TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The
following regulatory action is exempt from Article 2 of 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 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: 9VAC5-20. General Provisions (amending 9VAC5-20-21).
9VAC5-40. Existing Stationary Sources (amending 9VAC5-40-5970).
9VAC5-50. New and Modified Stationary Sources (amending 9VAC5-50-400, 9VAC5-50-410).
9VAC5-60. Hazardous Air Pollutant Sources (amending 9VAC5-60-60, 9VAC5-60-90).
Statutory Authority:
§ 10.1-1308 of the Code of Virginia; §§ 108, 109,
110, and 182 of the Clean Air Act; 40 CFR Parts 50, 53, and 58 (9VAC5-20-21).
§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123,
129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60
(9VAC5-40-5970, 9VAC5-50-400, 9VAC5-50-410, 9VAC5-60-60, 9VAC5-60-90).
Effective Date: November 11, 2020.
Agency Contact: Karen G. Sabasteanski, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4178, or email karen.sabasteanski@deq.virginia.gov.
Summary:
The amendments (i) update references to certain federal
regulations to reflect the Code of Federal Regulations as published on July 1,
2020; (ii) add two new source performance standards, Subpart XXX (Municipal
Solid Waste Landfills that Commenced Construction, Reconstruction, or
Modification After July 17, 2014) and Subpart OOOOa (Crude Oil and Natural Gas
Facilities for which Construction, Modification, or Reconstruction Commenced
after September 18, 2015) of 40 CFR Part 60; (iii) remove an outdated reference
to a specific version of a federal code citation relating to Article 43.1
(9VAC5-40-5925 et seq.) of 9VAC5-40; and (iv) update and correct an internal
reference to a federal standard affecting a specific stationary source
(landfills).
9VAC5-20-21. Documents incorporated by reference.
A. The Administrative Process Act and Virginia Register Act
provide that state regulations may incorporate documents by reference.
Throughout these regulations, documents of the types specified below have been
incorporated by reference.
1. United States Code.
2. Code of Virginia.
3. Code of Federal Regulations.
4. Federal Register.
5. Technical and scientific reference documents.
Additional information on key federal regulations and
nonstatutory documents incorporated by reference and their availability may be
found in subsection E of this section.
B. Any reference in these regulations to any provision of the
Code of Federal Regulations (CFR) shall be considered as the adoption by
reference of that provision. The specific version of the provision adopted by
reference shall be that contained in the CFR (2016) (2020) in
effect July 1, 2016 2020. For the purposes of Article 43.1
(9VAC5-40-5925 et seq.) of 9VAC5-40 (Existing Stationary Sources), EPA
regulations promulgated at Subpart Cf (40 CFR 60.30f et seq., Emission
Guidelines and Compliance Times for Municipal Solid Waste Landfills) of 40 CFR
Part 60, as published in the Federal Register of August 29, 2016 (81 FR 59276)
and effective on October 28, 2016, is the version incorporated by reference
into this article and Article 43.1. In making reference to the Code of
Federal Regulations, 40 CFR Part 35 means Part 35 of Title 40 of the Code of
Federal Regulations; 40 CFR 35.20 means § 35.20 in Part 35 of Title 40 of
the Code of Federal Regulations.
C. Failure to include in this section any document referenced
in the regulations shall not invalidate the applicability of the referenced
document.
D. Copies of materials incorporated by reference in this
section may be examined by the public at the central office of the Department
of Environmental Quality, 1111 East Main Street, Suite 1400, Richmond,
Virginia, between 8:30 a.m. and 4:30 p.m. of each business day.
E. Information on federal regulations and nonstatutory
documents incorporated by reference and their availability may be found below
in this subsection.
1. Code of Federal Regulations.
a. The provisions specified below from the Code of Federal
Regulations (CFR) are incorporated herein by reference.
(1) 40 CFR Part 50 -- National Primary and Secondary Ambient
Air Quality Standards.
(a) Appendix A-1 -- Reference Measurement Principle and
Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere
(Ultraviolet Fluorescence Method).
(b) Appendix A-2 -- Reference Method for the Determination of
Sulfur Dioxide in the Atmosphere (Pararosaniline Method).
(c) Appendix B -- Reference Method for the Determination of
Suspended Particulate Matter in the Atmosphere (High-Volume Method).
(d) Appendix C -- Measurement Principle and Calibration
Procedure for the Continuous Measurement of Carbon Monoxide in the Atmosphere
(Non-Dispersive Infrared Photometry).
(e) Appendix D -- Measurement Principle and Calibration
Procedure for the Measurement of Ozone in the Atmosphere.
(f) Appendix E -- Reserved.
(g) Appendix F -- Measurement Principle and Calibration
Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase
Chemiluminescence).
(h) Appendix G -- Reference Method for the Determination of
Lead in Suspended Particulate Matter Collected from Ambient Air.
(i) Appendix H -- Interpretation of the National Ambient Air
Quality Standards for Ozone.
(j) Appendix I -- Interpretation of the 8-Hour Primary and
Secondary National Ambient Air Quality Standards for Ozone.
(k) Appendix J -- Reference Method for the Determination of
Particulate Matter as PM10 in the Atmosphere.
(l) Appendix K -- Interpretation of the National Ambient Air
Quality Standards for Particulate Matter.
(m) Appendix L -- Reference Method for the Determination of
Fine Particulate Matter as PM2.5 in the Atmosphere.
(n) Appendix M -- Reserved.
(o) Appendix N -- Interpretation of the National Ambient Air
Quality Standards for PM2.5.
(p) Appendix O -- Reference Method for the Determination of
Coarse Particulate Matter as PM in the Atmosphere.
(q) Appendix P -- Interpretation of the Primary and Secondary
National Ambient Air Quality Standards for Ozone.
(r) Appendix Q -- Reference Method for the Determination of
Lead in Suspended Particulate Matter as PM10 Collected from Ambient
Air.
(s) Appendix R -- Interpretation of the National Ambient Air
Quality Standards for Lead.
(t) Appendix S -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide).
(u) Appendix T -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide).
(v) Appendix U -- Interpretation of the Primary and Secondary
National Ambient Air Quality Standards for Ozone.
(2) 40 CFR Part 51 -- Requirements for Preparation, Adoption,
and Submittal of Implementation Plans.
(a) Appendix M -- Recommended Test Methods for State
Implementation Plans.
(b) Appendix S -- Emission Offset Interpretive Ruling.
(c) Appendix W -- Guideline on Air Quality Models (Revised).
(d) Appendix Y -- Guidelines for BART Determinations Under the
Regional Haze Rule.
(3) 40 CFR Part 55 -- Outer Continental Shelf Air Regulations,
except for §§ 55.5, 55.11, and 55.12.
