (iii) codified in Article 6 (9VAC5-80-1100 et seq.), Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.
"Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established sourcewide in accordance with 9VAC5-80-1865.
"PAL effective date" generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
"PAL effective period" means the period beginning with the PAL effective date and ending five years later.
"PAL major modification" means, notwithstanding the definitions for major modification and net emissions increase, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.
"PAL permit" means the state operating permit issued by the board that establishes a PAL for a major stationary source.
"PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.
"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is federally and state enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. For the purposes of actuals PALs, any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable or enforceable as a practical matter by the state.
"Predictive emissions monitoring system" or "PEMS" means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, pounds per hour) on a continuous basis.
"Project" means a physical change in, or change in the method of operation of, an existing major stationary source.
"Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major stationary source. In determining the projected actual emissions (before beginning actual construction), the owner of the major stationary source:
a. Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved implementation plan;
b. Shall include fugitive emissions to the extent quantifiable and emissions associated with startups, shutdowns, and malfunctions; and
c. Shall exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have emitted during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth, provided such exclusion shall not reduce any calculated increases in emissions that are caused by, result from, or are related to the particular project; or
d. In lieu of using the method set out in subdivisions a through c of this definition, may elect to use the emissions unit's potential to emit, in tons per year.
"Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method of operation associated with the commencement of commercial operations by a coal-fired utility unit after a period of discontinued operation where the unit:
a. Has not been in operation for the two-year period prior to the enactment of the federal Clean Air Act Amendments of 1990, and the emissions from such unit continue to be carried in the department's emissions inventory at the time of enactment;
b. Was equipped prior to shut-down with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%;
c. Is equipped with low-NOX burners prior to the time of commencement of operations following reactivation; and
d. Is otherwise in compliance with the requirements of the federal Clean Air Act.
"Reasonably available control technology" or "RACT" means the lowest emission limit that a particular source is capable of meeting by the application of control technology that is reasonably available, considering technological and economic feasibility.
"Regulated NSR pollutant" means:
a. Any pollutant for which an ambient air quality standard has
been promulgated and any constituents or precursors for such pollutants
identified by the administrator (e.g., volatile organic compounds and NOX
are precursors for ozone) ; pollutant identified under this subdivision
as a constituent or precursor to such pollutant. Precursors identified for the
purposes of this article shall be the following:
(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all attainment and unclassifiable areas.
(2) Sulfur dioxide is a precursor to PM2.5 in all attainment and unclassifiable areas.
(3) Nitrogen oxides are presumed to be precursors to PM2.5 in all attainment and unclassifiable areas, unless the board determines that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations.
(4) Volatile organic compounds are presumed not to be precursors to PM2.5 in any attainment or unclassifiable area, unless the board determines that emissions of volatile organic compounds from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.
b. Any pollutant that is subject to any standard promulgated
under § 111 of the federal Clean Air Act;.
c. Any class I or II substance subject to a standard
promulgated under or established by Title VI of the federal Clean Air Act;
or.
d. Particulate matter emissions, PM2.5 emissions, and PM10 emissions shall include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for particulate matter, PM2.5 and PM10 in permits issued under this article. Compliance with emissions limitations for particulate matter, PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this article.
e. Any pollutant that otherwise is subject to regulation under the federal Clean Air Act; except that any or all hazardous air pollutants either listed in § 112 of the federal Clean Air Act or added to the list pursuant to § 112(b)(2), which have not been delisted pursuant to § 112(b)(3), are not regulated NSR pollutants unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under § 108 of the federal Clean Air Act.
"Repowering" means:
a. Replacement of an existing coal-fired boiler with one of the following clean coal technologies: atmospheric or pressurized fluidized bed combustion, integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coal-fired turbines, integrated gasification fuel cells, or as determined by the administrator, in consultation with the Secretary of Energy, a derivative of one or more of these technologies, and any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.
b. Repowering shall also include any oil and/or gas-fired unit which has been awarded clean coal technology demonstration funding as of January 1, 1991, by the Department of Energy.
c. The board may give expedited consideration to permit applications for any source that satisfies the requirements of this definition and is granted an extension under § 409 of the federal Clean Air Act.
"Secondary emissions" means emissions that would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this article, secondary emissions shall be specific, well defined, quantifiable, and affect the same general area as the stationary source or modification that causes the secondary emissions. Secondary emissions include emissions from any offsite support facility that would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions that come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.
"Significant" means:
a. In reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
|
Pollutant |
Emissions Rate |
|
Carbon Monoxide |
100 tons per year (tpy) |
|
Nitrogen Oxides |
40 tpy |
|
Sulfur Dioxide |
40 tpy |
|
Particulate Matter (TSP) |
25 tpy |
|
PM10 |
15 tpy |
|
PM2.5 |
10 tpy of direct PM2.5 emissions; 40 tpy of SO2 emissions; 40 tpy of NOX emissions unless demonstrated not to be a PM2.5 precursor under the definition of "regulated NSR pollutant" |
|
Ozone |
40 tpy of volatile organic compounds or NOX |
|
Lead |
0.6 tpy |
|
Fluorides |
3 tpy |
|
Sulfuric Acid Mist |
7 tpy |
|
Hydrogen Sulfide (H2S) |
10 tpy |
|
Total Reduced Sulfur (including H2S) |
10 tpy |
|
Reduced Sulfur Compounds (including H2S) |
10 tpy |
|
Municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) |
3.5 x 10-6 tpy |
|
Municipal waste combustor metals (measured as particulate matter) |
15 tpy |
|
Municipal waste combustor acid gases (measured as the sum of SO2 and HCl) |
40 tpy |
|
Municipal solid waste landfills emissions (measured as nonmethane organic compounds) |
50 tpy |
b. In reference to a net emissions increase or the potential of a source to emit a regulated NSR pollutant that subdivision a of this definition does not list, any emissions rate.
c. Notwithstanding subdivision a of this definition, any emissions rate or any net emissions increase associated with a major stationary source or major modification that would construct within 10 kilometers of a class I area, and have an impact on such area equal to or greater than 1 μg/m3 (24-hour average).
"Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.
"Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is significant for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit.
"Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant.
"State enforceable" means all limitations and conditions that are enforceable as a practical matter, including any regulation of the board, those requirements developed pursuant to 9VAC5-170-160, requirements within any applicable order or variance, and any permit requirements established pursuant to this chapter.
"State operating permit" means a permit issued under the state operating permit program.
"State operating permit program" means an operating permit program (i) for issuing limitations and conditions for stationary sources; (ii) promulgated to meet the EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for the EPA and public comment prior to issuance of the final permit, and practicable enforceability; and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this part.
"Stationary source" means any building, structure, facility, or installation that emits or may emit a regulated NSR pollutant.
"Temporary clean coal technology demonstration project" means a clean coal technology demonstration project that is operated for a period of five years or less, and that complies with the applicable implementation plan and other requirements necessary to attain and maintain the ambient air quality standards during the project and after it is terminated.
9VAC5-80-1635. Ambient air increments.
In areas designated as class I, II or III, increases in pollutant concentration over the baseline concentration shall be limited to the following:
|
MAXIMUM ALLOWABLE INCREASE |
|
|
Class I Area |
|
|
|
|
|
|
|
|
|
|
|
PM2.5: |
|
|
Annual arithmetic mean |
1 |
|
24 hour maximum |
2 |
|
PM10: |
|
|
Annual arithmetic mean |
4 |
|
24 hour maximum |
8 |
|
Sulfur dioxide: |
|
|
Annual arithmetic mean |
2 |
|
24-hour maximum |
5 |
|
Three-hour maximum |
25 |
|
Nitrogen dioxide: |
|
|
Annual arithmetic mean |
2.5 |
|
Class II Area |
|
|
|
|
|
|
|
|
|
|
|
PM2.5: |
|
|
Annual arithmetic mean |
4 |
|
24 hour maximum |
9 |
|
PM10: |
|
|
Annual arithmetic mean |
17 |
|
24 hour maximum |
30 |
|
Sulfur dioxide: |
|
|
Annual arithmetic mean |
20 |
|
24-hour maximum |
91 |
|
Three-hour maximum |
512 |
|
Nitrogen dioxide: |
|
|
Annual arithmetic mean |
25 |
|
Class III Area |
|
|
|
|
|
|
|
|
|
|
|
PM2.5: |
|
|
Annual arithmetic mean |
8 |
|
24 hour maximum |
18 |
|
PM10: |
|
|
Annual arithmetic mean |
34 |
|
24 hour maximum |
60 |
|
Sulfur dioxide: |
|
|
Annual arithmetic mean |
40 |
|
24-hour maximum |
182 |
|
Three-hour maximum |
700 |
|
Nitrogen dioxide: |
|
|
Annual arithmetic mean |
50 |
For any period other than an annual period, the applicable maximum allowable increase may be exceeded during one such period per year at any one location.
9VAC5-80-1695. Exemptions.
A. The requirements of this article shall not apply to a particular major stationary source or major modification; if:
1. The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:
a. Coal cleaning plants (with thermal dryers).
b. Kraft pulp mills.
c. Portland cement plants.
d. Primary zinc smelters.
e. Iron and steel mills.
f. Primary aluminum ore reduction plants.
g. Primary copper smelters.
h. Municipal incinerators capable of charging more than 250 tons of refuse per day.
i. Hydrofluoric acid plants.
j. Sulfuric acid plants.
k. Nitric acid plants.
l. Petroleum refineries.
m. Lime plants.
n. Phosphate rock processing plants.
o. Coke oven batteries.
p. Sulfur recovery plants.
q. Carbon black plants (furnace process).
r. Primary lead smelters.
s. Fuel conversion plants.
t. Sintering plants.
u. Secondary metal production plants.
v. Chemical process plants (which shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140).
w. Fossil-fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input.
x. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
y. Taconite ore processing plants.
z. Glass fiber processing plants.
aa. Charcoal production plants.
bb. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.
cc. Any other stationary source category which, as of August 7, 1980, is being regulated under 40 CFR Part 60 or 61; or
2. The source or modification is a portable stationary source that has previously received a permit under this article, and
a. The owner proposes to relocate the source and emissions of the source at the new location would be temporary;
b. The emissions from the source would not exceed its allowable emissions;
c. The emissions from the source would affect no class I area and no area where an applicable increment is known to be violated; and
d. Reasonable notice is given to the board prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the board not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the board.
B. The requirements of this article shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment in 9VAC5-20-204.
C. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and 9VAC5-80-1755 shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification:
1. Would affect no class I area and no area where an applicable increment is known to be violated; and
2. Would be temporary.
D. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and 9VAC5-80-1755 as they relate to any maximum allowable increase for a class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of best available control technology would be less than 50 tons per year.
E. The board may exempt a proposed major stationary source or major modification from the requirements of 9VAC5-80-1735 with respect to monitoring for a particular pollutant if:
1. The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts:
Carbon monoxide -- 575 μg/m3, 8-hour average
Nitrogen dioxide -- 14 μg/m3, annual average
Particulate matter -- 10 μg/m3 of PM10,
24-hour average
PM2.5 - 4 µg/m3, 24-hour average
PM10 - 10 µg/m3, 24-hour average
Sulfur dioxide -- 13 μg/m3, 24-hour average
Ozone*
Lead -- 0.1 μg/m3, 3-month average
Fluorides -- 0.25 μg/m3, 24-hour average
Total reduced sulfur -- 10 μg/m3, 1-hour average
Hydrogen sulfide -- 0.2 μg/m3, 1-hour average
Reduced sulfur compounds -- 10 μg/m3, 1-hour average; or
*No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or NOX subject to this article would be required to perform an ambient impact analysis including the gathering of ambient air quality data.
2. The concentrations of the pollutant in the area that the source or modification would affect are less than the concentrations listed in subdivision 1 of this subsection, or the pollutant is not listed in subdivision 1 of this subsection.
F. The requirements of this article shall not apply to a particular major stationary source with respect to the use of an alternative fuel or raw material if the following conditions are met:
1. The owner demonstrates to the board that, as a result of trial burns at the owner's facility or other facilities or other sufficient data, the emissions resulting from the use of the alternative fuel or raw material supply are decreased. No demonstration will be required for the use of processed animal fat, processed fish oil, processed vegetable oil, distillate oil, or any mixture thereof in place of the same quantity of residual oil to fire industrial boilers.
2. The use of an alternative fuel or raw material would not be subject to review under this article as a major modification.
9VAC5-80-1715. Source impact analysis.
A. The following demonstration is required for any new major stationary source or major modification:
1. The owner of the proposed source or modification shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:
1. a. Any ambient air quality standard in any
air quality control region; or
2. b. Any applicable maximum allowable increase
over the baseline concentration in any area.
B. 2. For purposes of PM2.5, the
demonstration required in subdivision 1 of this subsection is deemed to have
been made if the emissions increase from the new stationary source alone or
from the modification alone would cause, in all areas, air quality impacts less
than the following amounts:
|
Averaging time |
Class I area |
Class II area |
Class III area |
|
Annual |
0.06 µg/m3 |
0.3 µg/m3 |
0.3 µg/m3 |
|
24-hour |
0.07 µg/m3 |
1.2 µg/m3 |
1.2 µg/m3 |
B. The following applies to any new major stationary source or major modification if it would cause or contribute to a violation of any ambient air quality standard.
1. A new major stationary source or major modification will be considered to cause or contribute to a violation of an ambient air quality standard when such source or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the applicable air quality standard:
|
Pollutant |
Annual |
Averaging time (hours) |
|||
|
24 |
8 |
3 |
1 |
||
|
SO2 |
1.0 μg/m3 |
5.0 μg/m3 |
|
25.0 μg/m3 |
|
|
PM10 |
1.0 μg/m3 |
5.0 μg/m3 |
|
|
|
|
PM2.5 |
0.3 mg/m3 |
1.2
mg/m3 |
|
|
|
|
NO2 |
1.0
μg/m3 |
|
|
|
|
|
CO |
|
|
500 μg/m3 |
|
2000 μg/m3 |
2. A proposed new major stationary source or major modification may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the new major stationary source or major modification would otherwise cause or contribute to a violation of any ambient air quality standard. In the absence of such emission reductions, the board will deny the proposed construction.
3. The requirements of this subsection do not apply to a major stationary source or major modification with respect to a particular pollutant if the owner demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment in 9VAC5-20-204.
9VAC5-80-1765. Sources affecting federal class I areas -- additional requirements.
A. The board shall transmit to the administrator a copy of each permit application relating to a major stationary source or major modification and provide notice to the administrator of the following actions related to the consideration of such permit:
1. Notification of the permit application status as provided in 9VAC5-80-1773 A.
2. Notification of the public comment period on the application as provided in 9VAC5-80-1775 F 2.
3. Notification of the final determination on the application and issuance of the permit as provided in 9VAC5-80-1773 D.
4. Notification of any other action deemed appropriate by the board.
B. The board shall provide written notice of any permit application for a proposed major stationary source or major modification, the emissions from which may affect a class I area, to the federal land manager and the federal official charged with direct responsibility for management of any lands within any such area. Such notification shall include a copy of all information relevant to the permit application and shall be given within 30 days of receipt and at least 60 days prior to any public hearing on the application for a permit to construct. Such notification shall include an analysis of the proposed source's anticipated impacts on visibility in the federal class I area. The board shall also provide the federal land manager and such federal officials with a copy of the preliminary determination required under 9VAC5-80-1773 B, and shall make available to them any materials used in making that determination, promptly after the board makes such determination. Finally, the board shall also notify all affected federal land managers within 30 days of receipt of any advance notification of any such permit application.
C. The federal land manager and the federal official charged with direct responsibility for management of such lands have an affirmative responsibility to protect the air quality related values (including visibility) of such lands and to consider, in consultation with the board, whether a proposed source or modification will have an adverse impact on such values.
D. The board shall consider any analysis performed by the federal land manager, provided within 30 days of the notification required by subsection B of this section, that shows that a proposed new major stationary source or major modification may have an adverse impact on visibility in any federal class I area. Where the board finds that such an analysis does not demonstrate to the satisfaction of the board that an adverse impact on visibility will result in the federal class I area, the board shall, in the notice of public hearing on the permit application, either explain this decision or give notice as to where the explanation can be obtained.
