Section 360. Applicability

Article 3. Federal Operating Permits for Acid Rain Sources

A. Except as provided in subsection C of this section, the provisions of this article apply to any affected source that has an affected unit under the provisions of 9VAC5-80-380.

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

C. The provisions of this article shall not apply to the following:

1. Any new unit exempted under 9VAC5-80-390.

2. Any affected unit exempted under 9VAC5-80-400.

3. Any emissions unit that is determined to be shutdown under the provisions of 9VAC5-20-220.

D. Regardless of the exemptions provided in this section, permits shall be required of owners who circumvent the requirements of this article by causing or allowing a pattern of ownership or development of a source which, except for the pattern of ownership or development, would otherwise require a permit.

E. Particulate matter emissions shall be used to determine the applicability of this article to major sources only if particulate matter (PM₁₀) emissions cannot be quantified in a manner acceptable to the board.

Historical Notes

Derived from Volume 12, Issue 25, eff. October 15, 1996; amended, Virginia Register Volume 17, Issue 04, eff. January 1, 2001.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.