1. A. Except as provided in subsections C, D, and E of this section, the affected facility to which the provisions of this article apply is each stationary source that emits or may emit any toxic pollutant and that either (i) is subject to the new source review program or (ii) has a permit containing emission limits and other requirements pursuant to this article.
2. B. The provisions of this article apply throughout the Commonwealth of Virginia.

3. C. This article shall not apply to the following:

   1. 1. A stationary source that has a potential to emit a toxic pollutant with a TLV® at a level equal to or less than the exemption emission rate calculated using the exemption formulas set forth below for the applicable TLV®. If more than one exemption formula applies to a toxic pollutant emitted by a source, the potential to emit for that pollutant shall be equal to or less than both applicable exemption formulas in order for the source to be exempted for that pollutant. The exemption formulas apply on an individual basis to each toxic pollutant for which a TLV® has been established.

      1. a. For toxic pollutants with a TLV-C®, the following exemption formula applies, provided the potential to emit does not exceed 22.8 pounds per hour:

         Exempt Emission Rate (pounds per hour) = TLV-C®(mg/m³) X 0.033

      2. b. For toxic pollutants with both a TLV-STEL® and a TLV-TWA®, the following exemption formulas apply, provided the potential to emit does not exceed 22.8 pounds per hour or 100 tons per year:

         Exempt Emission Rate (pounds per hour) = TLV-STEL®(mg/m³) X 0.033

         Exempt Emission Rate (tons per year) = TLV-TWA®(mg/m³) X 0.145

      3. c. For toxic pollutants with only a TLV-TWA®, the following exemption formulas apply, provided the potential to emit does not exceed 22.8 pounds per hour or 100 tons per year:

         Exempt Emission Rate (pounds per hour) = TLV-TWA®(mg/m³) X 0.066

         Exempt Emission Rate (tons per year) = TLV-TWA®(mg/m³) X 0.145

   2. 2. A stationary source that has a potential to emit any toxic pollutant without a TLV® if, upon the owner's request, the board determines to exempt that toxic pollutant from the provisions of this article using available health effects information.

      The exemption determination shall be made by the board using information submitted by the owner at the request of the board as set out in 9VAC5-60-340.

   3. 3. A stationary source subject to an emission standard or other requirement set forth in Article 2 (9VAC5-60-10 et seq.) of this part. If less than all of the stationary source is regulated by such an emission standard or other requirement, then only that part of the stationary source regulated by the emission standard or other requirement is exempted.
   4. 4. A stationary source in a source category that is regulated by an emission standard or other requirement established pursuant to § 112 of the federal Clean Air Act and subject to the source category schedule for standards. If less than all of the stationary source is in a source category that is regulated by such an emission standard or other requirement, then only that part of the stationary source in the source category regulated by the emission standard or other requirement is exempted.
   5. 5. A stationary source in a source category for which the U.S. Environmental Protection Agency has made a formal determination that no regulations or other requirements need to be established pursuant to § 112 of the federal Clean Air Act and has published the determination in the source category schedule for standards.
   6. 6. A boiler, incinerator, or industrial furnace as defined in 40 CFR 260.10 and subject to 9VAC20 Chapter 60 (9VAC20-60), provided it (i) meets the 99.99% destruction and removal efficiency standard required by 9VAC20 Chapter 60 (9VAC20-60), and (ii) has received a permit or has qualified for interim status in accordance with 9VAC20 Chapter 60 (9VAC20-60). The board shall be furnished with an acceptable certification that such boiler, incinerator, or industrial furnace is in compliance with the standards of its permit or interim status and applicable provisions of 9VAC20 Chapter 60 (9VAC20-60). Unless exempted under 9VAC5-60-300 C 4, facilities that burn hazardous waste for energy recovery are subject to this article.
   7. 7. A generator or boiler that burns only natural gas, #2 fuel oil, #4 fuel oil, #6 fuel oil, propane, or kerosene.
4. D. Provisions of this article do not apply to any consumer product used in the same manner as normal consumer use, provided the use results in a duration and frequency of exposure which is not greater than exposures experienced by consumers. This may include, but not be limited to, personal use items, janitorial cleaning supplies, and facility grounds maintenance products, such as fertilizers, pesticides, and paints for structural components.

5. E. With regard to the application of pesticides, the provisions of this article shall apply only to the air quality impact from emissions from application inside the premises of the following affected facilities:

   1. 1. Industrial and manufacturing operations, including warehouse and storage operations related to the operation of these facilities.

   2. 2. Warehouse and storage operations at transportation terminals.

      The provisions of this article shall not apply to the air quality impact from emissions from the application of any pesticide outside.

6. F. No provision of this article shall limit the power of the board to apply the provisions of this article to any affected facility in order to prevent or remedy a condition that may cause or contribute to the endangerment of human health.

Article 5
Emission Standards for Toxic Pollutants from New and Modified Sources (Rule 6-5)

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from VR120-06-0101, eff. April 1, 1988; amended, Virginia Register Volume 12, Issue 3, eff. December 1, 1995; Volume 13, Issue 14, eff. May 1, 1997; Volume 14, Issue 11, eff. April 1, 1998; Volume 15, Issue 13, eff. April 14, 1999; Virginia Register Volume 16, Issue 14, eff. May 1, 2000; Volume 17, Issue 15, eff. June 1, 2001; Volume 18, Issue 7, eff. February 1, 2002; Volume 19, Issue 6, eff. February 1, 2003; Volume 20, Issue 16, eff. June 1, 2004; Volume 21, Issue 7, eff. January 12, 2005; Volume 22, Issue 4, eff. December 1, 2005; Volume 23, Issue 17, eff. June 1, 2007; Volume 24, Issue 5, eff. December 12, 2007; Volume 25, Issue 12, eff. March 18, 2009; Volume 26, Issue 8, eff. January 20, 2010; Volume 27, Issue 11, eff. March 2, 2011; Volume 28, Issue 10, eff. February 15, 2012; Volume 29, Issue 10, eff. February 13, 2013; Volume 30, Issue 10, eff. July 1, 2014; Volume 31, Issue 12, eff. March 11, 2015; Volume 32, Issue 10, eff. February 10, 2016; Volume 33, Issue 10, eff. February 22, 2017; Volume 34, Issue 11, eff. February 21, 2018; Volume 35, Issue 11, eff. February 20, 2019; Volume 36, Issue 12, eff. March 4, 2020; Volume 37, Issue 4, eff. November 11, 2020.