E. The federal land manager of any such lands may demonstrate to the board that the emissions from a proposed source or modification would have an adverse impact on the air quality-related values (including visibility) of those lands, notwithstanding that the change in air quality resulting from emissions from such source or modification would not cause or contribute to concentrations that would exceed the maximum allowable increases for a class I area. If the board concurs with such demonstration, then it shall not issue the permit.
F. The owner of a proposed source or modification may demonstrate to the federal land manager that the emissions from such source or modification would have no adverse impact on the air quality related values of any such lands (including visibility), notwithstanding that the change in air quality resulting from emissions from such source or modification would cause or contribute to concentrations that would exceed the maximum allowable increases for a class I area. If the federal land manager concurs with such demonstration and so certifies, the board may, provided that the applicable requirements of this article are otherwise met, issue the permit with such emission limitations as may be necessary to assure that emissions of sulfur dioxide, particulate matter, and nitrogen oxides would not exceed the following maximum allowable increases over minor source baseline concentration for such pollutants:
|
MAXIMUM ALLOWABLE INCREASE |
||
|
|
||
|
|
|
|
|
|
|
|
|
PM2.5: |
||
|
|
Annual arithmetic mean |
4 |
|
|
24 hour maximum |
9 |
|
PM10: |
||
|
|
Annual arithmetic mean |
17 |
|
|
24 hour maximum |
30 |
|
Sulfur dioxide: |
||
|
|
Annual arithmetic mean |
20 |
|
|
24-hour maximum |
91 |
|
|
Three-hour maximum |
325 |
|
Nitrogen dioxide: |
||
|
|
Annual arithmetic mean |
25 |
G. The owner of a proposed source or modification that cannot be approved under subsection F of this section may demonstrate to the governor that the source or modification cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for a period of 24 hours or less applicable to any class I area and, in the case of federal mandatory class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility). The governor, after consideration of the federal land manager's recommendation (if any) and subject to the federal land manager's concurrence, may, after notice and public hearing, grant a variance from such maximum allowable increase. If such variance is granted, the board shall issue a permit to such source or modification pursuant to the requirements of subsection I of this section, provided that the applicable requirements of this article are otherwise met.
H. In any case whether the governor recommends a variance in which the federal land manager does not concur, the recommendations of the governor and the federal land manager shall be transmitted to the president. The president may approve the governor's recommendation if he finds that the variance is in the national interest. If the variance is approved, the board shall issue a permit pursuant to the requirements of subsection I of this section, provided that the applicable requirements of this article are otherwise met.
I. In the case of a permit issued pursuant to subsection G or H of this section the source or modification shall comply with such emission limitations as may be necessary to assure that emissions of sulfur dioxide from the source or modification would not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations that would exceed the following maximum allowable increases over the baseline concentration and to assure that such emissions would not cause or contribute to concentrations which exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period:
|
MAXIMUM ALLOWABLE INCREASE |
||
|
Period of exposure |
Low terrain areas |
High terrain areas |
|
24-hour maximum |
36 |
62 |
|
3-hour maximum |
130 |
221 |
9VAC5-80-2010. Definitions.
A. As used in this article, all words or terms not defined here shall have the meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by context.
B. For the purpose of this article, 9VAC5-50-270 and any related use, the words or terms shall have the meanings given them in subsection C of this section.
C. Terms defined.
"Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in accordance with subdivisions a through c of this definition, except that this definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL under 9VAC5-80-2144. Instead, the definitions of "projected actual emissions" and "baseline actual emissions" shall apply for those purposes.
a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period which precedes the particular date and which is representative of normal source operation. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
b. The board may presume that the source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.
c. For any emissions unit that has not begun normal operations on the particular date, actual emissions shall equal the potential to emit of the unit on that date.
"Actuals PAL for a major stationary source" means a PAL based on the baseline actual emissions of all emissions units at the source, that emit or have the potential to emit the PAL pollutant.
"Administrator" means the administrator of the U.S. Environmental Protection Agency (EPA) or an authorized representative.
"Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally and state enforceable limits which restrict the operating rate, or hours of operation, or both) and the most stringent of the following:
a. The applicable standards set forth in 40 CFR Parts 60, 61 and 63;
b. Any applicable implementation plan emissions limitation including those with a future compliance date; or
c. The emissions limit specified as a federally and state enforceable permit condition, including those with a future compliance date.
For the purposes of actuals PALs, "allowable emissions" shall also be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.
"Applicable federal requirement" means all of, but not limited to, the following as they apply to emissions units in a source subject to this article (including requirements that have been promulgated or approved by the administrator through rulemaking at the time of permit issuance but have future-effective compliance dates):
a. Any standard or other requirement provided for in an implementation plan established pursuant to § 110 or § 111(d) of the federal Clean Air Act, including any source-specific provisions such as consent agreements or orders.
b. Any limit or condition in any construction permit issued under the new source review program or in any operating permit issued pursuant to the state operating permit program.
c. Any emission standard, alternative emission standard, alternative emission limitation, equivalent emission limitation or other requirement established pursuant to § 112 or § 129 of the federal Clean Air Act as amended in 1990.
d. Any new source performance standard or other requirement established pursuant to § 111 of the federal Clean Air Act, and any emission standard or other requirement established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.
e. Any limitations and conditions or other requirement in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.
f. Any requirement concerning accident prevention under § 112(r)(7) of the federal Clean Air Act.
g. Any compliance monitoring requirements established pursuant to either § 504(b) or § 114(a)(3) of the federal Clean Air Act.
h. Any standard or other requirement for consumer and commercial products under § 183(e) of the federal Clean Air Act.
i. Any standard or other requirement for tank vessels under § 183(f) of the federal Clean Air Act.
j. Any standard or other requirement in 40 CFR Part 55 to control air pollution from outer continental shelf sources.
k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the federal Clean Air Act, unless the administrator has determined that such requirements need not be contained in a permit issued under this article.
l. With regard to temporary sources subject to 9VAC5-80-130, (i) any ambient air quality standard, except applicable state requirements, and (ii) requirements regarding increments or visibility as provided in Article 8 (9VAC5-80-1605 et seq.) of this part.
"Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with the following:
a. For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner within the five-year period immediately preceding when the owner begins actual construction of the project. The board may allow the use of a different time period upon a determination that it is more representative of normal source operation.
(1) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.
(3) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. The same consecutive 24-month period shall be used for each different regulated NSR pollutant unless the owner can demonstrate to the satisfaction of the board that a different consecutive 24-month period for a different pollutant or pollutants is more appropriate due to extenuating circumstances.
(4) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subdivision a (2) of this definition.
b. For an existing emissions unit other than an electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the emissions unit actually emitted the pollutant during any consecutive 24-month period selected by the owner within the five-year period immediately preceding either the date the owner begins actual construction of the project, or the date a complete permit application is received by the board for a permit required either under this section or under a plan approved by the administrator, whichever is earlier, except that the five-year period shall not include any period earlier than November 15, 1990. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation.
(1) The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.
(2) The average rate shall be adjusted downward to exclude any noncompliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.
(3) The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the source shall currently comply, had such source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the administrator proposed or promulgated under 40 CFR Part 63, the baseline actual emissions need only be adjusted if the state has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 9VAC5-80-2120 K.
(4) For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period shall be used to determine the baseline actual emissions for the emissions units being changed. The same consecutive 24-month period shall be used for each different regulated NSR pollutant unless the owner can demonstrate to the satisfaction of the board that a different consecutive 24-month period for a different pollutant or pollutants is more appropriate due to extenuating circumstances.
(5) The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subdivisions b (2) and b (3) of this definition.
c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.
d. For a PAL for a major stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures contained in subdivision a of this definition, for other existing emissions units in accordance with the procedures contained in subdivision b of this definition, and for a new emissions unit in accordance with the procedures contained in subdivision c of this definition.
"Begin actual construction" means, in general, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. Such activities include, but are not limited to, installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures. With respect to a change in method of operation, this term refers to those on-site activities other than preparatory activities which mark the initiation of the change.
"Best available control technology" means an emissions limitation (including a visible emissions standard) based on the maximum degree of reduction for each regulated NSR pollutant that would be emitted from any proposed major stationary source or major modification that the board, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for such source or modification through application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel combustion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant that would exceed the emissions allowed by any applicable standard under 40 CFR Parts 60, 61, and 63. If the board determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof, may be prescribed instead to satisfy the requirement for the application of best available control technology. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means that achieve equivalent results.
"Building, structure, facility, or installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the same two-digit code) as described in the "Standard Industrial Classification Manual," as amended by the supplement (see 9VAC5-20-21).
"Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post-combustion stage, at a new or existing facility that will achieve significant reductions in air emissions of sulfur dioxide or nitrogen oxides associated with the utilization of coal in the generation of electricity, or process steam that was not in widespread use as of November 15, 1990.
"Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy-Clean Coal Technology," up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology, or similar projects funded through appropriations for the U.S. EPA. The federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.
"Commence," as applied to construction of a major stationary source or major modification, means that the owner has all necessary preconstruction approvals or permits and either has:
a. Begun, or caused to begin, a continuous program of actual on-site construction of the source, to be completed within a reasonable time; or
b. Entered into binding agreements or contractual obligations, which cannot be canceled or modified without substantial loss to the owner, to undertake a program of actual construction of the source, to be completed within a reasonable time.
"Complete application" means that the application contains all the information necessary for processing the application and the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met. Designating an application complete for purposes of permit processing does not preclude the board from requesting or accepting additional information.
"Construction" means any physical change or change in the method of operation (including fabrication, erection, installation, demolition, or modification of an emissions unit) that would result in a change in actual emissions.
"Continuous emissions monitoring system (CEMS)"
means all of the equipment that may be required to meet the data acquisition
and availability requirements of this section article, to sample,
condition (if applicable), analyze, and provide a record of emissions on a
continuous basis.
"Continuous emissions rate monitoring system (CERMS)" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).
"Continuous parameter monitoring system (CPMS)"
means all of the equipment necessary to meet the data acquisition and
availability requirements of this section article, to monitor
process and control device operational parameters (for example, control device
secondary voltages and electric currents) and other information (for example,
gas flow rate, O2 or CO2 concentrations), and to record
average operational parameter values on a continuous basis.
"Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 megawatt electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.
"Emissions cap" means any limitation on the rate of emissions of any air pollutant from one or more emissions units established and identified as an emissions cap in any permit issued pursuant to the new source review program or operating permit program.
"Emissions unit" means any part of a stationary source which emits or would have the potential to emit any regulated NSR pollutant and includes an electric steam generating unit. For purposes of this article, there are two types of emissions units: (i) a new emissions unit is any emissions unit that is (or will be) newly constructed and that has existed for less than two years from the date such emissions unit first operated; and (ii) an existing emissions unit is any emissions unit that is not a new emissions unit.
"Enforceable as a practical matter" means that the permit contains emission limitations that are enforceable by the board or the department and meet the following criteria:
a. Are permanent;
b. Contain a legal obligation for the owner to adhere to the terms and conditions;
c. Do not allow a relaxation of a requirement of the implementation plan;
d. Are technically accurate and quantifiable;
e. Include averaging times or other provisions that allow at least monthly (or a shorter period if necessary to be consistent with the implementation plan) checks on compliance. This may include, but not be limited to, the following: compliance with annual limits in a rolling basis, monthly or shorter limits, and other provisions consistent with this article and other regulations of the board; and
f. Require a level of recordkeeping, reporting and monitoring sufficient to demonstrate compliance.
"Federal land manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands.
"Federally enforceable" means all limitations and conditions which are enforceable by the administrator and citizens under the federal Clean Air Act or that are enforceable under other statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to the following:
a. Emission standards, alternative emission standards, alternative emission limitations, and equivalent emission limitations established pursuant to § 112 of the federal Clean Air Act as amended in 1990.
b. New source performance standards established pursuant to § 111 of the federal Clean Air Act, and emission standards established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.
c. All terms and conditions (unless expressly designated as not federally enforceable) in a federal operating permit, including any provisions that limit a source's potential to emit.
d. Limitations and conditions that are part of an implementation plan established pursuant to § 110, § 111(d), or § 129 of the federal Clean Air Act.
e. Limitations and conditions (unless expressly designated as not federally enforceable) that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA into the implementation plan.
f. Limitations and conditions (unless expressly designated as not federally enforceable) that are part of a state operating permit where the permit and the permit program pursuant to which it was issued meet all of the following criteria:
(1) The operating permit program has been approved by the EPA into the implementation plan under § 110 of the federal Clean Air Act.
(2) The operating permit program imposes a legal obligation that operating permit holders adhere to the terms and limitations of such permits and provides that permits that do not conform to the operating permit program requirements and the requirements of EPA's underlying regulations may be deemed not "federally enforceable" by EPA.
(3) The operating permit program requires that all emission limitations, controls, and other requirements imposed by such permits will be at least as stringent as any other applicable limitations and requirements contained in the implementation plan or enforceable under the implementation plan, and that the program may not issue permits that waive, or make less stringent, any limitations or requirements contained in or issued pursuant to the implementation plan, or that are otherwise "federally enforceable."
(4) The limitations, controls, and requirements in the permit in question are permanent, quantifiable, and otherwise enforceable as a practical matter.
(5) The permit in question was issued only after adequate and timely notice and opportunity for comment by the EPA and the public.
g. Limitations and conditions in a regulation of the board or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.
h. Individual consent agreements that EPA has legal authority to create.
"Federal operating permit" means a permit issued under the federal operating permit program.
"Federal operating permit program" means an operating permit system (i) for issuing terms and conditions for major stationary sources, (ii) established to implement the requirements of Title V of the federal Clean Air Act and associated regulations, and (iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of this part.
"Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
"Lowest achievable emissions rate (LAER)" means for any source, the more stringent rate of emissions based on the following:
a. The most stringent emissions limitation which is contained in the implementation plan of any state for such class or category of stationary source, unless the owner of the proposed stationary source demonstrates that such limitations are not achievable; or
b. The most stringent emissions limitation which is achieved in practice by such class or category of stationary sources. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. In no event shall the application of this term permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under an applicable new source standard of performance.
"Major emissions unit" means (i) any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or (ii) any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant for nonattainment areas in subdivision a (1) of the definition of "major stationary source."
"Major modification"
a. Means any physical change in or change in the method of operation of a major stationary source that would result in (i) a significant emissions increase of a regulated NSR pollutant; and (ii) a significant net emissions increase of that pollutant from the source.
b. Any significant emissions increase from any emissions units or net emissions increase at a source that is considered significant for volatile organic compounds shall be considered significant for ozone.
c. A physical change or change in the method of operation shall not include the following:
(1) Routine maintenance, repair and replacement.
(2) Use of an alternative fuel or raw material by reason of an order under § 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan pursuant to the Federal Power Act.
(3) Use of an alternative fuel by reason of an order or rule § 125 of the federal Clean Air Act.
(4) Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.
(5) Use of an alternative fuel or raw material by a stationary source that:
(a) The source was capable of accommodating before December 21, 1976, unless such change would be prohibited under any federally and state enforceable permit condition which was established after December 21, 1976, pursuant to 40 CFR 52.21 or this chapter; or
(b) The source is approved to use under any permit issued under 40 CFR 52.21 or this chapter.
(6) An increase in the hours of operation or in the production rate, unless such change is prohibited under any federally and state enforceable permit condition which was established after December 21, 1976, pursuant to 40 CFR 52.21 or this chapter.
(7) Any change in ownership at a stationary source.
(8) The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, provided that the project complies with:
(a) The applicable implementation plan; and
(b) Other requirements necessary to attain and maintain the national ambient air quality standard during the project and after it is terminated.
d. This definition shall not apply with respect to a particular regulated NSR pollutant when the source is complying with the requirements under 9VAC5-80-2144 for a PAL for that pollutant. Instead, the definition for "PAL major modification" shall apply.
"Major new source review (NSR) permit" means a permit issued under the major new source review program.
"Major new source review (major NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of §§ 112, 165 and 173 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.
