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Title: Virgin Islands air pollution control act : rules and regulations : title 12, chapter 09, section 204-206
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Title: Virgin Islands air pollution control act : rules and regulations : title 12, chapter 09, section 204-206
Physical Description: Book
Language: English
Creator: United States Virgin Islands. Department of Planning and Natural Resources. Division of Environmental Protection.
Publisher: United States Virgin Islands
Publication Date: 1995
 Subjects
Subject: Caribbean   ( lcsh )
Spatial Coverage: North America -- United States Virgin Islands
Caribbean
 Record Information
Bibliographic ID: CA01300673
Volume ID: VID00001
Source Institution: University of Florida
Holding Location: University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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    Front Cover
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    Title Page
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Full Text



VIRGIN


ISLANDS AIR POLLUTION CONTROL ACT
RULES AND REGULATIONS


11


I'


,GOVERNMENT OF THE
UNITED STATES VIRGIN ISLANDS


DEPARTMENT
DIVISION


OF PLANNING & NATURAL RESOURCES
OF ENVIRONMENTAL PROTECTION
VIRGIN ISLANDS
1995


TITLE 12, CHAPTER 09
SECTION 204-206
-' -


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APPROVED:


7-o day of 1994

ROY L. SCHNEIDER
Governor


VIRGIN ISLANDS DEPARTMENT OF
PLANNING AND NATURAL RESOURCES


Kenneth S. Belle
Acting Commissioner


r-





VIRGIN ISLANDS RULES AND REGULATIONS

AIR POLLUTION CONTROL

TITLE 12, CHAPTER 9

SUBCHAPTERS 204 AND 206



















VIRGIN ISLANDS RULES AND REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9
SUBCHAPTERS 204 AND 206


SECTION 1. Consistent with the mandate of Title V of the
Federal Clean Air Act as amended in 1990 and 40 CFR Part 70
Regulations promulgated thereunder, it was necessary for the Virgin
Islands to substantially revise Title 12, Chapter 9 of the Virgin r
Islands Code, entitled Air Pollution Control, and the corresponding
Virgin Islands Rules and Regulations.
As a result, both Subchapter 204 and Subchapter 206 of the
Virgin Islands Rules and Regulations, Title 12, Chapter 9, Air
Pollution Control, have undergone extensive revisions which include
deletions and amendments to existing language, as well as the
addition of many new sections. Division 2, entitled Part 70 Permit
Regulations, was added to Subchapter 206 of the Virgin Islands
Rules and Regulations to comply with the requirements of federal
law as cited above.
Therefore, due to substantial revisions to The Virgin Islands
Rules and Regulations, Title 12, Chapter 9,. Air Pollution Control,
Subchapters 204 and 206, and for reasons of clarity, the above
cited Rules and Regulations are hereby repealed and replaced by the
following:





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f I VIRGIN ISLANDS RULES & REGULATIONS
0 AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9

0
Subchapter 204. Protection of Air Resources

DIVISION 1. NEW MOTOR VEHICLES'AND NEW
S-. MOTOR VEHICLE ENGINES

SSECTIONS
204-1. Motor vehicle air pollution control
204-2. Requirements for entry and release
204-3. Release under bond
204-4. Merchandise refused entry
I 204-5. Disposition of merchandise refused entry into the
virgin Islands; redelivered merchandise
I 204-6. Reissuance of this division

] S 204-1. Motor vehicle air pollution control
New motor vehicles or new motor engines, beginning with the
model year 1968, shall be subject to standards prescribed by the
ij Secretary of Health, Educationand Welfare under~section 2,02. of-the
Motor Vehicle Air Pollution Control Act (42 U.S.C. 1857f-1) as set
Ij forth in regulations in 45 CFR Part 85.. As defined in the Motor
Vehicle Air Pollution Control Act, a new motor vehicle or a new
I] motor vehicle engine is one the equitable or legal title to which
has never been transferred to an ultimate purchaser and an ultimate
i purchaser is the first person who in good faith purchases such new
J motor vehicle or new engine for the purposes other than resale. A
n new motor vehicle or a new motor vehicle engine subject to such
L.I standards shall not be permitted entry into the Virgin Islands
i unless it is in all material respects the same construction-as a
test vehicle or engine which has been certified to be in conformity
with such standards or otherwise approved by the Secretary of
Health, Education and Welfare, in accordance with said regulations

2




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fl VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9

0
engines identified as part of the entry and subject to the Motor
U Vehicle Air Pollution Control Act into conformity with a test
vehicle or engine approved or certified in accordance with 45 CFR
[ Part 85, or for which application for such approval or
certification is pending.
0 No written declaration shall be required under this section
for the importation of an individual motor vehicle or motor vehicle
engine unless the Commissioner of Planning and Natural Resources
has reason to believe that the importation is being made for
S purposes of resale and not for the personal use of the importer.

$ 204-3. Release under bond
SIf a declaration filed in accordance with section 204-2 of
this title states that the entry is being made under circumstances
I] described in paragraph (2) (A) or (3) of section 204-2 of this
title, the entry shall be accepted only if the importer gives a
ii bond on MVPC Form 1, 2 or 3 for the production of a statement
certifying in accordance with .45 CFR 85.203(c) -that.the .-motor
vehicles or motor vehicle engines described in the declaration
tJ filed by the importer conform in all material respects with.a test
vehicle or engine which has been certified or approved for a period
I .during which the entry of such vehicles or engines is made. The
bond shall be in the amount fixed'by, the. Commissioner of -Planning
i] and Natural Resources. Within ninety (90) days after entry, or such
additional period as the Commissioner of Planning and Natural
II Resources may allow for good cause shown, the importer or consignee
shall deliver to the Commissioner of Planning and Natural Resources
S the certified statement described in this section. If the
certified statement described in this section is not delivered to
the Commissioner of Planning and Natural Resources within ninety
S (90) days of the date of entry or such additional period as may be

4
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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



in 45 CFR Part 85.


204-2. Requirements for entry and release
Each motor vehicle or motor vehicle engine offered for
importation (other than for personal use by the importer) .into the
Virgin Islands shall be refused entry unless there is filed with
the entry, in duplicate, a declaration verified by the importer or
consignee, which identifies it and affirms that:
(1) Such motor vehicle or motor vehicle engine is not subject
to the Motor Vehicle Air Pollution Control Act for reasons
specified in the declaration (e.g. the vehicle or engine was
manufactured prior to March 30, 1966, the effective- date of the
)gulations promulgated in 45 CFR Part 85; the vehicle or engine is
not "new" within the meaning of section 208(3) of the Motor Vehicle
Air Pollution Control Act; the vehicle or engine is a pre-1968 year
model; etc.); or
(2) Such motor vehicle or motor vehicle engine is in all
material respects the same construction as a test engine or
vehicle;
(A) For which a certificate of conformity identified by
number and date has been issued in accordance with regulations in
45 CFR Part 85, or for which a determination of-conformity has been
made under such part, by the Secretary of Health, Education and
Welfare, and is being .entered during a period for which such
determination or certification is valid; or
(B) For which application for a determination or
notification of conformity is pending before the Secretary of
Health, Education and Welfare in accordance with regulations in 45
CFR Part 85;.or
(3) The importer or consignee has undertaken, in accordance
with 45 CFR 85.203(a), to bring any motor vehicles or motor vehicle


____ I_










VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



allowed by the Commissioner of Planning and Natural Resources for
good cause shown, the importer or consignee shall deliver or cause
to be delivered to the Commissioner of Planning and Natural
Resources those motors vehicles or motor vehicle engines which were
released in accordance with this section. In the event that any
such motor vehicle or motor vehicle engine is not delivered within
five (5) days following the date specified in the preceding
sentence, liquidated damages shall be assessed in the full amount
of a bond given hereunder. When the transaction has been charged
against a bond given on MVPC Form 2 or 3, liquidated damages shall
be assessed in the amount that would have been demanded under the
preceding sentence if the merchandise had been released under a
,ond given on MVPC Form 1.


S 204-4. Merchandise refused entry
If a new motor vehicle or new motor vehicle engine is denied
entry under the provisions of section 204-2 or 204-3 of this Title,
the Commissioner of Planning and Natural Resources shall refuse to
release the merchandise for entry into the Virgin Islands and shall
issue a notice of such refusal to the importer.


S 204-5. Disposition of merchandise refused entry into the
Virgin Islands; redelivered merchandise
New motor vehicles or new motor vehicle engines which are
denied entry under section 204-2 or 204-3 of this title or which
are redelivered in accordance with section 204-3 of this title and
which are not exported under supervision within ninety (90) days
from the date of notice of refusal -of admission or date of
redelivery shall be disposed of under customs laws and regulations;
provided, however, That any such disposition shall not result in an
introduction into the Virgin Islands of a new motor vehicle or new




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A VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9

motor vehicle engine in violation of the Motor Vehicle Air
1 Pollution Control Act.

S 204-6. Reissuance-.of this division
Title 12, chapter 9, subchapter 204, division 1, sections
204-1 through 204-5, Virgin Islands Rules and Regulations, as
H previously issued by the Commissioner of Health, are hereby
reissued by the Commissioner of Planning and Natural Resources.
I6



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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL 1
TITLE 12, CHAPTER 9 i


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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


DIVISION 2. AIR QUALITY CONTROL


SECTIONS
204-20.
204-21.
204-22.


204-23.
204-24.
204-25.
204-26.
204-27.
204-28.
204-29.
204-30.
204-31.
204-32.
204-33.
204-34.
204-35.
204-36.
204-37.
204-38.


204-39.
204-40.
204-41.
204-42.
204-43.
204-44.
204-45.


Definition of terms
Regulations to control open burning
Regulations to control emission of visible air
contaminants
Regulations governing emission of particulate matter
Storage of petroleum or other volatile products
Preventing particulate matter from becoming airborne
Sulfur compounds emission control
Air pollution nuisances prohibited
Internal combustion engine limits
Upset, breakdown or scheduled maintenance
Circumvention
Duty to report discontinuance or dismantlement
Variance clauses
Air pollution emergencies
(RESERVED)
Continuous emission Monitoring
Eligibility to burn waste fuel A
Eligibility to burn waste fuels A and B
Permit and/or certificate requirement for waste oil
facilities
Sale or use of waste fuels A and B
Reports,sampling and analysis of waste fuels A and B
Existing air contamination sources for waste fuel
(RESERVED)
(RESERVED)
(RESERVED)
Standards of Performance for sulfur recovery units at
petroleum refineries

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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9




5 204-20. Definition of terms f
The following words and phrases when used in this division
shall for the purpose of this division have meanings respectively
ascribed to them, unless a different meaning is clearly indicated.
(a) Act. The Clean Air Act, as amended, 42 U. S. C. 7401, et
seq.
(b) Administrator. The Administrator of the U.S.
Environmental Protection Agency (EPA).
(c) Affected States. All States:
(1) Whose air quality may be affected and that are r
contiguous to the territory in which a part 70
permit, permit modification, or permit renewal is
being proposed; or
(2) That are within fifty (50) miles of the permitted
source.
(d) Air Contaminant. Any dust, fumes, gas, mist, smoke,
vapor, odor, or particulate matter, other than uncombined (not
chemically bound to other molecular species) water, or any
combination thereof.
(e) Air Pollution. The presence in the outdoor atmosphere of
one or more air contaminants or any combination thereof, in
sufficient quantities and of such characteristics and duration as
is or likely to be injurious to public welfare, to the health of
human, plant or animal life, or to property, or which unduly
interferes with the enjoyment of life or property.
(f) Applicable requirement. All of the following as they
apply to emissions units in a part 70 source (including
requirements that have been promulgated or approved by EPA through
rulemaking at the time of issuance but have future effective
compliance dates):

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f VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



(1) Any standard or other requirement provided for in
Ij the applicable implementation plan approved or
promulgated by EPA through rulemaking under Title I
o of the Act that implements the relevant
requirements of the Act, including any revisions
Sto that plan promulgated pursuant to this
subchapter;
(2) Any term or condition of any preconstruction
permits issued pursuant to regulation approved or
promulgated through rulemaking under Title I,
| including parts C or D, of the Act;
(3) Any standard or other requirement under section 111
, of the Act, including 111(d);
(4) Any standard or other requirement under section 112
] of the Act, including any requirement concerning
accident prevention under section 112(r) of the
Act;
(5) Any requirements established pursuant to section
504(b) or section 114(a)(3) of the Act;
II (6) Any standard or other requirement governing solid
waste incineration, under section 129 of the Act;
II (7) Any standard or other requirement for consumer and
commercial products, under section 183(e) of the
Act;
(8) Any standard or other requirement for tank vessels
| under section 183(f) of the Act;
(9) Any standard or other requirement of the program to
control air pollution from outer continental shelf
H sources, under section 32& of the Act;
(10) Any standard or other requirement of the
I regulations promulgated to protect stratospheric

10










VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


ozone under Title VI of the Act, unless the
Administrator has determined that such requirements
need not be contained in a Title V permit; and
(11) Any National Ambient Air Quality Standard or
increment or visibility requirement under part C of
Title I of the Act, but only as it would apply to
temporary sources permitted pursuant to section
504(e) of the Act.
(g) Area source. Any stationary source that is not a major
source.
(h) Chemical Waste. Liquid or semi-liquid waste other than
waste oil, including but not limited to spent solvents, tars,
paints and resins, and wastes and sludges from any process.
(1) Combustion Efficiency (C.E.). A measure of the
completeness of combustion, determined by the measurement of carbon
dioxide (CO2) and carbon monoxide (CO) in flue gas.



