Regulatory Structure
- The Regulations for the Control and Abatement of Air Pollution
- Other air regulations
- General permits
- AQPs
Regulations for the Control and Abatement of Air Pollution.
Chapter 10, General Definitions, contains general definitions and abbreviations commonly used throughout the regulations.
Chapter 20, General Provisions, provides general administrative and air quality program provisions that support other provisions of the Regulations for the Control and Abatement of Air Pollution. Part I establishes the overall applicability of the regulations. It also lists technical documents incorporated by reference elsewhere in the regulations, and provides procedures for granting variances, for preventing the circumvention of regulations, and for adopting policies and procedures. The relationship of state regulations to federal regulations is delineated in Part I. In Part II, general ground rules for facility registration, control programs, facility and control equipment maintenance or malfunction, shutdown, and certification of documents are established. Part II also contains lists of various area and region designations, including air quality control regions, urban areas, metropolitan statistical areas, air quality maintenance areas, nonattainment areas, prevention of significant deterioration areas, and volatile organic compound and nitrogen oxides emissions control areas.
Chapter 30, Ambient Air Quality Standards contains the National Ambient Air Quality Standards (NAAQS): particulate matter, ozone, nitrogen dioxide, sulfur oxides, carbon monoxide, and lead.
Chapter 40 covers existing stationary sources. Part I, Special Provisions, contains general compliance, compliance schedules, how to interpret process weight-rate tables, emission testing and monitoring procedures, and notification, records and reporting requirements that apply to all existing stationary sources. The first three regulations in Part II, Emission Standards, are also general and apply to all existing stationary sources: Visible Emissions and Fugitive Dust (Article 1), Odor (Article 2), and Toxic Pollutants (Article 3). Article 4, General Process Operations, covers general process operations not specifically defined by the remaining source-specific rules. These rules cover industries as disparate as Synthesized Pharmaceutical Products Manufacturing Operations (Article 5), Chemical Fertilizer Manufacturing Operations (Article 12), and Lithographic Printing Processes (Article 45), and are intended to control, depending on the type of industry, primarily VOCs, PM, NOX, and SO2. Regulations written to meet EPA's emissions guidelines for sources of designated pollutants are also found in this chapter.
Chapter 40 also includes a regulation regarding open burning, which limits open burning and establishes requirements to restrict emissions of PM and VOCs. It also provides guidance to local governments on the adoption of ordinances to regulate open burning.
Chapter 50, New And Modified Stationary Sources, is, initially, structured similarly to Chapter 40. It contains, for new sources, a Part I with Special Provisions, and a Part II, Emission Standards, with rules for Visible Emissions and Fugitive Dust (Article 1), Odor (Article 2), and Toxics (Article 3).
Chapter 50 then departs from the structure found in Chapter 40, as new sources are, for the most part, considered on a case-by-case basis rather than by source type. Thus, instead of numerous individual regulations, new sources must meet the requirements of Article 4, Stationary Sources. Article 4 provides the standards for use in establishing the standards of performance for the permitting programs found in Chapter 80. It contains the requirements for determining:
- - Lowest achievable emission rate (LAER) for major sources and modifications locating in nonattainment areas. LAER is implemented through issuance of a permit as established in Article 9 of Chapter 80.
- - Best achievable control technology (BACT) for major sources and modifications locating in attainment areas subject to the PSD program. BACT is implemented through issuance of a permit as established in Article 8 of Chapter 80.
- - BACT for sources subject to minor new source review in attainment areas. BACT for this type of source is implemented through issuance of a permit as established in 9 VAC 5-80-10 of Chapter 80.
Environmental Protection Agency Standards of Performance for New Stationary Sources (Article 5), lists all of the New Source Performance Standards (NSPSs) delegated by EPA to the department and incorporated by the board by reference.
Article 6, Standards Of Performance For Regulated Medical Waste Incinerators, is the exception to the generic approach to new sources; it exists at the behest of the General Assembly, which directed the board to develop a regulation specifically covering this type of source.
Chapter 60 covers Hazardous Air Pollutant Sources. As in Chapters 40 and 50, it commences with a Part I, Special Provisions. Part II, Emission Standards, contains standards incorporated by the board by reference: Article 1 incorporates EPA's National Emission Standards For Hazardous Air Pollutants (NESHAPs), and Article 2 incorporates the National Emission Standards For Hazardous Air Pollutants For Source Categories (also known as MACT standards). Article 3, Control Technology Determinations for Major Sources of Hazardous Air Pollutants, contains the procedures for making case-by-case MACT determinations as required by § 112(j) of the Clean Air Act.