"Major stationary source"
a. Means:
(1) Any stationary source of air pollutants which emits, or has the potential to emit, (i) 100 tons per year or more of a regulated NSR pollutant, (ii) 50 tons per year or more of volatile organic compounds or nitrogen oxides in ozone nonattainment areas classified as serious in 9VAC5-20-204, (iii) 25 tons per year or more of volatile organic compounds or nitrogen oxides in ozone nonattainment areas classified as severe in 9VAC5-20-204, or (iv) 100 tons per year or more of nitrogen oxides or 50 tons per year of volatile organic compounds in the Ozone Transport Region; or
(2) Any physical change that would occur at a stationary source not qualifying under subdivision a (1) of this definition as a major stationary source, if the change would constitute a major stationary source by itself.
b. A major stationary source that is major for volatile organic compounds shall be considered major for ozone.
c. The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this article whether it is a major stationary source, unless the source belongs to one of the following categories of stationary sources:
(1) Coal cleaning plants (with thermal dryers).
(2) Kraft pulp mills.
(3) Portland cement plants.
(4) Primary zinc smelters.
(5) Iron and steel mills.
(6) Primary aluminum ore reduction plants.
(7) Primary copper smelters.
(8) Municipal incinerators (or combinations of them) capable of charging more than 250 tons of refuse per day.
(9) Hydrofluoric acid plants.
(10) Sulfuric acid plants.
(11) Nitric acid plants.
(12) Petroleum refineries.
(13) Lime plants.
(14) Phosphate rock processing plants.
(15) Coke oven batteries.
(16) Sulfur recovery plants.
(17) Carbon black plants (furnace process).
(18) Primary lead smelters.
(19) Fuel conversion plants.
(20) Sintering plants.
(21) Secondary metal production plants.
(22) Chemical process plants (which shall not include ethanol production facilities that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140).
(23) Fossil-fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input.
(24) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
(25) Taconite ore processing plants.
(26) Glass fiber manufacturing plants.
(27) Charcoal production plants.
(28) Fossil fuel steam electric plants of more than 250 million British thermal units per hour heat input.
(29) Any other stationary source category which, as of August 7, 1980, is being regulated under 40 CFR Part 60, 61 or 63.
"Minor new source review (NSR) permit" means a permit issued under the minor new source review program.
"Minor new source review (minor NSR) program" means a preconstruction review and permit program (i) for new stationary sources or modifications (physical changes or changes in the method of operation) that are not subject to review under the major new source review program, (ii) established to implement the requirements of §§ 110(a)(2)(C) and 112 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 6 (9VAC5-80-1100 et seq.) of this part.
"Necessary preconstruction approvals or permits" means those permits required under the NSR program that are part of the applicable implementation plan.
"Net emissions increase"
a. Means, with respect to any regulated NSR pollutant emitted by a major stationary source, the amount by which the sum of the following exceeds zero:
(1) The increase in emissions from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to 9VAC5-80-2000 H; and
(2) Any other increases and decreases in actual emissions at the major stationary source that are contemporaneous with the particular change and are otherwise creditable. Baseline actual emissions for calculating increases and decreases under this subdivision shall be determined as provided in the definition of "baseline actual emissions," except that subdivisions a (3) and b (4) of that definition shall not apply.
b. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs before the date that the increase from the particular change occurs. For sources located in ozone nonattainment areas classified as serious or severe in 9VAC5-20-204, an increase or decrease in actual emissions of volatile organic compounds or nitrogen oxides is contemporaneous with the increase from the particular change only if it occurs during a period of five consecutive calendar years which includes the calendar year in which the increase from the particular change occurs.
c. An increase or decrease in actual emissions is creditable only if:
(1) It occurs between the date five years before construction on the particular change commences and the date that the increase from the particular change occurs; and
(2) The board has not relied on it in issuing a permit for the source pursuant to this article which permit is in effect when the increase in actual emissions from the particular change occurs.
d. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.
e. A decrease in actual emissions is creditable only to the extent that:
(1) The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions;
(2) It is enforceable as a practical matter at and after the time that actual construction on the particular change begins;
(3) The board has not relied on it in issuing any permit pursuant to this chapter or the board has not relied on it in demonstrating attainment or reasonable further progress in the implementation plan; and
(4) It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.
f. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.
g. Subdivision a of the definition of "actual emissions" shall not apply for determining creditable increases and decreases or after a change.
"New source review (NSR) permit" means a permit issued under the new source review program.
"New source review (NSR) program" means a preconstruction review and permit program (i) for new stationary sources or modifications (physical changes or changes in the method of operation); (ii) established to implement the requirements of §§ 110(a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165 (relating to permits in prevention of significant deterioration areas), and 173 (relating to permits in nonattainment areas) of the federal Clean Air Act and associated regulations; and (iii) codified in Article 6 (9VAC5-80-1100 et seq.), Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.
"Nonattainment major new source review (NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of § 173 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 9 (9VAC5-80-2000 et seq.) of this part. Any permit issued under such a program is a major NSR permit.
"Nonattainment pollutant" means, within a nonattainment area, the pollutant for which such area is designated nonattainment. For ozone nonattainment areas, the nonattainment pollutants shall be volatile organic compounds (including hydrocarbons) and nitrogen oxides.
"Ozone transport region" means the area established by § 184(a) of the federal Clean Air Act or any other area established by the administrator pursuant to § 176A of the federal Clean Air Act for purposes of ozone. For the purposes of this article, the Ozone Transport Region consists of the following localities: Arlington County, Fairfax County, Loudoun County, Prince William County, Stafford County, Alexandria City, Fairfax City, Falls Church City, Manassas City, and Manassas Park City.
"Plantwide applicability limitation (PAL)" means an emission limitation expressed in tons per year, for a pollutant at a major stationary source, that is enforceable as a practical matter and established sourcewide in accordance with 9VAC5-80-2144.
"PAL effective date" generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.
"PAL effective period" means the period beginning with the PAL effective date and ending five years later.
"PAL major modification" means, notwithstanding the definitions for "major modification" and "net emissions increase," any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.
"PAL permit" means the state operating permit issued by the board that establishes a PAL for a major stationary source.
"PAL pollutant" means the pollutant for which a PAL is established at a major stationary source.
"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally and state enforceable. Secondary emissions do not count in determining the potential to emit of a stationary source. For the purposes of actuals PALs, any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is federally enforceable or enforceable as a practical matter by the state.
"Predictive emissions monitoring system (PEMS)" means all of the equipment necessary to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, pounds per hour) on a continuous basis.
"Prevention of significant deterioration (PSD) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of § 165 of the federal Clean Air Act and associated regulations, and (iii) codified in Article 8 (9VAC5-80-1605 et seq.) of this part.
"Project" means a physical change in, or change in the method of operation of, an existing major stationary source.
"Projected actual emissions" means the maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant in any one of the five years (12-month period) following the date the unit resumes regular operation after the project, or in any one of the 10 years following that date, if the project involves increasing the emissions unit's design capacity or its potential to emit of that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the source. In determining the projected actual emissions before beginning actual construction, the owner shall:
a. Consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the state or federal regulatory authorities, and compliance plans under the approved plan;
b. Include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions; and
c. Exclude, in calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have emitted during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth, provided such exclusion shall not reduce any calculated increases in emissions that are caused by, result from, or are related to the particular project; or
d. In lieu of using the method set out in subdivisions a through c of this definition, may elect to use the emissions unit's potential to emit, in tons per year, as defined under the definition of potential to emit.
"Public comment period" means a time during which the public shall have the opportunity to comment on the new or modified source permit application information (exclusive of confidential information), the preliminary review and analysis of the effect of the source upon the ambient air quality, and the preliminary decision of the board regarding the permit application.
"Reasonable further progress" means the annual incremental reductions in emissions of a given air pollutant (including substantial reductions in the early years following approval or promulgation of an implementation plan and regular reductions thereafter) which are sufficient in the judgment of the board to provide for attainment of the applicable ambient air quality standard within a specified nonattainment area by the attainment date prescribed in the implementation plan for such area.
"Regulated NSR pollutant" means any of the following:
a. Nitrogen oxides or any volatile organic compound; .
b. Any pollutant for which an ambient air quality standard has
been promulgated; or .
c. Any pollutant that is identified under this subdivision
as a constituent or precursor of a general pollutant listed under
subdivisions a and or b of this definition, provided that a
such constituent or precursor pollutant may only be regulated under NSR
this article as part of regulation of the general pollutant. Precursors
identified for purposes of this article shall be the following:
(1) Volatile organic compounds and nitrogen oxides are precursors to ozone in all ozone nonattainment areas.
(2) Sulfur dioxide is a precursor to PM2.5 in all PM2.5 nonattainment areas.
(3) Nitrogen oxides are presumed to be precursors to PM2.5 in all PM2.5 nonattainment areas, unless the board determines that emissions of nitrogen oxides from sources in a specific area are not a significant contributor to that area's ambient PM2.5 concentrations.
(4) Volatile organic compounds and ammonia are presumed not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless the board determines that emissions of volatile organic compounds or ammonia from sources in a specific area are a significant contributor to that area's ambient PM2.5 concentrations.
d. PM2.5 emissions and PM10 emissions shall include gaseous emissions from a source or activity that condense to form particulate matter at ambient temperatures. On or after January 1, 2011, such condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM2.5 and PM10 in permits issued under this article. Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on condensable particulate matter unless required by the terms and conditions of the permit. Applicability determinations made prior to this date without accounting for condensable particulate matter shall not be considered in violation of this article.
"Secondary emissions" means emissions which would occur as a result of the construction or operation of a major stationary source or major modification, but do not come from the major stationary source or major modification itself. For the purpose of this article, secondary emissions shall be specific, well defined, quantifiable, and affect the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any off-site support facility which would not be constructed or increase its emissions except as a result of the construction or operation of the major stationary source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.
"Significant" means, in reference to a net emissions increase or the potential of a source to emit any of the following pollutants, a rate of emissions that would equal or exceed any of the following rates:
a. Ozone nonattainment areas classified as serious or severe in 9VAC5-20-204.
|
POLLUTANT |
EMISSIONS RATE |
|
Carbon Monoxide |
100 tons per year (tpy) |
|
Nitrogen Oxides |
25 tpy |
|
Sulfur Dioxide |
40 tpy |
|
|
|
|
PM10 |
15 tpy |
|
PM2.5 |
10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor under the definition of "regulated NSR pollutant" |
|
Ozone |
25 tpy of volatile organic compounds |
|
Lead |
0.6 |
b. Other nonattainment areas.
|
POLLUTANT |
EMISSIONS RATE |
|
Carbon Monoxide |
100 tons per year (tpy) |
|
Nitrogen Oxides |
40 tpy |
|
Sulfur Dioxide |
40 tpy |
|
|
|
|
PM10 |
15 tpy |
|
PM2.5 |
10 tpy of direct PM2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions unless demonstrated not to be a PM2.5 precursor under the definition of "regulated NSR pollutant" |
|
Ozone |
40 tpy of volatile organic compounds |
|
Lead |
0.6 tpy |
"Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant for that pollutant.
"Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit.
"Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant.
"State enforceable" means all limitations and conditions that are enforceable as a practical matter, including any regulation of the board, those requirements developed pursuant to 9VAC5-170-160, requirements within any applicable order or variance, and any permit requirements established pursuant to this chapter.
"State operating permit" means a permit issued under the state operating permit program.
"State operating permit program" means an operating permit program (i) for issuing limitations and conditions for stationary sources, (ii) promulgated to meet the EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for the EPA and public comment prior to issuance of the final permit, and practicable enforceability, and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this part.
"Stationary source" means any building, structure, facility, or installation which emits or may emit a regulated NSR pollutant.
"Synthetic minor" means a stationary source whose potential to emit is constrained by state-enforceable and federally enforceable limits, so as to place that stationary source below the threshold at which it would be subject to permit or other requirements governing major stationary sources in regulations of the board or in the federal Clean Air Act.
"Temporary clean coal technology demonstration project" means a clean coal technology demonstration project that is operated for a period of five years or less, and that complies with the applicable implementation plan and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.
9VAC5-80-2120. Offsets.
A. Owners shall comply with the offset requirements of this article by obtaining emission reductions from the same source or other sources in the same nonattainment area, except that for ozone precursor pollutants the board may allow the owner to obtain such emission reductions in another nonattainment area if (i) the other area has an equal or higher nonattainment classification than the area in which the source is located and (ii) emissions from such other area contribute to a violation of the ambient air quality standard in the nonattainment area in which the source is located. By the time a new or modified source begins operation, such emission reductions shall (i) be in effect, (ii) be state and federally enforceable and (iii) assure that the total tonnage of increased emissions of the air pollutant from the new or modified source shall be offset by an equal or greater reduction, as applicable, in the actual emissions of such air pollutant from the same or other sources in the nonattainment area.
B. The (i) ratio of total emission reductions of volatile organic compounds to total increased emissions of volatile organic compounds or (ii) the ratio of total emission reductions of nitrogen oxides to total increased emissions of nitrogen oxides in ozone nonattainment areas designated in 9VAC5-20-204 shall be at least the following:
|
1. Nonattainment areas classified as marginal |
1.1 to one. |
|
2. Nonattainment areas classified as moderate |
1.15 to one. |
|
3. Nonattainment areas classified as serious |
1.2 to one. |
|
4. Nonattainment areas classified as severe |
1.3 to one. |
|
5. Nonattainment areas with any other classification or no classification |
1 to one. |
The ratio of total emissions reductions of the
nonattainment pollutant to total increased emissions of the nonattainment
pollutant in nonattainment areas (other than ozone nonattainment areas)
designated in 9VAC5-20-204 shall be at least 1 to one. The ratio of
total actual emissions reductions of the nonattainment pollutant to the
emissions increase shall be at least 1 to one unless an alternative ratio is
provided above for the applicable nonattainment area designated in
9VAC5-20-204.
C. Emission reductions otherwise required by these regulations shall not be creditable as emissions reductions for purposes of any such offset requirement. Incidental emission reductions which are not otherwise required by these regulations shall be creditable as emission reductions for such purposes if such emission reductions meet the requirements of subsection A of this section.
D. The board will allow an owner to offset by alternative or innovative means emission increases from rocket engine and motor firing, and cleaning related to such firing, at an existing or modified major source that tests rocket engines or motors under the following conditions:
1. Any modification proposed is solely for the purpose of expanding the testing of rocket engines or motors at an existing source that is permitted to test such engines on November 15, 1990.
2. The source demonstrates to the satisfaction of the board that it has used all reasonable means to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond allowable levels, that all available offsets are being used, and that sufficient offsets are not available to the source.
3. The source has obtained a written finding from the U.S. Department of Defense, U.S. Department of Transportation, National Aeronautics and Space Administration or other appropriate federal agency, that the testing of rocket motors or engines at the facility is required for a program essential to the national security.
4. The owner will comply with an alternative measure, imposed by the board, designed to offset any emission increases beyond permitted levels not directly offset by the source. In lieu of imposing any alternative offset measures, the board may impose an emissions fee to be paid to the board which shall be an amount no greater than 1.5 times the average cost of stationary source control measures adopted in that nonattainment area during the previous three years. The board will utilize the fees in a manner that maximizes the emissions reductions in that nonattainment area.
E. For sources subject to the provisions of this article, the baseline for determining credit for emissions reduction is the emissions limit under the applicable implementation plan in effect at the time the application to construct is filed, except that the offset baseline shall be the actual emissions of the source from which offset credit is obtained where:
1. The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area; or
2. The applicable implementation plan does not contain an emissions limitation for that source or source category.
F. Where the emissions limit under the applicable implementation plan allows greater emissions than the potential to emit of the source, emissions offset credit will be allowed only for control below this potential.
G. For an existing fuel combustion source, credit shall be based on the allowable emissions under the applicable implementation plan for the type of fuel being burned at the time the application to construct is filed. If the owner of the existing source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable (or actual) emissions for the fuels involved is not acceptable, unless the permit is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the source switch back to a dirtier fuel at some later date. The board will ensure that adequate long-term supplies of the new fuel are available before granting emissions offset credit for fuel switches.
H. Emissions reductions achieved by shutting down an existing source or curtailing production or operating hours below baseline levels may be generally credited if such reductions are permanent, quantifiable, and federally and state enforceable. In addition, the shutdown or curtailment is creditable only if it occurred on or after January 1, 1991.
I. No emissions credit may be allowed for replacing one volatile organic compound with another of lesser reactivity.
J. Where this article does not adequately address a particular issue, the provisions of Appendix S to 40 CFR Part 51 shall be followed to the extent that they do not conflict with this section. The provisions of Appendix S to 40 CFR Parts 51 apply only to the extent that they are incorporated by reference in 9VAC5-20-21.