CO2


C.E. =


x 100


CO, + CO


(j) Commence. Whereby an owner or operator has undertaken a
continuous program of construction or modification or that an owner
or operator has entered into a contractual obligation to undertake
and complete within a reasonable time a continuous program of
construction or modification.
(k) Commissioner. The Commissioner of the Virgin Islands
Department of Planning and Natural Resources or his designated
representative .
(1) Department. The Virgin Islands Department of Planning and

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k VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



Natural Resources.
S(m) Director. The Director of the Division of Environmental
Protection, Department of Planning and Natutal Resources.
n (n) Distillate Fuel. A fuel oil consisting of distilled
fractions and having a kinematic viscosity of 5.8 centistoke or
less at one hundred degrees (100) Fahrenheit. This includes ASTM
grade numbers 1-D and 2-D diesel fuel oil and proposed ASTM grades
numbers 1-GT and 2-GT gas turbine fuel oil.
S(o) Draft permit. The version of a permit for which the
permitting authority offers public participation under section 206-
U 72 (c) or affected State review under section 206-73 (c).
(p) Emergency. Any situation arising from sudden and
F reasonably unforeseeable events beyond the control of the source,
S) including acts of God, that requires immediate corrective action to
restore normal operation and that causes a source to exceed a
J technology-based emission limitation under the permit, due to
unavoidable increases in emissions attributable to the emergency.
j An emergency shall not ,include noncompliance to the extent caused
by improperly designed equipment, lack of preventative or required
1 maintenance, careless or improper operation, or operator error.
(q) Emissions allowable under the permit. A Federally

I1 enforceable permit term or condition determined at issuance to be
required by an applicable requirement that establishes an emissions
limit (including a work practice standard) or a Federally
I1 enforceable requirement to which the source would otherwise be
subject.
il (r) Emissions unit. Any part or activity of a stationary
source that emits or has the potential to emit any regulated air
1 pollutant or any pollutant listed under section 112(b) of the Act.
(s) The EPA or the Administrator. The Administrator of EPA or
i his or her designee.
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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



(t) Final permit. The version of a permit issued by the
Commissioner that has undergone all review procedures required by
section 206.
(u) Fugitive Dust. Solid airborne particulate
matter emitted at or near ground level from any source other than
a stack, flue or duct.
(v) Fugitive Emissions. Those emissions which could not
reasonably pass through a stack, chimney, vent, or other
functionally equivalent opening.
(w) Fuel-Burning Facility. Equipment, device, or contrivance
and all appurtenances thereto, including ducts, breechings, control
equipment, fuel feeding equipment, ash removal equipment,
combustion controls, stacks, chimneys, etc., used principally but
not exclusively, to burn any fuel for the purpose of indirect
heating in which the material being heated is not contacted by and
adds no substance to the products of combustion. Such equipment
typically includes that used for heating water to boiling, raising
steam, or super-heating steam; heating air as in a warm air
furnace; furnishing process heat that is conducted through process
vessel walls; and furnishing process heat indirectly through its
transfer by fluids.
(x) Fuel Oil. Any virgin distillate oil, virgin residual
oil, re-refined oil or a blend of these.
(y) Gaseous Fuel. A fuel that is in the gaseous state at
standard conditions of temperature and pressure and that does not
contain chemical waste.
(z) GACT Generally Available Control Technology. Generally
Available Control Technology Standards as developed pursuant to
section 112 of the Act.
(aa) General permit. A permit that meets the requirements of
section 206-72(a).

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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


(bb) Incinerator. All devices intended or used for destruction
of refuse or other combustible matter by burning.
(cc) Insignificant.
"Insignificant" -means, in reference to a net emissions
decrease, or the potential of a source to emit any of the following
pollutants, at a rate of emissions that shall not exceed or equal
any of the following rates:



Threshold for De Minimis Emissions
of Hazardous Air Pollutants- (HAP)


Air Contaminants


Annual emissions
(pounds per year)


Total dioxin and furans
Benzidine
Bis (chloromethyl) ether
n- Nitrosodimethylamine
Hexavalent chromium compounds
Hydrazine
Arsenic and arsenic compounds
2-Nitropropane
Any other HAP


0.0001
0.06
0.06
0.2
0.4
0.8
1.0
1.0
400.0


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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



Threshold for De Minimis Emissions
of Other Air Contaminants


Air Contaminants Annual emissions

(pounds per year)

VOC 0.05
TSP 0.05
PM-10 0.05
NOx 0.05
CO 0.05
S02 0.05
Any other air contaminant(i) 0.05

I1


(1) This air contaminant category shall apply to any other air contaminat that the facility has the
potential to emit in a quantity greater than ar equal to oe hundred (100) tons per year.



(dd) Liquid Fuel. A fuel, other than fuel oil, that is in the
liquid state at standard conditions of temperature and pressure and
that does not contain chemical waste.
(ee) MACT Maximum Available Control Technology. Maximum
Available Control Technology Standards pursuant to section 112 of
the Act.
(ff) Major Modification. Any physical change or change in the
method of operation of a major stationary source that would result
in a significant net emissions increase of any pollutant subject to
regulation under the Act.
(1) A physical change shall not include routine
maintenance, repair and replacement.
(2) A change in the method of operation, unless


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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9

0
previously limited by enforceable permit
f conditions, shall not include:
(a) An increase in the production rate, if such
0 increase does not exceed the operating

capacity of the source;
(b) An increase in the hours of operations;
(c) Use of an alternative fuel or raw material by
reason of an order in effect.
0 (d) Use of an alternative fuel or raw material, if
prior to January 6, 1975, the source was
0 capable of accommodating such fuel or
material;
n (e) Use of an alternative fuel by reason of an
order; or
(f) Change in ownership of the source.
(gg) Major Stationary Source. Except as otherwise expressly
provided, the terms "major stationary source" and "major emitting
S facility" mean any stationary facility or source of air pollutants
which directly emits, or has the potential to emit, on hundred tons
I per year or more of any air pollutant (including any major emitting
facility or source of fugitive emissions of any such pollutant, as
1i determined by rule by the Administrator).
(hh) Major source. Any stationary source (or any group of
ii stationary sources that are located on one or more contiguous or
adjacent properties and are under common control of the same person
[or persons under common control] belonging to a single major
1 industrial grouping and that are described below in paragraph (1),
(2), or (3) of this definition. For the purposes of defining "major
1 source", a stationary source or group of stationary sources shall
be considered part of a single industrial grouping if all of the
i pollutant emitting activities at such source or group of sources on
i16
16
7 T










VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



contiguous or adjacent properties belong to the same major Group
(i.e., all have the same two-digit code), as described in the 1987
Standard Industrial Classification Manual.
(1) A major source under section 112 of the Act, which
is defined as:
(a) For pollutants other than radionuclides, any
stationary source or group of stationary
sources located within a contiguous area and
under common control that emits or has the
potential to emit, in the aggregate, ten (10)
tons per year (tpy) or more of any hazardous
air pollutant that has been listed pursuant to
section 112(b) of the Act, twenty five (25)
tpy or more of any combination of such
hazardous air pollutants, or such lesser
quantity as the Administrator may establish by
rule. Notwithstanding the preceding sentence,
emissions from any oil or gas exploration or
production well (with its associated
equipment) and emissions from any pipeline
compressor or pump station shall not be
aggregated with emissions from other similar
units, whether or not such units are in a
contiguous area or under common control, to
determine whether such units or stations are
major sources; or
(b) For radionuclides, "major source" shall have
the meaning specified by the Administrator by
rule.
(2) A major stationary source of air pollution, as
defined in section 302 of the Act, that directly

17





-1----c~-........u I. r.. .' -. ... ~h


VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


(A)
(B)
(C)
(D)
(E)
(F)
(G)
(H)


(I)
S(J)
(K)
(L)
(M)
(N)
(0)
(P)
(Q)
(R)
(S)
(T)
(U)


emits or has the potential to emit one hundred
(100) tpy or more of any air pollutant (including
any major source of fugitive emissions of any such
pollutant, as determined by rule by the
Administrator). The fugitive emissions of a
stationary source shall not be considered in
determining whether it is a major stationary source
unless it belongs to one of the following
categories of stationary source:
Coal cleaning plants (with thermal dryers).
Kraft pulp mills.
Portland cement plants.
Primary zinc smelters.
Iron and steel mills.
Primary aluminum ore reduction plants.
Primary copper smelters.
Municipal incinerators capable of charging more
than two hundred fifty (250) tons of refuse per day.
Hydrofluoric, sulfuric, or nitric acid plants.
Petroleum refineries.
Lime plants.
Phosphate rock processing plants.
Coke oven batteries.
Sulfur recovery plants.
Carbon black plants (furnace process).
Primary lead smelters.
Fuel Conversion Plants.
Sintering plants.
Secondary metal production plants.
Chemical process plants.
Fossil-fuel boilers (or combination thereof)


_.


n -_ 1-









VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



totaling more than two hundred fifty million
(250,000,000) British thermal units per hour
[MMBtu/hr] heat input.
(V) Petroleum storage and transfer units with a
total storage capacity exceeding three hundred
thousand (300,000) barrels.
(W) Taconite ore processing plants.
(X) Glass fiber processing plants.
(Y) Charcoal production plants.
(Z) Fossil-fuel fired steam electric plants of more
than two hundred fifty million (250,000,000) Btu/hr
heat input; or
(AA) All other stationary source categories
regulated by a standard promulgated under
section 111 or 112 of the Act, but only with
respect to those air pollutants that have been
regulated for that category.
(3) A major stationary source as defined in part D of
Title I of the Act, including:
(A) For ozone nonattainment areas, sources with the
potential to emit one hundred (100) tpy or more of
volatile organic compounds or oxides of nitrogen in
areas classified as "marginal" or "moderate", fifty
(50) tpy or more in areas classified as "serious",
twenty-five (25) tpy or more in areas classified as
"severe", and ten (10) tpy or more in areas
classified as "extreme"; except that the references
in this paragraph to 100, 50, 25, and 10 tpy of
nitrogen oxides shall not apply with respect to any
A source for which the Administrator has made a
finding, under section 182(f)(1) or (2) of the Act,











/ VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



that section 182(f) of the Act do not apply.
S(B) For carbon monoxide nonattainment areas:
(i) That are classified as "serious", and
S(ii) In. which stationary sources contribute
significantly to carbon monoxide levels
as determined under rules by the
Administrator, sources with the potential to
emit fifty (50) tpy or more of carbon
[ monoxide; and

(iii) For particulate matter (PM-10) nonattainment
D areas classified as "serious", sources with

the potential to emit seventy (70) tpy or
[ more of PM-10.
1) (ii) Malfunction. Any sudden and unavoidable failure of air
] pollution control equipment or process equipment or of a process to
1 operate in a normal or usual manner. Failures that are caused
entirely or in part by poor maintenance, careless operation, or any
!j other preventable upset condition or preventable equipment
breakdown shall not be considered malfunctions.
!| (jj) Marine Vessel. Any boat or ship.
(kk) Motor Vehicle. A vehicle that can travel on land and
T1 which is propelled by means other than human or animal muscular
power.
(11) Opacity. Degree to which emissions, other than
uncombined (not chemically bound to other molecular species) water,
reduce the transmission of light and obscure the view of an object
j in the background.
(mm) Open Burning. Any manner of burning or causing rapid
oxidation that results in products being discharged into the open
ij
air without passing through a properly designed stack, duct,
S chimney, flue or other control process.
20
20
i ,7


LI~--Ua~i~-:~s:










VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



(nn) Particulate Matter. Any airborne material except
uncombined water which is often, but not always, suspended in air
or other gases at atmospheric temperature and pressure.
(oo) Part 70. Part 70 of Title 40 of the Code of Federal
Regulations (40 CFR 70).
(pp) Part 70 permit or permit (unless the context suggests
otherwise). Any permit or group of permits covering a
part 70 source that is issued, renewed, amended, or revised
pursuant to sections 206-71, 206-72, 206-73, 206-74, 206-81, or
206-82 of this chapter.
(qq) Part 70 program or State or Territory program. A program
approved by the Administrator under part 70.
(rr) Part 70 source. Any source subject to the permitting
requirements of this part, as provided in section 206-51 of this
chapter.
(ss) Permit modification. A revision to a part 70 permit that
meets the requirements of section 206-82 of this chapter.
(tt) Permit revision. Any permit modification or
administrative permit amendment
(uu) Permitted Source. Any stationary source requiring a
permit to operate pursuant to Section 206-20 of these regulations.
(vv) Permitting authority. The Division of Environmental
Protection, Department of Planning and Natural Resources.
(ww) Person. An individual, corporation, partnership,
association, and any officer or governing or managing body of such
entity; and further includes the Government of the Virgin Islands,
and any board, commission, authority or instrumentality thereof.
(xx) PM-10. Particulate matter with a median aerodynamic
diameter of ten (10) micrometers or less.
(yy) Potential to emit. The maximum capacity of a stationary
source to emit any air pollutant under its physical and operational

21










) VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


design. Any physical or operational limitation on the capacity of
f a source to emit an air pollutant, including air pollution control
equipment and restrictions on hours of operation or on the type or
amount of material combusted, stored, or processed, shall be
treated as part of its design if the limitation is enforceable by
the Administrator.
f (zz) Process Equipment. Any equipment, device or contrivance
for changing any materials whatever or for storage or handling of
0 any materials, and all appurtenances thereto, including ducts,
stacks, etc., the use of which may cause any discharge of an air
0 contaminant into the outdoor atmosphere but not including that
equipment specifically defined as fuel-burning equipment or refuse-
Pburning equipment in this division.
S) (aaa) Process Weight Rate. A rate established as follows:
(1) For continuous or long-run steady-state source
U operations, the total process weight for the entire
period of continuous operation or for a typical
II portion thereof, divided by the number of hours of
such period or portion thereof.
H (2) For cyclical or batch unit operations, or unit
u processes, the total process weight for a period
That covers a complete operation or an integral
number of cycles, divided by the hours of actual
process operation during such a period.
|j (3) Where the nature of any process or operation, or
the design of any equipment, is such as to permit
i more than one interpretation of this definition,

the interpretation that results in the minimum
\I value for allowable emission shall apply.
(bbb) Proposed permit. The version of a permit that the
SCommissioner proposes to issue and forwards to the Administrator