(4) 40 CFR Part 58 -- Ambient Air Quality Surveillance.
Appendix A -- Quality Assurance Requirements for SLAMS, SPMs
and PSD Air Monitoring.
(5) 40 CFR Part 59 -- National Volatile Organic Compound
Emission Standards for Consumer and Commercial Products.
(a) Subpart C -- National Volatile Organic Compound Emission
Standards for Consumer Products.
(b) Subpart D -- National Volatile Organic Compound Emission
Standards for Architectural Coatings, Appendix A -- Determination of Volatile
Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking
Coatings.
(6) 40 CFR Part 60 -- Standards of Performance for New
Stationary Sources.
The specific provisions of 40 CFR Part 60 incorporated by
reference are found in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5-50
(New and Modified Stationary Sources).
(7) 40 CFR Part 61 -- National Emission Standards for
Hazardous Air Pollutants.
The specific provisions of 40 CFR Part 61 incorporated by
reference are found in Article 1 (9VAC5-60-60 et seq.) of Part II of 9VAC5-60
(Hazardous Air Pollutant Sources).
(8) 40 CFR Part 63 -- National Emission Standards for
Hazardous Air Pollutants for Source Categories.
The specific provisions of 40 CFR Part 63 incorporated by
reference are found in Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5-60
(Hazardous Air Pollutant Sources).
(9) 40 CFR Part 64 -- Compliance Assurance Monitoring.
(10) 40 CFR Part 72 -- Permits Regulation.
(11) 40 CFR Part 73 -- Sulfur Dioxide Allowance System.
(12) 40 CFR Part 74 -- Sulfur Dioxide Opt-Ins.
(13) 40 CFR Part 75 -- Continuous Emission Monitoring.
(14) 40 CFR Part 76 -- Acid Rain Nitrogen Oxides Emission
Reduction Program.
(15) 40 CFR Part 77 -- Excess Emissions.
(16) 40 CFR Part 78 -- Appeal Procedures for Acid Rain
Program.
(17) 40 CFR Part 152 Subpart I -- Classification of
Pesticides.
(18) 49 CFR Part 172 -- Hazardous Materials Table. Special
Provisions, Hazardous Materials Communications, Emergency Response Information,
and Training Requirements, Subpart E, Labeling.
(19) 29 CFR Part 1926 Subpart F -- Fire Protection and
Prevention.
b. Copies may be obtained from Superintendent of Documents,
P.O. Box 371954, Pittsburgh, PA 15250-7954; telephone (202) 783-3238.
2. U.S. Environmental Protection Agency.
a. The following documents from the U.S. Environmental
Protection Agency are incorporated herein by reference:
(1) Reich Test, Atmospheric Emissions from Sulfuric Acid
Manufacturing Processes, Public Health Service Publication No. PB82250721,
1980.
(2) Compilation of Air Pollutant Emission Factors (AP-42).
Volume I: Stationary and Area Sources, stock number 055-000-00500-1, 1995;
Supplement A, stock number 055-000-00551-6, 1996; Supplement B, stock number
055-000-00565, 1997; Supplement C, stock number 055-000-00587-7, 1997;
Supplement D, 1998; Supplement E, 1999.
(3) "Guidelines for Determining Capture Efficiency"
(GD-35), Emissions Monitoring and Analysis Division, Office of Air Quality
Planning and Standards, January 9, 1995.
b. Copies of the document identified in subdivision E 2 a (1)
of this section, and Volume I and Supplements A through C of the document
identified in subdivision E 2 a (2) of this section, may be obtained from U.S.
Department of Commerce, National Technical Information Service, 5285 Port Royal
Road, Springfield, VA 22161; telephone 1-800-553-6847. Copies
of Supplements D and E of the document identified in subdivision E 2 a (2) of
this section may be obtained online from EPA's Technology Transfer Network at
http://www.epa.gov/ttn/index.html. Copies of the document identified in
subdivision E 2 a (3) of this section are only available online from EPA's
Technology Transfer Network at http://www.epa.gov/ttn/emc/guidlnd.html.
3. United States government.
a. The following document from the United States government is
incorporated herein by reference: Standard Industrial Classification Manual,
1987 (U.S. Government Printing Office stock number 041-001-00-314-2).
b. Copies may be obtained from Superintendent of Documents,
P.O. Box 371954, Pittsburgh, PA 15250-7954; telephone (202) 512-1800.
4. American Society for Testing and Materials (ASTM).
a. The documents specified below from the American Society for
Testing and Materials are incorporated herein by reference.
(1) D323-99a, "Standard Test Method for Vapor
Pressure of Petroleum Products (Reid Method)."
(2) D97-96a, "Standard Test Method for Pour Point
of Petroleum Products."
(3) D129-00, "Standard Test Method for Sulfur in
Petroleum Products (General Bomb Method)."
(4) D388-99, "Standard Classification of Coals by
Rank."
(5) D396-98, "Standard Specification for Fuel
Oils."
(6) D975-98b, "Standard Specification for Diesel
Fuel Oils."
(7) D1072-90(1999), "Standard Test Method for Total
Sulfur in Fuel Gases."
(8) D1265-97, "Standard Practice for Sampling
Liquefied Petroleum (LP) Gases (Manual Method)."
(9) D2622-98, "Standard Test Method for Sulfur in
Petroleum Products by Wavelength Dispersive X-Ray Fluorescence
Spectrometry."
(10) D4057-95(2000), "Standard Practice for Manual
Sampling of Petroleum and Petroleum Products."
(11) D4294-98, "Standard Test Method for Sulfur in
Petroleum and Petroleum Products by Energy-Dispersive X-Ray Fluorescence
Spectroscopy."
(12) D523-89, "Standard Test Method for Specular
Gloss" (1999).
(13) D1613-02, "Standard Test Method for Acidity in
Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer
and Related Products" (2002).
(14) D1640-95, "Standard Test Methods for Drying,
Curing, or Film Formation of Organic Coatings at Room Temperature" (1999).
(15) E119-00a, "Standard Test Methods for Fire
Tests of Building Construction Materials" (2000).
(16) E84-01, "Standard Test Method for Surface
Burning Characteristics of Building Construction Materials" (2001).
(17) D4214-98, "Standard Test Methods for
Evaluating the Degree of Chalking of Exterior Paint Films" (1998).
(18) D86-04b, "Standard Test Method for
Distillation of Petroleum Products at Atmospheric Pressure" (2004).
(19) D4359-90, "Standard Test Method for
Determining Whether a Material is a Liquid or a Solid" (reapproved 2000).
(20) E260-96, "Standard Practice for Packed Column
Gas Chromatography" (reapproved 2001).