K. Credit for an emissions reduction can be claimed to the extent that the board has not relied on it in issuing any permit under this chapter or has not relied on it in demonstrating attainment or reasonable further progress.
L. The total tonnage of increased emissions, in tons per year, resulting from a major modification that shall be offset in accordance with § 173 of the federal Clean Air Act shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit.
M. In meeting the emissions offset requirements of this section, the emissions offsets obtained shall be for the same regulated NSR pollutant unless interprecursor offsetting is permitted for a particular pollutant as specified in this subsection. The offset requirements in this section for direct PM2.5 emissions or emissions of precursors of PM2.5 may be satisfied by offsetting reductions in direct PM2.5 emissions or emissions of any PM2.5 precursor identified under subdivision c of the definition of "regulated NSR pollutant" if such offsets comply with the interprecursor trading hierarchy and ratio established in accordance with subsections N through P of this section for a particular nonattainment area.
N. The board may allow the offset requirement in subsection M of this section for direct PM2.5 emissions or precursors of PM2.5 to be satisfied by offsetting reductions in direct PM2.5 emissions or emissions of any PM2.5 precursor using a ratio approved by the board for the nonattainment area after public review and comment as provided in subsections O and P of this section. Prior to making a final determination on the interpollutant trading ratios for a nonattainment area, the board shall submit the interpollutant trading ratios and supporting information to the EPA Regional Office for approval.
O. Prior to the decision of the board, the offsetting ratio will be subject to a public comment period of at least 30 days. The board will notify the public, by notice on the department web page "Public Notices for Air Regulations," of the opportunity for public comment on the offsetting ratio and supporting information as available for public inspection under the provisions of subsection P of this section. The notification shall be published at least 30 days prior to the close of the public comment period.
P. Information on the offsetting ratio and supporting information, as well as the preliminary determination of the board, shall be available for public inspection during the entire public comment period on the department web page "Public Notices for Air Regulations."
VA.R. Doc. No. R11-2833; Filed June 28, 2011, 1:46 p.m.
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.
Titles of Regulations: 9VAC5-40. Existing Stationary
Sources (amending 9VAC5-40-5810, 9VAC5-40-5820,
9VAC5-40-5850, 9VAC5-40-5880, 9VAC5-40-5920) (Rev. D-11).
9VAC5-50. New and Modified Stationary Sources (amending 9VAC5-50-420) (Rev. D-11).
9VAC5-130. Regulation for Open Burning (amending 9VAC5-130-20, 9VAC5-130-40, 9VAC5-130-100) (Rev. D-11).
Statutory Authority: § 10.1-1308 of the Code of Virginia; Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.
Effective Date: August 17, 2011.
Agency Contact: Debra Miller, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4206, FAX (804) 698-4346, or email debra.miller@deq.virginia.gov.
Summary:
Amendment 7 to the Solid Waste Management Regulations recodified those regulations and created 9VAC20-81, which became effective March 16, 2011. This action updates the citations to the Solid Waste Management Regulations in the State Air Pollution Control Board's regulations.
9VAC5-40-5810. Definitions.
A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section.
B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10), unless otherwise required by context.
C. Terms defined.
"Active collection system" means a gas collection system that uses gas mover equipment.
"Active landfill" means a landfill in which solid waste is being placed or a landfill that is planned to accept waste in the future.
"CERCLA" means the federal Comprehensive Environmental Response, Compensation and Liability Act (42 USC § 9601 et seq.).
"Closed landfill" means a landfill in which solid waste is no longer being placed, and in which no additional solid wastes will be placed without first filing a notification of modification, as prescribed under 40 CFR 60.7(a)(4), with the board. Once a notification of modification has been filed, and additional solid waste is placed in the landfill, the landfill is no longer closed.
"Closure" means that point in time when a landfill becomes a closed landfill.
"Commenced" means that an owner has undertaken a continuous program of construction or modification or that an owner has entered into a contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification.
"Commercial waste" means all types of solid waste generated by stores, offices, restaurants, warehouses, and other nonmanufacturing activities, excluding construction, household, and industrial wastes.
"Construction" means fabrication, erection, or installation of an affected facility.
"Controlled landfill" means any landfill at which collection and control systems are required under this article as a result of the nonmethane organic compounds emission rate. The landfill is considered controlled at the time a collection and control system design plan is submitted in compliance with 9VAC5-40-5820 C 2 a.
"Design capacity" means the maximum amount of solid
waste a landfill can accept, as indicated in terms of volume or mass in the
most recent permit issued by the department under Part VII (9VAC20-80-480 et
seq.) of 9VAC20 Chapter 80 (Solid Waste Management Regulations) Part V
(9VAC20-81-400 et seq.) of the Solid Waste Management Regulations, plus any
in-place waste not accounted for in the most recent permit, or as calculated
using good engineering practices acceptable to the board. If the owner chooses
to convert the design capacity from volume to mass or from mass to volume to
demonstrate that its design capacity is less than (i) 1.0 million megagrams or
1.0 million cubic meters in the Northern Virginia Volatile Organic Compound
Emissions Control Area or (ii) 2.5 million megagrams or 2.5 million cubic
meters in the remaining areas of the Commonwealth, the calculation must include
a site-specific density, which must be recalculated annually.
"Disposal facility" means all contiguous land and structures, other appurtenances, and improvements on the land used for the disposal of solid waste.
"Emission rate cutoff" means the threshold annual emission rate to which a landfill compares its estimated emission rate to determine if control under the regulation is required.
"Enclosed combustor" means an enclosed firebox which maintains a relatively constant limited peak temperature generally using a limited supply of combustion air. An enclosed flare is considered an enclosed combustor.
"Federal operating permit" means a permit issued under Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80.
"Flare" means an open combustor without enclosure or shroud.
"Gas mover equipment" means the equipment (i.e., fan, blower, compressor) used to transport landfill gas through the header system.
"Household waste" mean any solid waste, including garbage, trash and refuse, derived from households (including, but not limited to, single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreational areas). For the purposes of determining capacity as required by 9VAC5-40-5820 and NMOC emission rates as required by 9VAC5-40-5860, household waste includes sanitary waste (septage) in septic tanks.
"Industrial solid waste" means any solid waste generated by manufacturing or industrial processes that is not a hazardous waste regulated under Subtitle C (42 USC § 6921 et seq.) of RCRA (as reflected in 40 CFR Parts 264 and 265) and implemented by the department in 9VAC20 Chapter 60 (9VAC20-60, Virginia Hazardous Waste Management Regulations). Such waste may include, but is not limited to, waste resulting from the following manufacturing processes: electric power generation; fertilizer and agricultural chemicals; food and related products and byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing and foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.
"Interior well" means any well or similar collection component located inside the perimeter of the landfill waste. A perimeter well located outside the landfilled waste is not an interior well.
"Landfill" means an area of land or an excavation
in which wastes are placed for permanent disposal, and that is not a land
application unit, surface impoundment, injection well, or waste pile as those
terms are defined under 9VAC20-80-10 9VAC20-81.
"Landfill gas" means any gas derived from the decomposition of organic waste deposited in an MSW landfill or from the evolution of volatile organic species in the waste. Emissions from MSW landfills is equivalent to landfill gas emissions.
"Lateral expansion" means a horizontal expansion of the waste boundaries of an existing MSW landfill. A lateral expansion is not a modification unless it results in an increase in the design capacity of the landfill.
"Modification" means an increase in the permitted volume design capacity of the landfill by either horizontal or vertical expansion based on its permitted design capacity as of May 30, 1991. Modification does not occur until the owner commences construction on the horizontal or vertical expansion.
"Municipal solid waste landfill" or "MSW
landfill" means an entire disposal facility in a contiguous geographical
space where household waste is placed in or on land. An MSW landfill may also
receive other types of solid wastes regulated under Subtitle D (42 USC § 6941
et seq.) of RCRA (as reflected in 40 CFR 257.2) and implemented by the
department in 9VAC20-80-250 9VAC20-81 (Solid Waste Management
Regulations) such as commercial solid waste, nonhazardous sludge, conditionally
exempt small quantity generator waste, and nonhazardous industrial solid waste.
Portions of an MSW landfill may be separated by access roads. An MSW landfill
may be publicly or privately owned. An MSW landfill may be a new MSW landfill,
an existing MSW landfill, or a lateral expansion.
"Municipal solid waste landfill emissions" or "MSW landfill emissions" means gas generated by the decomposition of organic waste deposited in an MSW landfill or derived from the evolution of organic compounds in the waste.
"NMOC" means nonmethane organic compounds, as measured according to the provisions of 9VAC5-40-5860 B through E.
"Nondegradable waste" means any waste that does not decompose through chemical breakdown or microbiological activity. Examples include, but are not limited to, concrete, municipal waste combustor ash, and metals.
"Passive collection system" means a gas collection system that solely uses positive pressure within the landfill to move the gas rather than using gas mover equipment.
"RCRA" means the federal Resource Conservation and Recovery Act (42 USC § 6901 et seq.).
"Refuse" means trash, rubbish, garbage, and other forms of solid or liquid waste, including, but not limited to, wastes resulting from residential, agricultural, commercial, industrial, institutional, trade, construction, land clearing, forest management, and emergency operations.
"Sludge" means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.
"Solid waste" means any garbage, sludge from a
wastewater treatment plant, water supply treatment plant, or air pollution
control facility and other discarded material, including solid, liquid,
semi-solid, or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations, and from community activities,
but does not include solid or dissolved material in domestic sewage, or solid
or dissolved materials in irrigation return flows or industrial discharges that
are point sources subject to permits under 33 USC § 1342, or source, special
nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42
USC § 2011 et seq.). For more detail, see Part III (9VAC20-80-130 et seq.) of
9VAC20 Chapter 80 (Solid Waste Management Regulations) 9VAC20-81-95 of
the Solid Waste Management Regulations.
"Sufficient density" means any number, spacing, and combination of collection system components, including vertical wells, horizontal collectors, and surface collectors, necessary to maintain emission and migration control as determined by measures of performance set forth in this part.
"Sufficient extraction rate" means a rate sufficient to maintain a negative pressure at all wellheads in the collection system without causing air infiltration, including any wellheads connected to the system as a result of expansion or excess surface emissions, for the life of the blower.
9VAC5-40-5820. Standard for air emissions.
A. This section shall apply to affected facilities that have accepted waste any time since November 8, 1987, or have additional design capacity available for future waste deposition, and meet the design capacity and emission rate applicability criteria in subdivisions A 1 or A 2 of this section.
1. For affected facilities located in the Northern Virginia Volatile Organic Compound Emissions Control Area as designated in 9VAC5-20-206:
a. A design capacity greater than or equal to 1.0 million megagrams and 1.0 million cubic meters; and
b. A nonmethane organic compound emission rate of 23 megagrams per year or more as determined using test procedures under 9VAC5-40-5860.
2. For affected facilities located in the remaining areas of the Commonwealth:
a. A design capacity greater than or equal to 2.5 million megagrams or 2.5 million cubic meters; and
b. A nonmethane organic compound emission rate of 50 megagrams per year or more as determined using test procedures under 9VAC5-40-5860.
B. Each owner of an MSW landfill having a design capacity less than (i) 1.0 million megagrams or 1.0 million cubic meters in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 2.5 million megagrams or 2.5 million cubic meters in the remaining areas of the Commonwealth shall submit an initial design capacity report to the board as provided in 9VAC5-40-5880 C no later than June 30, 1999. The landfill may calculate design capacity in either megagrams or cubic meters for comparison with the design capacity applicability criteria in subsection A of this section. Any density conversions shall be documented and submitted with the report. Submittal of the initial design capacity report shall fulfill the requirements of this article except as provided for in subdivisions B 1 and B 2 of this section.
1. The owner shall submit to the board an amended design capacity report, as provided for in 9VAC5-40-5880 C 3. If the design capacity increase is the result of a modification, as defined in 9VAC5-40-5810 C, that was commenced on or after May 30, 1991, the landfill is subject to the new source performance standard in Article 5 of 9VAC5 Chapter 50 (9VAC5-50-410) instead of this article. If the design capacity increase is the result of a change in operating practices, density, or some other change that is not a modification, the landfill remains subject to this article.
2. When an increase in the maximum design capacity of a landfill exempted from the provisions of 9VAC5-40-5820 C, 9VAC5-40-5822, 9VAC5-40-5824, 9VAC5-40-5850, 9VAC5-40-5860, 9VAC5-40-5870, 9VAC5-40-5880, and 9VAC5-40-5890 on the basis of the design capacity applicability criteria in subsection A of this section results in a revised maximum design capacity equal to or greater than (i) 1.0 million megagrams or 1.0 million cubic meters in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 2.5 million megagrams or 2.5 million cubic meters in the remaining areas of the Commonwealth, the owner shall comply with the provisions of subsection C of this section.
C. Each owner of an MSW landfill having a design capacity greater than or equal to (i) 1.0 million megagrams and 1.0 million cubic meters in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 2.5 million megagrams and 2.5 million cubic meters in the remaining areas of the Commonwealth shall either install a collection and control system as provided in subdivision C 2 of this section or calculate an initial NMOC emission rate for the landfill using the procedures specified in 9VAC5-40-5860. The NMOC emission rate shall be recalculated annually, except as provided in 9VAC5-40-5880 D 1 b.
1. If the calculated NMOC emission rate is less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, the owner shall:
a. Submit an annual emission report to the board, except as provided for in 9VAC5-40-5880 D 1 b; and
b. Recalculate the NMOC emission rate annually using the procedures specified in 9VAC5-40-5860 B 1 until such time as the calculated NMOC emission rate is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, or the landfill is closed.
(1) If the NMOC emission rate, upon initial calculation or annual recalculation required in subdivision C 1 b of this section, is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, the owner shall install a collection and control system in compliance with subdivision C 2 of this section.
(2) If the landfill is permanently closed, a closure notification shall be submitted to the board as provided for in 9VAC5-40-5880 F.
2. If the calculated NMOC emission rate is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, the owner shall:
a. Submit a collection and control system design plan prepared by a professional engineer to the board within one year:
(1) The collection and control system as described in the plan shall meet the design requirements of subdivision C 2 b of this section.
(2) The collection and control system design plan shall include any alternatives to the operational standards, test methods, procedures, compliance measures, monitoring, recordkeeping or reporting provisions of 9VAC5-40-5822, 9VAC5-40-5850, 9VAC5-40-5860, 9VAC5-40-5870, 9VAC5-40-5880, and 9VAC5-40-5890 proposed by the owner.
(3) The collection and control system design plan shall either conform with specifications for active collection systems in 9VAC5-40-5824 or include a demonstration to the board's satisfaction of the sufficiency of the alternative provisions to 9VAC5-40-5824.
(4) The board will review the information submitted under subdivisions C 2 a (1), (2) and (3) of this section and either approve it, disapprove it, or request that additional information be submitted. Because of the many site-specific factors involved with landfill gas system design, alternative systems may be necessary. A wide variety of system designs are possible, such as vertical wells, combination horizontal and vertical collection systems, or horizontal trenches only, leachate collection components, and passive systems. All design plan changes shall be submitted to the board and may be implemented only upon approval of the board.
b. Install a collection and control system that captures the gas generated within the landfill as required by subdivision C 2 b (1) or (2) of this section within 30 months after the first annual report in which the emission rate equals or exceeds (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, unless Tier 2 or Tier 3 sampling demonstrates that the emission rate is less than (a) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (b) 50 megagrams per year in the remaining areas of the Commonwealth, as specified in 9VAC5-40-5880 E 1 or E 2.
(1) An active collection system shall:
(a) Be designed to handle the maximum expected gas flow rate from the entire area of the landfill that warrants control over the intended use period of the gas control or treatment system equipment;
(b) Collect gas from each area, cell, or group of cells in the landfill in which the initial solid waste has been placed for a period of:
(i) Five years or more if active; or
(ii) Two years or more if closed or at final grade;
(c) Collect gas at a sufficient extraction rate;
(d) Be designed to minimize off-site migration of subsurface gas.
(2) A passive collection system shall:
(a) Comply with the provisions specified in subdivisions C 2 b (1) (a), (b), and (d) of this section.
(b) Be installed with liners on the bottom and all sides in
all areas in which gas is to be collected. The liners shall be installed as
required under 9VAC20-80-250 B 9VAC20-81-130.
c. Route all the collected gas to a control system that complies with the requirements in either subdivision C 2 c (1), (2) or (3) of this section.