22









VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


for review in compliance with section 206-72(b).
(ccc) Refuse. All waste material, including but not limited
to garbage, rubbish, incinerator residue, street cleaning, dead
animals and offal. Refuse is classified in accordance with Table
2 of this section.
(ddd) Regulated air pollutants:
(1) Nitrogen oxides or any volatile organic compounds;
(2) Any pollutant for which a national ambient air
quality standard has been promulgated;
(3) Any pollutant that is subject to any standard
promulgated under section 111 of the Act;
(4) Any Class I or II substance subject to a standard
promulgated under or established by Title VI of the
Act; or
(5) Any pollutant subject to a standard promulgated
under section 112 or other requirements established
under section 112 of the Act, including sections
112(g), (j), and (r) of the Act, including the
following:
(a) Any pollutant subject to requirements under
section 112(j) of the Act. If the
Administrator fails to promulgate a standard
by the date established pursuant to section
112(e) of the Act, any'pollutant for which a
subject source would be major shall be
considered to be regulated on the date
eighteen (18) months after the applicable date
established pursuant to section 112(e) of the
Act; and
.(b) Any pollutant for which the requirements of
section 112(g)(2) of the Act have been met,

23










VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



but only with respect to the individual source
Subject to the section 112(g)(2) requirement.
(eee) Regulated pollutant (for presumptive fee calculation),
which is used only for purposes of section 206-92. Any "regulated
air pollutant" except the following:
(1) Carbon monoxide;
f (2) Any pollutant that is a regulated air pollutant
solely because it is a Class I or II substance
o subject to a standard promulgated under or
established by Title VI of the Act;
(3) Any pollutant that is a regulated air pollutant
solely because it is subject to a standard or
regulation under section 112(r) of the Act.
i (fff) Reprocessed Oil. A used oil from which physical and/or
chemical contaminants have been removed so that such oil is
11 suitable for productive use.
(ggg) Renewal. The process by which a permit is reissued at
the end of its term.
(hhh) Re-refined Oil. Any used oil from which physical and/or
I chemical contaminants have been removed so that it is substantially
equivalent to virgin distillate or virgin residual oil.
(iii) Residual Fuel. A fuel oil which meets the latest
American Society for Testing and Materials (ASTM) specifications
number D396 for residual fuel oils (either #4, #5, or #6).
1J (jjj) Responsible official. One of the following;
(1) For a corporation: a president, secretary,
II treasurer, or vice-president of the corporation in
charge of a principal business function, or any
Other person who performs similar policy or
Sdecision-making functions for the corporation, or a

1 duly authorized representative of such person if
ii









VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



the representative is responsible for the overall
operation of one or more manufacturing, production,
or operating facility applying for or subject to a '
permit and either:
(a) The facilities employ more than two hundred T
fifty (250) persons or have gross annual sales
or expenditures exceeding $25 million (in
second quarter 1980 U.S. dollars); or
(b) The delegation of authority to such
representatives is approved in advance by the
permitting authority.
(2) For a partnership or sole proprietorship: a general
partner or the proprietor, respectively.
(3) For a municipality, Territory or State, Federal, or
other public agency: either a principal executive
officer or a ranking elected official. For the
purposes of subchapter 206, a principal executive
officer of an agency includes the chief executive
having responsibility for the overall operations of
a principal geographic unit of the agency (e.g., a
Regional Administrator of EPA).
(kkk) Ringelmann Scale. The scale of comparative smoke
densities published in the United Stated Bureau of Mines Circular
No. 8333.
(111) Section 502(b)(10) changes. Changes pursuant to section
502(b)(10) of the Act that contravene an express permit term. Such
changes do not include changes that would violate applicable
requirements or contravene Federally enforceable permit terms and
conditions that are monitoring (including test methods),
recordkeeping, reporting, or compliance certification requirements.
(mmm) Significant.

25










VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


I (1) "Significant" means, in reference to a net
emissions increase or the potential of a source to
0 emit any of the following pollutants, a rate of
emissions that could equal or exceed any of the
1 following rates:


I Pollutant and Emissions Rate


Carbon monoxide: 100 tons per year (tpy)
Nitrogen oxides: 40 tpy
Sulfur dioxide: 40 tpy
0 Particulate matter: 25 tpy
Ozone: 40 tpy of volatile organic compounds
S. Lead: 0.6 tpy
Asbestos: 0.007 tpy
l Beryllium: 0.0004 tpy
Mercury: 0.1 tpy
n Vinyl chloride: 1 tpy
Fluorides: 3 tpy
Sulfuric acid mist: 7 tpy
] Hydrogen sulfide (HS):10 tpy
Total reduced sulfur
L] (including H2S): 10 tpy
Reduced sulfur compounds
D (including H2S): 10 tpy



II (2) "Significant" means, in reference to a net

emissions increase or the potential of a source to
emit a pollutant subject to these regulations that
is not listed in subsection (1) above, any
1i 26


i








r


VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



emissions rate.
(3) Notwithstanding the above, "significant" means any
emissions rate or any net emissions increase
associated with a major stationary source or major
modification, which would construct within ten (10)
kilometers of a Class I area, and have an impact on
such area equal to or greater than one (1) ug/m'
(24-hour average).
(nnn) Smoke. Small gas-borne particles resulting from
incomplete combustion, of carbonaceous material, in sufficient
number to be observable.
(ooo) Solid Fuel. Solid material or any substance derived
from solid material used or to be used for the purpose of creating
useful heat and includes but is not limited to coal, gasified coal,
liquefied coal, solid solvent, refined coal, municipal solid waste
refuse derived fuel, and wood.
(ppp) Source. Any building, structure, facility, apparatus,
or installation, or their combination, that emits or may emit any
air contaminant.
(qqq) Stack. Stack, chimney, flue, conduit, or opening
arranged for the emission of solids,, liquids, gases or aerosols
into the outdoor atmosphere.
(rrr) Standard Conditions. A gas temperature of sixty eight
degrees (680) Fahrenheit and a gas pressure of 14.7 pounds per
square inch absolute.
(sss) Stationary source. Any building, structure, facility,
contrivance, or installation that emits or may emit any regulated
air pollutant or any pollutant listed under section 112(b) of the
Act.
(ttt) Synthetic Minor. A source that has the potential to emit
emissions above the major source threshold levels, but has taken a












VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


I federally-enforceable restriction to limit its potential emissions
to nonmajor amounts.
(uuu) Territory. The Virgin Islands of the United States.
(www) VIDPNR. The Virgin Islands Department of Planning and
Natural Resources.
] (vvv) Virgin Islands Air Pollution Control Act. Refers to
Title 12, Chapter 9 of the Virgin Islands Code.
L (xxx) Waste Fuel. Either of the following to be burned
singly, together, or in combination with fuel oil:
S(1) Waste Fuel A

(ii) Waste Fuel B
(yyy) Waste Fuel A. Any waste oil, fuel oil, or mixture of
} these to be burned which contains between twenty five (25) and two
hundred fifty (250) parts per million (by weight) lead and which
II meets the limitations of Table 1 of this section and does not
contain chemical waste.
I (zzz) Waste Fuel B. Any waste oil, fuel oil, or mixture of
these to be burned which does not meet the limitations of Table 1
H of this section and/or contains any chemical waste.
(aaaa) Waste Oil. Used and/or reprocessed engine lubricating
oil and/or any other used oil, including but not limited to, fuel
|I oil, engine oil, gear oil, cutting oil, transmission fluid,
hydraulic fluid, dielectric fluid, oil storage tank residue, animal
Soil and vegetable oil, which has not subsequently been re-refined.




21





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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



This page has been intentionally left blank.













VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


TABLE 1
WASTE FUEL CONTAMINANT LIMITATIONS


Constituent/Property


Allowable.


Polychlorinated Biphenyls (PCB)


Total Halogens


Sulfur


Lead


Less than 50'ppm'


1000 ppm' maximum


See Subpart 225-1
for fuel sulfur
limitations


250 ppm,
maximum


Gross Heat Content


125,000 BTU/gal
minimum


1 Parts per million (ppm) by weight (water free basis) of fuel.


__ _

















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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
0 TITLE 12, CHAPTER 9




S 204-21. Regulations to control open burning
SNo person shall permit, cause, suffer or allow open burning
except under the following circumstances:
S(a) When in the judgment of the Commissioner or his
authorized representative, no other method for the
G disposal of the material exists or can reasonably be
obtained.
(b) Where the fire is for recreational, educational ,
D ceremonial or cooking purposes, including barbecues,
provided no smoke violation or other nuisance is created.
[1 (c) When authorized by the Commissioner or his designated
representative, fires are permitted for the following
f purposes: elimination of fire hazards, conservation
practices, disease control, game management, training and
1 instruction of bona fide fire-fighting and fire-rescue
personnel, civil defense needs, land clearance for
private home construction in rural areas and special
| circumstances. Such fires may not be authorized wherein
ambient air quality of other property is detrimentally
11 affected.
(1) All open burning shall be conducted between the
Hours of 7:00 a.m. and 5:00 p.m. It shall be
unlawful to conduct open burning outside of the
times specified herein.
(2) It shall be unlawful to fail or refuse to
extinguish any open burning when directed to do so
Ii by any authorized representative of the
Commissioner, any member of the Virgin Islands Fire
Service or any peace officer.
(3) All persons conducting open burning shall have a

32










VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



valid fire permit available for inspection by
lawful authorities. It shall be unlawful for any
person to fail or refuse to present a valid fire
permit to any lawful authority for inspection.
(d) Where no practical alternative exists for safety flares
or smokeless flares for the combustion of waste gases,
provided other conditions of the Air Quality Control Act
and the regulations set forth pursuant to this division
are met.
The Commissioner or his authorized representative may impose
any reasonable conditions which he deems necessary (1) to prevent
the creation of excessive smoke, (2) to protect property, or (3) to
protect the health, safety or comfort of the public.


S 204-22. Regulations to control emission of visible air
contaminants
(a) No person shall discharge into the atmosphere, from any
stationary source, any air contaminants) with opacity
equal to or greater than twenty percent (20%) for any
time period.
(b) Notwithstanding the above, fuel-burning facilities may
discharge into the atmosphere any air contaminants) with
opacity equal to or less than forty percent (40%) for a
period or periods aggregating not more than three (3)
minutes in any thirty (30) minutes.
(c) Restrictions applicable to Marine Vessels. No person
shall discharge into the atmosphere any air
contaminants) with opacity equal to or greater than
twenty percent (20%) from any moored or docked vessel at
any time except from fuel-burning facilities. Emissions
from fuel-burning facilities on moored vessels may












U VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


l discharge contaminants) with opacity less than or equal
to forty percent (40%).

S 204-23. Regulations governing emission of particulate matter
S(a) Particulate Emissions from Hot-Mix Asphalt Plants.

(1) No person shall permit because, suffer or allow
particulate matter emissions from such plant into
Sthe atmosphere in excess of the quantity in Table I

[see section 204-32 of this division]. For a
I process weight between any two consecutive process
weights in the table, the emission limitation shall
Sbe determined by interpolation. Where the plant
has more than one stack, the emission total is that
from all stacks.
(2) No plant shall operate without a fugitive dust
control system and the system shall operate and be
II maintained so that particulate emission is limited

to the stack outlet.
II (3) The owner or operator of plant shall maintain dust
control of the plant premises and plant owned,
Leased, or controlled access roads by paving, oil
treatment, or other suitable measures. Good
I operating practices shall be observed in relation
to stockpiling, screen changing, and general
maintenance to prevent dust generation and
i atmospheric entrainment. Good operating practices,
including water spraying or other suitable
II measures, shall be employed to minimize dust

generation and an atmospheric entrainment when hot
Sbins are pulled.



34









VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



(b) Particulate Emissions From Fuel-Burning Equipment.
(1) No person shall cause, suffer, or allow to be
emitted into the outdoor atmosphere from any solid
fuel-burning equipment or premises, or to pass a
convenient measuring point near the stack outlet,
particulate matter in excess of the quantity set
forth in the following table. The formula, E =
1.0/p022, must be used to interpolate allowable
particulate matter emissions for cases in which the
British thermal unit (Btu) values for a source fall
between those that are listed in the table. As
used in this formula, E = allowable emission rate
in one (1) pound per million Btu and p = total heat
input in million Btu/hour.


MAXIMUM ALLOWABLE PARTICULATE EMISSIONS FROM SOLID FUEL-BURNING
-1
EQUIPMENT AS A FUNCTION OF HEAT INPUT



Heat input, millions Maximum allowable
of British thermal units emission of particulate
per hour matter in pounds per hour
per million British
thermal units of heat
input


10 or less 0.60
100 0.36
1,000 0.22
10,0.00 0.13


35
35
44





0

P
S VIRGIN ISLANDS RULES & REGULATIONS
S AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9

0

(2) No person shall cause, suffer, or allow to be
emitted into the outdoor atmosphere from any fuel-
g burning equipment or premises using oil, coal tar,
any liquid fuel derived from coal, or to pass a
convenient measuring point near the stack outlet,
f particulate matter in excess of the quantity set
forth in the following table:

MAXIMUM ALLOWABLE PARTICULATE EMISSIONS FROM LIQUID FUEL-BURNING
j EQUIPMENT AS A FUNCTION OF HEAT INPUT

Heat input, millions Maximum allowable
] of British thermal units emission of particulate
per hour matter in pounds per hour
IJ per million British
thermal units of heat
1I input

H 50 or less 0.30
50 up to 250 0.20
I 250 up to 10,000 0.10
10,000 or more 0.09


(3) If two (2) or more units connect to a single stack
j or chimney, each unit shall, for the purpose of
computing the maximum allowable emission rate, be
1! considered a separate entity with the allowable
L emission rate for the stadk or chimney the sum of
the individual computations.
Sii









VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



(4) Notwithstanding the above, facilities that
commenced construction prior to August 1, 1986 may
emit particulate matter from any fuel-burning
equipment using oil, coal tar, any liquid fuel
derived from coal, or coal in quantities less than
or equal to the quantity set forth in the following
formula:


E = 1.0/p02

where E = the allowable emission rate in one (1) pound per million
Btu and p = the total heat input in million Btu/hr.


