Virginia Regulatory Town Hall

Final Text

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Action:
Clean Air Interstate Rule (Rev. E05)(Adoption of Suspended ...
Stage: Final
11/7/07  8:25 AM
 

9VAC5-140-1061. Nonattainment area requirements.

H. A. The following requirements apply to any CAIR NOX unit or CAIR NOX source located in a nonattainment area designated in 9VAC5-20-204:

1. No owner, operator or other person shall cause or permit to be discharged into the atmosphere from any CAIR NOX unit or CAIR NOX source any NOX emissions in excess of the NOX annual emissions cap. For each control period, the NOX annual emissions cap shall be equal to the number of NOX allowances (expressed in tons) allocated for the CAIR NOX unit or CAIR NOX source for the control period in accordance with 9VAC5-140-1420.

2. A CAIR NOX unit or CAIR NOX source shall be subject to the requirements under subdivision 1 of this subsection for the control period starting on the later of January 1, 2009, or the deadline for meeting the unit's monitor certification requirements under 9VAC5-140-1700 B C 1, 2, or 5 and for each control period thereafter.

3. No NOX allowances other than those issued to a CAIR NOX unit or CAIR NOX source in accordance with 9VAC5-140-1420 may be used to demonstrate compliance with the emission standard in subdivision 1 of this subsection. Compliance with the NOX annual emissions cap in subdivision 1 of this subsection shall be demonstrated annually, based on a comparison of (i) the total NOX emissions (expressed in tons) from each CAIR NOX unit during the preceding control period, as determined in accordance with Article 8 (9VAC5-140-1700 et seq.) of this part and (ii) the number of NOX allowances (expressed in tons) allocated for the CAIR NOX unit for the preceding control period in accordance with 9VAC5-140-1420. However, this subsection does not otherwise prohibit any CAIR NOX unit or CAIR NOX source from participating in the CAIR NOX Annual Trading Program NOX annual emissions cap.

4. If the board determines that the provisions of this subsection may be waived for a CAIR NOX unit or CAIR NOX source without the CAIR NOX unit or CAIR NOX source causing or contributing to a violation of any air quality standard or a nonattainment condition, the board may issue a state operating permit granting relief from the requirements of this subsection. The board may include in any permit issued to implement this subdivision any terms and conditions the board determines are necessary to ensure that the CAIR NOX unit or CAIR NOX source will not cause or contribute to a violation of any air quality standard or a nonattainment condition. The owner or operator of a CAIR NOX unit subject to this section shall be in violation of this subsection if the owner or operator fails to submit by April 1 of each year for the preceding control period (i) documentation to verify compliance with the NOX annual emissions cap set forth in subdivision 1 of this subsection or (ii) a NOX emissions compliance demonstration in accordance with 9VAC5-140-1062.

I. B. Nothing in this article part shall prevent the board permitting authority from issuing a nonattainment area permit under the authority and procedures of the state operating permit program in order to:

1. Cap the emissions of a CAIR NOX unit or CAIR NOX source contributing to a violation of any air quality standard or a nonattainment condition;

2. Remedy a situation that may cause or contribute to nonattainment condition or the endangerment of human health or welfare; or

3. Establish a source-specific emission standard or other requirements necessary to implement the federal Clean Air Act or the Virginia Air Pollution Control Law.

J. C. Nothing in this article part shall prevent the board permitting authority from including in any nonattainment area permit issued to implement subsection I subdivision B 1 of this section any terms and conditions that would prohibit any CAIR NOX unit or CAIR NOX source subject to this article part from engaging in any emissions trading activities or using any emissions credits obtained from emissions reductions external to the CAIR NOX unit or CAIR NOX source to comply with the requirements of this article. subsection A of this section or any nonattainment area permit issued pursuant to subdivision B 1 of this section except that such terms and conditions may not prohibit any CAIR NOX unit or CAIR NOX source subject to this part from engaging in any emissions trading activities unrelated to compliance with the requirements of subsection A of this section or any nonattainment area permit issued pursuant to subdivision B 1 of this section.