Chapter 70, Air Pollution Episode Prevention, establishes procedures to be taken when an "air pollution episode" occurs. An air pollution episode is a situation which is declared by responsible authorities when weather or air pollution conditions or both indicate a potential threat to human health. This rule describes the escalating stages of air conditions and the concurrent control requirements.
Chapter 80 covers permits for stationary sources. Detailed permit procedures are located in Part II. Part II's regulations include Article 1, Federal (Title V) Operating Permits for Stationary Sources; Article 2, Permit Program (Title V) Fees for Stationary Sources; Article 3, Acid Rain (Title V) Operating Permits; Article 4, Insignificant Activities; Article 5, State Operating Permits; Article 7, Permits for New and Reconstructed Major Sources of HAPs (case-by-case MACT determinations as required by § 112(g)); Article 8, Permits for Major Stationary Sources and Modifications in PSD Areas; and Article 9, Permits for Major Stationary Sources and Modifications in Nonattainment Areas. Permitting for new sources that do not meet the criteria for "major" under Part II meet the requirements found in Part I, Permits For New And Modified Sources. This "minor new source review" regulation provides general permitting requirements (9 VAC 5-80-10) and exemption levels (9 VAC 5-80-11).
Other air regulations.
In addition to the Regulations for the Control and Abatement of Air Pollution, a number of other programs require separate regulations:
Regulations For the Control Of Motor Vehicle Emissions, Chapter 91 (9 VAC 5-90-10 et seq.).
Regulation for Transportation Conformity, 9 VAC 5 Chapter 150 (9 VAC 5-150-10 et seq.).
Regulation for General Conformity, 9 VAC 5 Chapter 160 (9 VAC 5-160-10 et seq.).
Variance for Merck Stonewall Plant, 9 VAC 5 Chapter 190 (9 VAC 5-190-10 et seq.).
Regulation for National Low Emission Vehicle Program, 9 VAC 5 Chapter 200 (9 VAC 5-200-10 et seq.).
Regulation for Mediation and Alternative Dispute Resolution, 9 VAC 5 Chapter 210
Exclusionary General Permit, 9 VAC 5 Chapter 500 (9 VAC 5-500-10 et seq.)
How are the regulations implemented? Click here.
How are the regulations enforced? Click here.
General Permits.
General permits are prepared on a source-by-source basis. While they work like permits, they are prepared using the same process as that for regulations, and are officially classified as regulations. Use of a technical advisory group (similar to an ad hoc group) is mandatory.
One general permit has been adopted thus far: the exclusionary general permit, 9 VAC 5 Chapter 500. This regulation provides a mechanism for certain types of sources to avoid Title V permitting if their actual emissions are less than 50 percent of their major source threshold levels.
Air quality policies (AQPs)
AQPs provide additional implementation information and guidance, or a formal policy decision. AQPs do not have the legal force of a law or a regulation, although all AQPs (with the exception of AQP-5) are part of the SIP and are enforceable under federal law. All AQPs have been approved by the State Air Pollution Control Board.
Current approved AQPs include the following (click on the link to get a pdf copy):
Procedures for Testing Facilities Subject to Emission Standards for Volatile Organic Compounds, AQP-1, July 1, 1991.
Procedures for Determining Compliance with Volatile Organic Compound Emission Standards Covering Surface Coating Operations, AQP-2, July 1, 1991.
Procedures for the Measurement of Capture Efficiency for Determining Compliance with Volatile Organic Compound Emission Standards Covering Surface Coating Operations and Graphic Arts Printing Processes, AQP-3, April 1, 1996.
Procedures for Maintaining Records for Surface Coating Operations and Graphic Arts Printing Processes, AQP-4, July 1, 1991.
Air Toxics Program Priority Implementation Policy, AQP-5, September 1, 1996.
Procedures for Preparing and Submitting Emission Statements for Stationary Sources, AQP-8, January 1, 1993.
Procedures for Implementation of Regulations Covering Stage II Vapor Recovery Systems for Gasoline Dispensing Facilities, AQP-9, January 1, 1993.
Implementation of the Prevention of Significant Deterioration (PSD) of Air Quality Program, AQP-11, January 1, 1993.