(c) Particulate Emission From Incinerators.
(1) No person shall cause, or permit the emission of
particulate matter from the stack or chimney of any
existing incinerator in excess of the following:
(A) Incinerators with a maximum refuse burning
capacity of two hundred (200) or more pounds
per hour, two hundredths (0.02) grain of
particulate matter per standard dry cubic foot
(sdcf) of exhaust gas.
(B) All other incinerators, three hundredths
(0.03) grain of particulate matter per
standard dry cubic foot of exhaust gas.
(2) No incinerator shall be used for the burning of
refuse unless such incinerator is a multiple
chamber incinerator. Existing incinerators which
are not multiple chamber incinerators, may be
altered, modified, or rebuilt as may be necessary
to meet the requirements of. emission limitations

37





0



VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


after plans and specifications have been approved
g by the Commissioner or his designated
representative.

I (d) Particulate Emissions From Industrial Process Equipment.
(1) The maximum allowable emission of particulate
D matter from any source whatever, except fuel-
burning equipment, refuse-burning equipment and
D equipment or processes otherwise noted herein,
shall be determined from Table II [see section 204-
S32 of this division). To use the table, find the
process weight per hour in the table, and note the
allowable rate of emissions in pounds per hour next
S) to the process weight per hour.
(2) If two (2) or more process units connect to a
i] single stack or chimney, each unit shall for the
purpose of computing the maximum allowable emission
I] rate be considered a separate entity with the
allowable emission rate for the stack or chimney
U the sum of the individual computations.

5 204-24. Storage of petroleum or other volatile products
| A person shall not place, store or hold in any stationary
tank, reservoir, or other container of more than sixty five
IJ thousand (65,000) gallons capacity any petroleum or volatile
product or mixture of products having a vapor pressure two (2.0)
I pounds per square inch absolute or greater under actual storage
conditions, unless such tank, reservoir or other container is a
T! pressure tank maintaining working pressures sufficient at all times
to prevent hydrocarbon vapor or gas loss-to the atmosphere, or is
Designed and equipped with one of the following vapor loss control

38









VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


devices, properly installed, in good working order and in
operation:
(a) A floating roof, consisting of a pontoon type or double-
deck type roof, resting on the surface of the liquid
contents and equipped with a closure seal, or seals, to
close the space between the roof edge and tank wall. The
control equipment provided for in this subsection shall
not be used if the gasoline petroleum distillate or other
volatile products has a vapor pressure of twelve (12.0)
pounds per square inch absolute or greater under actual
storage conditions. All tank gauging and sampling
devices shall be gastight except when gauging or sampling
is taking place.
(b) A vapor recovery system, consisting of a vapor-gathering
system capable of collecting the hydrocarbon vapors or
other gases discharged and vapor-disposal system capable
of processing such hydrocarbon vapors or other gases so
as to prevent their emission to the atmosphere and with
all tank gauging and sampling devices gastight except
when gauging or sampling is taking place.
(c) Other equipment of equal efficiency, provided plans for
such equipment are submitted to and approved by the
Commissioner or his designated representative.


S 204-25. Fugitive emissions
(a) No person shall cause or permit any materials to be
handled, transported, or stored in a building, its
appurtenances, or cause a road to be used, constructed,
altered, repaired, or demolished, without taking the
following precautions to prevent particulate matter from
becoming airborne:

39


.1










J. VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



(1) The use, where possible, of water or suitable
I chemicals for the control of dust in the demolition
of existing buildings or structures, construction
n operations, quarrying operations, the grading of
roads, or the clearing of land;
S(2) The application of asphalt, water, or suitable
chemicals on dirt roads or roads under
construction, materials, stockpiles, and other
f surfaces that can give rise to airborne'dust;
(3) The installation and use of hoods, fans, and fabric
U filters to enclose and vent the handling of dusty
materials. Adequate abatement methods shall be
employed during sandblasting or other similar
Operations;
(4) The covering, at all times when in motion, of open
bodied trucks transporting materials likely to give
rise to airborne dust;
1j (5) The conduct of agricultural practices, such as the
filling of land and the application of fertilizers,
II in such manner as to prevent dust from becoming
airborne;
(6) The paving of roadways and their maintenance in a
clean condition;
i (7) The prompt removal of earth or other material from
paved streets onto which earth or other material
has been transported by trucking or earth-moving
[I equipment, by erosion by water, or by other means;
(8) The planting of shrubs or trees as a natural
I! barrier, or the installation of metal sheet fences
as artificial barriers;
(9) The seeding or planting of grass on exposed

40









VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



terrains.
(b) The Commissioner may require other reasonable measures as
may be necessary to prevent particulate matter from
becoming airborne.
(c) No person shall cause or permit the discharge of visible
emissions of fugitive dust beyond the boundary line of
the property on which the emissions originate.
(d) When air pollutants escape from a building or equipment
and cause a nuisance or violate any regulations, the
Commissioner may order that the building or equipment in
which processing, handling, and storage are done, be
tightly closed and/or ventilated so that all emissions
from the building or equipment are controlled to remove
or destroy such air pollutants before being discharged to
the open air. The implementation of this measure shall
not create occupational health hazards.
(e) Every area, lot, or part of a piece of land intended for
parking with a capacity for accommodating more than forty
(40) vehicles at the same time must be paved with
concrete, asphalt, or equivalent hard surface on all its
roads and parking areas.
(f) Any source, the construction,of which causes emissions of
fugitive dust, shall apply for a permit pursuant to
Section 206-20.


S 204-26. Sulfur compounds emission control


(a) Sulfur Dioxide.
(1) No person shall cause, let, permit, suffer or allow
Sany emission of sulfur oxides which results in
ground level concentrations of sulfur oxides at any

41








r

VIRGIN ISLANDS RULES & REGULATIONS
U AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9

0
given point in excess of 0.5 ppm (volume) in any-
l three hour period or average exposure in excess of
0.14 ppm (volume) of sulfur oxide in any 24-hour
a period, These limitations shall not apply to
ground level concentrations occurring on the
0 property from which such emission occurs, provided
such property, from the emission point to the point
of any such concentration, is controlled by the
person responsible for such emission.
(2) No person shall sell, offer for sale, purchase for
1 use in or use in any stationary air contamination
source having a total combined rated heat input
[ capacity greater than eight million (8,000,000)
Btu/hr fuel oil with a sulfur content by weight in
excess of the value listed in Table 1 of this
subsection. For purposes of this paragraph "total
combined rated heat input capacity" shall be the
sum of the rated heat capacities of all air
contamination sources burning fuel oil.
11 Notwithstanding the above, the following sources
are permitted to use residual fuel oil with a
Ij sulfur content up to 1.5%: Hess Oil Virgin Islands
Corp.; Virgin Islands Alumina Corp. (VIALCO) St.
H Croix; Virgin Islands Water and Power Authority,
St. Thomas and St. Croix. The Commissioner reserves
i the right to revise these limits. The Commissioner
may revoke the above sulfur fuel assignments and
impose stricter assignments if it is determined, by
I ambient air quality data or suitable dispersion
modeling (in conformance with EPA dispersion
modeling techniques) that the potential for

42
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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



violations of ambient air quality standards exists.



Table 1
Maximum Permitted Sulfur Content
of Fuel Oil Expressed in
Percent by Weight

Fuel St. Croix St.Thomas St.John


Distillate Oil 0.3 0.3 0.3
Residual Oil 0.5 0.5 0.5


No person who, prior to January 1, 1974, burned other
than residual fuel oil for combustion purposes shall use
residual fuel oil:
(1) if such use shall increase the amount of sulfur
oxides emitted from the source to the outdoor
atmosphere and
(1i) if the person has not obtained the written approval
of the Commissioner.
All new sources must meet the EPA requirements for new
source performance standards as specified in 40 CFR 60 of
the Code of 'Federal Regulations and must comply with
nondegradation criteria as specified in 40 CFR 51.24 of
the Code of Federal Regulations. The Commissioner may
require fuel oil samples or certification of fuel oil
being combusted.
(3) Nbtwithstanding the requirements of-paragraphs (a) (1)
and (2) of this section, no person shall be authorized to

43











-- VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9

0
burn fuel oil which shall cause the contravention of any
SNational Ambient Air Quality Standard for sulfur oxides
or create a violation of the approved control strategy
Sfor sulfur oxides, as contained in the Virgin Islands Air
Implementation Plan.
(4) No person shall sell, offer for sale, purchase for use or
use in any contaminant source solid fuel with more than
0.60 pounds of sulfur per million Btu gross heat content.
(5) Hess Oil Virgin Island Corp. (HOVIC) and Virgin Islands
Alumina Corp. (VIALCO), in addition to the provisions set
U forth in Section 204-29, shall convert to the use of 0.5%
sulfur fuel oil for their plant processes during any
Malfunction that may occur at any of the sulfur recovery
units (i.e., including any BEAVON or CLAUS units) owned
j and/or operated by said companies.
(6) General Exceptions. (A) Fuel mixtures. Fuels with a
sulfur content in excess of that permitted by this Part
may be used, sold, offered for sale, or-purchased when it
can be demonstrated, to the Commissioner's satisfaction,
j that the sulfur content of the resulting fuel mixture
does not exceed the applicable maximum permitted sulfur
J] content or that the resulting maximum and three (3) month
average emission of sulfur compounds (expressed as sulfur
jI dioxide) to the outdoor atmosphere will not exceed the
L product of the total heat input multiplied by the
n allowable rate of sulfur dioxide emissions) calculated
according to the following equation,

I 2XA + 2YB + 2ZC + 2MB + 2ND
S =
X + + + Z + M + N

44


_ I ~-- ~5Y-Y- L~-~V~C~L~i~Y-Y-~I ~__ WdLbYHy~yyC~~









VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TTITE 12, CHAPTER 9


where:
S= Allowable sulfur dioxide emissions (in pounds per
million Btu).
X= Percent of total heat input from oil.
Y= Percent of total heat input from solid fuel.
Z= Percent of total heat input from gaseous fuel.
M= Percent of total heat input'from refuse derived fuel.
N= Percent of total heat input from liquid fuel.
A= Sulfur content of oil in percent by weight permitted by
this Section multiplied by 0.55.
B= Sulfur content of coal in pounds of sulfur per million Btu
permitted by this Section.
C= Sulfur content of gaseous fuel in grains per 100 sdcf
(expressed as hydrogen sulfide) permitted by this Section,
multiplied by the ratio of 1.34/heating
value of gaseous fuels (in Btu per cubic foot).
D= Sulfur content of liquid fuel in percent by weight
multiplied by the ratio of 10,000/heating value in Btu/lb.
This general exception for fuel mixtures shall apply only to
process or stationary combustion installations.


(b) Hydrogen Sulfide.
(1) No person shall cause or permit the emission of
hydrogen sulfide from any premises in such manner
and amounts that the concentrations attributable to
such emissions in the ambient air at any.occupied
place beyond the premises on which the source is
located exceed 0.03 parts per million by volume for
any averaging period of thirty (30) or more minutes
pn more than two (2) occasions in any five (5)
days.










VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


(c) Stack
(1)


n








hii


(2)


(3)


testing and Monitoring.
Any person responsible for the discharge of sulfur
compounds in the form of gases, vapors, or liquid
particles through a stack or chimney into the
outdoor atmosphere shall, when requested by the
Department, provide the facilities and necessary
equipment for determining the combined quantity of
such sulfur compounds being discharged from the
stack or chimney and, shall conduct stack tests
using methods approved by the Department. Such
tests may include a determination of the sulfur
concentrations, the total gas volume being
discharged and the gas temperature and pressure at
the sampling point in the stack or chimney and the
data shall be reported in a permanent log at such
intervals as specified by the Department. The data
shall be maintained for a period of not less than
one (1) year and shall be available for review by
the Department and inspection by members of the
public.
The provisions of subdivision (c) (1) of this
section shall not apply whenever the total volume
of gases discharged from a stack or chimney is less
than one thousand (1,000) cubic feet per minute at
standard conditions.
Whenever the person responsible for the discharge
of sulfur compounds can present data to the
Department showing that his emissions are well
under the allowable emissions or that his process
produces predictable concentrations and emission
rates, he may apply to the Department for a waiver









VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


or modification of the stack testing requirement.
For the purpose of this section, existing data may
be offered as substantiating evidence for such
waiver or modification. If waiver or modification
is approved by the Department, the Department shall
notify the person of such approval in writing.


204-27. Air pollution nuisances prohibited
(a) No person shall cause or permit the discharge from any
source whatsoever-such quantities of air contaminants or
other material which cause injury, detriment, nuisance,
annoyance to persons or to the public or which endanger
the comfort, repose, health, or safety of any such
persons or the public or which cause or have tendency to
cause injury or damage to business or property.
(b) Nothing in any other regulation concerning emission of
air contaminants or any other regulations relating to air
pollution shall in any manner be construed as authorizing
or legalizing the creation or maintenance of a nuisance
as described in subsection (a) of this section.