D. Nothing in this section shall be construed to prohibit any CAIR NOX unit or CAIR NOX source from participating in the CAIR NOX Annual Trading Program. Notwithstanding any other provision of this section or any regulation of the board, the permitting authority may not include in any permit any terms and conditions that restrict any emissions trading activities under the CAIR NOX Annual Trading Program. Compliance with the CAIR NOX Annual Trading Program and this section (including any nonattainment area permits issued pursuant to this section) shall be determined separately and in accordance with the terms of the provisions of each.

E. The provisions of subsection A of this section shall not apply once an area is no longer listed in 9VAC5-20-204 as nonattainment for any pollutant; however, regardless of the attainment status of the area, any nonattainment area permits issued to implement this section shall remain in effect until revoked by the permitting authority.

F. The provisions of subsection A of this section shall not apply to any CAIR NOX unit commencing operation on or after January 1, 2006 until the later of (i) January 1, 2014 or (ii) the unit has operated each calendar year during a period of at least five consecutive calendar years. ]

Statutory Authority

§§10.1-1308 and 10.1-1322.3 10.1-1328 of the Code of Virginia; 40 CFR Part 51; 42 USC §§7408, 7409, 7410 and 7602. Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

9VAC5-140-1062. NOX emissions compliance demonstration .

A. Compliance with the NOX annual emissions cap set forth in 9VAC5-140-1061 A 1 may also be achieved through a NOX emissions compliance demonstration meeting the requirements of this section.

B. The NOX emissions compliance demonstration submitted pursuant to this section may include one or more CAIR NOX units in a CAIR NOX source under common control and located in the nonattainment area.

C. NOX emissions compliance demonstrations shall be submitted to the permitting authority by April 1 of each year for the preceding control period.

D. A complete NOX emissions compliance demonstration shall include the following elements in a format acceptable to the permitting authority:

1. Identification of each CAIR NOX unit in the NOX emissions compliance demonstration.

2. The number of NOX allowances (expressed in tons) allocated for each CAIR NOX unit for the preceding control period.

3. The total NOX emissions (expressed in tons) from each CAIR NOX unit during the preceding control period.

4. The calculation for the equation in subsection E of this section.

E. Compliance with this section shall be demonstrated with the following equation:

where:

n is the number of CAIR NOX units in the NOX emissions compliance demonstration (n may equal 1).

? is the sum of all i CAIR NOX units.

i is a CAIR NOX unit identified in subsection B of this section.

ANOE (Actual Nitrogen Oxides Emissions) are the total NOX emissions (expressed in tons) from each CAIR NOX unit during the preceding control period, as determined in accordance with Article 8 (9VAC5-140-1700 et seq.) of this part.

X is the number of NOX allowances (expressed in tons) allocated for the CAIR NOX unit for the preceding control period in accordance with 9VAC5-140-1420.

F. The emissions measurements recorded and reported in accordance with Article 8 (9VAC5-140-1700 et seq.) of this part shall be used to determine compliance by each CAIR NOX source with the NOX annual emissions cap set forth in 9VAC5-140-1061 A.

Statutory Authority

§§10.1-1308 and 10.1-1322.3 10.1-1328 of the Code of Virginia; 40 CFR Part 51; 42 USC §§7408, 7409, 7410 and 7602.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

9VAC5-140-2061. Nonattainment area requirements.

H. A. The following requirements apply to any CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source located in a nonattainment area designated in 9VAC5-20-204:

1. No owner, operator or other person shall cause or permit to be discharged into the atmosphere from any CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source any NOX emissions in excess of the NOX Ozone Season emissions cap. For each control period, the NOX Ozone Season emissions cap shall be equal to the number of NOX allowances (expressed in tons) allocated for the CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source for the control period in accordance with 9VAC5-140-2420.

2. A CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source shall be subject to the requirements under subdivision 1 of this subsection for the control period starting on the later of January May 1, 2009, or the deadline for meeting the unit's monitor certification requirements under 9VAC5-140-2700 C 1, 2, 3 or 5 7 and for each control period thereafter.