(1) An open flare designed and operated in accordance with 40 CFR 60.18.
(2) A control system designed and operated to reduce NMOC by 98 weight-percent, or, when an enclosed combustion device is used for control, to either reduce NMOC by 98 weight-percent or reduce the outlet NMOC concentration to less than 20 parts per million by volume, dry basis as hexane at 3.0% oxygen. The reduction efficiency or parts per million by volume shall be established by an initial compliance test to be completed no later than 180 days after the initial startup of the approved control system using the test methods specified in 9VAC5-40-5860 E.
(a) If a boiler or process heater is used as the control device, the landfill gas stream shall be introduced into the flame zone.
(b) The control device shall be operated within the parameter ranges established during the initial or most recent compliance test. The operating parameters to be monitored are specified in 9VAC5-40-5870.
(3) Route the collected gas to a treatment system that processes the collected gas for subsequent sale or use. All emissions from any atmospheric vent from the gas treatment system shall be subject to the requirements of subdivision C 2 c (1) or (2) of this section.
d. Operate the collection and control device installed to comply with this article in accordance with the provisions of 9VAC5-40-5822, 9VAC5-40-5850, and 9VAC5-40-5870.
e. The collection and control system may be capped or removed provided that all the conditions of subdivisions C 2 e (1), (2), and (3) of this section are met:
(1) The landfill shall be a closed landfill as defined in
9VAC5-40-5810 and under the requirements of 9VAC20-80-250 E 9VAC20-81-160.
A closure report shall be submitted to the board as provided in 9VAC5-40-5880
F;
(2) The collection and control system shall have been in operation a minimum of 15 years; and
(3) Following the procedures specified in 9VAC5-40-5860 C, the calculated NMOC gas produced by the landfill shall be less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth on three successive test dates. The test dates shall be no less than 90 days apart and no more than 180 days apart.
D. When an MSW landfill subject to this article is closed, the owner is no longer subject to the requirement to maintain a federal operating permit for the landfill if the landfill is not otherwise subject to federal operating permit requirements if either of the following conditions are met:
1. The landfill was never subject to the requirement for a control system under 9VAC5-40-5820 C 2; or
2. The owner meets the conditions for control system removal specified in 9VAC5-40-5820 C 2 e.
9VAC5-40-5850. Compliance.
A. The provisions of 9VAC5-40-20 (Compliance) apply.
B. Owners subject to 9VAC5-40-5820 shall comply with the
provisions of Part V (9VAC20-80-240 et seq.) Part III (9VAC20-81-100
et seq.) of 9VAC20 Chapter 80 81 (Solid Waste Management
Regulations) pertaining to the control of landfill gases.
C. Except as provided in 9VAC5-40-5820 C 2 a (2), the specified methods in subdivisions C 1 through C 6 of this section shall be used to determine whether the gas collection system is in compliance with 9VAC5-40-5820 C 2 b.
1. For the purposes of calculating the maximum expected gas generation flow rate from the landfill to determine compliance with 9VAC5-40-5820 C 2 b (1) (a), one of the following equations shall be used. The k and L sub0 kinetic factors should be those published in the "Compilation of Air Pollutant Emission Factors (AP-42)" (see 9VAC5-20-21) or other site-specific values demonstrated to be appropriate and approved by the board. If k has been determined as specified in 9VAC5-40-5860 B 4, the value of k determined from the test shall be used. A value of no more than 15 years shall be used for the intended use period of the gas mover equipment. The active life of the landfill is the age of the landfill plus the estimated number of years until closure.
a. For sites with unknown year-to-year solid waste acceptance rate:
QM = 2L0R(e-kc - e-kt)
where
QM = maximum expected gas generation flow rate, cubic meters per year
L0 = methane generation potential, cubic meters per megagram solid waste
R = average annual acceptance rate, megagrams per year
k = methane generation rate constant, year-1
t = age of the landfill at equipment installation plus the time the owner or operator intends to use the gas mover equipment or active life of the landfill, whichever is less. If the equipment is installed after closure, t is the age of the landfill at installation, years
c = time since closure, years (for an active landfill c = 0 and e-kc = 1)
b. For sites with known year-to-year solid waste acceptance rate:
where
QM = maximum expected gas generation flow rate, cubic meters per year
k = methane generation rate constant, year-1
L0 = methane generation potential, cubic meters per megagram solid waste
Mi = mass of solid waste in the ith section, megagrams
ti = age of the ith section, years
c. If a collection and control system has been installed, actual flow data may be used to project the maximum expected gas generation flow rate instead of, or in conjunction with, the equations in subdivisions C 1 a and b of this section. If the landfill is still accepting waste, the actual measured flow data will not equal the maximum expected gas generation rate, so calculations using the equations in subdivisions C 1 a or b of this section or other methods acceptable to the board shall be used to predict the maximum expected gas generation rate over the intended period of use of the gas control system equipment.
2. For the purposes of determining sufficient density of gas collectors for compliance with 9VAC5-40-5820 C 2 b (1) (b), the owner shall design a system of vertical wells, horizontal collectors, or other collection devices, acceptable to the board, capable of controlling and extracting gas from all portions of the landfill sufficient to meet all operational and performance standards.
3. For the purpose of demonstrating whether the gas collection system flow rate is sufficient to determine compliance with 9VAC5-40-5820 C 2 b (1) (c), the owner shall measure gauge pressure in the gas collection header at each individual well, monthly. If a positive pressure exists, action shall be initiated to correct the exceedance within five calendar days, except for the three conditions allowed under 9VAC5-40-5822 A 2. If negative pressure cannot be achieved without excess air infiltration within 15 calendar days of the first measurement, the gas collection system shall be expanded to correct the exceedance within 120 days of the initial measurement of positive pressure. Any attempted corrective measure shall not cause exceedances of other operational or performance standards. An alternative timeline for correcting the exceedance may be submitted to the board for approval.
4. Owners are not required to expand the system as required in subdivision C 3 of this section during the first 180 days after gas collection system startup.
5. For the purpose of identifying whether excess air infiltration into the landfill is occurring, the owner shall monitor each well monthly for temperature and nitrogen or oxygen as provided in 9VAC5-40-5822 A 3. If a well exceeds one of these operating parameters, action shall be initiated to correct the exceedance within five calendar days. If correction of the exceedance cannot be achieved within 15 calendar days of the first measurement, the gas collection system shall be expanded to correct the exceedance within 120 days of the initial exceedance. Any attempted corrective measure shall not cause exceedances of other operational or performance standards. An alternative timeline for correcting the exceedance may be submitted to the board for approval.
6. An owner seeking to demonstrate compliance with 9VAC5-40-5820 C 2 b (1) (d) through the use of a collection system not conforming to the specifications provided in 9VAC5-40-5824 shall provide information acceptable to the board as specified in 9VAC5-40-5820 C 2 a (3) demonstrating that off-site migration is being controlled.
D. For purposes of compliance with 9VAC5-40-5822 A 1, each owner of a controlled landfill shall place each well or design component as specified in the approved design plan as provided in 9VAC5-40-5820 C 2 a. Each well shall be installed no later than 60 days after the date on which the initial solid waste has been in place for a period of:
1. Five years or more if active; or
2. Two years or more if closed or at final grade.
E. The following procedures shall be used for compliance with the surface methane operational standard as provided in 9VAC5-40-5822 A 4.
1. After installation of the collection system, the owner shall monitor surface concentrations of methane along the entire perimeter of the collection area and along a pattern that traverses the landfill at 30-meter intervals (or a site-specific established spacing) for each collection area on a quarterly basis using an organic vapor analyzer, flame ionization detector, or other portable monitor meeting the specifications provided in subsection F of this section.
2. The background concentration shall be determined by moving the probe inlet upwind and downwind outside the boundary of the landfill at a distance of at least 30 meters from the perimeter wells.
3. Surface emission monitoring shall be performed in accordance with § 4.3.1 of Reference Method 21 of Appendix A of 40 CFR Part 60, except that the probe inlet shall be placed within 5 to 10 centimeters of the ground. Monitoring shall be performed during typical meteorological conditions.
4. Any reading of 500 parts per million or more above background at any location shall be recorded as a monitored exceedance and the actions specified in subdivisions E 4 a through e of this section shall be taken. As long as the specified actions are taken, the exceedance is not a violation of the operational requirements of 9VAC5-40-5822 A 4.
a. The location of each monitored exceedance shall be marked and the location recorded.
b. Cover maintenance or adjustments to the vacuum of the adjacent wells to increase the gas collection in the vicinity of each exceedance shall be made and the location shall be remonitored within 10 calendar days of detecting the exceedance.
c. If the remonitoring of the location shows a second exceedance, additional corrective action shall be taken and the location shall be monitored again within 10 days of the second exceedance. If the remonitoring shows a third exceedance for the same location, the action specified in subdivision E 4 e of this section shall be taken, and no further monitoring of that location is required until the action specified in subdivision E 4 e of this section has been taken.
d. Any location that initially showed an exceedance but has a methane concentration less than 500 parts per million methane above background at the 10-day remonitoring specified in subdivision E 4 b or c of this section shall be remonitored one month from the initial exceedance. If the one-month remonitoring shows a concentration less than 500 parts per million above background, no further monitoring of that location is required until the next quarterly monitoring period. If the 1-month remonitoring shows an exceedance, the actions specified in subdivision E 4 c or e of this section shall be taken.
e. For any location where monitored methane concentration equals or exceeds 500 parts per million above background three times within a quarterly period, a new well or other collection device shall be installed within 120 calendar days of the initial exceedance. An alternative remedy to the exceedance, such as upgrading the blower, header pipes or control device, and a corresponding timeline for installation may be submitted to the board for approval.
5. The owner shall implement a program to monitor for cover integrity and implement cover repairs as necessary on a monthly basis.
F. Each owner seeking to comply with the provisions in subsection E of this section shall comply with the following instrumentation specifications and procedures for surface emission monitoring devices:
1. The portable analyzer shall meet the instrument specifications provided in § 3 of Reference Method 21 of Appendix A of 40 CFR Part 60, except that "methane" shall replace all references to VOC.
2. The calibration gas shall be methane, diluted to a nominal concentration of 500 parts per million in air.
3. To meet the performance evaluation requirements in § 3.1.3 of Reference Method 21 of Appendix A of 40 CFR Part 60, the instrument evaluation procedures of § 4.4 of Reference Method 21 of Appendix A of 40 CFR Part 60 shall be used.
4. The calibration procedures provided in § 4.2 of Reference Method 21 of Appendix A of 40 CFR Part 60 shall be followed immediately before commencing a surface monitoring survey.
G. The provisions of this article apply at all times, except during periods of startup, shutdown, or malfunction, provided that the duration of startup, shutdown, or malfunction shall not exceed five days for collection systems and shall not exceed one hour for treatment or control devices. This subsection shall not apply to the emission standards set forth in 9VAC5-40-5830 and 9VAC5-40-5840.
H. With regard to startup, shutdown, and malfunction, the provisions of 9VAC5-40-5850 A and 9VAC5-40-5910 shall apply to the emission standards set forth in 9VAC5-40-5830 and 9VAC5-40-5840.
9VAC5-40-5880. Reporting.
A. The provisions of 9VAC5-40-5840 (Notification, records and reporting) apply.
B. Except as provided in 9VAC5-40-5820 C 2 a (2), the provisions of subsections C through I of this section apply.
C. Each owner subject to the requirements of this article shall submit an initial design capacity report to the board.
1. The initial design capacity report shall be submitted no later than June 30, 1999.
2. The initial design capacity report shall contain the following information:
a. A map or plot of the landfill, providing the size and
location of the landfill, and identifying all areas where solid waste may be
landfilled according to the permit issued by the department under Part VII
(9VAC20-80-480 et seq.) Part V (9VAC20-81-400 et seq.) of 9VAC20
Chapter 80 81 (Solid Waste Management Regulations);
b. The maximum design capacity of the landfill. Where the
maximum design capacity is specified in a permit issued by the department under
Part VII (9VAC20-80-480 et seq.) Part V (9VAC20-81-400 et seq.)
of 9VAC20 Chapter 80 81 (Solid Waste Management Regulations), a
copy of the permit specifying the maximum design capacity may be submitted as
part of the report. If the maximum design capacity of the landfill is not
specified in the permit, the maximum design capacity shall be calculated using
good engineering practices acceptable to the board. The calculations shall be
provided, along with the relevant parameters as part of the report. The board
may request other reasonable information as may be necessary to verify the
maximum design capacity of the landfill.
3. An amended design capacity report shall be submitted to the board providing notification of an increase in the design capacity of the landfill within 90 days of an increase in the maximum design capacity of the landfill to or above (i) 1.0 million megagrams and 1.0 million cubic meters in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 2.5 million megagrams and 2.5 million cubic meters in the remaining areas of the Commonwealth. This increase in design capacity may result from an increase in the permitted volume of the landfill or an increase in the density as documented in the annual recalculation required in 9VAC5-40-5890 H.
D. Each owner subject to the requirements of this article shall submit an NMOC emission rate report to the board initially and annually thereafter, except as provided for in subdivisions D 1 b or D 3 of this section. The board may request such additional information as may be necessary to verify the reported NMOC emission rate.
1. The NMOC emission rate report shall contain an annual or five-year estimate of the NMOC emission rate calculated using the formula and procedures provided in 9VAC5-40-5860 B or C, as applicable.
a. The initial NMOC emission rate report shall be submitted by June 30, 1999, and may be combined with the initial design capacity report required in subsection C of this section. Subsequent NMOC emission rate reports shall be submitted annually thereafter, except as provided for in subdivisions D 1 b and D 3 of this section.
b. If the estimated NMOC emission rate as reported in the annual report to the board is less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth in each of the next five consecutive years, the owner may elect to submit an estimate of the NMOC emission rate for the next five-year period in lieu of the annual report. This estimate shall include the current amount of solid waste-in-place and the estimated waste acceptance rate for each year of the five years for which an NMOC emission rate is estimated. All data and calculations upon which this estimate is based shall be provided to the board. This estimate shall be revised at least once every five years. If the actual waste acceptance rate exceeds the estimated waste acceptance rate in any year reported in the five-year estimate, a revised five-year estimate shall be submitted to the board. The revised estimate shall cover the five-year period beginning with the year in which the actual waste acceptance rate exceeded the estimated waste acceptance rate.
2. The NMOC emission rate report shall include all the data, calculations, sample reports and measurements used to estimate the annual or five-year emissions.
3. Each owner subject to the requirements of this article is exempted from the requirements of subdivisions D 1 and 2 of this section, after the installation of a collection and control system in compliance with 9VAC5-40-5820 C 2, during such time as the collection and control system is in operation and in compliance with 9VAC5-40-5822 and 9VAC5-40-5850.
E. Each owner subject to the provisions of 9VAC5-40-5820 C 2 a shall submit a collection and control system design plan to the board within one year of the first report, required under subdivision D of this section, in which the emission rate is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, except as follows:
1. If the owner elects to recalculate the NMOC emission rate after Tier 2 NMOC sampling and analysis as provided in 9VAC5-40-5860 B 3 and the resulting rate is less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, annual periodic reporting shall be resumed, using the Tier 2 determined site-specific NMOC concentration, until the calculated emission rate is greater than or equal to (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, or the landfill is closed. The revised NMOC emission rate report, with the recalculated emission rate based on NMOC sampling and analysis, shall be submitted within 180 days of the first calculated exceedance of the emission rate applicability criteria.
2. If the owner elects to recalculate the NMOC emission rate after determining a site-specific methane generation rate constant (k), as provided in Tier 3 in 9VAC5-40-5860 B 4, and the resulting NMOC emission rate is less than (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth, annual periodic reporting shall be resumed. The resulting site-specific methane generation rate constant (k) shall be used in the emission rate calculation until such time as the emissions rate calculation results in an exceedance. The revised NMOC emission rate report based on the provisions of 9VAC5-40-5860 B 4 and the resulting site-specific methane generation rate constant (k) shall be submitted to the board within one year of the first calculated emission rate exceeding (i) 23 megagrams per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams per year in the remaining areas of the Commonwealth.