5 204-28. Internal combustion engine limits
(a) Mobile Sources. No person shall operate, or cause to be
operated, upon any street, highway, public place or
private premises within the Virgin Islands, any internal
combustion engines, while idling or moving, which emit
from any source of emission whatsoever any air
contaminant that causes an opacity of twenty percent
(20%) or more measured for a period of time equal to one
(1) minute.
(b) Stationary Sources.









VIRGIN ISLANDS RULES & REGULATIONS
.6 AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


0 (i) Except during startup, no person shall operate, or
Cause to be operated, in any existing or new
facility within the Virgin Islands, any .internal
combustion engines which emit from ,any source of
f emissioft whatsoever any air contaminant that causes
an opacity of more than twenty percent (20%).
(ii) No person shall operate, or cause to be operated
during start-up in any existing or new facility
D within the Virgin Islands, any internal combustion
engines which emit from any source of emission
whatsoever, any air contaminant that causes an
opacity of more than forty percent (40%) for three
(3) minutes.



II




I]

11










i; 48
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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



204-29. Upset, breakdown or scheduled maintenance
(a) In the event that any source, air pollution control
equipment or related equipment breaks down, malfunctions,
ruptures, leaks, or is rendered partially or totally
inoperative such that releases of an air contaminant are
in excess of allowable emission limits, the owner or
operator of such equipment shall, within four (4) hours,
report to the Commissioner such failure or incident and
provide all pertinent available facts, including the
estimated duration of the incident. The Commissioner
shall be notified in writing not later than one (1) week
after the incident. This report shall include specific
data concerning the affected source, air pollution
control equipment and other related equipment, date, hour
and duration of the incident, and corrective measures
taken or to be taken. In the event the malfunction has
been corrected within this period of time, information
requested in subsection (d) of this Section shall also be
submitted with the written report.
(b) If the malfunction which causes excess air pollution
extends or will extend for more than twenty-four (24)
hours, the Commissioner may require that the affected
facility can only be operated to the end of a cycle or
within forty-eight (48) hours. after the malfunction
occurs, whichever is sooner, at which time it shall be
shut down for repairs. Nevertheless, if the malfunction
causes the emission of contaminants into the ambient air
in quantities that pose an imminent danger to the public,
the affected installation or facility shall immediately
cease operations or shall act as specified in its
approved emergency response plan pursuant to Section 204-

49


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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



33(c).
D (c) The occurrence of a malfunction shall not relieve the
owner or operator from the responsibility of complying
with the substantive provisions of this Regulation.
II (d) Not later than fifteen (15) days after correction of a
malfunction incident, the owner or operator shall submit
a written report to the Commissioner including:
(1) A certification that the malfunction has been
I corrected, specifying the date of corrective
action and effective date of compliance;
(2) A description of the corrective measures
undertaken to avoid such a malfunction in the
Future;
I (3) An estimate of the total emissions caused by
the malfunction;
1] (4) Identification of the air contaminants
emitted;
| (5) Actual or estimated emission rates of the
contaminants. In addition, the Commissioner
n may require the following items to be included
in a written report;
(6) Pictures of the equipment or controls which
II failed; and
(7) Estimated ground level concentrations of the
j1 contaminants within a ten (10) km. radius of

the source along with the effects of such
li emissions.


I 204-30. Circumvention
No person shall build, erect, install or use any article,
machine, equipment or other contrivance, the sole purpose of which

50








VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



is to dilute or conceal an emission without resulting in a
reduction in the total release of air contaminants to the
atmosphere. Increase in stack height or construction so as to
increase stack exit velocity of gases shall not constitute a
violation of this section.


S 204-31. Duty to report discontinuance or dismantlement
It shall be the duty of the person responsible for any
discontinued or dismantled fuel burning, combustion or process
equipment or device coming under the jurisdiction of the permits
provision of this chapter subchapterr 206 of this Title] to report
to the Department. within thirty (30) days the permanent
discontinuance or dismantlement of such equipment or device.

TI
5 204-32. Variance clauses
Where emission sources in existence prior to adoption of this
division do not meet the particulate matter emission limitations
noted in preceding sections then a program to the particulate
matter emission limitations stipulated shall be developed and
offered to the Commissioner by the owner of the equipment causing
the emission. This program shall be submitted upon the request of
and within such times as shall be reasonably determined by the
Commissioner and after said program 'has been approved by the
Commissioner, the owner of the equipment-.causing the emission,
shall not be in violation of this division so long as said program
is observed. In evaluating such a program of improvement, the
Commissioner shall take into consideration the following factors:
(a) Action taken to control atmospheric pollution within
emission limitations in effect prior to this division.
(b) Efficiency of any existing control equipment relative to
that which would be required to meet emission limitations of this

51
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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


division.
D (c) Temporary interim control measures intended to minimize
existing pollution levels.
(d) The effect the source of emission has on air pollution
1 generally or in the immediate vicinity of the source.
Any variance granted pursuant to the provisions of this
Q division shall be granted for such a period of time, not to exceed
one (1) year, but such variance may be continued from year to year.
n When a variance is granted, an acceptable compliance schedule shall
be developed including regular progress reports.



TABLE I

Aggregate Process Rate Stack Emission Rate
II Pounds Per Hour Pounds Per Hour

1 10,000 10
20,000 16
S30,000 22
40,00.0 28
50,000 31
II 100,000 33
200,000 37
i 300,000 40
400,000 43
I] 500,000 47
600,000 50





52
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Li 52
'








VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


TABLE II
ALLOWABLE RATE OF EMISSION BASED ON
PROCESS WEIGHT RATE'


Process Weight Rate Rate of Process Weight Rate Rate of
Emission Emission
(Lb/Hr.) (Tons/Hr.) (Lb/Hr.) (Lb/Hr.) (Tons/Hr.) (Lb/Hr.)


100 0.05 0.551 16,000 8.00 16.5
200 0.10 0.877 18,000 9.00 17.9
400 0.20 1.40 20,000 10. 19.2
600 0.30 1.83 30,000 15. 25.2
800 0.40 2.22 40,000 20. 30.5
1,000 0.50 2.58 50,000 25. 35.4
1,500 0.75 3.38 60,000 30. 40.0
2,000 1.00 4.10 70,000 35. 41.3
2,500 1.25 4.76 80,000 40. 42.5
3,000 1.50 5.38 90,000 45. 43.6
3,500 1.75 5.96 100,000 50. 44.6
4,000 2.00 6.52 120,000 60. 46.3
5,000 2.50 7.58 140,000 70. 47.8
6,000 3.00 8.56 160,000 80. 49.0
7,000 3.50 9.49 200,000 100. 51.2
8,000 4.00 10.4 1,000,000 500. 69.0
9,000 4.50 11.2 2,000,000 1,000. 77.6
10,000 5.00 12.0 6,000,000 3,000. 92.7
12,000 6.00 13.6


SInterpolation of the data in this table for process weight rates
up to 60,000 lb/hr shall be accomplished by use of the equation
E = 4.10 P .67, and interpolation and extrapolation of the data for










VIRGIN ISLANDS RULES & REGULATIONS
) AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


Process weight rates in excess of 60,000 lb/hr shall bfe
accomplished by use of the equation; E = 5.0 P :11-40, where E
U rate of emission in lb/hr and P = process weight in tons/hr.

SFor those processes whose weight exceeds 200 tons/hr, maximurrm
allowable emission may excqed that shown in Table II, provided that
0 the concentration of particulate matter in the discharge gases to
the atmosphere is less than 0.10 pounds per 1,000 pounds of gases

S 204-33. Air pollution emergencies
This regulation is designed to prevent the excessive buildup
of air pollutants during air pollution episodes, thereby preventing
the occurrence of an emergency, due to the effects of these
11 pollutants on the health of persons.
(a) Episode criteria. The Commissioner shall publicly
1 announce the existence of an air pollution alert, air
pollution warning, or air pollution emergency whenever
nI the Commissioner determines that the accumulation of air
pollutants in any place is attaining or has. attained
concentrations that could, if such concentrations are
j sustained or exceeded, lead to a substantial threat to
the health of the public. In making this determination
Ij with respect to sulfur dioxide and particulate matter,
the Commissioner will be guided by the following:
L (1) "Air Pollution Forecast". An internal watch by the

staff of the Department shall be activated by a
I National Weather Service advisory that an

Atmospheric Stagnation Advisory is in effect or the
equivalent local forecast of stagnant atmospheric
Ui conditions.
(2) "Alert". The Alert is that concentration of
U 54


iJ









VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


pollutants at which first stage control action
shall begin. An Alert will be declared when any
one of the following concentrations is reached at
any monitoring site:
(A) Sulfur dioxide 800 ug/m3 (0.28 ppm) for 24-
hour average;
(B) Particulate matter 375 ug/m3 for 24-hour
average (measured as total suspended
particulate);
(C) Sulfur dioxide and particulate matter
combined-product of sulfur dioxide (ug/m3) for
24-hour average and particulate matter (ug/m3)
for 24-hour average equal to- 65 x 103 and
meteorological conditions are such that
pollutant concentrations can be expected to
remain at or increase over the above mentioned
concentration for twelve (12) or more hours
unless control actions are taken.
(3) "Warning". The warning level indicates that air
quality is continuing to degrade and that
additional control actions are necessary. A
warning will be declared when any one of the
following concentrations is reached at any
monitoring site:
(A) Sulfur dioxide 1600 ug/m3 (0.56 ppm) for 24-
hour average;
(B) Particulate matter 625 ug/m3 for 24-hour
average;
(C) Sulfur dioxide and particulate matter combined
product of sulfur dioxide (ug/m3) for 24-hour
average and particulate matter (ug/m') for 24-










VIRGIN ISLANDS RULES & REGULATIONS
) AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9


0 hour average equal to 261 x 103 and

meteorological conditions are such that
pollutant concentrations can be expected tc
remain at or increase over the above
f concentrations for twelve (12) or more hours,

unless,control actions are taken.
0 (4) "Emergency". The emergency level indicates that
air quality is continuing to degrade to a level
That should never be reached and that the most
stringent control actions are necessary. An
emergency will be declared when any one of the
Following concentrations is reached at any
monitoring site:
1 (A) Sulfur dioxide 2100 ug/m3 (0.73 ppm) for 24-

hour average;
T1 (B) Particulate matter 875 ug/m3 for 24-hour

average;
I (C) Sulfur dioxide and particulate matter combined

ptauduct -f $SO2 (uf/m3) for 24-hour average and
particulate matter (ug/m') for 24-hour average
I equal to 393 x 103 and meteorological
conditions are such that these conditions can
1 be expected to continue for twelve (12) hours

or more.
II (5) "Termination". Any status reached by application
of these criteria will remain in effect once
declared until the criteria for that level are no
i longer met. At such time, the next lower status

will be assumed.
I (b) Emission Reductions
(1) When the Commissioner declares an air pollution
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VIRGIN ISLANDS RULES & REGULATIONS
AIR POLLUTION CONTROL
TITLE 12, CHAPTER 9



methods.
(4) Each permit shall contain all applicable
recordkeeping requirements and require, if
applicable, the following:
(A) Records of required monitoring information
that include the following:
(i) The date, place as defined in the permit,
and time of sampling or measurements.
(ii) The date(s) analyses were performed.
(iii) The company or entity that performed the
analyses.
(iv) The analytical techniques or methods
used.
(v) The results of such analyses.
(vi) The operating conditions as existing at
the time of sampling or measurement.
(B) Retention of records of all required
monitoring data and support information for a
period of at least five (5) years from the
.i
date of the monitoring sample, measurement,
report, or application. Support information
includes all calibration and maintenance
records and all original strip-chart
recordings for continuous monitoring
instrumentation and copies of all reports
required by the permit.
(5) With respect to reporting, the permit shall
incorporate all applicable reporting requirements
and require the following:
(A) Submittal of reports of any required
monitoring at least every six (6) months. All


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instances of deviations from permit
requirements must be clearly identified in
such reports. All required reports must be
certified by a responsible official at the
facility consistent with section 206-64 of
this subchapter.
(B) Prompt reporting of deviations from permit
requirements, including those attributable to
upset conditions as defined in the permit, the
probable cause of such deviations, and any
corrective actions or preventive measures
taken. The Department shall define "prompt"
in relation to the degree and type of
deviation likely to occur and the applicable
requirement. For purposes of the this section
a prompt report of deviations from permit
requirements shall be in accordance with the
following schedule:
(i) Any deviation resulting from emergency or
upset conditions as defined in the permit
shall be reported within two (2) working
days of the date on which the permitted
first became aware of the deviation.
(ii) Any deviation that poses an imminent and
substantial danger to public health,
safety, or the environment shall be
reported within twenty-four (24) hours of
the deviation.
(iii) Any other deviations that are identified
in the permit as requiring more frequent
reporting than the permitted's semi-


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annual report shall be reported on the
schedule specified in the permit.
(6) The permit shall contain a severability clause to
ensure the continued validity of the various permit
requirements in the event of a challenge to any
portions of the permit.
(7) The permit shall contain provisions stating the
following:
(A) The permitted source must comply with all
conditions of the part 70 permit. Any permit
noncompliance constitutes a violation and is
grounds for enforcement action; for permit
termination, revocation and reissuance, or
modification; or for denial of a permit
renewal application.
(B) A source shall not claim as a defense in an
enforcement action that it would have been
necessary to halt or reduce the permitted
activity in order to maintain compliance with
.i
the conditions of this permit.
(C) The permit may be modified, revoked, reopened
and reissued, or terminated for cause. The
filing of a request.by the source for a permit
modification, revocation and reissuance, or
termination or the filing of a notification
of planned changes or anticipated
noncompliance does not stay any permit
condition.
(D) The permit does not convey any property rights
of any sort or any exclusive privilege.
(E) The source shall furnish to the Department,


