Virginia Administrative Code

Database updated through January 6, 2011

Article 4 

Emission Standards for General Process Operations (Rule 4-4) 

9VAC5-40-240. Applicability and designation of affected facility. 

A. Except as provided in subsections C and D of this section, the affected facility to which the 

provisions of this article apply is each process operation, each process gas stream and each combustion 

installation. 

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

C. Exempted from the provisions of this article are the following: 

1. Process operations with a process weight rate capacity less than 100 pounds per hour. 

2. Any combustion unit using solid fuel with a maximum heat input of less than 350,000 Btu per 

hour. 

3. Any combustion unit using liquid fuel with a maximum heat input of less than 1,000,000 Btu per 

hour. 

4. Any combustion unit using gaseous fuel with a maximum heat input of less than 10,000,000 Btu 

per hour.

D. The provisions of this article do not apply to a particular pollutant from an affected facility if the 

affected facility is subject to other emission standards in this chapter covering the same pollutant. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia, §§ 110 and 182 of the Clean Air Act, and 40 CFR Part 51. 

Historical Notes 

Derived from VR120-04-0401, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. 

April 1, 1996; Volume 18, Issue 4, eff. January 1, 2002; Volume 20, Issue 12, eff. March 24, 2004. 
9VAC5-40-250. Definitions. 

A. For the purpose of the Regulations for the Control and Abatement of Air Pollution and subsequent 

amendments or any orders issued by the board, the words or terms shall have the meanings given them 

in subsection C of this section. 

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5 

Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context. 

C. Terms defined. 

"Combustion installation" means all combustion units within a stationary source in operation prior to 

October 5, 1979. 

"Combustion unit" means any type of stationary equipment in which solid, liquid or gaseous fuels and 

refuse are burned, including, but not limited to, furnaces, ovens, and kilns. 

"Heat input" means the total gross calorific value of all fuels burned. 

"Manufacturing operation" means any process operation or combination of physically connected 

dissimilar process operations which is operated to effect physical or chemical changes or both in an 

article. 

"Materials handling equipment" means any equipment used as a part of a process operation or 

combination of process operations which does not effect a physical or chemical change in the material or 

in an article, such as, but not limited to, conveyors, elevators, feeders or weighers. 

"Physically connected" means any combination of process operations connected by materials 

handling equipment and designed for simultaneous complementary operation. 

"Process operation" means any method, form, action, operation or treatment of manufacturing or 

processing, including any storage or handling of materials or products before, during or after 

manufacturing or processing. 

"Process unit" means any step in a manufacturing or process operation which results in the emission 

of pollutants to the atmosphere. 
"Process weight" means total weight of all materials introduced into any process unit which may cause 

any emission of pollutants. Process weight includes solid fuels charged, but does not include liquid and 

gaseous fuels charged or combustion air for all fuels. 

"Process weight rate" means a rate established as follows: 

a. For continuous or long-run steady-state process operations, the total process weight for the 

entire period of continuous operation or for a typical portion of it, divided by the number of hours of 

such period or portion of it. 

b. For cyclical or batch process operations, the total 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. 

"Rated capacity" means, the capacity as stipulated in the purchase contract for the condition of 100% 

load, or such other capacities as mutually agreed to by the board and owner using good engineering 

judgment. 

"Total capacity" means with reference to a combustion installation, the sum of the rated capacities 

(expressed as heat input) of all units of the installation which must be operated simultaneously under 

conditions of 100% use load. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from VR120-04-0402, eff. July 1, 1991; amended, Virginia Register Volume 12, Issue 11, eff. 

April 1, 1996; Volume 18, Issue 4, eff. January 1, 2002; Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-260. Standard for particulate matter (AQCR 1-6). 

A. No owner or other person shall cause or permit to be discharged into the atmosphere from any 

process unit any particulate emissions in excess of the limits in Table 4-4A. 
Process Weight Rate Maximum Allowable 