(21) D3912-95, "Standard Test Method for Chemical
Resistance of Coatings Used in Light-Water Nuclear Power Plants"
(reapproved 2001).
(22) D4082-02, "Standard Test Method for Effects of
Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants."
(23) F852-99, "Standard Specification for Portable
Gasoline Containers for Consumer Use" (reapproved 2006).
(24) F976-02, "Standard Specification for Portable
Kerosine and Diesel Containers for Consumer Use."
(25) D4457-02, "Standard Test Method for
Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and
Coatings by Direct Injection into a Gas Chromatograph" (reapproved 2008).
(26) D3792-05, "Standard Test Method for Water
Content of Coatings by Direct Injection Into a Gas Chromatograph."
(27) D2879-97, "Standard Test Method for Vapor
Pressure-Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope" (reapproved 2007).
b. Copies may be obtained from American Society for Testing
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; telephone
(610) 832-9585.
5. American Petroleum Institute (API).
a. The following document from the American Petroleum
Institute is incorporated herein by reference: Evaporative Loss from Floating
Roof Tanks, API MPMS Chapter 19, April 1, 1997.
b. Copies may be obtained from American Petroleum Institute,
1220 L Street, Northwest, Washington, DC 20005; telephone (202) 682-8000.
6. American Conference of Governmental Industrial Hygienists
(ACGIH).
a. The following document from the ACGIH is incorporated
herein by reference: 1991-1992 Threshold Limit Values for Chemical
Substances and Physical Agents and Biological Exposure Indices (ACGIH
Handbook).
b. Copies may be obtained from ACGIH, 1330 Kemper Meadow
Drive, Suite 600, Cincinnati, OH 45240; telephone (513) 742-2020.
7. National Fire Prevention Association (NFPA).
a. The documents specified below from the National Fire
Prevention Association are incorporated herein by reference.
(1) NFPA 385, Standard for Tank Vehicles for Flammable and
Combustible Liquids, 2000 Edition.
(2) NFPA 30, Flammable and Combustible Liquids Code, 2000
Edition.
(3) NFPA 30A, Code for Motor Fuel Dispensing Facilities and
Repair Garages, 2000 Edition.
b. Copies may be obtained from the National Fire Prevention
Association, One Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101;
telephone (617) 770-3000.
8. American Society of Mechanical Engineers (ASME).
a. The documents specified below from the American Society of
Mechanical Engineers are incorporated herein by reference.
(1) ASME Power Test Codes: Test Code for Steam Generating
Units, Power Test Code 4.1-1964 (R1991).
(2) ASME Interim Supplement 19.5 on Instruments and Apparatus:
Application, Part II of Fluid Meters, 6th edition (1971).
(3) Standard for the Qualification and Certification of
Resource Recovery Facility Operators, ASME QRO-1-1994.
b. Copies may be obtained from the American Society of
Mechanical Engineers, Three Park Avenue, New York, NY 10016; telephone (800)
843-2763.
9. American Hospital Association (AHA).
a. The following document from the American Hospital
Association is incorporated herein by reference: An Ounce of Prevention: Waste
Reduction Strategies for Health Care Facilities, AHA Catalog no. W5-057007,
1993.
b. Copies may be obtained from American Hospital Association,
One North Franklin, Chicago, IL 60606; telephone (800) 242-2626.
10. Bay Area Air Quality Management District (BAAQMD).
a. The following documents from the Bay Area Air Quality
Management District are incorporated herein by reference:
(1) Method 41, "Determination of Volatile Organic
Compounds in Solvent-Based Coatings and Related Materials Containing
Parachlorobenzotrifluoride" (December 20, 1995).
(2) Method 43, "Determination of Volatile Methylsiloxanes
in Solvent-Based Coatings, Inks, and Related Materials" (November 6,
1996).
b. Copies may be obtained from Bay Area Air Quality Management
District, 939 Ellis Street, San Francisco, CA 94109, telephone (415) 771-6000.
11. South Coast Air Quality Management District (SCAQMD).
a. The following documents from the South Coast Air Quality
Management District are incorporated herein by reference:
(1) Method 303-91, "Determination of Exempt
Compounds," in Manual SSMLLABM, "Laboratory Methods of Analysis for
Enforcement Samples" (1996).
(2) Method 318-95, "Determination of Weight Percent
Elemental Metal in Coatings by X-Ray Diffraction," in Manual SSMLLABM,
"Laboratory Methods of Analysis for Enforcement Samples" (1996).
(3) Rule 1174 Ignition Method Compliance Certification
Protocol (February 28, 1991).
(4) Method 304-91, "Determination of Volatile
Organic Compounds (VOC) in Various Materials," in Manual SSMLLABM,
"Laboratory Methods of Analysis for Enforcement Samples" (1996).
(5) Method 316A-92, "Determination of Volatile
Organic Compounds (VOC) in Materials Used for Pipes and Fittings" in
Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement
Samples" (1996).
(6) "General Test Method for Determining Solvent Losses
from Spray Gun Cleaning Systems," October 3, 1989.
b. Copies may be obtained from South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, telephone
(909) 396-2000.
12. California Air Resources Board (CARB).
a. The following documents from the California Air Resources
Board are incorporated herein by reference:
(1) Test Method 510, "Automatic Shut-Off Test Procedure
for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).
(2) Test Method 511, "Automatic Closure Test Procedure
for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).
(3) Method 100, "Procedures for Continuous Gaseous
Emission Stack Sampling" (July 28, 1997).
(4) Test Method 513, "Determination of Permeation Rate
for Spill-Proof Systems" (July 6, 2000).
(5) Method 310, "Determination of Volatile Organic
Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol
Coating Products (Including Appendices A and B)" (May 5, 2005).
(6) California Code of Regulations, Title 17, Division 3,
Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).
(7) California Code of Regulations, Title 17, Division 3,
Chapter 1, Subchapter 8.5, Article 2, §§ 94509 and 94511 (2003).
(8) California Code of Regulations, Title 17, Division 3,
Chapter 1, Subchapter 8.5, Article 4, §§ 94540-94555 (2003).
(9) "Certification Procedure 501 for Portable Fuel
Containers and Spill-Proof Spouts, CP-501" (July 26, 2006).
(10) "Test Procedure for Determining Integrity of
Spill-Proof Spouts and Spill-Proof Systems, TP-501" (July 26, 2006).
(11) "Test Procedure for Determining Diurnal Emissions
from Portable Fuel Containers, TP-502" (July 26, 2006).
b. Copies may be obtained from California Air Resources Board,
P.O. Box 2815, Sacramento, CA 95812, telephone (906) 322-3260 or (906)
322-2990.
13. American Architectural Manufacturers Association.
a. The following documents from the American Architectural
Manufacturers Association are incorporated herein by reference:
(1) Voluntary Specification 2604-02, "Performance
Requirements and Test Procedures for High Performance Organic Coatings on
Aluminum Extrusions and Panels" (2002).
