Section 40. Applicability and designation of affected emissions unit

A. The affected emissions unit to which the provisions of this chapter apply is each qualified energy generator that is a biomass pilot test facility for which testing is commenced on or after May 25, 2011.

B. This chapter applies throughout the Commonwealth of Virginia.

C. Any qualified energy generator, the construction or operation of which is subject to the major new source review program, shall not be eligible for the general permit.

D. Any qualified energy generator subject to § 129 of the federal Clean Air Act shall not be eligible for the general permit.

E. Any qualified energy generator that has initially applied for and received the authority to construct and operate under the general permit may apply for the authority to construct and operate under the general permit again for a different biomass fuel if the initial biomass fuel was found to be exempt. Once a qualified energy generator is issued a new source review permit for a specified biomass fuel as required under 9VAC5-520-180 J 3, the qualified energy generator will be subject to the provisions of 9VAC5-80 (Permits for Stationary Sources).

Historical Notes

Derived from Volume 27, Issue 17, eff. May 25, 2011.

Statutory Authority

§ 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.