TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Fast-Track Regulation

Title of Regulation: 9VAC5-40. Existing Stationary Sources (repealing 9VAC5-40-1340 through 9VAC5-40-1510, 9VAC5-40-3560 through 9VAC5-40-3700).

Statutory Authority: § 10.1-1308 of the Code of Virginia.

Public Hearing Information: No public hearing is currently scheduled.

Public Comment Deadline: March 27, 2024.

Effective Date: April 11, 2024.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1973, or email karen.sabasteanski@deq.virginia.gov.

Basis: Section 10.1-1308 of the Code of Virginia authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollution in order to protect public health and welfare.

Purpose: Given that there are no longer any facilities subject to the provisions, there is no longer a need for the repealed provisions to remain on the books. Removing outdated regulations is important in order to maintain clarity and effectiveness of the regulations overall. This benefits public welfare in general in that it will contribute to a more efficient and effective functioning of government. Even if there were still affected sources in the state, the U.S. Environmental Protection Agency's regulations have become much more protective of public health and welfare since state regulations were originally promulgated in 1972. Any new petroleum refining or large appliance coating facilities locating in Virginia will now be subject to federal New Source Performance Standards, National Emission Standards for Hazardous Air Pollutants for Source Categories, and a suite of other permitting requirements implemented since 1972.

Rationale for Using Fast-Track Rulemaking Process: In order to determine the ongoing applicability of the regulation, a review of the Comprehensive Environmental Data System (CEDS) was made. CEDS is Virginia's air regulatory registration database. Facilities must register in this database all units to which a regulation of the board applies. This review revealed that two facility types covered by 9VAC5-40 no longer operate in the state: petroleum refinery operations and large appliance coating application systems. This rulemaking is expected to be noncontroversial and therefore appropriate for the fast-track rulemaking process because it repeals regulations for facilities that no longer exist.

Substance: The provisions of the regulation are no longer needed and are being repealed.

Issues: There are no direct impacts on public health as there are no longer any petroleum refineries or large appliance coating application systems emitting pollutants in the Commonwealth. There is a general benefit to the overall welfare of the public in that removing outdated regulations maintains clarity and effectiveness of the regulation overall, which in turn contributes to the efficient and effective functioning of government. The repeal allows the department to focus pollution reduction strategies on facilities that have a negative impact on human health and the environment. There are no disadvantages to the public or the agency or Commonwealth.

Department of Planning and Budget's Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. Following a periodic review,² the Air Pollution Control Board (board) proposes to repeal air quality regulatory requirements for petroleum refinery operations and large appliance coating application systems because there are no longer any affected facilities that are subject to these requirements.

Background. The regulatory requirements proposed for repeal apply primarily to certain emissions from two types of facilities. These are (i) particulate matter, sulfur dioxide, volatile organic compounds, and hydrogen sulfide from petroleum refineries and (ii) volatile organic compounds from large appliance coating application systems.

During the periodic review of these regulations, the Department of Environmental Quality (DEQ) determined that there are no longer any facilities in Virginia that are subject to these air quality standards. Furthermore, these requirements apply specifically to existing facilities. If, in the future, a petroleum refinery or a large appliance coating application systems facility starts up in Virginia, their emissions will be subject to the new source standards and regulations which are not being affected in this action. In other words, since there is no existing facility, and any new facility will be subject to requirements other than those being repealed in this action, there is and there will be no use for these regulatory requirements in practice.

Estimated Benefits and Costs. Since there is no current facility that these requirements apply to and any future facility will be subject to new source air quality requirements that are different and apart, no economic impact is expected from the proposed repeal of this essentially unneeded regulatory text other than shortening the length of Virginia Administrative Code.

Businesses and Other Entities Affected. DEQ reports that the last petroleum refinery closed in 2010. In addition, DEQ has no record that any business with large appliance coating application systems ever operated in Virginia.

The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.³ An adverse impact is indicated if there is any increase in net cost or reduction in net revenue for any entity, even if the benefits exceed the costs for all entities combined. As noted above, the proposal would repeal regulatory text that has no application currently or in the future. Thus, no adverse impact is indicated.

Small Businesses⁴ Affected.⁵ The proposed repeal does not adversely affect small businesses.

Localities⁶ Affected.⁷ The proposed repeal does not introduce costs for local governments nor disproportionately affect any locality.

Projected Impact on Employment. The proposed changes do not affect employment.

Effects on the Use and Value of Private Property. No impact on the use and value of private property nor real estate development costs is expected.