F. Each owner of a controlled landfill shall submit a closure
report to the board within 30 days of waste acceptance cessation. The board may
request additional information as may be necessary to verify that permanent
closure has taken place in accordance with the requirements of 9VAC20-80-250
E 9VAC20-81-160. If a closure report has been submitted to the
board, no additional wastes may be placed into the landfill without obtaining a
permit issued by the department under Part VII (9VAC20-80-480 et seq.) Part
V (9VAC20-81-400 et seq.) of 9VAC20 Chapter 80 81 (Solid
Waste Management Regulations).
G. Each owner of a controlled landfill shall submit an equipment removal report to the board 30 days prior to removal or cessation of operation of the control equipment.
1. The equipment removal report shall contain all of the following items:
a. A copy of the closure report submitted in accordance with subsection F of this section;
b. A copy of the initial compliance test report demonstrating that the 15-year minimum control period has expired; and
c. Dated copies of three successive NMOC emission rate reports demonstrating that the landfill is no longer producing (i) 23 megagrams or greater of NMOC per year in the Northern Virginia Volatile Organic Compound Emissions Control Area or (ii) 50 megagrams or greater of NMOC per year in the remaining areas of the Commonwealth.
2. The board may request such additional information as may be necessary to verify that all of the conditions for removal in 9VAC5-40-5820 C 2 e have been met.
H. Each owner of a landfill seeking to comply with 9VAC5-40-5820 C 2 using an active collection system designed in accordance with 9VAC5-40-5820 C 2 b shall submit to the board annual reports of the recorded information in subdivisions H 1 through H 6 of this section. The initial annual report shall be submitted within 180 days of installation and startup of the collection and control system, and shall include the initial compliance test report. For enclosed combustion devices and flares, reportable exceedances are defined under 9VAC5-40-5890 E.
1. Value and length of time for exceedance of applicable parameters monitored under 9VAC5-40-5870 C, D, E, and F.
2. Description and duration of all periods when the gas stream is diverted from the control device through a bypass line or the indication of bypass flow as specified under 9VAC5-40-5870.
3. Description and duration of all periods when the control device was not operating for a period exceeding one hour and length of time the control device was not operating.
4. All periods when the collection system was not operating in excess of five days.
5. The location of each exceedance of the 500 parts per million methane concentration as provided in 9VAC5-40-5822 A 4 and the concentration recorded at each location for which an exceedance was recorded in the previous month.
6. The date of installation and the location of each well or collection system expansion added pursuant to subdivisions C 3, D, and E 4 of 9VAC5-40-5850.
I. Each owner seeking to comply with 9VAC5-40-5820 C 2 a shall include the following information with the initial compliance test report:
1. A diagram of the collection system showing collection system positioning including all wells, horizontal collectors, surface collectors, or other gas extraction devices, including the locations of any areas excluded from collection and the proposed sites for the future collection system expansion;
2. The data upon which the sufficient density of wells, horizontal collectors, surface collectors, or other gas extraction devices and the gas mover equipment sizing are based;
3. The documentation of the presence of asbestos or nondegradable material for each area from which collection wells have been excluded based on the presence of asbestos or nondegradable material;
4. The sum of the gas generation flow rates for all areas from which collection wells have been excluded based on nonproductivity and the calculations of gas generation flow rate for each excluded area; and
5. The provisions for increasing gas mover equipment capacity with increased gas generation flow rate, if the present gas mover equipment is inadequate to move the maximum flow rate expected over the life of the landfill; and
6. The provisions for the control of off-site migration.
9VAC5-40-5920. Permits.
A. A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5 Chapter 50 (9VAC5-50) and 9VAC5 Chapter 60 (9VAC5-60) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.
1. Construction of a facility.
2. Reconstruction (replacement of more than half) of a facility.
3. Modification (any physical change to equipment) of a facility.
4. Relocation of a facility.
5. Reactivation (restart-up) of a facility.
6. Operation of a facility.
B. MSW landfills required to install a collection and control
system according to the provisions of 9VAC5-40-5820 shall apply for a permit
amendment in accordance with Part VII (9VAC20-80-480 et seq.) Part V
(9VAC20-81-400 et seq.) of 9VAC20 Chapter 80 81 (Solid Waste
Management Regulations).
C. Physical or operational changes made to an MSW landfill solely to comply with this article are not considered construction, reconstruction, or modification for the purposes of 40 CFR 60 Subpart WWW.
D. The owner of an MSW landfill subject to this article with a design capacity greater than or equal to 2.5 million megagrams and 2.5 million cubic meters is subject to Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80. When a landfill is closed, and either never needed control or meets the conditions for control system removal specified in 9VAC5-40-5820 C 2 e, an operating permit under Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80 is no longer required.
E. A landfill with a design capacity less than 2.5 million megagrams or 2.5 million cubic meters does not require an operating permit under Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5 Chapter 80.
9VAC5-50-420. Word or phrase substitutions.
In the standards designated in 9VAC5-50-410 make the following substitutions:
1. In all the standards, "board" for "administrator."
2. In all the standards, "board" for "U.S. Environmental Protection Agency" (except in references).
3. In subpart WWW, Department of Environmental Quality for
state, local, or tribal agency responsible for regulating the landfill. Waste
management permits are issued by the department under the authority of the
Virginia Waste Management Act (Chapter 14 (§ 10.1-1400 et seq.) of Title 10.1
of the Code of Virginia), using the procedures in Part VII (9VAC20-80-480 et
seq.) Part V (9VAC20-81-400 et seq.) of 9VAC20 Chapter 80 81.
9VAC5-130-20. Definitions.
A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section.
B. As used in this chapter, all terms not defined here shall have the meaning given them in 9VAC5-10 (General Definitions), unless otherwise required by context.
C. Terms defined:
"Air curtain incinerator" means an incinerator that operates by forcefully projecting a curtain of air across an open chamber or pit in which combustion occurs. Incinerators of this type can be constructed above or below ground and with or without refractory walls and floor. Air curtain incinerators are not to be confused with conventional combustion devices with enclosed fireboxes and controlled air technology such as mass burn, modular, and fluidized bed combustors.
"Automobile graveyard" means any lot or place that is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and that it would not be economically practical to make operative, are placed, located or found.
"Built-up area" means any area with a substantial portion covered by industrial, commercial or residential buildings.
"Clean burning waste" means waste that is not prohibited to be burned under this chapter and that consists only of (i) 100% wood waste, (ii) 100% clean lumber or clean wood, (iii) 100% yard waste, or (iv) 100% mixture of only any combination of wood waste, clean lumber, clean wood or yard waste.
"Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote.
"Clean wood" means uncontaminated natural or untreated wood. Clean wood includes, but is not limited to, byproducts of harvesting activities conducted for forest management or commercial logging, or mill residues consisting of bark, chips, edgings, sawdust, shavings or slabs. It does not include wood that has been treated, adulterated, or chemically changed in some way; treated with glues, binders or resins; or painted, stained or coated.
"Commercial waste" means all solid waste generated by establishments engaged in business operations other than manufacturing or construction. This category includes, but is not limited to, waste resulting from the operation of stores, markets, office buildings, restaurants and shopping centers.
"Construction waste" means solid waste that is produced or generated during construction, remodeling, or repair of pavements, houses, commercial buildings and other structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials shall be in accordance with the regulations of the Virginia Waste Management Board.
"Debris waste" means wastes resulting from land clearing operations. Debris wastes include but are not limited to stumps, wood, brush, leaves, soil and road spoils.
"Demolition waste" means that solid waste that is produced by the destruction of structures, or their foundations, or both, and includes the same materials as construction waste.
"Garbage" means readily putrescible discarded materials composed of animal, vegetable or other organic matter.
"Hazardous waste" means a "hazardous waste" as described in 9VAC20-60 (Hazardous Waste Management Regulations).
"Household waste" means any waste material, including garbage, trash and refuse derived from households. For purposes of this regulation, households include single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas. Household wastes do not include sanitary waste in septic tanks (septage) that is regulated by other state agencies.
"Industrial waste" means any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Such waste may include but is not limited to waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.
"Junk" means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous material.
"Junkyard" means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills.
"Landfill" means a sanitary landfill, an industrial
waste landfill, or a construction/demolition/debris landfill. See Part I (9VAC20-80-10
et seq.) (9VAC20-81-10 et seq.) of 9VAC20-80 9VAC20-81
(Solid Waste Management Regulations) for further definitions of these terms.
"Local landfill" means any landfill located within the jurisdiction of a local government.
"Open burning" means the combustion of solid waste without:
1. Control of combustion air to maintain adequate temperature for efficient combustion;
2. Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and
3. Control of the combustion products' emission.
"Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion byproducts emitted into the atmosphere. The term also includes trench burners, air curtain incinerators and over draft incinerators.
"Refuse" means all solid waste products having the characteristics of solids rather than liquids and that are composed wholly or partially of materials such as garbage, trash, rubbish, litter, residues from clean up of spills or contamination or other discarded materials.
"Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards.
"Sanitary landfill" means an engineered land burial
facility for the disposal of household waste that is so located, designed,
constructed, and operated to contain and isolate the waste so that it does not
pose a substantial present or potential hazard to human health or the
environment. A sanitary landfill also may receive other types of solid wastes,
such as commercial solid waste, nonhazardous sludge, hazardous waste from
conditionally exempt small quantity generators, construction, demolition, or
debris waste and nonhazardous industrial solid waste. See Part I (9VAC20-80-10
et seq.) (9VAC20-81-10 et seq.) of 9VAC20-80 9VAC20-81
(Solid Waste Management Regulations) for further definitions of these terms.
"Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume.
"Special incineration device" means an open pit incinerator, conical or teepee burner, or any other device specifically designed to provide good combustion performance.
"Wood waste" means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood waste does not include:
1. Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands.
2. Construction, renovation, or demolition wastes.
3. Clean lumber.
"Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs that come from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. Yard waste does not include (i) construction, renovation, and demolition wastes or (ii) clean wood.
9VAC5-130-40. Permissible open burning.
A. Open burning or the use of special incineration devices is permitted in the following instances provided the provisions of subsections B through E of 9VAC5-130-30 are met:
1. Upon the request of an owner or a responsible civil or military public official, the board may approve open burning or the use of special incineration devices under controlled conditions for the elimination of a hazard that constitutes a threat to the public health, safety or welfare and that cannot be remedied by other means consonant with the circumstances presented by the hazard. Such uses of open burning or the use of special incineration devices may include, but are not limited to, the following:
a. Destruction of deteriorated or unused explosives and munitions on government or private property when other means of disposal are not available. Hazardous waste permits may be required under the provisions of 9VAC20-60 (Hazardous Waste Management Regulations).
b. Destruction of debris caused by floods, tornadoes,
hurricanes or other natural disasters where alternate means of disposal are not
economical or practical and when it is in the best interest of the citizens of
the Commonwealth. Solid waste management permits may be required under the
provisions of 9VAC20-80 9VAC20-81 (Solid Waste Management
Regulations).
c. On-site destruction of animal or plant life that is infested, or reasonably believed to be infested, by a pest or disease in order to (i) suppress, control, or eradicate an infestation or pest; (ii) prevent or retard the spread of an infestation or pest; or (iii) prevent further disease transmission or progression.
2. Open burning is permitted for training and instruction of government and public firefighters under the supervision of the designated official and industrial in-house firefighting personnel with clearance from the local firefighting authority. The designated official in charge of the training shall notify and obtain the approval of the regional director prior to conducting the training exercise. Training schools where permanent facilities are installed for firefighting instruction are exempt from this notification requirement. Buildings that have not been demolished may be burned under the provisions of this subdivision only.
3. Open burning or the use of special incineration devices is permitted for the destruction of classified military documents under the supervision of the designated official.
4. Open burning is permitted for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers provided the materials specified in subsections B and C of 9VAC5-130-30 are not burned.
5. In urban areas, open burning is permitted for the on-site destruction of leaves and tree, yard and garden trimmings located on the premises of private property, provided that no regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road. In nonurban areas, open burning is permitted for the on-site destruction of leaves and tree, yard and garden trimmings located on the premises of private property regardless of the availability of collection service for such trimmings.
6. Open burning is permitted for the on-site destruction of household waste by homeowners or tenants, provided that no regularly scheduled public or private collection service for such refuse is available at the adjacent street or public road.
7. Open burning is permitted for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack. Use of a flare or flare stack for the destruction of hazardous waste or commercial/industrial waste is allowed provided written approval is obtained from the board and the facility is in compliance with Article 3 (9VAC5-40-160 et seq.) of 9VAC5-40 (Existing Stationary Sources) and Article 3 (9VAC5-50-160 et seq.) of 9VAC5-50 (New and Modified Stationary Sources). Permits issued under 9VAC5-80 (Permits for Stationary Sources) may be used to satisfy the requirement for written approval. This activity must be consistent with the provisions of 9VAC20-60 (Virginia Hazardous Waste Regulations).
8. Open burning or the use of special incineration devices is permitted on site for the destruction of clean burning waste and debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations. Open burning or the use of special incineration devices for the purpose of such destruction is prohibited in volatile organic compounds emissions control areas (see 9VAC5-20-206) during May, June, July, August, and September.
9. Open burning is permitted for forest management and agriculture practices approved by the board (see 9VAC5-130-50), provided the following conditions are met:
a. The burning shall be at least 1,000 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; and
b. The burning shall be attended at all times.
10. Open burning or the use of special incineration devices is permitted for the destruction of clean burning waste and debris waste on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas. Open burning or the use of special incineration devices for the purpose of such destruction is prohibited in volatile organic compounds emissions control areas (see 9VAC5-20-206) during May, June, July, August, and September.
B. Open burning or the use of special incineration devices permitted under the provisions of this chapter does not exempt or excuse any owner or other person from the consequences, liability, damages or injuries that may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this chapter. In this regard special attention should be directed to § 10.1-1142 of the Code of Virginia, which is enforced by the Department of Forestry.
C. With regard to the provisions of subsection B of this section, special attention should also be directed to the regulations of the Virginia Waste Management Board. No destruction of waste by open burning or transportation of waste to be destroyed by open burning shall take place in violation of the regulations of the Virginia Waste Management Board.
Part II
Local Ordinances
9VAC5-130-100. Local ordinances on open burning.
A. General.
1. If the governing body of any locality wishes to adopt an ordinance relating to air pollution and governing open burning within its jurisdiction, the ordinance must first be approved by the board (see § 10.1-1321 B of the Code of Virginia).
2. In order to assist local governments in the development of ordinances acceptable to the board, the ordinance in subsection C of this section is offered as a model.
3. If a local government wishes to adopt the language of the model ordinance without changing any wording except that enclosed by parentheses, that government's ordinance shall be deemed to be approved by the board on the date of local adoption provided that a copy of the ordinance is filed with the department upon its adoption by the local government.
4. If a local government wishes to change any wording of the model ordinance aside from that enclosed by parentheses in order to construct a local ordinance, that government shall request the approval of the board prior to adoption of the ordinance by the local jurisdiction. A copy of the ordinance shall be filed with the department upon its adoption by the local government.
5. Local ordinances that have been approved by the board prior to April 1, 1996, remain in full force and effect as specified by their promulgating authorities.
B. Establishment and approval of local ordinances varying from the model.
1. Any local governing body proposing to adopt or amend an ordinance relating to open burning that differs from the model local ordinance in subsection C of this section shall first obtain the approval of the board for the ordinance or amendment as specified in subdivision A 4 of this section. The board in approving local ordinances will consider, but will not be limited to, the following criteria:
a. The local ordinance shall provide for intergovernmental cooperation and exchange of information.
b. Adequate local resources will be committed to enforcing the proposed local ordinance.
c. The provisions of the local ordinance shall be as strict as state regulations, except as provided for leaf burning in § 10.1-1308 of the Virginia Air Pollution Control Law.
d. If a waiver from any provision of this chapter has been requested under 9VAC5-130-60, the language of the ordinance shall achieve the objective of the provision from which the waiver is requested.
2. Approval of any local ordinance may be withdrawn if the board determines that the local ordinance is less strict than state regulations or if the locality fails to enforce the ordinance.
3. If a local ordinance must be amended to conform to an amendment to state regulations, such local amendment will be made within six months of the effective date of the amended state regulations.
4. Local ordinances are a supplement to state regulations. Any provisions of local ordinances that have been approved by the board and are more strict than state regulations shall take precedence over state regulations within the respective locality. If a locality fails to enforce its own ordinance, the board reserves the right to enforce state regulations.