3. No NOX allowances other than those issued to a CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source in accordance with 9VAC5-140-2420 may be used to demonstrate compliance with the emission standard in subdivision 1 of this subsection. Compliance with the NOX Ozone Season emissions cap in subdivision 1 of this subsection shall be demonstrated annually, based on a comparison of (i) the total NOX emissions (expressed in tons) from each CAIR NOX Ozone Season unit during the preceding control period, as determined in accordance with Article 8 (9VAC5-140-2700 et seq.) of this part and (ii) the number of NOX allowances (expressed in tons) allocated for the CAIR NOX Ozone Season unit for the preceding control period in accordance with 9VAC5-140-2420 NOx Ozone Season emissions cap. However, this subsection does not otherwise prohibit any CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source from participating in the CAIR NOX Ozone Season Trading Program.

4. If the board determines that the provisions of this subsection may be waived for a CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source without the CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source causing or contributing to a violation of any air quality standard or a nonattainment condition, the board may issue a state operating permit granting relief from the requirements of this subsection. The board may include in any permit issued to implement this subdivision any terms and conditions the board determines are necessary to ensure that the CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source will not cause or contribute to a violation of any air quality standard or a nonattainment condition. The owner or operator of a CAIR NOX Ozone Season unit subject to this section shall be in violation of this subsection if the owner or operator fails to submit by January 1 of each year for the preceding control period (i) documentation to verify compliance with the NOX Ozone Season emissions cap set forth in subdivision 1 of this subsection or (ii) a NOX emissions compliance demonstration in accordance with 9VAC5-140-2062.

I. B. Nothing in this article part shall prevent the board permitting authority from issuing a nonattainment area permit under the authority and procedures of the state operating permit program in order to:

1. Cap the emissions of a CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source contributing to a violation of any air quality standard or a nonattainment condition;

2. Remedy a situation that may cause or contribute to nonattainment condition or the endangerment of human health or welfare; or

3. Establish a source-specific emission standard or other requirements necessary to implement the federal Clean Air Act or the Virginia Air Pollution Control Law.

J. C. Nothing in this article part shall prevent the board permitting authority from including in any nonattainment area permit issued to implement subsection I subdivision B 1 of this section any terms and conditions that would prohibit any CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source subject to this article part from engaging in any emissions trading activities or using any emissions credits obtained from emissions reductions external to the CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source to comply with the requirements of this article. Ozone Season Trading Program. subsection A of this section or any nonattainment area permit issued pursuant to subdivision B 1 of this section except that such terms and conditions may not prohibit any CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source subject to this part from engaging in any emissions trading activities unrelated to compliance with the requirements of subsection A of this section or any nonattainment area permit issued pursuant to subdivision B 1 of this section.

D. Nothing in this section shall be construed to prohibit any CAIR NOX Ozone Season unit or CAIR NOX Ozone Season source from participating in the CAIR NOX Ozone Season Trading Program. Notwithstanding any other provision of this section or any regulation of the board, the permitting authority may not include in any permit any terms and conditions that restrict any emissions trading activities under the CAIR NOX Ozone Season Trading Program. Compliance with the CAIR NOX Ozone Season Trading Program and this section (including any nonattainment area permits issued pursuant to this section) shall be determined separately and in accordance with the terms of the provisions of each.

E. The provisions of subsection A of this section shall not apply once an area is no longer listed in 9VAC5-20-204 as nonattainment for any pollutant; however, regardless of the attainment status of the area, any nonattainment area permits issued to implement this section shall remain in effect until revoked by the permitting authority.

F. The provisions of subsection A of this section shall not apply to any CAIR NOX Ozone Season unit commencing operation on or after January 1, 2006 until the later of (i) January 1, 2014 or (ii) the unit has operated each calendar year during a period of at least five consecutive calendar years. ]

Statutory Authority

§§10.1-1308 and 10.1-1322.3 10.1-1328 of the Code of Virginia; 40 CFR Part 51; 42 USC §§7408, 7409, 7410 and 7602.  

Historical Notes

Derived from Virginia Register Volume, Issue 14.

9VAC5-140-2062. NOX emissions compliance demonstration .