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within a reasonable time,- any information that
the Department may request in writing to
determine whether cause exists for modifying,
revoking and reissuing, 'or terminating the
permit or to determine compliance with the
permit. Upon request, the source shall also
furnish to the Department copies of records
required to be kept by the permit or, for
information claimed to be confidential, the
source may furnish such records directly to
the Administrator along with a claim of
confidentiality.
(8) The permit shall contain a provision to ensure that
) a source subject to part 70 by section 206-51 of
this subchapter pays fees to the Department,
consistent with the fee schedule identified in
section 206-92.
(9) The permit shall contain a provision stating that
no permit revision shall be required under any
approved economic incentives, marketable permits,
emissions trading and other similar programs or
processes for changes that are provided for in the
permit.
(10) The permit shall contain terms and conditions for
the reasonably anticipated operating scenarios
identified by the source in its application as -
approved by the Department. Such terms and
conditions:
(A) Shall require the source, while making a
change from one operating scenario to another,
to record in a log at the permitted facility a


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r
record of the scenario under which it is
operating;
t-
(B) May extend the permit shield described in
section 206-71(e) of this subchapter to all
terms and conditions under each operating
scenario; and
(C) Must ensure that the terms and conditions of
each such alternative scenario meet all
applicable requirements and the requirements
of this subchapter.
(11) The permit shall contain, at the applicant's
request, terms and conditions for trading emissions
increases and decreases in the permitted facility,
to the extent that the applicable requirements
provide for trading such increases and decreases
without a case-by-case approval of each emission
trade. Such terms and conditions:
(A) Shall include all terms required under
section 206-71(a) and (b) of this subchapter
to determine compliance;
'1
(B) May extend the permit shield described in
section 206-71(e) of this subchapter to all
terms and conditions that allow such increases
and decreases in emissions; and
(C) Mpst meet all applicable requirements and the
requirements of this subchapter.
(12) The permit may include provisions for a permit
shield, as described in section 206-71(e) of this
subchapter, if the source has requested a shield in
its permit application.
(b) All part 70 operating permits issued by the Department


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shall contain the following elements with respect to
compliance.
(1) Consistent with section 206-71(a)(3-5) of this
subchapter, the permit shall contain compliance
certification, testing, monitoring, reporting, and
recordkeeping requirements sufficient to ensure
compliance with. the terms and conditions of the
permit. Any document (including reports) required
by a part 70 permit shall contain a certification
by a responsible official at the facility that
meets the requirements of section 206-64 of this
subchapter.
(2) The permit shall contain inspection and entry
requirements that require that, upon presentation
of credentials and other documents as may be
required by law, the owner/operator shall allow
Department employees or their representatives to
perform the following:
(A) Enter upon the owner/operator's premises where
a part 70 source is located or emissions-
related activity is conducted, or where
records must be kept under the conditions of
the permit;
(B) Have access to and copy, at reasonable times,
any records that must be kept under the
conditions of the permit;
(C) Inspect at reasonable times any facilities,
equipment (including monitoring and air
pollution control equipment), practices, or
operations regulated or required under the
permit; and


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(D) As authorized by the Act, sample or monitor at r
reasonable times substances or parameters for
the purpose of ensuring compliance with the
permit or applicable requirements.
(3) The permit shall contain a schedule of compliance
consistent with section 206-63(b)(3) of this
subchapter.
(4) The permit shall contain a schedule for submission
of progress reports, if applicable, consistent with
section 206-63(b.(4) of this subchapter, which are
to be submitted every six (6) months, or on a more
frequent basis if specified by the applicable
requirement or the Department. Progress reports
shall contain the following:
(A) Dates for achieving the activities,
milestones, or compliance required in the
schedule of compliance, and dates when such
activities, milestones, or compliance were
achieved; and
(B) An explanation of why any dates in the
schedule of compliance were not or will not be
met, and any preventive or corrective measures
adopted.
(5) The permit shall contain requirements for
compliance certification with terms and conditions
contained in the permit, including emission
limitations, standards, or work practices. Permits
shall include each of the following:
(A) The frequency (not less than annually, or more
frequent periods as specified in the
applicable requirement or by the Department)

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of submissions of compliance certifications.
(B) In accordance with section 206-71(a)(3) of
this subchapter, a means for monitoring the
compliance of the source with its emissions
limitations, standards, and work practices.
(C) A requirement that the compliance
certification include the following:
(1) The identification of each term or
condition of the permit that is the
basis of the certification.
(ii) The compliance status.
(iii) Whether compliance was continuous or
intermittent.
) (iv) The methods) used for determining the
compliance status of the source,
currently and over the reporting period,
consistent with section 206-71(a)(5) of
this subchapter.
(v) Such other facts as the Department may
require to determine the compliance
status of the source.
(D) A requirement that all compliance
certifications be submitted to the
Administrator as well as to the Department.
(E) Such additional requirements as may be
specified pursuant to sections 114(a)(3) and
504(b) of the Act.
(6) The permit shall contain such other provisions as
the Department may require.
(c) The extent to which a part 70 operating permit is
Federally enforceable is provided by the following






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provisions:
(1) All terms and conditions in a part 70 permit,
including any provisions designated to limit a
source's potential to emit, are enforceable by the
Administrator and citizens under the Act.
(2) Notwithstanding section 206-71(c)(1) above, the
Department shall specifically designate as not
being Federally enforceable under the Act any terms
and conditions included in the permit that are not
required under the Act or under any of its
applicable requirements. Terms and conditions so
designated are not subject to sections 206-70 ]
through 206-73 and sections 206-80 through 206-83
of this subchapter, except section 206-71(c).
(d) An emergency, as defined in section 204-20(p),
constitutes an affirmative defense to a charge of
noncompliance with technology-based emission limitations,
as required by a source's permit, in accordance with the
following provisions:
(1) The affirmative defense of emergency shall be
demonstrated through properly signed operating logs
or other relevant evidence that:
(A) An emergency occurred and that the
owner/operator can identify the causes) of
the emergency.
(B) The permitted facility was being properly .
operated at the time of the emergency.
(C) During the period of the emergency, the
owner/operator took all reasonable steps to
minimize levels of emissions that exceeded the
emission standards, or other requirements in

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0 the permit.
(D) The owner/operator submitted notice of the
0 emergency to the Department within two (2)
working days of the time when emission
o limitations were exceeded due to the
emergency, consistent with section
0 206-71(a)(5)(B). The notice must contain a
description of the emergency, any steps taken
Sto mitigate emissions, and corrective actions
taken.
(2) In any enforcement proceeding, the facility seeking
to establish the occurrence of an emergency has the
burden of proof.
I \ (3) This provision is in addition to any emergency or
upset provision contained in any applicable
T requirement.
(e) A permit shield may be included as a condition of a
I permit in accordance with the following provisions:
(1) Except as specifically excluded in this subchapter,
the Department may include in a part 70 permit a
j1 provision stating that compliance with the
conditions of the permit shall be deemed compliance
With any applicable requirements as of the date of
permit issuance, provided that:
I (A) Such applicable requirements are included and
are specifically identified in the permit; or
U (B) The Department, in acting on the permit
application or revision, determines in writing
that other requirements specifically
[ identified are not applicable to the source,
and the permit includes this determination or
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a concise summary thereof.
(2) A part 70 permit that does not expressly state that
a permit shield exists shall be presumed not to
provide such a shield.
(3) Nothing in this section 206-71(e) or in any part 70
permit shall alter or affect the following:
(A) The provisions of section 303 of the Act
(emergency orders), including the authority of
the Administrator under that section;
B)- The liability of an owner or operator of a ]
source for any violation of applicable
requirements, prior to or at the time of
permit issuance; and
(C) The ability of EPA to obtain information from
a source pursuant to section 114 of the Act.

S 206-72. Other permits under part 70


(a) General Permits.
General permits may be granted to certain facilities or
to cover specific emission units at a facility in
accordance with the following provisions:
(1) The Department may, after notice and opportunity
for public participation provided under section
206-73(d) of this subchapter, issue a general
permit covering numerous similar sources. Any
general permit shall comply with all requirements
applicable to other part 70 permits and shall
identify criteria by which sources may qualify for
the general permit.
(2) Part 70 sources that would qualify for a general

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permit must apply to the Department for coverage or
must apply for a part 70 permit consistent with
sections 206-61, 206-63, and 206-64 of this
subchapter. The Department may, in the general
| permit, provide for applications that deviate from
the application requirements in the aforementioned
Sections, provided that such applications meet the
requirements of Title V of the Act. These t
0 applications also must include all information
necessary to determine qualification for, and to
Ensure compliance with, the general permit.
(3) Sources that are described as the following
activities, or have emission units described as the
P following activities, may request that such
activities be covered by a general permit:
f (i) Small heating systems.
(ii) Sheet-fed printers.
I (iii) Degreasers.
(iv) Dry cleaning operations.
(v) Volatile organic compound storage tanks.
(4) The Commissioner or his designated representative
may in the future identify additional source
11 categories to be covered by general permits.
Source categories covered by general permits must
| meet each of the following criteria:
(i) Sources belonging to the same source
i categories should be generally homogeneous in
terms of operations, processes, and emissions;
I (ii) Sources should not be subject to case-by-case
standards or requirements; and
(iii) Such sources should be subject to the same or

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substantially similar requirements governing
operation, emissions, monitoring, reporting,
or recordkeeping.
(5) Sources may request to be covered by a general
permit solely to prevent the source from
classification as a major source and compliance
with major source applicable requirements.
(6) Without repeating the public participation
provisions required by section 206-73(d) of this
subchapter, the Department may grant a source's
request for authorization to operate under a
general permit, but such a grant shall not be a
final permit action for purposes of .judicial
review.
(7) Notwithstanding the permit shield provisions of
section 206-71(e) of this subchapter, the source
covered by a general permit shall be subject to
enforcement action for operation without a part 70
permit if the source is later determined not to
qualify for the conditions and terms of the general
permit.
1i

(b) Temporary Sources.
The Department may issue a single permit authorizing
emissions from similar operations by the same source owner or
operator at multiple temporary locations in accordance with the
following provisions:
(1) The operation must be temporary and involve at
least one (1) change of location during the term of
the permit.
(2) Permits for temporary sources shall include:
(2) Permits for temporary sources shall include:


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(A) Conditions that will assure compliance with
all applicable requirements at all authorized
L locations.
(B) Requirements that the owner or operator notify
] the' Department at least ten (10) days in
advance of each.change in location.
I (C) Conditions that assure compliance with all
other provisions of section 206-71 of this
Ssubchapter.


D5 206-73. Permit issuance


(a) Action on Application.
(1) No permit, permit modification, or permit renewal
shall be issued unless the following conditions
U1 have been met:
(A) The Commissioner has received a complete
] application for a permit, permit modification,
or permit renewal, except that a complete.
application need- not be received before
i] issuance of a general permit under section
206-72(a) of this subchapter.
I] (B) Except for minor permit modifications, the
Commissioner has complied with the
U requirements for public participation as
specified in paragraph (d) of this section.
'I (C) The Commissioner has complied with the
requirements for notifying and responding to
1 affected States under paragraph (b)(2) and
i (b)(5) of this section.-
(D) The conditions of the permit provide for
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compliance with all applicable requirements
and the requirements of this subchapter; and
(E) The Administrator has received a copy of the
proposed permit and any notices required under
paragraph (b) of this section, and has not
objected to issuance of the permit under
paragraph (c) of this section.
(2) Except as provided in paragraph (3) of this
section, the Commissioner shall take final action
on each permit application within eighteen (18)
months after receiving a complete application.
(3) Applications processed during the three (3) year
period following final EPA approval of the part 70
Permit Program shall be subject to a transition
plan. This plan shall provide that:
(A) Submittal of permit applications by all part
70 sources shall occur within one (1) year
after the effective date of the permit
program;
(B) Final action shall be taken on at least one-
third of such applications annually over a
period not to exceed three (3) years after
such effective date; and
(C) Any complete permit application containing an
early reduction demonstration under section
112(b)(5) of the Act shall be acted on within
nine (9) months of receipt of the complete
r
application.
(4) The Commissioner shall give priority to taking
action on applications for construction or
modification under Title I, parts C and D of the


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n Act.
(5) Except for modifications processed under minor
| permit modification procedures, as provided in
section 206-82 paragraphs (6) and (c) of this
0 subchapter, within sixty (60) days of receipt of
the application the Commissioner shall provide
Notice to the applicant of whether the application
is complete. Unless the Commissioner requests
additional information or otherwise notifies the
G applicant of incompleteness within sixty (60) days
of receipt of an application, the application shall
o be deemed complete.
(6) The Commissioner shall submit to EPA, and to any
other person who requests it, a statement, that
I presents the legal and factual basis for the draft
Permit conditions, including references to the
applicable statutory or regulatory provisions.
(7) The submittal of a complete application shall not
|j affect the requirement that a&y source obtain. a
preconstruction permit under Title I of the Act.
l (8) Failure of the Commissioner to act on a permit
application shall not be deemed issuance by
1 default.


f (b) EPA and Affected State Review.
(1) The Commissioner shall provide to the Administrator
a copy of each permit application (including any
1_I application for permit modification), each proposed
permit, and each final permit.
I (2) The Commissioner shall give notice of each draft
permit to any affected State on or before the time

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that the Commissioner provides this notice to the
public under paragraph (d)(l) of this section,
except to the extent section 206-82 paragraphs (b)
or (c) of this subchapter require the timing of the
notice to be different.
(3) The Administrator may waive the requirements of
paragraphs (b)(1) and (b)(2) of this section for
any category of sources other than major sources.
(4) The Department shall keep for five (5) years such
records and submit to the Administrator such
information as the Administrator may reasonably
require to ascertain whether the Territory's
program complies with the requirements of. the Act
or of part 70.
(5) The Commissioner, as part of the submittal of the
proposed permit to the Administrator (or as soon as
possible after the submittal for minor permit
modification procedures allowed under section
206-82 paragraphs (b) and (c) of this subchapter),
shall notify the Administrator and any affected
State in writing of any refusal by the Commissioner
to accept all recommendations for the proposed
permit that the affected State submitted during the
public or affected State review period. The notice
shall include the Commissioner's reasons for not
accepting any such recommendation. The
Commissioner is not required to accept
recommendations that are not based on applicable
requirements or the requirements of this
subchapter.
4j


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U (c) EPA Objection.
(1) No permit for which an application must be
Transmitted to the Administrator under paragraph
(b)(1) of this section shall be issued if the
l Administrator objects to its issuance in writing r
within forty five (45) days of receipt of the
n proposed permit and all necessary supporting
information.
(2) Any EPA objection under paragraph (c)(1) of this
section shall include a statement of the
Administrator's reasons for objection and a
| description of the terms and conditions that the
permit must include to respond to the objections.
I The Administrator shall provide the permit
applicant with a copy of the objection.
TI (3) The EPA has grounds for objection if the
Commissioner fails to take any of the following
Sections:
(A) Comply with paragraph (b) of this section;
(B) Submit any information necessary to adequately
U review the proposed permit;.or
(C) Except for minor permit modifications, process
U the permit under the procedures approved to
meet the requirements of paragraph (d) of this
I] section.
(4) If the Commissioner fails to revise and submit a
f proposed permit in response to an objection under
1 paragraph (c)(1) of this section within ninety (90)
days after the date of the objection, the
ij Administrator will issue or deny the permit in
accordance with the requirements of the program
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promulgated under Title V of the Act.


