ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION E11

CONCERNING

PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO 

REGULATION, GREENHOUSE GAS TAILORING, BIOMASS EXEMPTION

(9VAC5 CHAPTER 85)

Adoption Date: September 9, 2011

Effective Date: November 9, 2011

The following table lists the specific provisions of the attached regulations that will be 

used to implement the State Implementation Plan (SIP). A copy of the actual regulation 

submitted for approval and incorporation by reference into the Virginia SIP is included 

in Enclosure 2. Highlighted provisions are included for information purposes only and 

are not to be construed as part of the Commonwealth's SIP, nor are any provisions 

directly related to the highlighted provisions to be considered as part of the SIP. A copy 

of the actual regulation submitted for approval and incorporation by reference into the 

Virginia SIP is included in Enclosure 2; details concerning the specific provisions that 

are not to be included in the Virginia SIP are noted in this copy.

CHAPTER 85 PERMITS FOR STATIONARY SOURCES OF

POLLUTANTS SUBJECT TO REGULATION

PART II FEDERAL (TITLE V) OPERATING PERMIT ACTIONS

9VAC5-85-30 Definitions (modified)

PART III PREVENTION OF SIGNIFICANT DETERIORATION PERMIT 

ACTIONS

9VAC5-85-50 Definitions (modified)

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COMMONWEALTH OF VIRGINIA PAGE 1 of 4

STATE AIR POLLUTION CONTROL BOARD

PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO REGULATION (9VAC5-85)

9VAC5 CHAPTER 85.

PERMITS FOR STATIONARY SOURCES OF

POLLUTANTS SUBJECT TO REGULATION.

PART II.

FEDERAL (TITLE V) OPERATING PERMIT ACTIONS.

9VAC5-85-30. Definitions.

A. For the purpose of applying this part in the context of the Regulations for the 

Control and Abatement of Air Pollution and related uses, the words or terms shall have 

the meanings given them in 9VAC5-80-60 (Definitions) or 9VAC5-80-370 (Definitions), 

as applicable, except for the terms defined in subsection C of this section.

B. Unless otherwise required by context, all terms not defined herein shall have 

the meaning meanings given them in 9VAC5-10 (General Definitions), 9VAC5-80-5 

(Definitions), or commonly ascribed to them by recognized authorities, in that order of 

priority.

C. Terms defined.

"Greenhouse gases (GHGs)" means the aggregate group of six 

greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 

perfluorocarbons, and sulfur hexafluoride.

"Major stationary source" means, in lieu of subdivision b in the definition of 

"major source" in 9VAC5-80-60, a major stationary source of air pollutants, as defined 

in § 302 of the federal Clean Air Act, that directly emits, or has the potential to emit, 100 

tpy or more of any air pollutant subject to regulation (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 for the purposes of § 302(j) of the federal Clean 

Air Act, unless the source belongs to one of the 27 categories of stationary sources as 

listed in subdivisions b(1) through (27) in the definition of "major source" in 9VAC5-80-

60.

"Subject to regulation" means, for any air pollutant, that the pollutant is 

subject to either a provision in the federal Clean Air Act, or a nationally-applicable 

regulation codified by the administrator in Subchapter C of 40 CFR Chapter I, that 

requires actual control of the quantity of emissions of that pollutant, and that such a 

control requirement has taken effect and is operative to control, limit or restrict the 

quantity of emissions of that pollutant released from the regulated activity. The following 

exceptions shall apply:
COMMONWEALTH OF VIRGINIA PAGE 2 of 4

STATE AIR POLLUTION CONTROL BOARD

PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO REGULATION (9VAC5-85)

1. GHGs shall not be subject to regulation unless, as of July 1, 

2011, the GHG emissions are at a stationary source emitting or having the potential to 

emit 100,000 tons per year (tpy) CO2 equivalent emissions (CO2e).

2. The term "tpy CO2 equivalent emissions (CO2e)" shall represent 

an amount of GHGs emitted, and shall be computed by multiplying the mass amount of 

emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the 

gas’s associated global warming potential published at Table A-1 to Subpart A of 40 

CFR Part 98, and summing the resultant value for each to compute a tpy CO2e. For 

purposes of this subdivision, prior to July 21, 2014, the mass of the greenhouse gas 

carbon dioxide shall not include carbon dioxide emissions resulting from the combustion

or decomposition of non-fossilized and biodegradable organic material originating from 

plants, animals, or micro-organisms (including products, byproducts, residues and 

waste from agriculture, forestry and related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and municipal wastes, including gases and 

liquids recovered from the decomposition of non-fossilized and biodegradable organic 

material).

PART III.

PREVENTION OF SIGNIFICANT DETERIORATION PERMIT ACTIONS.

9VAC5-85-50. Definitions.

A. For the purpose of applying this part in the context of the Regulations for the 

Control and Abatement of Air Pollution and related uses, the words or terms shall have 

the meanings given them in 9VAC5-80-1615 (Definitions), except for the terms defined 

in subsection C of this section.