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¹Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

²https://townhall.virginia.gov/l/ViewPReview.cfm?PRid=2127

³Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁴Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁵If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁶"Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁷Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

As a result of periodic review and in accordance with Executive Directive One (2022) and Executive Order 19 (2022), the amendments repeal emission standards for petroleum refinery operations and for large appliance coating application systems. According to the Department of Environmental Quality's Comprehensive Environmental Data System database, no facilities located within the Commonwealth continue to be subject to these provisions, so the provisions are repealed as unnecessary.

Article 11

Emission Standards for Petroleum Refinery Operations (Rule 4-11) (Repealed)

9VAC5-40-1340. Applicability and designation of affected facility. (Repealed.)

A. The affected facilities in petroleum refineries to which the provisions of this article apply are: each petroleum catalytic cracking unit, each petroleum refinery component, each vacuum producing system, each wastewater separator, and each process unit turnaround.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

9VAC5-40-1350. Definitions. (Repealed.)

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 article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Condensate" means a hydrocarbon liquid separated from natural gas which condenses due to changes in the temperature or pressure or both and remains liquid at standard conditions.

"Crude oil" means a naturally occurring mixture which consists of any combination of hydrocarbons, sulfur, nitrogen or oxygen derivatives of hydrocarbons and which is a liquid at standard conditions.

"Firebox" means the chamber or compartment of a boiler or furnace in which materials are burned, but does not mean the combustion chamber of an incinerator.

"Gasoline" means any petroleum distillate having a Reid vapor pressure of four pounds per square inch or greater.

"Hot well" means the reservoir of a condensing unit receiving the warm condensate from the condenser.

"Petroleum liquids" means crude oil, condensate, and any finished or intermediate products manufactured or extracted in a petroleum refinery.

"Petroleum refinery" means any facility engaged in producing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants or other products through distillation of petroleum or through redistillation, cracking, rearrangement or reforming of unfinished petroleum derivatives.

"Petroleum refinery component" means any petroleum refinery component that could potentially leak volatile organic compounds to the atmosphere. Such components include, but are not limited to, pump seals, compressor seals, seal oil degassing vents, pipeline valves, flanges and other connections, pressure relief devices process drains and open ended pipes.

"Refinery fuel gas" means any gas which is generated by a petroleum refinery process unit and which is combusted, including any gaseous mixture of natural gas and fuel gas.

"Turnaround" means the procedure of shutting a refinery unit down after a run to do necessary maintenance and repair work and putting the unit back on stream.

"Vacuum producing system" means any reciprocating, rotary or centrifugal blower or compressor, or any jet ejector or device that takes suction from a pressure below atmospheric and discharges against atmospheric pressure.

"Wastewater separator" means any single or multiple compartment equipment which is designed to physically separate and remove any volatile organic compound floating on or entrained or contained in water entering such equipment from such water prior to outfall, drainage or recovery of such water.

9VAC5-40-1360. Standard for particulate matter. (Repealed.)

No owner or other person shall cause or permit to be discharged into the atmosphere from any petroleum catalytic cracking unit any particulate emissions in excess of 0.05% of the rate of catalyst recirculation within the unit.

9VAC5-40-1370. Standard for sulfur dioxide. (Repealed.)

No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any sulfur dioxide emissions in excess of an in-stack concentration of 2,000 ppm by volume.

9VAC5-40-1380. Standard for hydrogen sulfide. (Repealed.)

No owner or other person shall cause or permit to be discharged into the atmosphere from any refinery process gas stream any hydrogen sulfide emissions in excess of a concentration of 15 grains per 100 cubic feet of gas without burning or removing H₂S in excess of this concentration, provided that sulfur dioxide emissions in the burning operation meet the requirements of 9VAC5-40-1370.

9VAC5-40-1390. Standard for volatile organic compounds. (Repealed.)

A. Vacuum producing systems.

1. No owner or other person shall use or permit the use of a vacuum producing system unless such system is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 95% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision A 1 of this section by use of methods in 9VAC5-40-1400 A will be acceptable to the board.

B. Wastewater separators.

1. No owner or other person shall use or permit the use of any wastewater separator unless such separator is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 95% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision B 1 of this section by use of methods in 9VAC5-40-1400 B will be acceptable to the board.

C. Process unit turnarounds.

1. No owner or other person shall conduct or permit the conduct of a process unit turnaround unless such unit is equipped with a vapor control system that will remove, destroy or prevent the discharge into the atmosphere of at least 95% by weight of volatile organic compound emissions.

2. Achievement of the emission standard in subdivision C 1 of this section by use of methods in 9VAC5-40-1400 C will be acceptable to the board.