(d) Public Participation.
(1) Procedures.. Except for modifications qualifying
for minor permit modification procedures under
section 206-82 paragraphs (b) and (c) of this
subchapter, all permit proceedings shall provide
adequate procedures for public notice, including
offering an opportunity for public comment and a
hearing on the draft permit. These procedures
shall include the following;
(A) The Commissioner shall provide notice, by
publication in a newspaper- of general
circulation in the .area where the source is
located or in a Territory publication designed
to give general public notice; to persons on a
mailing list developed by the Commissioner,
including those who request in writing to be
on the list; and by other means if necessary
to ensure adequate notice to the affected
public.
(B) The notice shall identify the affected
facility; the name and address of the source
owner/operator; the name and address of the
Commissioner of the Department processing the
permit; the activity or activities involved in
the permit action; the emissions change
invoked in any permit modification; the name,
address, and telephone number of a person from
whom interested persons may obtain additional
information, including copies of the draft

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f] permit, the application, the compliance plan,
the monitoring and compliance certification
n report, all relevant supporting materials, and
all other materials available to the
1 Commissioner that are relevant to the permit
decision; a brief description of the comment
0 procedures required by this subchapter; and
the time and place of any hearing that may be
held, including a statement of procedures to
request a hearing (unless a hearing has
already been scheduled).
| (C) The Commissioner shall provide such notice and
opportunity for participation by affected
I States as is provided for by section (b) of
this section.
I (D) The Commissioner shall provide at least thirty
(30) days for public comment and shall give
notice of any public hearing at least thirty
1 (30) days in advance of the hearing.
(E) Commenters shall.be reasonably specific in
|j raising issues or objections during the public
comment period; and
U (F) The Commissioner shall keep a record of the
commenters and also of the issues raised
During the public participation process so
that the Administrator may fulfill his
Obligation under section 505(b) of the Act to
j determine whether a citizen petition may be
granted, and such records shall be available
[ to the public.
(2) Public petitions to the Administrator.

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(A) If the Administrator does not object to a
permit application in writing under paragraph
(c)(l) of this section, any person may
petition the Administrator within sixty (60)
days after the expiration of the
Administrator's forty-five (45) day review
period to make such objection. Any such
petition shall be based only on objections to
the permit that were raised with reasonable
specificity during the public comment period
provided for in paragraph (d)(l) of this
section, unless the petitioner demonstrates
that it was impracticable to raise such
objections within such period or unless the
grounds for that objection arose after such
period.
(B) If the Administrator objects to the permit as
a result of a petition filed under paragraph
(d)(2)(A) of this section, the Commissioner
shall not issue the permit until EPA's
objection has been resolved, except that a
petition for review does not defer the
effectiveness of a permit or its requirements
if the permit was issued after the end of the
forty-five (45) day review period and prior to
an EPA objection.
(C) If the Commissioner has issued a permit prior
to receiving an EPA objection under paragraph
(d)(2)(B) of this section, the Administrator
shall modify, terminate, or revoke such permit
and shall do so consistent-with the procedures


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[ in section 206-83 paragraph (b)(4) or (b)(5)
except in unusual circumstances, and the
SCommissioner may thereafter issue only a
revised permit that satisfies EPA's objection.
SIn any case, the source will not be in
violation of the requirement to have submitted
a timely and complete application.

$ 206-74. Permit renewal and expiration
S(a) Renewal Applications. Permits being renewed are subject
to the same procedural requirements, including those for
Public participation and EPA and affected State review,
that apply to initial permit issuance.- An application
I for permit renewal shall be submitted at least six (6)
months prior to the date of permit expiration, and not
1 more than eighteen (18) months prior to expiration.


(b) Continuation of an Expiring Permit. If the owner or
|I operator of an affected facility has submitted a timely
and complete application for a permit renewal consistent
I] with section 206-62 of this subchapter, the permit shall
not expire until the renewed permit has been issued or
i denied, and any permit shield that may be granted
pursuant to section 206-71(e) may extend beyond the
I original permit term until renewal.


(c) Permit Expiration. Permit expiration terminates the
source's right to operate unless the owner or operator of
the affected facility has submitted a timely and complete
It renewal application consistent with sections 206-61(c)
and 206-62 of this subchapter.

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(d) EPA Authority. If the Commissioner fails to act in a
timely way on a permit renewal, EPA may invoke its
authority under section 505(e) of the Act to terminate,
modify or revoke and reissue the permit.


S 206-75 through 79 (RESERVED)


5 206-80. Permit revisions and reopenings
Sections 206-81 through 206-83 address administrative permit
'denhdmehts, permit modifications, and permit reopenings,
respectively.


S 206-81. Administrative permit amendments
(a) Definition. An administrative permit amendment is a
permit revision that does one of the following:
(1) Corrects typographical errors;
(2) Identifies a change in the name, address, or phone
number of any person identified in the permit or
provides a similar minor administrative change at
the source;
(3) Requires more frequent monitoring or reporting by
the source owner or operator;
(4) Allows for a change in ownership or operational
control of a source where the Commissioner
determines that no other change in the permit is
necessary, provided that a written agreement
containing a specific date for transfer of permit
responsibility, coverage, and liability between the
current and new owner or operator has been
submitted to the Commissioner.
(5) Incorporates into the part 70 permit the


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I requirements from preconstruction review permits
authorized under an EPA-approved program, provided
| that such a program meets procedural requirements
substantially equivalent to 'the requirements of
sections 206-70 through 206-83 of this subchapter
that would apply to the change if it were subject
Sto review as a permit modification and that it
meets compliance requirements substantially
equivalent to those contained in sections 206-71
and 206-72 of this subchapter; or
(6) Incorporates any other type of change which the
[ Administrator has determined as part of the
approved part 70 program to be similar to those in
I ) paragraphs (a)(l) through (a)(5) of this section.

1 (b) Procedures.
(1) The Commissioner shall take no more than sixty (60)
] days from the time of receipt of a request for an
administrative permit amendment to take final
action on such request., and may incorporate such
J changes without providing notice to the public or
affected States provided that it designates any
j such permit revisions as having been made pursuant
to this paragraph.
(2) The Commissioner shall submit a copy of the revised
permit to the Administrator.
I (3) The source may implement the changes addressed in
the request for an administrative amendment
immediately upon submittal of the request subject
f to the provisions of section 206-52.


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(c) Permit Shield. The Commissioner may, upon taking final
action granting a request for an administrative permit
amendment, allow coverage by the permit shield in section
206-71(e) for administrative permit amendments made
pursuant to paragraph (a)(5) of this section that meet
the relevant requirements of sections 206-70 through
206-83 and for significant permit modifications.


S 206-82. Permit modifications


(a) General. A permit modification is any revision to a
permit that cannot be accomplished under the provisions
for administrative amendments specified in section
206-81.


(b) Minor Permit Modification Procedures.
(1) Criteria
(A) Minor permit modification procedures may be
used only for those permit modifications that:
(i) Do not violate any applicable
requirement;
(ii) Do not involve significant changes to
existing monitoring, reporting, or
recordkeeping requirements in the permit;
(iii) Do not require or change a case-by-case
determination of an emission limitation
or other standard or a source-specific
determination for temporary sources of
ambient impacts or a visibility or
increment analysis;
(iv) Do not seek to establish or change a

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permit term or conditions for which there
is no corresponding underlying applicable
requirement and that the source has
assumed in order to' avoid.an applicable
requirement to which the source would
otherwise be subject. Such terms and
conditions include:
(1) A Federally enforceable emissions
cap assumed in order to avoid
classification as a modification
under any provision of Title I; and
(2) an alternative emissions limit
approved pursuant to regulations
promulgated under section 112(i)(5)
of the Act.
(v) Are not modifications under any provision
of Title I of the Act; and
(vi) Are not required by this subchapter to be
processed as a significant modification.
(B) Notwithstanding paragraphs (b)(1)(A) and
(c)(1)(A) of this section, minor permit
modification procedures may be used for permit
modifications involving the use of economic
incentives, marketable permits, emissions
trading, and other similar approaches, to the
extent that such minor permit modification
procedures are explicitly provided for in an
applicable implementation plan or in
applicable requirements promulgated by EPA.
(2) Application. An application requesting the use of
minor permit modification procedures shall meet the


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requirements of section 206-63 and shall include
the following:
(A) A description of the change, the emissions
resulting from the change, and any new
applicable requirements that will apply if the
change occurs.
(B) The source's suggested draft permit.
(C) Certification by a responsible official,
consistent with section 206-64, that the
-proposed-modification meets the -criteria for
processing under minor modification procedures
and a request that such procedures be used;
and
(D) Completed forms for the Commissioner to use to
)notify the Administrator and affected States
as required under section 206-73(b).
(3) EPA and affected State notification. Within five
(5) working days of receipt of a complete permit
modification application, the Commissioner shall
notify the Administrator and the affected States of
the requested modification. The Commissioner
promptly shall send any notice required under
section 206-73(b)(5) regarding the Commissioner's
refusal to accept affected State recommendations to
the Administrator and the affected States.
(4) Timetable for issuance.
(A) Although the Commissioner may approve a permit
modification at any time, the Commissioner may
not issue a final permit modification until
after EPA's forty-five (45) day review period
or until EPA has notified the Commissioner


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that EPA will not object to the issuance of
the permit modification, whichever is first.
(B) Within ninety (90) days of receiving an
application or fifteen (15) days after the end
of -the Administrator's forty-five (45) day
review period under section 206-73(c),
whichever is later, the Commissioner shall:
(i) Issue the permit modification as
proposed;
(ii) Deny the permit modification application;
(iii) Determine that the requested modification
does not meet the criteria for minor
permit modifications and should be
reviewed under the significant
modification procedures; or
(iv) Revise the draft permit modification and
transmit the new proposed permit
modification to the Administrator as
required by section 206-73 paragraphs
(b)(l), (b)(.2), and (b)(5) of this
subchapter.
(5) Source's ability to make change.
(A) Upon submitting an application for a minor
permit modification, a source may make the
change proposed in the application.
(B) After the change is made and until the
Commissioner takes any of the actions
specified in paragraphs (b)(4)(B)(i) through
(iv) of this section, the source must comply
with both the applicable requirements
governing the change and the proposed permit


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terms and conditions. During this time period
the source need not comply with the existing
permit terms and conditions it seeks to
modify. If the source fails to comply with
its proposed permit terms and conditions, the
existing permit terms and conditions it seeks
to modify may be enforced against it.
(6) Permit shield. The permit shield may not extend to
modifications made using the minor modification
.. -- .... ..---. proecedu-r-es-. -


(c) Group Processing of Minor Permit Modifications.
(1) Criteria. Group processing of permit modifications
may only be used for modifications that:
) (A) Meet the criteria for minor permit
modification procedures under section
206-82(b)(1) of this subchapter.
(B) Collectively are below the threshold level
approved by the Administrator as part of the
approved program. This threshold shall be ten
(10%) percent of the emissions allowed by the
permit for the emissions units for which the
change is requested; twenty (20%) percent of
the applicable definition of major source in
S70.2 of CFR 40 of this part, or five (5) tons
per year, whichever is least.
(2) Application. An application requesting the use of
group processing procedures shall meet the
requirements of section 206-63 and shall include
the following:
(A) A description of the change, the emissions


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resulting from the change, and any new
applicable requirements that will apply if the
change occurs.
(B) The source's suggested draft permit.
(C) Certification by a responsible official,
consistent with section 206-64, that the
proposed modification meets the criteria for
using group processing procedures and a
request that such procedures be used; and
(D) A list of the source's other pending
applications awaiting group processing and a
determination of whether the requested
modification, aggregated with these other
applications, equals or exceeds the threshold
) set under paragraph (c)(1)(B) of this section.
(E) Certification, consistent with section 206-64
of this subchapter, that the source has
notified EPA of the proposed modifications.
Such notification need only contain a brief
description of the requested modification.
(F) Completed forms for the Commissioner to use to
notify the Administrator and affected States
as required under section 206-73(b).
(3) EPA and affected State notification. On a
quarterly basis or within five (5) working days of
receipt of a complete permit application
demonstrating that the aggregate of a source's
pending applications equals or exceeds the
threshold level set under paragraph (c)(1)(B) of
this section, whichever is earlier, the
Commissioner shall notify the Administrator and the


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affected States of the requested modification
consistent with section 206-73 paragraphs (b)(l)
and (b)(2). The Commissioner shall also send any
notice required under section 206-73(b)(5) to the
Administrator.
(4) Timetable for issuance. The provisions of
paragraph (b)(4) of this section shall apply except
that the Commissioner shall take one of the actions
specified in paragraph (b)(4)(B) of this section
-.... ..... _.. withi.s-nee hundredd eighty. (180) .days-..of receipt ..of
the application or fifteen (15) days after the end
of the Administrator's 45-day review period under
section 206-73(c) of this subchapter, whichever is
later.
) (5) Source's ability to make change. The provisions of
paragraph (b)(5) of this section shall apply.
(6) Permit shield. The permit shield may not extend to
minor permit modifications made using the group
processing procedures.