(2) Voluntary Specification 2605-02, "Performance
Requirements and Test Procedures for Superior Performing Organic Coatings on
Aluminum Extrusions and Panels" (2002).
b. Copies may be obtained from American Architectural
Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL
60173, telephone (847) 303-5664.
14. American Furniture
Manufacturers Association.
a. The following document from the American Furniture
Manufacturers Association is incorporated herein by reference: Joint Industry
Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric
Standards and Guidelines (January 2001).
b. Copies may be obtained from American Furniture
Manufacturers Association, P.O. Box HP-7, High Point, NC 27261; telephone (336)
884-5000.
15. Petroleum Equipment Institute.
a. The following document from the Petroleum Equipment
Institute is incorporated herein by reference: Recommended Practices for
Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites,
PEI/RP300-09 (2009).
b. Copies may be obtained from Petroleum Equipment Institute,
6931 S. 66th E. Avenue, Suite 310, Tulsa, OK 74133; telephone (918) 494-9696;
www.pei.org.
16. American Architectural Manufacturers Association (AAMA).
a. The following documents from the American Architectural
Manufacturers Association are incorporated herein by reference:
(1) Voluntary Specification, Performance Requirements and Test
Procedures for High Performance Organic Coatings on Aluminum Extrusions and
Panels, publication number AAMA 2604-05.
(2) Voluntary Specification, Performance Requirements and Test
Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and
Panels, publication number AAMA 2605-05.
b. Copies may be obtained from American Architectural
Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL
60173-4268; telephone (847) 303-5774.
9VAC5-40-5970. Reporting and recordkeeping.
A. With regard to the emissions standards in 9VAC5-40-5940
and 9VAC5-40-5945, the provisions of 9VAC5-40-50 (Notification, records and
reporting) apply.
B. With regard to the emission limits in 9VAC5-40-5935 and
9VAC5-40-5955, the following provisions apply:
1. 9VAC5-40-50 F and H;
2. 40 CFR 60.7; and
3. 40 CFR 60.38f(a) through (m) (n) except as
provided in 40 CFR 60.24 and 40 CFR 60.38f(d)(2), and 40 CFR 60.39f(a) through
(j).
Article 5
Environmental Protection Agency Standards of Performance for New Stationary
Sources (Rule 5-5)
9VAC5-50-400. General.
The U.S. Environmental Protection Agency Regulations on
Standards of Performance for New Stationary Sources (NSPSs), as promulgated in
40 CFR Part 60 and designated in 9VAC5-50-410 are, unless indicated otherwise,
incorporated by reference into the regulations of the board as amended by the
word or phrase substitutions given in 9VAC5-50-420. The complete text of the
subparts in 9VAC5-50-410 incorporated in this regulation by reference is
contained in 40 CFR Part 60. The 40 CFR section numbers appearing under each
subpart in 9VAC5-50-410 identify the specific provisions of the subpart
incorporated by reference. The specific version of the provision adopted by
reference shall be that contained in the CFR (2019) (2020) in
effect July 1, 2019 2020. In making reference to the Code of
Federal Regulations, 40 CFR Part 60 means Part 60 of Title 40 of the Code of
Federal Regulations; 40 CFR 60.1 means 60.1 in Part 60 of Title 40 of the Code
of Federal Regulations.
9VAC5-50-410. Designated standards of performance.
Subpart A - General Provisions.
40 CFR 60.1 through 40 CFR 60.3, 40 CFR 60.7, 40 CFR 60.8, 40
CFR 60.11 through 40 CFR 60.15, 40 CFR 60.18 through 40 CFR 60.19
(applicability, definitions, units and abbreviations,
notification and recordkeeping, performance tests, compliance, circumvention,
monitoring requirements, modification, reconstruction, general control device
requirements, and general notification and reporting requirements)
Subpart B - Not applicable.
Subpart C - Not applicable.
Subpart Ca - Reserved.
Subpart Cb - Not applicable.
Subpart Cc - Not applicable.
Subpart Cd - Not applicable.
Subpart Ce - Not applicable.
Subpart D - Fossil Fuel-Fired Steam Generators.
40 CFR 60.40 through 40 CFR 60.46
(fossil fuel-fired steam generating units of more than 250
million Btu per hour heat input rate and fossil fuel-fired and wood
residue-fired steam generating units capable of firing fossil fuel at a heat
input rate of more than 250 million Btu per hour)
Subpart Da - Electric Utility
Steam Generating Units.
40 CFR 60.40Da through 40 CFR 60.52Da
(electric utility steam generating units capable of combusting
more than 250 million Btu per hour heat input of fossil fuel (either alone or
in combination with any other fuel), and for which construction,
reconstruction, or modification is commenced after September 18, 1978)
Subpart Db - Industrial-Commercial-Institutional Steam
Generating Units.
40 CFR 60.40b through 40 CFR 60.49b
(industrial-commercial-institutional steam generating units
which have a heat input capacity from combusted fuels of more than 100 million
Btu per hour)
Subpart Dc - Small Industrial-Commercial-Institutional Steam
Generating Units.
40 CFR 60.40c through 40 CFR 60.48c
(industrial-commercial-institutional steam generating units
which have a heat input capacity of 100 million Btu per hour or less, but
greater than or equal to 10 million Btu per hour)
Subpart E - Incinerators.
40 CFR 60.50 through 40 CFR 60.54
(incinerator units of more than 50 tons per day charging rate)
Subpart Ea - Municipal Waste Combustors for which Construction
is Commenced after December 20, 1989, and on or before September 20, 1994.
40 CFR 60.50a through 40 CFR 60.59a
(municipal waste combustor units with a capacity greater than
250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Eb - Large Municipal Combustors for which Construction
is Commenced after September 20, 1994, or for which Modification or Reconstruction
is Commenced after June 19, 1996.
40 CFR 60.50b through 40 CFR 60.59b
(municipal waste combustor units with a capacity greater than
250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Ec - Hospital/Medical/Infectious Waste Incinerators for
which Construction is Commenced after June 20, 1996.
40 CFR 60.50c through 40 CFR 60.58c
(hospital/medical/infectious waste incinerators that combust
any amount of hospital waste and medical/infectious waste or both)
Subpart F - Portland Cement Plants.
40 CFR 60.60 through 40 CFR 60.66
(kilns, clinker coolers, raw mill systems, finish mill
systems, raw mill dryers, raw material storage, clinker storage, finished
product storage, conveyor transfer points, bagging and bulk loading and
unloading systems)
Subpart G - Nitric Acid Plants.