D. The provisions of this section apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

E. The provisions of this section do not apply to sources using petroleum liquids with a vapor pressure less than 1.5 pounds per square inch absolute under actual storage conditions or, in the case of loading or processing, under actual loading or processing conditions. (Kerosene and fuel oil used for household heating have vapor pressures of less than 1.5 pounds per square inch absolute under actual storage conditions; therefore, kerosene and fuel oil are not subject to the provisions of this section when used or stored at ambient temperatures).

9VAC5-40-1400. Control technology guidelines. (Repealed.)

A. Vacuum producing system. The control system should either vent noncondensable vapors to a firebox, incinerator or compress the vapors and add them to the refinery fuel gas. The associated hot wells should be covered and equipped with a vapor control system that incinerates the vapors.

B. Wastewater separators. The control system should consist of one of the following:

1. A solid cover with all openings sealed and totally enclosing the liquid contents of that compartment;

2. A floating pontoon or double-deck type cover, equipped with closure seals to enclose any space between the cover's edge and compartment wall; or

3. Any system of equal or greater control efficiency to the system in subsection B 1 or 2 of this section, provided such system is approved by the board.

C. Process unit turnaround. The units should be depressurized to a flare, fuel gas system or to some other combustion device before being opened for inspection or maintenance. Such units should be depressurized to five psi or below before venting to the atmosphere.

9VAC5-40-1410. Standard for visible emissions. (Repealed.)

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

9VAC5-40-1420. Standard for fugitive dust/emissions. (Repealed.)

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

B. For petroleum refineries located in volatile organic compound emission control areas designated in 9VAC5-20-206, the following requirements apply:

1. When any petroleum refinery component within the refinery complex is found to be leaking, the owner shall make every reasonable effort to repair the leak within 15 days. A leaking component is defined as one which has a volatile organic compound concentration exceeding 10,000 parts per million (ppm) when testing using procedures acceptable to the board.

2. Compliance with the above emission standard shall be determined based upon monitoring, records and reporting conducted by the owner using procedures acceptable to the board.

3. Any time a valve is located at the end of a pipe or line containing volatile organic compounds, the end of the line shall be sealed with a second valve, a blind flange, a plug or a cap. This sealing device may be removed only when the line is in use (i.e., when a sample is being taken). This requirement does not apply to safety pressure relief valves.

9VAC5-40-1430. Standard for odor. (Repealed.)

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

9VAC5-40-1440. Standard for toxic pollutants. (Repealed.)

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

9VAC5-40-1450. Compliance. (Repealed.)

The provisions of 9VAC5-40-20 (Compliance) apply.

9VAC5-40-1460. Test methods and procedures. (Repealed.)

The provisions of 9VAC5-40-30 (Emission Testing) apply.

9VAC5-40-1470. Monitoring. (Repealed.)

A. The provisions of 9VAC5-40-40 (Monitoring) apply.

B. Unless otherwise approved by the board, owners of process units specified in subsection C of this section shall install, calibrate, maintain and operate systems for continuously monitoring and recording specified emissions in accordance with 9VAC5-40-40 and 9VAC5-40-41.

C. Catalyst regenerators for fluid bed catalytic cracking units of greater than 20,000 barrels per day fresh feed capacity at petroleum refineries shall be monitored for opacity.

D. The continuous monitoring system shall be spanned at 60, 70 or 80% opacity.

9VAC5-40-1480. Notification, records and reporting. (Repealed.)

A. The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

B. For the purpose of reports required under 9VAC5-40-50 C, periods of excess emissions that shall be reported are defined as any one-hour period during which there are two or more six-minute periods when the average opacity exceeds 20%.

9VAC5-40-1490. Registration. (Repealed.)

The provisions of 9VAC5-20-160 (Registration) apply.

9VAC5-40-1500. Facility and control equipment maintenance or malfunction. (Repealed.)

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

9VAC5-40-1510. Permits. (Repealed.)

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

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.

Article 26

Emission Standards for Large Appliance Coating Application Systems (Rule 4-26) (Repealed)

9VAC5-40-3560. Applicability and designation of affected facility. (Repealed.)

A. Except as provided in subsection C of this section, the affected facility to which the provisions of this article apply is each large appliance coating application system.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5-20-206.

C. The provisions of this article do not apply to coating application systems used exclusively for determination of product quality and commercial acceptance provided:

1. The operation is not an integral part of the production process;

2. The emissions from all product quality coating application systems do not exceed 400 pounds in any 30 day period; and

3. The exemption is approved by the board.

9VAC5-40-3570. Definitions. (Repealed.)

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 article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.

C. Terms defined.

"Application area" means the area where the coating is applied by spraying, dipping or flow coating techniques.