A. Compliance with the NOX Ozone Season emissions cap set forth in 9VAC5-140-2061 A 1 may also be achieved through a NOX emissions compliance demonstration meeting the requirements of this section.

B. The NOX emissions compliance demonstration submitted pursuant to this section may include one or more CAIR NOX Ozone Season units in a CAIR NOX Ozone Season source under common control and located in the nonattainment area.

C. NOX emissions compliance demonstrations shall be submitted to the permitting authority by January 1 of each year for the preceding control period.

D. A complete NOX emissions compliance demonstration shall include the following elements in a format acceptable to the permitting authority:

1. Identification of each CAIR NOX Ozone Season unit in the NOX emissions compliance demonstration.

2. The number of NOX allowances (expressed in tons) allocated for each CAIR NOX Ozone Season unit for the preceding control period.

3. The total NOX emissions (expressed in tons) from each CAIR NOX Ozone Season unit during the preceding control period.

4. The calculation for the equation in subsection E of this section.

E. Compliance with this section shall be demonstrated with the following equation:

where:

n is the number of CAIR NOX Ozone Season units in the NOX emissions compliance demonstration (n may equal 1).

? is the sum of all i CAIR NOX Ozone Season units.

i is a CAIR NOX Ozone Season unit identified in subsection B of this section.

ANOE (Actual Nitrogen Oxides Emissions) are the total NOX emissions (expressed in tons) from each CAIR NOX Ozone Season unit during the preceding control period, as determined in accordance with Article 8 (9VAC5-140-2700 et seq.) of this part.

X is the number of NOX allowances (expressed in tons) allocated for the CAIR NOX Ozone Season unit for the preceding control period in accordance with 9VAC5-140-2420.

F. The emissions measurements recorded and reported in accordance with Article 8 (9VAC5-140-2700 et seq.) of this part shall be used to determine compliance by each CAIR NOX Ozone Season source with the NOX Ozone Season emissions cap set forth in 9VAC5-140-2061 A.

Statutory Authority

§§10.1-1308 and 10.1-1322.3 10.1-1328 of the Code of Virginia; 40 CFR Part 51; 42 USC §§7408, 7409, 7410 and 7602.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

9VAC5-140-3061. Nonattainment area requirements .

A. The following requirements apply to any CAIR SO2 unit located in a nonattainment area designated in 9VAC5-20-204:

1. No owner, operator or other person shall cause or permit to be discharged into the atmosphere from any CAIR SO2 unit any SO2 emissions in excess of the SO2 annual emissions cap. For each control period, the SO2 annual emissions cap shall be equal to the number of SO2 allowances (expressed in tons) allocated for the CAIR SO2 unit for the control period in accordance with 9VAC5-140-3420.

2. A CAIR SO2 unit shall be subject to the requirements under subdivision 1 of this subsection for the control period starting on the later of January 1, [2009 2010], or the deadline for meeting the unit's monitor certification requirements under 9VAC5-140-3700 C 1, 2, or 5 and for each control period thereafter.

3. Compliance with the SO2 annual emissions cap in subdivision 1 of this subsection shall be based on a comparison of (i) the total SO2 emissions (expressed in tons) from each CAIR SO2 unit during the control period, as determined in accordance with Article 8 (9VAC5-140-3700 et seq.) of this part, and (ii) the SO2 annual emissions cap.

4. The owner or operator of a CAIR SO2 unit subject to this section shall be in violation of this subsection if the owner or operator fails to submit by April 1 of each year for the preceding control period (i) documentation to verify compliance with the SO2 annual emissions cap set forth in subdivision 1 of this subsection or (ii) an SO2 emissions compliance demonstration in accordance with 9VAC5-140-3062.

B. Nothing in this part shall prevent the permitting authority from issuing a nonattainment area permit under the authority and procedures of the state operating permit program in order to:

1. Cap the emissions of a CAIR SO2 unit or CAIR SO2 source contributing to a violation of any air quality standard or a nonattainment condition;

2. Remedy a situation that may cause or contribute to nonattainment condition or the endangerment of human health or welfare; or

3. Establish a source-specific emission standard or other requirements necessary to implement the federal Clean Air Act or the Virginia Air Pollution Control Law.