40 CFR 60.70 through 40 CFR 60.74
(nitric acid production units)
Subpart Ga - Nitric Acid Plants for which Construction,
Reconstruction, or Modification Commenced after October 14, 2011.
40 CFR 60.70a through 40 CFR 60.77a
(nitric acid production units producing weak nitric acid by
either the pressure or atmospheric pressure process)
Subpart H - Sulfuric Acid Plants.
40 CFR 60.80 through 40 CFR 60.85
(sulfuric acid production units)
Subpart I - Hot Mix Asphalt Facilities.
40 CFR 60.90 through 40 CFR 60.93
(dryers; systems for screening, handling, storing and weighing
hot aggregate; systems for loading, transferring and storing mineral filler;
systems for mixing asphalt; and the loading, transfer and storage systems
associated with emission control systems)
Subpart J - Petroleum Refineries.
40 CFR 60.100 through 40 CFR 60.106
(fluid catalytic cracking unit catalyst regenerators, fluid
catalytic cracking unit incinerator-waste heat boilers and fuel gas combustion
devices)
Subpart Ja - Petroleum Refineries for which Construction,
Reconstruction, or Modification Commenced after May 14, 2007.
40 CFR 60.100a through 40 CFR 60.109a
(fluid catalytic cracking units, fluid coking units, delayed
coking units, fuel gas combustion devices, including flares and process
heaters, and sulfur recovery plants)
Subpart K - Storage Vessels for Petroleum Liquids for which
Construction, Reconstruction, or Modification Commenced after June 11, 1973,
and prior to May 19, 1978.
40 CFR 60.110 through 40 CFR 60.113
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Ka - Storage Vessels for Petroleum Liquids for which
Construction, Reconstruction, or Modification Commenced after May 18, 1978, and
prior to July 23, 1984.
40 CFR 60.110a through 40 CFR 60.115a
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Kb - Volatile Organic Liquid Storage Vessels (Including
Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or
Modification Commenced after July 23, 1984.
40 CFR 60.110b through 40 CFR 60.117b
(storage vessels with capacity greater than or equal to 10,566
gallons)
Subpart L - Secondary Lead Smelters.
40 CFR 60.120 through 40 CFR 60.123
(pot furnaces of more than 550 pound charging capacity, blast
(cupola) furnaces and reverberatory furnaces)
Subpart M - Secondary Brass and Bronze Production Plants.
40 CFR 60.130 through 40 CFR 60.133
(reverberatory and electric furnaces of 2205 pound or greater
production capacity and blast (cupola) furnaces of 550 pounds per hour or
greater production capacity)
Subpart N - Primary Emissions from Basic Oxygen Process
Furnaces for which Construction is Commenced after June 11, 1973.
40 CFR 60.140 through 40 CFR 60.144
(basic oxygen process furnaces)
Subpart Na - Secondary Emissions from Basic Oxygen Process
Steelmaking Facilities for which Construction is Commenced after January 20,
1983.
40 CFR 60.140a through 40 CFR 60.145a
(facilities in an iron and steel plant: top-blown BOPFs and
hot metal transfer stations and skimming stations used with bottom-blown or
top-blown BOPFs)
Subpart O - Sewage Treatment Plants.
40 CFR 60.150 through 40 CFR 60.154
(incinerators that combust wastes containing more than 10%
sewage sludge (dry basis) produced by municipal sewage treatment plants or
incinerators that charge more than 2205 pounds per day municipal sewage sludge
(dry basis))
Subpart P - Primary Copper Smelters.
40 CFR 60.160 through 40 CFR 60.166
(dryers, roasters, smelting furnaces, and copper converters)
Subpart Q - Primary Zinc Smelters.
40 CFR 60.170 through 40 CFR 60.176
(roasters and sintering machines)
Subpart R - Primary Lead Smelters
40 CFR 60.180 through 40 CFR 60.186
(sintering machines, sintering machine discharge ends, blast
furnaces, dross reverberatory furnaces, electric smelting furnaces and
converters)
Subpart S - Primary Aluminum Reduction Plants.
40 CFR 60.190 through 40 CFR 60.195
(potroom groups and anode bake plants)
Subpart T - Phosphate Fertilizer Industry: Wet-Process
Phosphoric Acid Plants.
40 CFR 60.200 through 40 CFR 60.205
(reactors, filters, evaporators, and hot wells)
Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid
Plants.
40 CFR 60.210 through 40 CFR 60.215
(evaporators, hot wells, acid sumps, and cooling tanks)
Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate
Plants.
40 CFR 60.220 through 40 CFR 60.225
(reactors, granulators, dryers, coolers, screens, and mills)
Subpart W - Phosphate Fertilizer Industry: Triple
Superphosphate Plants.
40 CFR 60.230 through 40 CFR 60.235
(mixers, curing belts (dens), reactors, granulators, dryers,
cookers, screens, mills, and facilities which store run-of-pile triple
superphosphate)
Subpart X - Phosphate Fertilizer Industry: Granular Triple
Superphosphate Storage Facilities.
40 CFR 60.240 through 40 CFR 60.245
(storage or curing piles, conveyors, elevators, screens and
mills)
Subpart Y - Coal Preparation and Processing Plants.
40 CFR 60.250 through 40 CFR 60.258
(plants which process more than 200 tons per day: thermal
dryers, pneumatic coal-cleaning equipment (air tables), coal processing and
conveying equipment (including breakers and crushers), coal storage systems,
and coal transfer and loading systems)
Subpart Z - Ferroalloy Production Facilities.
40 CFR 60.260 through 40 CFR 60.266
(electric submerged arc furnaces which produce silicon metal,
ferrosilicon, calcium silicon, silicomanganese zirconium, ferrochrome silicon,
silvery iron, high-carbon ferrochrome, charge chrome, standard ferromanganese,
silicomanganese, ferromanganese silicon or calcium carbide; and dust-handling
equipment)
Subpart AA - Steel Plants: Electric Arc Furnaces Constructed
after October 21, 1974, and on or before August 17, 1983.
40 CFR 60.270 through 40 CFR 60.276
(electric arc furnaces and dust-handling systems that produce
carbon, alloy or specialty steels)
Subpart AAa - Steel Plants: Electric Arc Furnaces and
Argon-Oxygen Decarburization Vessels Constructed after August 17, 1983.
40 CFR 60.270a through 40 CFR 60.276a
(electric arc furnaces, argon-oxygen decarburization vessels,
and dust-handling systems that produce carbon, alloy, or specialty steels)
Subpart BB - Kraft Pulp Mills.
40 CFR 60.280 through 40 CFR 60.285
(digester systems, brown stock washer systems, multiple effect
evaporator systems, black liquor oxidation systems, recovery furnaces, smelt
dissolving tanks, lime kilns, condensate strippers and kraft pulping
operations)
Subpart BBa - Kraft Pulp Mill Affected Sources for which
Construction, Reconstruction, or Modification Commenced after May 23, 2013.