"Carbon adsorption system" means a device containing activated carbon as the adsorbent material, an inlet and outlet for exhaust gases, and a system to regenerate the saturated adsorbent. The carbon adsorption system must provide for the proper disposal or reuse of all volatile organic compounds in the adsorbate.

"Coating applicator" means an apparatus used to apply a surface coating.

"Coating application system" means any operation or system where a surface coating of one type or function is applied, dried or cured and which is subject to the same emission standard. May include any equipment which applies, conveys, dries or cures a surface coating, including, but not limited to, spray booths, flow coaters, flashoff areas, air dryers, drying areas and ovens. It is not necessary for a coating application system to have an oven, flashoff area or drying area to be included in this definition.

"Flashoff area" means the space between the application area and the oven.

"Large appliance" means residential and commercial washers, dryers, ranges, refrigerators, freezers, water heaters, dishwashers, trash compactors, air conditioners and other similar metal products. Includes doors, cases, lids, panels and interior metal support parts.

"Oven" means a chamber within which heat is used to bake, cure, polymerize or dry a surface coating or any combination of those.

9VAC5-40-3580. Standard for volatile organic compounds. (Repealed.)

A. Prime or single coat application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any volatile organic compound in excess of 2.8 pounds per gallon of coating excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection A 1 of this section by use of methods in 9VAC5-40-3590 A will be acceptable to the board.

B. Topcoat or sound deadener application.

1. No owner or other person shall cause or permit the discharge into the atmosphere from any coating application system any volatile organic compound in excess of 2.8 pounds per gallon of coating, excluding water, as delivered by the coating applicator.

2. Achievement of the emission standard in subsection B 1 of this section by use of methods in 9VAC5-40-3590 B will be acceptable to the board.

C. This section shall not be applicable to the use of quick-drying lacquers for the repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed two quarts in any eight-hour period.

D. No owner or other person shall use any coating application system or equipment unless reasonable precautions are taken to minimize the discharge of emissions from cleaning or purging operations. Reasonable precautions may include the following:

1. The use of capture or control devices or both;

2. The use of detergents, high pressure water, or other non-volatile cleaning methods;

3. The minimization of the quantity of volatile organic compounds used to clean lines of equipment; or

4. The adjustment of production schedules to minimize coating changes thereby reducing the need for frequent cleaning or purging of a system.

9VAC5-40-3590. Control technology guidelines. (Repealed.)

A. Prime or single coat application. The control technology should consist of one or more of the following:

1. Use of electrodeposited waterborne coatings.

2. Use of other waterborne coatings.

3. Use of high-solids coatings.

4. Use of powder coatings.

5. Carbon adsorption.

6. Incineration.

7. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3580 A 1, provided such technology is approved by the board.

B. Topcoat or sound deadener application. The control technology should consist of one or more of the following:

1. Use of waterborne coatings.

2. Use of high-solids coatings.

3. Use of powder coatings.

4. Carbon adsorption.

5. Incineration.

6. Any technology of equal or greater control efficiency when compared to the use of a coating complying with 9VAC5-40-3580 B 1, provided such technology is approved by the board.

9VAC5-40-3600. Standard for visible emissions. (Repealed.)

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

9VAC5-40-3610. Standard for fugitive dust/emissions. (Repealed.)

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

9VAC5-40-3620. Standard for odor. (Repealed.)

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 4-2) apply.

9VAC5-40-3630. Standard for toxic pollutants. (Repealed.)

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.

9VAC5-40-3640. Compliance. (Repealed.)

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-3580 apply coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of volatile organic compounds per gallon solids or pounds of volatile organic compounds per gallon solids applied according to the applicable procedure in 9VAC5-20-121. Compliance may also be based on transfer efficiency greater than the board accepted baseline transfer efficiency if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5-20-121.

9VAC5-40-3650. Test methods and procedures. (Repealed.)

The provisions of 9VAC5-40-30 (Emission Testing) apply.

9VAC5-40-3660. Monitoring. (Repealed.)

The provisions of 9VAC5-40-40 (Monitoring) apply.

9VAC5-40-3670. Notification, records and reporting. (Repealed.)

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

9VAC5-40-3680. Registration. (Repealed.)

The provisions of 9VAC5-20-160 (Registration) apply.

9VAC5-40-3690. Facility and control equipment maintenance or malfunction. (Repealed.)

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply.

9VAC5-40-3700. Permits. (Repealed.)

A permit may be required prior to beginning any of the activities specified below and the provisions of 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. Owners contemplating such action should contact the appropriate regional office for guidance.

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.