B. Unless otherwise required by context, all terms not defined herein shall have 

the meaning meanings given them in 9VAC5-10 (General Definitions), 9VAC5-80-5 

(Definitions), or commonly ascribed to them by recognized authorities, in that order of 

priority.

C. Terms defined.

"Greenhouse gases (GHGs)" means the aggregate group of six 

greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 

perfluorocarbons, and sulfur hexafluoride.

"Regulated NSR pollutant" means:

a. Any pollutant for which an ambient air quality standard has been 

promulgated and any constituents or precursors for such pollutants identified by the 

administrator (e.g., volatile organic compounds and NOX are precursors for ozone);
COMMONWEALTH OF VIRGINIA PAGE 3 of 4

STATE AIR POLLUTION CONTROL BOARD

PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO REGULATION (9VAC5-85)

b. Any pollutant that is subject to any standard promulgated under 

§ 111 of the federal Clean Air Act;

c. Any class I or II substance subject to a standard promulgated 

under or established by Title VI of the federal Clean Air Act; or

d. Any pollutant that otherwise is subject to regulation under the 

federal Clean Air Act as defined in the definition of "subject to regulation."

e. Notwithstanding subdivisions a through d of this definition, the

term "regulated NSR pollutant" shall not include any or all hazardous air pollutants 

either listed in § 112 of the federal Clean Air Act, or added to the list pursuant to § 

112(b)(2) of the federal Clean Air Act, and which have not been delisted pursuant to § 

112(b)(3) of the federal Clean Air Act, unless the listed hazardous air pollutant is also 

regulated as a constituent or precursor of a general pollutant listed under § 108 of the 

federal Clean Air Act.

"Subject to regulation" means, for any air pollutant, that the pollutant is 

subject to either a provision in the federal Clean Air Act, or a nationally-applicable 

regulation codified by the Administrator in Subchapter C of 40 CFR Chapter I, that 

requires actual control of the quantity of emissions of that pollutant, and that such a 

control requirement has taken effect and is operative to control, limit or restrict the 

quantity of emissions of that pollutant released from the regulated activity. The following 

exceptions shall apply:

1. GHGs shall not be subject to regulation except as provided in 

subdivisions 4 and 5 of this definition.

2. For purposes of subdivisions 3 through 5 of this definition, the 

term "tpy CO2 equivalent emissions (CO2e)" shall represent an amount of GHGs 

emitted, and shall be computed as follows:

a. Multiplying the mass amount of emissions (tpy), for each 

of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global 

warming potential published at Table A-1 to Subpart A of 40 CFR Part 98. For purposes 

of this subdivision, prior to July 21, 2014, the mass of the greenhouse gas carbon 

dioxide shall not include carbon dioxide emissions resulting from the combustion or 

decomposition of non-fossilized and biodegradable organic material originating from 

plants, animals, or micro-organisms (including products, byproducts, residues and 

waste from agriculture, forestry and related industries as well as the non-fossilized and 

biodegradable organic fractions of industrial and municipal wastes, including gases and 

liquids recovered from the decomposition of non-fossilized and biodegradable organic 

material).
COMMONWEALTH OF VIRGINIA PAGE 4 of 4

STATE AIR POLLUTION CONTROL BOARD

PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO REGULATION (9VAC5-85)

b. Sum the resultant value from subdivision a of this 

subdivision for each gas to compute a tpy CO2e.

3. The term "emissions increase" as used in subdivisions 4 and 5 

of this definition shall mean that both a significant emissions increase (as calculated 

using the procedures in 9VAC5-80-1605 G) and a significant net emissions increase (as

defined in 9VAC5-80-1615 C) occur. For the pollutant GHGs, an emissions increase 

shall be based on tpy CO2e, and shall be calculated assuming the pollutant GHGs is a 

regulated NSR pollutant, and "significant" is defined as 75,000 tpy CO2e instead of 

applying the value in subdivision b of the definition of "significant" in 9VAC5-80-1615 C.

4. Beginning January 2, 2011, the pollutant GHGs is subject to 

regulation if:

a. The stationary source is a new major stationary source for 

a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential 

to emit 75,000 tpy CO2e or more; or

b. The stationary source is an existing major stationary

source for a regulated NSR pollutant that is not GHGs, and also will have an emissions 

increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO2e 

or more.

5. Beginning July 1, 2011, in addition to the provisions in 

subdivision 4 of this definition, the pollutant GHGs shall also be subject to regulation:

a. At a new stationary source that will emit or have the 

potential to emit 100,000 tpy CO2e; or

b. At an existing stationary source that emits or has the 

potential to emit 100,000 tpy CO2e, when such stationary source undertakes a physical 

change or change in the method of operation that will result in an emissions increase of 

75,000 tpy CO2e or more.

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