40 CFR 60.280a through 40 CFR 60.288a
(digester systems, brown stock washer systems, multiple effect
evaporator systems, black liquor oxidation systems, recovery furnaces, smelt
dissolving tanks, lime kilns, condensate strippers, and kraft pulping
operations)
Subpart CC - Glass Manufacturing Plants.
40 CFR 60.290 through 40 CFR 60.296
(glass melting furnaces)
Subpart DD - Grain Elevators.
40 CFR 60.300 through 40 CFR 60.304
(grain terminal elevators/grain storage elevators: truck
unloading stations, truck loading stations, barge and ship unloading stations,
barge and ship loading stations, railcar unloading stations, railcar loading
stations, grain dryers, and all grain handling operations)
Subpart EE - Surface Coating of
Metal Furniture.
40 CFR 60.310 through 40 CFR 60.316
(metal furniture surface coating operations in which organic
coatings are applied)
Subpart FF - Reserved.
Subpart GG - Stationary Gas Turbines.
40 CFR 60.330 through 40 CFR 60.335
(stationary gas turbines with a heat input at peak load equal
to or greater than 10 million Btu per hour, based on the lower heating value of
the fuel fired)
Subpart HH - Lime Manufacturing Plants.
40 CFR 60.340 through 40 CFR 60.344
(each rotary lime kiln)
Subparts II through JJ - Reserved.
Subpart KK - Lead-Acid Battery Manufacturing Plants.
40 CFR 60.370 through 40 CFR 60.374
(lead-acid battery manufacturing plants that produce or have
the design capacity to produce in one day (24 hours) batteries containing an
amount of lead equal to or greater than 6.5 tons: grid casting facilities,
paste mixing facilities, three-process operation facilities, lead oxide
manufacturing facilities, lead reclamation facilities, and other lead-emitting
operations)
Subpart LL - Metallic Mineral Processing Plants.
40 CFR 60.380 through 40 CFR 60.386
(each crusher and screen in
open-pit mines; each crusher, screen, bucket elevator, conveyor belt transfer
point, thermal dryer, product packaging station, storage bin, enclosed storage
area, truck loading station, truck unloading station, railcar loading station,
and railcar unloading station at the mill or concentrator with the following
exceptions. All facilities located in underground mines are exempted from the
provisions of this subpart. At uranium ore processing plants, all facilities
subsequent to and including the beneficiation of uranium ore are exempted from
the provisions of this subpart)
Subpart MM - Automobile and Light Duty Truck Surface Coating
Operations.
40 CFR 60.390 through 40 CFR 60.397
(prime coat operations, guide coat operations, and top-coat
operations)
Subpart NN - Phosphate Rock Plants.
40 CFR 60.400 through 40 CFR 60.404
(phosphate rock plants which have a maximum plant production
capacity greater than four tons per hour: dryers, calciners, grinders, and
ground rock handling and storage facilities, except those facilities producing
or preparing phosphate rock solely for consumption in elemental phosphorous
production)
Subpart OO - Reserved.
Subpart PP - Ammonium Sulfate Manufacture.
40 CFR 60.420 through 40 CFR 60.424
(ammonium sulfate dryer within an ammonium sulfate manufacturing
plant in the caprolactam by-product, synthetic, and coke oven by-product
sectors of the ammonium sulfate industry)
Subpart QQ - Graphic Arts Industry: Publication Rotogravure
Printing.
40 CFR 60.430 through 40 CFR 60.435
(publication rotogravure printing presses, except proof
presses)
Subpart RR - Pressure Sensitive Tape and Label Surface Coating
Operations.
40 CFR 60.440 through 40 CFR 60.447
(pressure sensitive tape and label material coating lines)
Subpart SS - Industrial Surface Coating: Large Appliances.
40 CFR 60.450 through 40 CFR 60.456
(surface coating operations in large appliance coating lines)
Subpart TT - Metal Coil Surface Coating.
40 CFR 60.460 through 40 CFR 60.466
(metal coil surface coating operations: each prime coat
operation, each finish coat operation, and each prime and finish coat operation
combined when the finish coat is applied wet on wet over the prime coat and
both coatings are cured simultaneously)
Subpart UU - Asphalt Processing and Asphalt Roofing
Manufacture.
40 CFR 60.470 through 40 CFR
60.474
(each saturator and each mineral
handling and storage facility at asphalt roofing plants; and each asphalt
storage tank and each blowing still at asphalt processing plants, petroleum
refineries, and asphalt roofing plants)
Subpart VV - Equipment Leaks of
Volatile Organic Compounds in the Synthetic Organic Chemicals Manufacturing
Industry for which Construction, Reconstruction, or Modification Commenced after
January 5, 1981, and on or before November 7, 2006.
40
CFR 60.480 through 40 CFR 60.489
(all equipment within a process
unit in a synthetic organic chemicals manufacturing plant)
Subpart VVa - Equipment Leaks of VOC in the Synthetic Organic
Chemicals Manufacturing Industry for which Construction, Reconstruction, or
Modification Commenced after November 7, 2006.
40 CFR 60.480a through 40 CFR 60.489a
(all equipment within a process unit in a synthetic organic
chemicals manufacturing plant)
Subpart WW - Beverage Can Surface Coating Industry.
40 CFR 60.490 through 40 CFR 60.496
(beverage can surface coating lines: each exterior base coat
operation, each overvarnish coating operation, and each inside spray coating
operation)
Subpart XX - Bulk Gasoline Terminals.
40 CFR 60.500 through 40 CFR 60.506
(total of all loading racks at a bulk gasoline terminal which
deliver liquid product into gasoline tank trucks)
Subparts YY through ZZ - Reserved.
Subpart AAA - New Residential Wood Heaters.
40 CFR 60.530 through 40 CFR 60.539b
(NOTE: In accordance with Chapter 471 of the 2015 Acts of
Assembly, authority to enforce the above standard is being retained by EPA and
the standard is not incorporated by reference into these regulations. A state
permit may be required of certain facilities if the provisions of 9VAC5-50 and
9VAC5-80 apply. Owners should review those provisions and contact the
appropriate regional office for guidance on whether those provisions apply.)
Subpart BBB - Rubber Tire Manufacturing Industry.
40 CFR 60.540 through 40 CFR 60.548
(each undertread cementing operation, each sidewall cementing
operation, each tread end cementing operation, each bead cementing operation,
each green tire spraying operation, each Michelin-A operation, each Michelin-B
operation, and each Michelin-C automatic operation)
Subpart CCC - Reserved.