C. Nothing in this part shall prevent the permitting authority from including in any nonattainment area permit issued to implement subdivision B 1 of this section any terms and conditions that would prohibit any CAIR SO2 unit or CAIR SO2 source subject to this part from engaging in any emissions trading activities or using any emissions credits obtained from emissions reductions external to the CAIR SO2 unit or CAIR SO2 source to comply with the requirements of subsection A of this section or any nonattainment area permit issued pursuant to subdivision B 1 of this section except that such terms and conditions may not prohibit any CAIR SO2 unit or CAIR SO2 source subject to this part from engaging in any emissions trading activities unrelated to compliance with the requirements of subsection A of this section or any nonattainment area permit issued pursuant to subdivision B 1 of this section.

D. Nothing in this section shall be construed to prohibit any CAIR SO2 unit or CAIR SO2 source from participating in the CAIR SO2 Annual Trading Program. Notwithstanding any other provision of this section or any regulation of the board, the permitting authority may not include in any permit any terms and conditions that restrict any emissions trading activities under the CAIR SO2 Annual Trading Program. Compliance with the CAIR SO2 Annual Trading Program and this section (including any nonattainment area permits issued pursuant to this section) shall be determined separately and in accordance with the terms of the provisions of each.

E. The provisions of subsection A of this section shall not apply once an area is no longer listed in 9VAC5-20-204 as nonattainment for any pollutant; however, regardless of the attainment status of the area, any nonattainment area permits issued to implement this section shall remain in effect until revoked by the permitting authority.

F. The provisions of subsection A of this section shall not apply to any CAIR SO2 unit for which no SO2 allowances are allocated in accordance with 9VAC5-140-3420. ]

Statutory Authority

§§10.1-1308 and 10.1-1322.3 10.1-1328 of the Code of Virginia; 40 CFR Part 51; 42 USC §§7408, 7409, 7410 and 7602.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.

9VAC5-140-3062. SO2 emissions compliance demonstration .

A. Compliance with the SO2 annual emissions cap set forth in 9VAC5-140-3061 A 1 may also be achieved through an SO2 emissions compliance demonstration meeting the requirements of this section.

B. The SO2 emissions compliance demonstration submitted pursuant to this section may include one or more CAIR SO2 units in a CAIR SO2 source under common control and located in the nonattainment area.

C. SO2 emissions compliance demonstrations shall be submitted to the permitting authority by April 1 of each year for the preceding control period.

D. A complete SO2 emissions compliance demonstration shall include the following elements in a format acceptable to the permitting authority:

1. Identification of each CAIR SO2 unit in the SO2 emissions compliance demonstration.

2. The number of SO2 allowances (expressed in tons) allocated for each CAIR SO2 unit for the preceding control period.

3. The total SO2 emissions (expressed in tons) from each CAIR SO2 unit during the preceding control period.

4. The calculation for the equation in subsection E of this section.

E. Compliance with this section shall be demonstrated with the following equation:

where:

n is the number of CAIR SO2 units in the SO2 emissions compliance demonstration (n may equal 1).

? is the sum of all i CAIR SO2 units.

i is a CAIR SO2 unit identified in subsection B of this section.

ASDE (Actual Sulfur Dioxide Emissions) are the total SO2 emissions (expressed in tons) from each CAIR SO2 unit during the preceding control period, as determined in accordance with Article 8 (9VAC5-140-3700 et seq.) of this part.

X is the number of SO2 allowances (expressed in tons) allocated for the CAIR SO2 unit for the preceding control period in accordance with 9VAC5-140-3420.

F. The emissions measurements recorded and reported in accordance with Article 8 (9VAC5-140-3700 et seq.) of this part shall be used to determine compliance by each CAIR SO2 source with the SO2 annual emissions cap set forth in 9VAC5-140-3061 A.

Statutory Authority

§§10.1-1308 and 10.1-1322.3 10.1-1328 of the Code of Virginia; 40 CFR Part 51; 42 USC §§7408, 7409, 7410 and 7602.

Historical Notes

Derived from Virginia Register Volume , Issue , eff. Month dd, yyyy.