5. A local governing body may grant a variance to any provision of its air pollution control ordinance(s) provided that:
a. A public hearing is held prior to granting the variance;
b. The public is notified of the application for a variance by notice in at least one major newspaper of general circulation in the affected locality at least 30 days prior to the date of the hearing; and
c. The variance does not permit any owner or other person to take action that would result in a violation of any provision of state regulations unless a variance is granted by the board. The public hearings required for the variances to the local ordinance and state regulations may be conducted jointly as one proceeding.
6. 9VAC5-170-150 shall not apply to local ordinances concerned solely with open burning.
C. Model ordinance.
ORDINANCE NO. (000)
Section (000-1). Title.
This chapter shall be known as the (local jurisdiction) Ordinance for the Regulation of Open Burning.
Section (000-2). Purpose.
The purpose of this chapter is to protect public health, safety, and welfare by regulating open burning within (local jurisdiction) to achieve and maintain, to the greatest extent practicable, a level of air quality that will provide comfort and convenience while promoting economic and social development. This chapter is intended to supplement the applicable regulations promulgated by the State Air Pollution Control Board and other applicable regulations and laws.
Section (000-3). Definitions.
For the purpose of this chapter and subsequent amendments or any orders issued by (local jurisdiction), the words or phrases shall have the meaning given them in this section.
"Automobile graveyard" means any lot or place that is exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being operated, and that it would not be economically practical to make operative, are placed, located or found.
"Built-up area" means any area with a substantial portion covered by industrial, commercial or residential buildings.
"Clean burning waste" means waste that is not prohibited to be burned under this ordinance and that consists only of (i) 100% wood waste, (ii) 100% clean lumber or clean wood, (iii) 100% yard waste, or (iv) 100% mixture of only any combination of wood waste, clean lumber, clean wood or yard waste.
"Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate copper arsenate, pentachlorophenol, and creosote.
"Clean wood" means uncontaminated natural or untreated wood. Clean wood includes, but is not limited to, byproducts of harvesting activities conducted for forest management or commercial logging, or mill residues consisting of bark, chips, edgings, sawdust, shavings or slabs. It does not include wood that has been treated, adulterated, or chemically changed in some way; treated with glues, binders or resins; or painted, stained or coated.
"Construction waste" means solid waste that is produced or generated during construction remodeling, or repair of pavements, houses, commercial buildings and other structures. Construction waste consists of lumber, wire, sheetrock, broken brick, shingles, glass, pipes, concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-liquids, and garbage are not construction wastes and the disposal of such materials must be in accordance with the regulations of the Virginia Waste Management Board.
"Debris waste" means wastes resulting from land clearing operations. Debris wastes include but are not limited to stumps, wood, brush, leaves, soil and road spoils.
"Demolition waste" means that solid waste that is produced by the destruction of structures, or their foundations, or both, and includes the same materials as construction waste.
"Garbage" means readily putrescible discarded materials composed of animal, vegetable or other organic matter.
"Hazardous waste" means a "hazardous waste" as described in 9VAC20-60 (Hazardous Waste Management Regulations).
"Household waste" means any waste material, including garbage, trash and refuse derived from households. For purposes of this regulation, households include single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas. Household wastes do not include sanitary waste in septic tanks (septage) that is regulated by state agencies.
"Industrial waste" means any solid waste generated by manufacturing or industrial process that is not a regulated hazardous waste. Such waste may include but is not limited to waste resulting from the following manufacturing processes: electric power generation; fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and water treatment. This term does not include mining waste or oil and gas waste.
"Junkyard" means an establishment or place of business that is maintained, operated, or used for storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard, and the term shall include garbage dumps and sanitary landfills.
"Landfill" means a sanitary landfill, an industrial
waste landfill, or a construction/demolition/debris landfill. See 9VAC20-80
9VAC20-81 (Solid Waste Management Regulations) for further definitions
of these terms.
"Local landfill" means any landfill located within the jurisdiction of a local government.
"Open burning" means the combustion of solid waste without:
1. Control of combustion air to maintain adequate temperature for efficient combustion;
2. Containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion; and
3. Control of the combustion products' emission.
"Open pit incinerator" means a device used to burn waste for the primary purpose of reducing the volume by removing combustible matter. Such devices function by directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the amount of combustion byproducts emitted into the atmosphere. The term also includes trench burners, air curtain incinerators and over draft incinerators.
"Refuse" means all solid waste products having the characteristics of solids rather than liquids and that are composed wholly or partially of materials such as garbage, trash, rubbish, litter, residues from clean up of spills or contamination or other discarded materials.
"Salvage operation" means any operation consisting of a business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically including automobile graveyards and junkyards.
"Sanitary landfill" means an engineered land burial
facility for the disposal of household waste that is so located, designed,
constructed, and operated to contain and isolate the waste so that it does not
pose a substantial present or potential hazard to human health or the
environment. A sanitary landfill also may receive other types of solid wastes,
such as commercial solid waste, nonhazardous sludge, hazardous waste from
conditionally exempt small quantity generators, construction, demolition, or
debris waste and nonhazardous industrial solid waste. See 9VAC20-80 9VAC20-81
(Solid Waste Management Regulations) for further definitions of these terms.
"Smoke" means small gas-borne particulate matter consisting mostly, but not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume.
"Special incineration device" means an open pit incinerator, conical or teepee burner, or any other device specifically designed to provide good combustion performance.
"Wood waste" means untreated wood and untreated wood products, including tree stumps (whole or chipped), trees, tree limbs (whole or chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. Wood waste does not include:
1. Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands.
2. Construction, renovation, or demolition wastes.
3. Clean lumber.
"Yard waste" means grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs that come from residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private or public lands. Yard waste does not include (i) construction, renovation, and demolition wastes or (ii) clean wood.
Section (000-4). Prohibitions on open burning.
A. No owner or other person shall cause or permit open burning or the use of a special incineration device for the destruction of refuse except as provided in this ordinance.
B. No owner or other person shall cause or permit open burning or the use of a special incineration device for the destruction of rubber tires, asphaltic materials, crankcase oil, impregnated wood or other rubber or petroleum based materials except when conducting bona fide firefighting instruction at firefighting training schools having permanent facilities.
C. No owner or other person shall cause or permit open burning or the use of a special incineration device for the destruction of hazardous waste or containers for such materials.
D. No owner or other person shall cause or permit open burning or the use of a special incineration device for the purpose of a salvage operation or for the destruction of commercial/industrial waste.
E. Open burning or the use of special incineration devices permitted under the provisions of this ordinance does not exempt or excuse any owner or other person from the consequences, liability, damages or injuries that may result from such conduct; nor does it excuse or exempt any owner or other person from complying with other applicable laws, ordinances, regulations and orders of the governmental entities having jurisdiction, even though the open burning is conducted in compliance with this ordinance. In this regard special attention should be directed to § 10.1-1142 of the Forest Fire Law of Virginia, the regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution.
F. Upon declaration of an alert, warning or emergency stage of an air pollution episode as described in 9VAC5-70 (Air Pollution Episode Prevention) or when deemed advisable by the State Air Pollution Control Board to prevent a hazard to, or an unreasonable burden upon, public health or welfare, no owner or other person shall cause or permit open burning or use of a special incineration device; and any in process burning or use of special incineration devices shall be immediately terminated in the designated air quality control region.
Section (000-5). Exemptions.
The following activities are exempted to the extent covered by the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution:
A. Open burning for training and instruction of government and public firefighters under the supervision of the designated official and industrial in-house firefighting personnel;
B. Open burning for camp fires or other fires that are used solely for recreational purposes, for ceremonial occasions, for outdoor noncommercial preparation of food, and for warming of outdoor workers;
C. Open burning for the destruction of any combustible liquid or gaseous material by burning in a flare or flare stack;
D. Open burning for forest management and agriculture practices approved by the State Air Pollution Control Board; and
E. Open burning for the destruction of classified military documents.
Section (000-6). Permissible open burning.
A. Open burning is permitted on site for the destruction of leaves and tree, yard and garden trimmings located on the premises of private property, provided that the following conditions are met:
1. The burning takes place on the premises of the private property; (and)
2. The location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted(; and
3. No regularly scheduled public or private collection service for such trimmings is available at the adjacent street or public road1).
B. Open burning is permitted on-site for the destruction of household waste by homeowners or tenants, provided that the following conditions are met:
1. The burning takes place on the premises of the dwelling;
2. Animal carcasses or animal wastes are not burned;
3. Garbage is not burned; (and)
4. The location of the burning is not less than 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted (; and
5. No regularly scheduled public or private collection service for such refuse is available at the adjacent street or public road2).
C. Open burning is permitted on site for destruction of debris waste resulting from property maintenance, from the development or modification of roads and highways, parking areas, railroad tracks, pipelines, power and communication lines, buildings or building areas, sanitary landfills, or from any other clearing operations that may be approved by (designated local official), provided the following conditions are met:
1. All reasonable effort shall be made to minimize the amount of material burned, with the number and size of the debris piles approved by (designated local official);
2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material;
3. The burning shall be at least 500 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted;
4. The burning shall be conducted at the greatest distance practicable from highways and air fields,
5. The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced;
6. The burning shall not be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials; and
7. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area.
D. Open burning is permitted for destruction of debris on the site of local landfills provided that the burning does not take place on land that has been filled and covered so as to present an underground fire hazard due to the presence of methane gas, provided that the following conditions are met:
1. The burning shall take place on the premises of a local sanitary landfill that meets the provisions of the regulations of the Virginia Waste Management Board;
2. The burning shall be attended at all times;
3. The material to be burned shall consist only of brush, tree trimmings, yard and garden trimmings, clean burning waste, clean burning debris waste, or clean burning demolition waste;
4. All reasonable effort shall be made to minimize the amount of material that is burned;
5. No materials may be burned in violation of the regulations of the Virginia Waste Management Board or the State Air Pollution Control Board. The exact site of the burning on a local landfill shall be established in coordination with the regional director and (designated local official); no other site shall be used without the approval of these officials. (Designated local official) shall be notified of the days during which the burning will occur.
(E. Sections 000-6 A through D notwithstanding, no owner or other person shall cause or permit open burning or the use of a special incineration device during May, June, July, August, or September.3)
Section (000-7). Permits.
A. When open burning of debris waste (Section 000-6 C) or open burning of debris on the site of a local landfill (Section 000-6 D) is to occur within (local jurisdiction), the person responsible for the burning shall obtain a permit from (designated local official) prior to the burning. Such a permit may be granted only after confirmation by (designated local official) that the burning can and will comply with the provisions of this ordinance and any other conditions that are deemed necessary to ensure that the burning will not endanger the public health and welfare or to ensure compliance with any applicable provisions of the State Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be issued for each occasion of burning or for a specific period of time deemed appropriate by (designated local official).
B. Prior to the initial installation (or reinstallation, in cases of relocation) and operation of special incineration devices, the person responsible for the burning shall obtain a permit from (designated local official), such permits to be granted only after confirmation by (designated local official) that the burning can and will comply with the applicable provisions in Regulations for the Control and Abatement of Air Pollution and that any conditions are met that are deemed necessary by (designated local official) to ensure that the operation of the devices will not endanger the public health and welfare. Permits granted for the use of special incineration devices shall at a minimum contain the following conditions:
1. All reasonable effort shall be made to minimize the amount of material that is burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood.
2. The material to be burned shall consist of brush, stumps and similar debris waste and shall not include demolition material.
3. The burning shall be at least 300 feet from any occupied building unless the occupants have given prior permission, other than a building located on the property on which the burning is conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If (designated local official) determines that it is necessary to protect public health and welfare, he may direct that any of the above cited distances be increased.
4. The burning shall be attended at all times and conducted to ensure the best possible combustion with a minimum of smoke being produced. Under no circumstances should the burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the materials.
5. The burning shall be conducted only when the prevailing winds are away from any city, town or built-up area.
6. The use of special incineration devices shall be allowed only for the destruction of debris waste, clean burning construction waste, and clean burning demolition waste.
7. Permits issued under this subsection shall be limited to a specific period of time deemed appropriate by (designated local official).
(C. An application for a permit under Section 000-7 A or 000-7 B shall be accompanied by a processing fee of $----.4)
Section (000-8). Penalties for violation.
A. Any violation of this ordinance is punishable as a Class 1 misdemeanor. (See § 15.2-1429 of the Code of Virginia.)
B. Each separate incident may be considered a new violation.
________________________
1 This provision shall be included in ordinances for urban areas. It may be included in ordinances for nonurban areas.
2 This provision shall be included in ordinances for urban areas. It may be included in ordinances for nonurban areas.
3 This provision shall be included in ordinances for jurisdictions within volatile organic compound emissions control areas. It may be included in ordinances for jurisdictions outside these areas.
4 The fee stipulation in this section is optional at the discretion of the jurisdiction.
VA.R. Doc. No. R11-2834; Filed June 28, 2011, 1:52 p.m.
REGISTRAR'S NOTICE: The following regulation filed by the State Air Pollution Control Board is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Air Pollution Control Board pursuant to the Virginia Stormwater Management Act (§ 10.1-603.1 et seq.) of Title 10.1, if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01, (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit, (iii) provides notice and receives oral and written comment as provided in § 2.2-4007.03, and (iv) conducts at least one public hearing on the proposed general permit.
Title of Regulation: 9VAC5-530. Electric Generator Voluntary Demand Response General Permit (adding 9VAC5-530-10 through 9VAC5-530-290) (Rev. Dg).
Statutory Authority: §§ 10.1-1307.02 and 10.1-1308 of the Code of Virginia.
Effective Date: August 17, 2011.
Agency Contact: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov.
Summary:
Chapters 752 and 855 of the 2009 Acts of Assembly mandate that the board develop a general permit for the construction, installation, and operation of distillate oil, natural gas, liquid propane gas, and biodiesel fired electric generating facilities that participate in a voluntary demand response program (i.e., load curtailment, demand response, peak shaving, or like program) and that qualify as nonmajor facilities under the federal Clean Air Act.
The general permit regulation includes emissions limits for both compression ignition and spark ignition electric generating units and limits for units located in attainment and nonattainment areas. Compliance determinations can be made by either monitoring fuel throughput or by monitoring hours of operation.
The regulation 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 source meets the requirements of the regulation.
The only substantive change to the regulation since publication of the proposed regulation is a modification of the definition of "demand response" to clarify that demand response participants do not include affected units that are participating in an Independent System Operator's Manual 13 Emergency Operations program.
Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.
CHAPTER 530
ELECTRIC GENERATOR VOLUNTARY DEMAND RESPONSE GENERAL PERMIT
Part I
Definitions
9VAC5-530-10. General.
A. For the purpose of this chapter or any orders issued by the board the words or terms used shall have the meanings given them in 9VAC5-530-20.
B. Unless specifically defined in the Virginia Air Pollution Control Law or in this chapter, terms used shall have the meaning given them by 9VAC5-80-1110 (definitions, Permits for New and Modified Stationary Sources), 9VAC5-10-20 (general definitions, Regulations for the Control and Abatement of Air Pollution), 9VAC5-170-20 (definitions, Regulation for General Administration), or commonly ascribed to them by recognized authorities, in that order of priority.
9VAC5-530-20. Terms defined.
"Affected unit" means one or more electric generating units subject to the provisions of this chapter.
"Aggregate rated electrical power output" means (i) the sum or total rated electrical power output for all affected units involved in the application or (ii) in nonattainment areas, the sum or total rated electrical output for all electric generating units, permitted or exempt, located at the facility.
"Attainment area" means any area (other than an area identified as a nonattainment area) that meets the national primary or secondary ambient air quality standards for any pollutant pursuant to § 107 of the federal Clean Air Act (42 USC § 7401 et seq.).
"Biodiesel fuel" means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable or animal fats, designated B100, and meeting the requirements of ASTM D6751-09.
"Biodiesel blends" means a blend of biodiesel and petroleum diesel fuel meeting either the requirements of ASTM D975-10b (blends up to 5.0%) or ASTM D7467-09 (blends between 6.0% and 20% biodiesel) and designated Bxx where xx represents the biodiesel content of the blend, e.g., B20 for a blend of 20% biodiesel and 80% petroleum diesel fuel.