Subpart DDD - Volatile Organic Compound (VOC) Emissions from
the Polymer Manufacturing Industry.
40 CFR 60.560 through 40 CFR 60.566
(for polypropylene and polyethylene manufacturing using a
continuous process that emits continuously or intermittently: all equipment
used in the manufacture of these polymers. For polystyrene manufacturing using
a continuous process that emits continuously: each material recovery section.
For poly(ethylene terephthalate) manufacturing using a continuous process that
emits continuously: each polymerization reaction section; if dimethyl
terephthalate is used in the process, each material recovery section is also an
affected facility; if terephthalic acid is used in the process, each raw
materials preparation section is also an affected facility. For VOC emissions
from equipment leaks: each group of fugitive emissions equipment within any
process unit, excluding poly(ethylene terephthalate) manufacture.)
Subpart EEE - Reserved.
Subpart FFF - Flexible Vinyl and Urethane Coating and Printing.
40 CFR 60.580 through 40 CFR 60.585
(each rotogravure printing line used to print or coat flexible
vinyl or urethane products)
Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries
for which Construction, Reconstruction, or Modification Commenced after January
4, 1983, and on or before November 7, 2006.
40 CFR 60.590 through 40 CFR 60.593
(each compressor, valve, pump pressure relief device, sampling
connection system, open-ended valve or line, and flange or other connector in
VOC service)
Subpart GGGa - Equipment Leaks of VOC in Petroleum Refineries
for which Construction, Reconstruction, or Modification Commenced after November
7, 2006.
40 CFR 60.590a through 40 CFR 60.593a
(each compressor, valve, pump pressure relief device, sampling
connection system, open-ended valve or line, and flange or other connector in
VOC service)
Subpart HHH - Synthetic Fiber Production Facilities.
40 CFR 60.600 through 40 CFR 60.604
(each solvent-spun synthetic fiber process that produces more
than 500 megagrams of fiber per year)
Subpart III - Volatile Organic Compound (VOC) Emissions from
the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation
Unit Processes.
40 CFR 60.610 through 40 CFR 60.618
(each air oxidation reactor not discharging its vent stream
into a recovery system and each combination of an air oxidation reactor or two
or more air oxidation reactors and the recovery system into which the vent
streams are discharged)
Subpart JJJ - Petroleum Dry
Cleaners.
40 CFR 60.620 through 40 CFR 60.625
(facilities located at a petroleum dry cleaning plant with a
total manufacturers' rated dryer capacity equal to or greater than 84 pounds:
petroleum solvent dry cleaning dryers, washers, filters, stills, and settling
tanks)
Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas
Processing Plants for which Construction, Reconstruction, or Modification
Commenced after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.630 through 40 CFR 60.636
(each compressor in VOC service or in wet gas service; each
pump, pressure relief device, open-ended valve or line, valve, and flange or
other connector that is in VOC service or in wet gas service, and any device or
system required by this subpart)
Subpart LLL - Sulfur Dioxide Emissions from Onshore Natural Gas
Processing for which Construction, Reconstruction, or Modification Commenced
after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.640 through 40 CFR 60.648
(facilities that process natural gas: each sweetening unit,
and each sweetening unit followed by a sulfur recovery unit)
Subpart MMM - Reserved.
Subpart NNN - Volatile Organic Compound (VOC) Emissions from
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation
Operations.
40 CFR 60.660 through 40 CFR 60.668
(each distillation unit not discharging its vent stream into a
recovery system, each combination of a distillation unit or of two or more
units and the recovery system into which their vent streams are discharged)
Subpart OOO - Nonmetallic Mineral Processing Plants.
40 CFR 60.670 through 40 CFR 60.676
(facilities in fixed or portable nonmetallic mineral
processing plants: each crusher, grinding mill, screening operation, bucket
elevator, belt conveyor, bagging operation, storage bin, enclosed truck or railcar
loading station)
Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants.
40 CFR 60.680 through 40 CFR 60.685
(each rotary spin wool fiberglass insulation manufacturing
line)
Subpart QQQ - VOC Emissions from Petroleum Refinery Wastewater
Systems.
40 CFR 60.690 through 40 CFR 60.699
(individual drain systems, oil-water separators, and aggregate
facilities in petroleum refineries)
Subpart RRR - Volatile Organic Compound Emissions from
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes.
40 CFR 60.700 through 40 CFR 60.708
(each reactor process not discharging its vent stream into a
recovery system, each combination of a reactor process and the recovery system
into which its vent stream is discharged, and each combination of two or more
reactor processes and the common recovery system into which their vent streams
are discharged)
Subpart SSS - Magnetic Tape Coating Facilities.
40 CFR 60.710 through 40 CFR 60.718
(each coating operation and each piece of coating mix
preparation equipment)
Subpart TTT - Industrial Surface Coating: Surface Coating of
Plastic Parts for Business Machines.
40 CFR 60.720 through 40 CFR 60.726
(each spray booth in which plastic parts for use in the
manufacture of business machines receive prime coats, color coats, texture
coats, or touch-up coats)
Subpart UUU - Calciners and Dryers in Mineral Industries.
40 CFR 60.730 through 40 CFR 60.737
(each calciner and dryer at a mineral processing plant)
Subpart VVV - Polymeric Coating of Supporting Substrates
Facilities.
40 CFR 60.740 through 40 CFR 60.748
(each coating operation and any onsite coating mix preparation
equipment used to prepare coatings for the polymeric coating of supporting
substrates)
Subpart WWW - Municipal Solid Waste Landfills.
40 CFR 60.750 through 40 CFR 60.759
(municipal solid waste landfills for the containment of
household and Resource Conservation and Recovery Act (RCRA) Subtitle D wastes)
Subpart XXX - Municipal Solid Waste Landfills that Commenced
Construction, Reconstruction, or Modification After July 17, 2014
40 CFR 60.760 through 40 CFR 60.769
(municipal solid waste landfills for the containment of
household and RCRA Subtitle D wastes)
Subpart AAAA - Small Municipal
Waste Combustors for which Construction is Commenced after August 30, 1999, or
for which Modification or Reconstruction is Commenced after June 6, 2001.
40 CFR 60.1000 through 40 CFR 60.1465
(municipal waste combustor units with a capacity less than 250
tons per day and greater than 35 tons per day of municipal solid waste or
refuse-derived fuel)
Subpart BBBB - Not applicable.
Subpart CCCC - Commercial/Industrial Solid Waste Incinerators.
40 CFR 60.2000 through 40 CFR 60.2265
(an enclosed device using controlled flame combustion without
energy recovery that is a distinct operating unit of any commercial or
industrial facility, or an air curtain incinerator without energy recovery that
is a distinct operating unit of any commercial or industrial facility)
Subpart DDDD - Not applicable.
