Section 10. Applicability

Part I. Special Provisions

A. The provisions of this chapter, unless specified otherwise, shall apply to new and modified sources.

B. The provisions of this chapter shall apply to sources specified below except as provided in 9VAC5-40-10 B:

1. Any stationary source (or portion of it), the construction, modification or relocation of which commenced on or after March 17, 1972.

2. Any stationary source (or portion of it), the reconstruction of which commenced on or after December 10, 1976.

C. If a facility becomes subject to any requirement in the Regulations for the Control and Abatement of Air Pollution because it exceeds an exemption level, the facility shall continue to be subject to all applicable requirements even if future conditions cause the facility to fall below the exemption level.

D. The provisions of 9VAC5 Chapter 40 (9VAC5-40-10 et seq.), unless specified otherwise, shall apply to new and modified sources to the extent that those provisions thereof are more restrictive than the provisions of this chapter, 9VAC5 Chapter 80 (9VAC5-80-10 et seq.), or any permit issued pursuant to 9VAC5 Chapter 80 (9VAC5-80-10 et seq.).

E. For sources subject to the applicable subparts listed in 9VAC5-50-410, the provisions of 40 CFR 60.7, 40 CFR 60.8, 40 CFR 60.11 and 40 CFR 60.13 shall be implemented through this part. In cases where there are differences between the provisions of this part and the provisions of 40 CFR Part 60, the more restrictive provisions shall apply.

F. Any owner subject to the provisions of this chapter may provide any report, notification or other document by electronic media if acceptable to both the owner and board. This subsection shall not apply to documents requiring signatures or certification under 9VAC5-20-230.

Historical Notes

Derived from VR120-05-01, eff. July 1, 1991; amended, Volume 18, Issue 21, eff. August 1, 2002.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.