(d) Significant Permit Modification Procedures.
(1) Criteria. Significant permit modification
procedures shall be 'used for applications
requesting permit modifications that do not qualify
as minor permit modifications or administrative
amendments.
(2) Application. An application shall meet the
requirements of section 206-63 and shall include
the following:
(A) A description of the change, the emissions
resulting from the change, and any new

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applicable requirements that will apply if the
change occurs.
(B) The source's suggested draft permit.
(C) Completed forms for the Commissioner to use to
notify the Administrator and affected States
as required under section 206-73(b).
(3) Procedures. Significant permit modifications shall
meet all requirements under this subchapter,
including those for applications, public
participation, review by affected States, and
review by EPA, as they apply to permit issuance and
permit renewal.

) 5 206-83. Permit openings


(a) Reopenings for Cause.
(1) Under the following conditions, the permit must be
reopened prior to the expiration date and revised:
(A) New/additional applicable requirements become
applicable to a major part 70 source with
three (3) or more years remaining in the
permit term. Permits with three (3) or more
years remaining prior to the expiration date
shall be reopened to incorporate any newly
promulgated section 112 standard. The
reopening must be completed within eighteen
(18) months after promulgation of the
applicable requirement.
(B) The EPA or the Commissioner identify mistakes
or inaccurate statements made in establishing
emissions standards or other terms and


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r VIRGIN ISLANDS RULES & REGULATIONS
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0 conditions.
(C) The permit must be revised or revoked to
ensure compliance with applicable
N requirements.
(2) The procedures used to reopen and issue a permit
o shall follow the same as those for initial issuance
of a permit and shall affect only those parts of
J the permit for which cause to reopen exists.
(3) The Commissioner shall notify the source at least
Sti4jlZty J.Q) days n adv4nce of the date the permit
is to be reopened. In the case of an emergency,
I the Commissioner may provide a shorter time period.

(b) Reopenings by EPA.
S) (1) If EPA finds that cause exists to terminate,
modify, or revoke and reissue a permit, EPA shall
11 notify the Commissioner and the source in writing.
(2) Within ninety (90) days of receipt of this
T notification, the Commissioner shall forward to EPA
a proposed determination of termination,
Modification, or revocation and reissuance, as
appropriate. The EPA has the option of extending
this ninety (90) day period by an additional ninety
] (90) days if it finds that a new or revised permit
application is necessary or that additional
1 information is required from the source.
(3) The EPA shall review the proposed determination
U from the Commissioner within ninety (90) days of
S-receipt.
Ti (4) If EPA objects, the Commissioner shall, within
~n ninety (90) days of receipt of the objection,
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VIRGIN ISLANDS RULES & REGULATIONS
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resolve any objection and terminate, modify, or
revoke and reissue the permit in accordance with
EPA's objection.
(5) If the Commissioner fails to submit a proposed
determination pursuant to paragraph (b)(2) of this
section, or fails to resolve any EPA objections
pursuant to paragraph (b)(4) of this section, EPA
shall terminate, modify, or revoke and reissue the
permit after taking the following actions:
(A) Providing at least thirty (30) days notice to
the source of the reasons for such action.
(B) Providing the source with an opportunity to
comment on EPA's proposed action and an
opportunity for a hearing.

S 206-90. Judicial review
(a) Judicial review shall be allowed only after final action
on any part 70 permit action by the Commissioner.


(b) Persons Who Can File for Judicial Review. The permit
applicant, any person who participated in the public
participation process pursuant to section 206-73(d), and
any other person who could obtain judicial review of such
actions under Territorial laws may seek judicial review
of the final permit action in Territorial court.


(c) Jurisdiction for Judicial Review. Solely for the
purposes of obtaining judicial review in Territorial
court for failure to take final action, final permit
action shall include the failure of the Commissioner to
take final action on an application for a permit, permit


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renewal, or permit revision within the time frames
specified in paragraphs (d)(l) through (d)(4) of this
section.


(d) Final Permit Action. Except as provided under the
initial transition plan in section 206-73, final action
for purposes of judicial review shall consist of the
following:
(1) For a permit application under sections 206-71,
..-2 0-7 2'r" 206-73;," issuance or denial of the permit
by the Commissioner shall constitute final action
for purposes of judicial review. If the
Commissioner fails to take final action on the
permit application by either issuing or denying the
Permit within eighteen (18) months of receiving a
complete application or, for initial permit
applications, if the Commissioner fails to take
final action on the application within three (3)
years from effective date of the program, the
failure to act shall be considered final action for
purposes of seeking judicial review.
(2) For a minor permit modification in accordance with
section 206-82(b), issuance or denial of the permit
modification request by the Commissioner shall
constitute final action for purposes of judicial
review. If the Commissioner fails to act on the
minor permit modification request within ninety
(90) days of receipt of a complete application for
a minor permit modifications, the failure to act
shall be considered final action for purposes of
seeking judicial review. For group processing of


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minor permit modification, the failure of the
Commissioner to act within one hundred eighty (180)
days of receipt of complete applications shall be
considered final action for 'purposes of seeking
judicial review.
(3) For a significant permit modification in accordance
with section 206-82(d), issuance or denial of the
permit modification request by the Commissioner
shall constitute final action for purposes of
judicial review. If the Commissioner fails to act
on the permit modification request within eighteen
(18) months of receipt of a complete application
for significant permit modification, the failure to
act shall be considered a final action for purposes
) of seeking judicial review.
(4) For a permit renewal request filed in accordance
with section 206-74, issuance or denial of the
permit renewal request by the Commissioner shall
constitute final action for purposes of judicial
review. If the Commissioner fails to act on the
permit renewal request within eighteen (18) months
of receipt of a complete application for permit
renewal, the failure to act shall be considered a
final action for purposes of seeking judicial
review.


(e) Time for Filing. A petition for judicial review must be
filed within ninety (90) days of the final permit action.
After this period, no permit or permit action may be
challenged in any court action, except as provided in (f)
below.


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(f) New Grounds as Basis for Judicial Review. Petitions for
judicial review of final permit actions can be filed
after the ninety (90) day deadline in 206-90(e) only if
they are based solely on grounds arising after the
deadline for judicial review and shall be filed no later
than ninety (90) days after the new grounds arise. Such
new grounds must be based on new information that was not
available during the review period and specifically do
not include an interpretation of a permit of which the
.source or its owner or. operator claims... to have been
unaware.


(g) Failure to Take Action as Basis for Judicial Review. If
the final permit action being challenged is the
) Commissioner's failure to take final action within the
time specified in sections 206-73 206-74, or 206-82, a
petition for judicial review may be filed any time after
the time requirements of those sections has lapsed and
before the permitting authority denies the permit or
issues the final permit.


5 206-91. Inspection


(a) Right of Entry. The Commissioner or any duly authorized
officer, employee, or representative of the Department
shall, at reasonable times, upon presentation of his
credentials, have a right of safe entry to, upon, or
through the premises that are the subject of the part 70
permit, including any premises of the owner or operator
or other premises in which any records required to be
maintained as part of the permit requirements of this


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subchapter are located, to carry out the requirements of
this chapter.
(b) Right of Access to Records. The Commissioner or any duly
authorized officer, employee, or representative of the
Department shall, at reasonable times, upon presentation
of his credentials, have access to and copy any records
related to the construction, operation, maintenance,
emissions, or other aspects of any equipment, monitoring
or sampling, materials, or other relevant aspects of the
source with regard to its permit requirements or this
chapter.
(c) Right of Access to Sample Emissions. The Commissioner or
any duly authorized officer, employee, or representative
of the Department shall, at reasonable times, upon
) presentation of his credentials, have the right to safe
entry to the premises of the part 70 source to sample
emissions or gather any process information that is
relevant to the determination of emissions of any air
pollutant.


S 206-92. Enforcement


(a) Violation.
(1) The owner and/or operator of each part 70 source
shall comply with all terms and conditions of the
part 70 permit and with all applicable
requirements. Nothing in this section shall
relieve the owner or operator of a stationary
source from complying with any provision of any
regulation. Failure to comply with any order of
the Commissioner, requirement or condition of the


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[ permit or regulations of this chapter shall
constitute a violation.
(2) Notwithstanding any other provision in the Virgin
Islands implementation plan approved by the
Administrator, any credible evidence may be used
for the purpose of establishing whether a person
has violated or is in violation of any such plan.
f (A) Information from the use of the following
methods is presumptively credible evidence of
-- ..- -whether -a violation-has occurred at a -source:
(i) An enhanced monitoring protocol
] approved for the source pursuant to
40 CFR part 64;
7 (ii) A monitoring method approved for the
Source pursuant to 40 CFR 70.6
: (9)(a)(3) and incorporated in a
: federally enforceable operating
permit;
I (iii) Compliance test methods specified in
the applicable plan approved in this
'1 part.
(B) The following testing, monitoring or
1 information gathering methods are
presumptively credible testing, monitoring or
information-gathering methods:
(i) Any federally-enforceable monitoring
or testing methods, including those
in 40 CFR parts 51, 60, 61, 63 and
A A
75;
(ii) Other testing, monitoring or
information-gathering methods that

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Produce information comparable to
that produced by any method in (A)
Sor (B) (i).

S(b) Notice of Violation.

(1) If upon inspection or investigation, the
Commissioner or his authorized representative believes
1 that a violation of any of the following has occurred, he
may cause a written notice of violation to be served upon
[ the alleged violator(s): any provision of this chapter,
or any rule or regulation, or any standard or order
[ issued by the Commissioner pursuant thereto; any emission
standards or emission limitations; any fee or filing
requirement; any duty to allow or carry out inspection,
entry or monitoring activities; any conditions of permits
issued pursuant to this chapter; or the failure to apply
II for or obtain a permit or renewal. The notice of
violation shall specify the provision of the law, rule,
I regulation, order or permit alleged to be violated, and
may order that necessary corrective action be taken
I1 within a reasonable time, and may assess an
administrative penalty in accordance with the provisions
i of this chapter. Any such order shall become final
J unless no later than fifteen (15) working days after the
date such order is served, the person or persons named
1] therein request in writing a hearing before the
Commissioner. In lieu of such order, the Commissioner
i tmay require that the alleged violator or violators appear
before the Commissioner, or a hearing examiner for a
rH hearing at a time and place specified in the notice and
answer the charges complained of, or the Commissioner may
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initiate appropriate action for recovery of a penalty or
any other relief pursuant to the provisions of this
chapter.
(2) If the. alleged violator notifies the
Commissioner that he intends to contest a notice of
violation issued under subsection (1) above, the
Commissioner shall immediately advise a hearing examiner
of such notification, and the hearing examiner shall
afford an opportunity for a hearing. The hearing
examiner shall thereafter issue an order based on
findings of fact and conclusions of law affirming,
modifying or vacating the Commissioner's notice of
violation or proposed penalty order, or directing other
appropriate relief. Written notice of such order shall
become final and binding on all parties unless appealed
to the courts as provided in this chapter within thirty
(30) days after its issuance.
(3) Any person who is denied a permit by the
Commissioner or who has such permit revoked or modified
shall be afforded an opportunity for a fair hearing as
provided herein upon written application to the
Commissioner of such denial, revocation or modification.
On the basis of such hearing the Commissioner shall
affirm, modify or revoke his previous determination.
(4) Nothing in this rule shall prevent the
Commissioner from making efforts to obtain voluntary
compliance through warning, conference or any other
appropriate means.


(c) Administrative Penalties.
'(1) Any person who violates any provision of this

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n chapter, or of any permit, rule, regulation, standard or
order issued or promulgated hereunder, shall be subject
Sto a civil penalty of up to fifty-thousand dollars
($50,000) per day per violation.
(2) Civil penalties charged pursuant to this
LI subsection may be assessed administratively by the
Department, provided said person has been given the
U opportunity for a hearing on the record before the
Commissioner, and that in making the civil assessment,
0 the Commissioner has made findings of fact and
conclusions of law.
(3) The Commissioner's authority under this
subsection shall be limited to matters where the total
penalty sought does not exceed two hundred fifty thousand
[) dollars ($250,000).
(4) The Commissioner may compromise, modify, or
]j remit, with or without conditions, any administrative
penalty which may be imposed under this subsection.

1]
(d) Civil judicial penalties. The Commissioner shall, as
I appropriate, in the case of any person that is the owner
or operator of a major emitting facility, or a major
U stationary source, and may, in the case of any other
person, or any source of air pollution, commence a civil
action for a permanent or temporary injunction, or assess
I and recover a civil penalty up to fifty thousand dollars
($50,000) per day per violation, or both, for any
Violation or threatened violation for which the
Commissioner is authorized to issue a compliance order
II under subsection (b)(l) of this section. It shall not be
necessary to first revoke any permit prior to seeking
1 160
ii
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