Subpart EEEE - Other Solid Waste Incineration Units for which
Construction is Commenced after December 9, 2004, or for which Modification or
Reconstruction is Commenced on or after June 16, 2006.
40 CFR 60.2880 through 40 CFR 60.2977
(very small municipal waste combustion units with the capacity
to combust less than 35 tons per day of municipal solid waste or refuse-derived
fuel, and institutional waste incineration units owned or operated by an
organization having a governmental, educational, civic, or religious purpose)
Subpart FFFF - Reserved.
Subpart GGGG - Reserved.
Subpart HHHH - Reserved.
Subpart IIII - Stationary Compression Ignition Internal
Combustion Engines.
40 CFR 60.4200 through 40 CFR 60.4219
(NOTE: Authority to enforce the above standard is being
retained by EPA and the standard is not incorporated by reference into these
regulations for any source that is not (i) a major source as defined in
9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating
Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary
Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to
Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain
Sources) of Part II of 9VAC5-80.)
Subpart JJJJ - Stationary Spark
Ignition Internal Combustion Engines.
40 CFR 60.4230 through 40 CFR 60.4248
(NOTE: Authority to enforce the above standard is being
retained by EPA and the standard is not incorporated by reference into these
regulations for any source that is not (i) a major source as defined in
9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating
Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary
Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to
Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain
Sources) of Part II of 9VAC5-80.)
Subpart KKKK - Stationary Combustion Turbines.
40 CFR 60.4300 through 40 CFR 60.4420
(stationary combustion turbine with a heat input at peak load
equal to or greater than 10.7 gigajoules (10 MMBtu) per hour)
Subpart LLLL - Sewage Sludge Incineration Units.
40 CFR 60.4760 through 40 CFR 60.4925
(an incineration unit combusting sewage sludge for the purpose
of reducing the volume of the sewage sludge by removing combustible matter,
including the sewage sludge feed system, auxiliary fuel feed system, grate
system, flue gas system, waste heat recovery equipment, and bottom ash system;
and all ash handling systems connected with the bottom ash handling system)
Subpart MMMM - Reserved.
Subpart NNNN - Reserved.
Subpart OOOO - Crude Oil and Natural Gas Production,
Transmission and Distribution for which Construction, Modification, or
Reconstruction Commenced after August 23, 2011, and on or before September 18,
2015.
40 CFR 60.5360 through 40 CFR 60.5499
(facilities that operate gas wells, centrifugal compressors,
reciprocating compressors, pneumatic controllers, and storage vessels)
Subpart OOOOa - Crude Oil and Natural Gas Facilities for which Construction,
Modification, or Reconstruction Commenced after September 18, 2015.
40 CFR 60.5360a through 40 CFR 60.5499a
(NOTE: Authority to enforce the above standard is being
retained by EPA and it is not incorporated by reference into these regulations
for any source that is not (i) a major source as defined in 9VAC5-80-60 and
subject to Article 1 (9VAC5-80-50 et seq., Federal Operating Permits for
Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary Sources) or
(ii) an affected source as defined in 9VAC5-80-370 and subject to Article 3
(9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain Sources) of Part
II of 9VAC5-80. (facilities that operate gas wells, centrifugal
compressors, reciprocating compressors, pneumatic controllers and pumps,
storage vessels, and sweetening units)
Subpart PPPP - Reserved.
Subpart QQQQ - New Residential Hydronic Heaters and Forced-Air
Furnaces
40 CFR 60.5472 through 40 CFR 60.5483
(NOTE: In accordance with Chapter 471 of the 2015 Acts of
Assembly, authority to enforce the above standard is being retained by EPA and
the standard is not incorporated by reference into these regulations. A state
permit may be required of certain facilities if the provisions of 9VAC5-50 and
9VAC5-80 apply. Owners should review those provisions and contact the
appropriate regional office for guidance on whether those provisions apply.)
Subpart RRRR - Reserved.
Subpart SSSS - Reserved.
Subpart TTTT - Reserved.
Appendix A - Test methods.
Appendix B - Performance specifications.
Appendix C - Determination of Emission Rate Change.
Appendix D - Required Emission Inventory Information.
Appendix E - Reserved.
Appendix F - Quality Assurance Procedures.
Appendix G - Not applicable.
Appendix H - Reserved.
Appendix I - Removable label and owner's manual.
Part II
Emission Standards
Article 1
Environmental Protection Agency National Emission Standards for Hazardous Air
Pollutants (Rule 6-1)
9VAC5-60-60. General.
The Environmental Protection Agency (EPA) Regulations on
National Emission Standards for Hazardous Air Pollutants (NESHAP), as
promulgated in 40 CFR Part 61 and designated in 9VAC5-60-70 are, unless
indicated otherwise, incorporated by reference into the regulations of the
board as amended by the word or phrase substitutions given in 9VAC5-60-80. The
complete text of the subparts in 9VAC5-60-70 incorporated in this regulation by
reference is contained in 40 CFR Part 61. The 40 CFR section numbers appearing under
each subpart in 9VAC5-60-70 identify the specific provisions of the subpart
incorporated by reference. The specific version of the provision adopted by
reference shall be that contained in the CFR (2019) (2020) in
effect July 1, 2019 2020. In making reference to the Code of
Federal Regulations, 40 CFR Part 61 means Part 61 of Title 40 of the Code of
Federal Regulations; 40 CFR 61.01 means 61.01 in Part 61 of Title 40 of the
Code of Federal Regulations.
Article 2
Environmental Protection Agency National Emission Standards for Hazardous Air
Pollutants for Source Categories (Rule 6-2)
9VAC5-60-90. General.
The Environmental Protection Agency (EPA) National Emission
Standards for Hazardous Air Pollutants for Source Categories (Maximum
Achievable Control Technologies, or MACTs) as promulgated in 40 CFR Part 63 and
designated in 9VAC5-60-100 are, unless indicated otherwise, incorporated by
reference into the regulations of the board as amended by the word or phrase
substitutions given in 9VAC5-60-110. The complete text of the subparts in
9VAC5-60-100 incorporated in this regulation by reference is contained in 40
CFR Part 63. The 40 CFR section numbers appearing under each subpart in
9VAC5-60-100 identify the specific provisions of the subpart incorporated by
reference. The specific version of the provision adopted by reference shall be
that contained in the CFR (2019) (2020) in effect July 1, 2019
2020. In making reference to the Code of Federal Regulations, 40 CFR
Part 63 means Part 63 of Title 40 of the Code of Federal Regulations; 40 CFR
63.1 means 63.1 in Part 63 of Title 40 of the Code of Federal Regulations.
VA.R. Doc. No. R21-6452; Filed September 23, 2020, 5:09 a.m.