Section 1400. Applicability

Article 7. Permits for New and Reconstructed Major Sources of Hazardous Air Pollutants

A. The provisions of this article apply to any owner or other person who constructs or reconstructs a major source of hazardous air pollutants.

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

C. Regardless of the exemptions provided in this article, no owner or other person shall circumvent the requirements of this article by causing or allowing a pattern of ownership or development over a geographic area of a source which, except for the pattern of ownership or development, would otherwise require a permit.

D. No provision of this article shall be construed as exempting any stationary source, emissions unit, or affected source from the provisions of this chapter.

E. Unless specified otherwise, the provisions of this article are applicable to various sources as follows:

1. Provisions referring to "sources," or "new or reconstructed sources, or both" or "stationary sources" are applicable to the construction or reconstruction of all major sources of hazardous air pollutants.

2. Any emissions units, stationary sources, or air pollutants not subject to the provisions of this article may be subject to other provisions of the new source review program.

F. The provisions of this article do not apply to (i) electric utility steam generating units unless and until such time as these units are added to the source category list, (ii) research and development activities, (iii) affected sources, or (iv) stationary sources that are within a source category that has been deleted from the source category list.

Historical Notes

Derived from Volume 16, Issue 07, eff. February 1, 2000.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.