Section 2130. De minimis increases and stationary source modification alternatives for ozone nonattainment areas classified as serious or severe in 9VAC5-20-204

A. Increased emissions of volatile organic compounds or nitrogen oxides resulting from any physical change in, or change in the method of operation of, a major stationary source located in an ozone nonattainment area classified as serious or severe in 9VAC5-20-204 shall be considered de minimis for purposes of determining the applicability of the permit requirements under this article if the increase in net emissions of the same pollutant from such source is 25 tons or less when aggregated with all other net increases in emissions from the source over a period of five consecutive calendar years which includes the calendar year in which such increase occurred.

B. The following shall apply to modifications of major stationary sources emitting less than 100 tons per year of volatile organic compounds or nitrogen oxides.

1. Any physical change in, or change in the method of operation of, a major stationary source with a potential to emit of less than 100 tons per year of volatile organic compounds or nitrogen oxides which results in an increase in emissions of the same pollutant from any discrete operation, unit, or other pollutant emitting activity at that source that is not de minimis under subsection A of this section shall be considered a major modification under this article. However, in applying emission standards under 9VAC5 Chapter 50 (9VAC5-50) to the source, the requirement to apply best available control technology shall be substituted for the requirement to comply with the lowest achievable emissions rate.

2. If the owner elects to offset the increase of volatile organic compounds or of nitrogen oxides by a greater reduction in emissions of the pollutant being increased from other operations, units, or activities within the source at an internal offset ratio of at least 1.3 to 1, such increase shall not be considered a major modification under this article.

C. The following shall apply to modifications of major stationary sources emitting 100 tons per year or more of volatile organic compounds or nitrogen oxides.

1. Any physical change in, or change in the method of operation of, a major stationary source with a potential to emit 100 tons per year or more of volatile organic compounds or nitrogen oxides which results in an increase in emissions of the same pollutant from any discrete operation, unit, or other pollutant emitting activity at that source that is not de minimis under subsection A of this section shall be considered a major modification under this article.

2. In applying emission standards under 9VAC5 Chapter 50 (9VAC5-50) to the source, the requirement to apply best available control technology shall be substituted for the requirement to comply with the lowest achievable emissions rate, if the owner elects to offset the increase by a greater reduction in emissions of the pollutant being increased from other operations, units, or activities within the source at an internal offset ratio of at least 1.3 to one.

Historical Notes

Derived from Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register Volume 22, Issue 23, eff. September 1, 2006.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70 and 72.