"Compression ignition unit" or "CI unit" means a type of stationary internal combustion engine that is not a spark ignition engine.
"Demand response" means measures aimed at shifting time of use of electricity from peak-use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. Demand response actions are typically undertaken by the source owner in response to a request from a utility or electrical grid system operator or in response to market prices. [ Demand response participants do not include affected units that are participating in an ISO's Manual 13 Emergency Operations program. ]
"Diesel fuel" means any liquid obtained from the distillation of petroleum with a boiling point of approximately 150°C to 360°C and that complies with the specifications for S15 diesel fuel oil as defined by the American Society for Testing and Materials in ASTM D975-10b.
"Electric generating unit" means a stationary internal combustion engine that participates in a nonemergency voluntary demand response program (i.e., load curtailment, demand response, peak shaving or like program).
"Emergency" means a condition that arises from sudden and reasonably unforeseeable events where the primary energy or power source is disrupted or disconnected due to conditions beyond the control of an owner or operator of a source including any of the following:
1. A failure of the electrical grid.
2. On-site disaster or equipment failure.
3. Public service emergencies such as flood, fire, natural disaster, or severe weather conditions.
4. An ISO-declared emergency where an ISO emergency is any of the following:
a. An abnormal system condition requiring manual or automatic action to maintain system frequency, to prevent loss of firm load, equipment damage, or tripping of system elements that could adversely affect the reliability of an electric system or the safety of persons or property.
b. Capacity deficiency or capacity excess conditions.
c. A fuel shortage requiring departure from normal operating procedures in order to minimize the use of such scarce fuel.
d. Abnormal natural events or man-made threats that would require conservative operations to posture the system in a more reliable state.
e. An abnormal event external to the ISO service territory that may require ISO action.
"Emergency generator or generation source" means a stationary internal combustion engine that operates only during an emergency, required maintenance or operability and emissions testing.
"General permit" means, for an electric generating unit or units, the terms and conditions in either Part IV (9VAC5-530-140 et seq.) or Part V (9VAC5-530-220) of this chapter that meet the requirements of Part II (9VAC5-530-30 et seq.) and Part III (9VAC5-530-90 et seq.) of this chapter and issued under the provisions of 9VAC5-80-1250.
"Identical affected units" means electric generating units that have the same make, manufacturer, model, year, size, and fuel specifications.
"Independent system operator" or "ISO" means a person who may receive or has received by transfer pursuant to § 56-576 of the Code of Virginia, any ownership or control of, or any responsibility to operate, all or part of the transmission systems in the Commonwealth.
"Integration operational period" means that period of time beginning with the first time the affected unit is started on-site and ending when the affected unit is fully integrated with the source's electrical system. In no case shall this period exceed 30 days.
"Kilowatt (kW) to brake horsepower (bhp)" means the conversion of 1 kW = 1.341 bhp.
"Load curtailment" means an action similar to demand response, with the specific removal or reduction of electrical loads for a limited period of time from a utility grid system in response to a request from the utility or electrical grid system operator.
"Major new source review (major NSR) program" means a preconstruction review and permit program (i) for new major stationary sources or major modifications (physical changes or changes in the method of operation), (ii) established to implement the requirements of §§ 112, 165 and 173 of the federal Clean Air Act (42 USC § 7401 et seq.) and associated regulations, and (iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of Part II (Permit Procedures) of 9VAC5-80 (Permits for Stationary Sources).
"Manufacturer certified emissions" means the emission levels from a stationary compression ignition engine as identified according to the manufacturers' specifications applicable to that engine's family and model year.
"Model year" means either (i) the calendar year in which the engine was originally produced, or (ii) the annual new model production period of the engine manufacturer if it is different than the calendar year. This must include January 1 of the calendar year for which the model year is named. It may not begin before January 2 of the previous calendar year and it must end by December 31 of the named calendar year. For an engine that is converted to a stationary engine after being placed into service as a nonroad or other nonstationary engine, model year means the calendar year or new model production period in which the engine was originally produced.
"Nonattainment area" means any area that does not meet the national ambient air quality standards for any pollutant pursuant to § 107 of the federal Clean Air Act (42 USC § 7401 et seq.) and listed in 9VAC5-20-204.
"Operation" means the burning of fuel regardless of whether electricity is generated.
"Peak shaving" means measures aimed solely at shifting time of use of electricity from peak use periods to times of lower demand by inducing retail customers to curtail electricity usage during periods of congestion and higher prices in the electrical grid. Peak shaving is typically undertaken at a source owner's discretion in order to reduce maximum electrical usage and, therefore, cost of electrical service to the source owner.
"Reference method" means any method of sampling and analyzing for an air pollutant as described in the following EPA regulations:
1. For ambient air quality standards in 9VAC5-30 (Ambient Air Quality Standards): the applicable appendix of 40 CFR Part 50 or any method that has been designated as a reference method in accordance with 40 CFR Part 53, except that it does not include a method for which a reference designation has been canceled in accordance with 40 CFR 53.11 or 40 CFR 53.16;
2. For emission standards in 9VAC5-40 (Existing Stationary Sources) and 9VAC5-50 (New and Modified Stationary Sources): Appendix M of 40 CFR Part 51 or Appendix A of 40 CFR Part 60; or
3. For emission standards in 9VAC5-60 (Hazardous Air Pollutant Sources): Appendix B of 40 CFR Part 61 or Appendix A of 40 CFR Part 63.
"Spark ignition unit" or "SI unit" means a natural gas or liquefied petroleum gas fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark ignition engines usually use a throttle to regulate intake air flow to control power during normal operation. Dual-fuel engines in which a liquid fuel (typically diesel fuel) is used for compression ignition and gaseous fuel (typically natural gas) is used as the primary fuel at an annual average ratio of less than two parts diesel fuel to 100 parts total fuel on an energy equivalent basis are spark ignition engines.
"Startup" means the date on which each affected unit completes the integration period, unless an extension for start-up notification as stated in 9VAC5-530-210 A 4 or 9VAC5-530-290 A 4 is approved by the department. An extension request must be submitted seven days prior to the end of the 30-day integration operational period.
"Tier 4 engine or equivalent" means a compression ignition electric generating unit that meets Tier 4 standards of 40 CFR Part 1039 or, for engines greater than 10 liters per cylinder, 40 CFR Part 1042, whether by Tier 4 certification or by add-on controls to meet the applicable emission standards for the model year and size of the engine.
"Virginia Air Pollution Control Law" means Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1 of the Code of Virginia.
Part II
General Provisions
9VAC5-530-30. [ Basis Purpose ].
[ This The purpose of this ] general
permit is [ being issued under the authority of
to establish requirements covering an emissions unit category pursuant to ]
§ 10.1-1308 of the Code of Virginia and 9VAC5-80-1250.
9VAC5-530-40. Applicability and designation of affected emissions unit.
A. This chapter applies to each affected unit (i) for which
construction, modification, or operation is commenced on or after [ insert
effective date of this chapter August 17, 2011 ], (ii)
that does not meet the permit exemption thresholds of 9VAC5-80-1105 C 1 or D 1
and (iii) that meets the requirements stated below:
1. For CI units located in either an attainment or nonattainment area with an aggregate rated electrical power output less than or equal to 58,886 kW (78,966 bhp).
2. For SI units located in an attainment area with an aggregate rated electrical power output less than or equal to 60,970kW (81,761 bhp).
3. For SI units located in a nonattainment area with an aggregate rated electrical power output less than or equal to 37,750 kW (50,623 bhp).
B. This chapter applies throughout the Commonwealth of Virginia.
C. The following affected units shall not be eligible for this general permit:
1. Any electric generating unit that is subject to the provisions of the major new source review program as defined in this chapter.
2. Any electric generating unit that is an emergency generator.
9VAC5-530-50. General.
A. Any owner requesting authority to operate an affected unit shall comply with the requirements of 9VAC5-80 (Permits for Stationary Sources) and register with the department as required under 9VAC5-20-160. Not all parts of the general permit will apply to every owner. The determination of which parts apply will be based on where the unit is located and method of compliance determination. Parts I, II, and III of this chapter apply to all owners. Part IV of this chapter applies to affected units using fuel throughput for compliance determination. Part V of this chapter applies to affected units using hours of operation for compliance determination.
B. 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.
C. Upon request of the department, the owner shall reduce the level of operation or shut down an affected unit as necessary to avoid violating any primary ambient air quality standard and shall not return to normal operation until such time as the ambient air quality standard will not be violated.
D. This general permit to construct or modify each affected unit shall become invalid, unless an extension is granted by the department, if:
1. A program of continuous construction or modification is not commenced within 18 months from the date that this general permit is issued to the owner; or
2. A program of construction or modification is discontinued for a period of 18 months or more, or is not completed within a reasonable time, except for a department-approved period between phases of a phased construction project.
E. At all times, including periods of startup, shutdown, and malfunction, the owner shall, to the extent practicable, maintain and operate the affected unit, including associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing emissions.
F. The owner shall develop a maintenance schedule and maintain records of all scheduled and nonscheduled maintenance.
G. The owner shall have available written operating procedures for equipment. These procedures shall be based on the manufacturer's recommendations, at a minimum.
H. The owner shall train operators in the proper operation of all such equipment and familiarize the operators with the written operating procedures prior to their first operation of such equipment and shall maintain records of the training provided including the names of trainees, the date of training, and the nature of the training.
I. Records of maintenance and training shall be maintained on-site for a period of five years and shall be made available to department personnel upon request. If the site is remotely operated, the maintenance and training records may be kept off-site but shall be made available to the department within three business days of a department request.
J. The owner shall keep a copy of this general permit on the premises of the affected unit to which it applies.
9VAC5-530-60. Circumvention, suspension, or revocation.
A. No owner shall cause or permit the installation or use of any device or any means that, without resulting in reduction in the total amount of air pollutants emitted, conceals or dilutes an emission of air pollutants that would otherwise violate this chapter.
B. This general permit may be suspended or revoked if the owner:
1. Knowingly makes material misstatements in the general permit application or any amendments to it.
2. Fails to comply with the conditions of this general permit.
3. Fails to comply with any emission standards applicable to an affected unit.
4. Causes emissions from the stationary source that result in violations of, or interfere with the attainment and maintenance of, any ambient air quality standard.
5. Fails to operate in conformance with any applicable control strategy, including any emission standards or emission limitations, or applicable regulations of the board in effect at the time an application for this general permit is submitted.
9VAC5-530-70. 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. The time for inspection shall be deemed reasonable during regular business hours or whenever the source is in operation. Nothing contained herein shall make an inspection time unreasonable during an emergency.
C. Upon presentation of credentials and other documents as may be required by law, the owner 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 general permit.
2. Have access to and copy at reasonable times any records that must be kept under the terms and conditions of this general permit.
3. Inspect at reasonable times any facilities, equipment (including monitoring equipment), practices, or operations regulated or required under this general permit.
4. Sample or monitor at reasonable times substances or parameters for the purpose of assuring compliance with this general permit or applicable requirements.
9VAC5-530-80. Enforcement of a general permit.
A. The following general requirements apply:
1. Pursuant to § 10.1-1322 of the Virginia Air Pollution Control Law, 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. An owner who (i) 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; (ii) knowingly makes any false statement, representation or certification in any form, in any notice or report required by a permit; or (iii) knowingly renders inaccurate any required monitoring device or method shall be subject to the provisions of §§ 10.1-1307, 10.1-1309, 10.1-1316, 10.1-1318, and 10.1-1320 of the Virginia Air Pollution Control Law.
B. 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.
C. 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 general permit.
D. The owner shall comply with all applicable conditions of this general permit. Any noncompliance with this general 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 general permit.
E. 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.
F. The authorization to operate under this general permit may be suspended or revoked for cause as specified in 9VAC5-530-80. 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.
G. This general permit does not convey any property rights of any sort or any exclusive privilege.
H. 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 general 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.
Part III
General Permit Administrative Procedures
9VAC5-530-90. 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 an affected unit that meets the applicability criteria in 9VAC5-530-40 and the operating limitations in 9VAC5-530-170 or 9VAC5-530-250.
B. The general permit will be issued in accordance with § 2.2-4006 A 8 of the Administrative Process Act.
9VAC5-530-100. Applications for coverage under the general permit.
A. The application for an affected unit shall meet the requirements of this chapter and include all information necessary to determine qualification for and to assure compliance with the general permit.
B. 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.
C. 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.
9VAC5-530-110. Required information for initial applications.
A. The department will make application forms available 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 the appropriate air permit application form for an affected unit as determined by the department.
2. A document certification signed by a responsible official.
9VAC5-530-120. Granting an authorization to operate under the general permit.
A. The department may grant authorization to operate under the conditions and terms of the general permit to sources that meet the applicability criteria set forth in 9VAC5-530-40.
B. Granting an authorization to operate under the general permit to an affected unit covered by the general permit is not subject to the public participation procedures of 9VAC5-80-1170.
9VAC5-530-130. Transfer of authorizations to operate under the general permit.
A. No person shall transfer an authorization to operate under the general permit from one affected unit to another or from one piece of equipment to another.
B. In the case of a transfer of ownership of an affected unit, 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 an affected unit, 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 for an Affected Unit Using Fuel Throughput
for Compliance Demonstration
9VAC5-530-140. 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 general permit, 9VAC5-530-150 (General terms and conditions), 9VAC5-530-160 (Monitoring requirements) 9VAC5-530-170 (Operating limits), 9VAC5-530-180 (Emissions limits), 9VAC5-530-190 (Testing requirements), 9VAC5-530-200 (Recordkeeping requirements), and 9VAC5-530-210 (Reporting requirements).
9VAC5-530-150. 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 general 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.
9VAC5-530-160. Monitoring requirements.
A. The owner shall install and use a fuel flow meter to monitor the fuel throughput for each affected unit, calculated monthly as the sum of each consecutive 12-month period.
B. Each fuel flow meter 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 fuel flow meter used to continuously measure the fuel throughput 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 fuel flow meter.
9VAC5-530-170. Operating limits.
A. 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 diesel fuel oil; maximum sulfur content per shipment, 0.0015%.
2. Biodiesel fuel that meets ASTM specification D6751-09; maximum sulfur content per shipment, 0.0015%.
B. 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 specification D1835-05, or an equivalent method approved by the department.
C. The combined CI affected unit or units located in either an attainment or nonattainment area, shall consume no more than 502,766 gallons of diesel fuel or 554,230 gallons of biodiesel fuel 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. For affected units using any combination of the two fuels, the quantities of diesel oil and biodiesel, calculated monthly as the sum of each consecutive 12-month period, shall not exceed values that will allow the following equation to hold true:
A x (140,000 Btu/gal) + B x (127,000 Btu/gal) ≤ 70,387 x 106 Btu/yr
where:
A = Number of gallons of diesel fuel burned during any consecutive 12-month period.
B = Number of gallons of biodiesel burned during any consecutive 12-month period.
D. The combined SI affected unit or units located in an attainment area shall consume no more than 775,300 gallons of LPG or 72.88 x 106 cubic feet of natural gas 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. For affected units using any combination of the two fuels, the quantities of natural gas and LPG, calculated monthly as the sum of each consecutive 12-month period, shall not exceed values that will allow the following equation to hold true:
A x (1,000 Btu/ft3) + B x (94,000 Btu/gal) ≤ 72,878 x 106 Btu/yr
where:
A = Number of cubic feet of natural gas burned during any consecutive 12-month period.
B = Number of gallons of LPG burned during any consecutive 12-month period.
E. The combined SI affected unit or units located in a nonattainment area shall consume no more than 480,032 gallons of LPG or 45.12 x 106 cubic feet of natural gas 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. For affected units using any combination of the two fuels, the quantities of natural gas and LPG, calculated monthly as the sum of each consecutive 12-month period, shall not exceed values that will allow the following equation to hold true:
A x (1,000 Btu/ft3) + B x (94,000 Btu/gal) ≤ 45,123 x 106 Btu/yr
where:
A = Number of cubic feet of natural gas burned during any consecutive 12-month period.
B = Number of gallons of LPG burned during any consecutive 12-month period.
F. 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);
5. A statement that the biodiesel fuel complies with the American
Society for Testing and Materials specifications (ASTM D6751-09) [ for
S15 diesel fuel oil ]; and
6. The sulfur content of the diesel fuel or biodiesel fuel.