Emission Rate

Lb/Hr Tons/Hr Lb/Hr 

100 0.05 0.551

200 0.10 0.877

400 0.20 1.40

600 0.30 1.83

800 0.40 2.22

1000 0.50 2.58

1500 0.75 3.38

2000 1.00 4.10

2500 1.25 4.76

3000 1.50 5.38

3500 1.75 5.96

4000 2.00 6.52

5000 2.50 7.58

6000 3.00 8.56

7000 3.50 9.49

8000 4.00 10.4

9000 4.50 11.2

10000 5.00 12.0

12000 6.00 13.6

16000 8.00 16.5

18000 9.00 17.9

20000 10.00 19.2

30000 15.00 25.2

40000 20.00 30.5

50000 25.00 35.4

60000 30.00 40.0

70000 35.00 41.3

80000 40.00 42.5

90000 45.00 43.6
100000 50.00 44.6

120000 60.00 46.3

140000 70.00 47.8

160000 80.00 49.1

200000 100.00 51.3

1000000 500.00 69.0

2000000 1000.00 77.6

6000000 3000.00 92.7

B. Except as provided in subsections C and D of this section, interpretation of the emission standard in 

subsection A of this section shall be in accordance with 9VAC5-40-22. 

C. Interpolation of the data in Table 4-4A for process weight rates up to 60,000 lb/hr shall be 

accomplished by use of the following equation: 

E = 4.10 P0.67

where: 

E = emission rate in lb/hr. 

P = process weight rate in tons/hr. 

D. Interpolation and extrapolation of the data for process weight rates in excess of 60,000 lb/hr shall 

be accomplished by use of the following equation: 

E = 55.0 P0.11 - 40

where: 

E = emission rate in lb/hr. 

P = process weight rate in tons/hr. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0403, eff. January 1, 1985. 
9VAC5-40-270. Standard for particulate matter (AQCR 7). 

A. Noncombustion process operations. No owner or other person shall cause or permit to be 

discharged into the atmosphere from any process unit any particulate emissions in excess of the limits in 

Table 4-4B. 

TABLE 4-4B

Process Weight Rate Maximum Allowable 

Emission Rate

Lb/Hr Tons/Hr Lb/Hr

100 0.050 0.46

150 0.075 0.66

200 0.100 0.85

250 0.125 1.03

300 0.150 1.20

350 0.175 1.35

400 0.200 1.50

450 0.225 1.63

500 0.250 1.77

550 0.275 1.85

600 0.300 2.01

650 0.325 2.12

700 0.350 2.24

750 0.375 2.34

800 0.400 2.43

850 0.425 2.53

900 0.450 2.62

950 0.475 2.72

1000 0.500 2.80

1100 0.55 2.97

1200 0.60 3.12

1300 0.65 3.26

1400 0.70 3.40
1500 0.75 3.54

1600 0.80 3.66

1700 0.85 3.79

1800 0.90 3.91

1900 0.95 4.03

2000 1.00 4.14

2100 1.05 4.24

2200 1.10 4.34

2300 1.15 4.44

2400 1.20 4.55

2500 1.25 4.64

2600 1.30 4.74

2700 1.35 4.84

2800 1.40 4.92

2900 1.45 5.02

3000 1.50 5.10

3100 1.55 5.18

3200 1.60 5.27

3300 1.65 5.36

3400 1.70 5.44

3500 1.75 5.52

3600 1.80 5.61

3700 1.85 5.69

3800 1.90 5.77

3900 1.95 5.85

4000 2.00 5.93

4100 2.05 6.01

4200 2.10 6.08

4300 2.15 6.15

4400 2.20 6.22

4500 2.25 6.30

4600 2.30 6.37
4700 2.35 6.45

4800 2.40 6.52

4900 2.45 6.60

5000 2.50 6.67

5500 2.75 7.03

6000 3.00 7.37

6500 3.25 7.71

7000 3.50 8.05

7500 3.75 8.39

8000 4.00 8.71

8500 4.25 9.03

9000 4.50 9.36

9500 4.75 9.67

10000 5.00 10.00

11000 5.50 10.63

12000 6.00 11.28

13000 6.50 11.89

14000 7.00 12.50

15000 7.50 13.13

16000 8.00 13.74

17000 8.50 14.36

18000 9.00 14.97

19000 9.50 15.58

20000 10.00 16.19

30000 15.00 22.22

40000 20.00 28.30

50000 25.00 34.30

60000 or 

more

30.00 or 

more

40.00

B. Combustion installations. Interpretation of the emission standard in subsection A of this section 

shall be in accordance with 9VAC5-40-22. 
Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0404, eff. January 1, 1985. 

9VAC5-40-280. Standard for sulfur dioxide. 

A. Noncombustion process operations. No owner or other person shall cause or permit to be 

discharged into the atmosphere from any process operation any sulfur dioxide emissions in excess of an 

in-stack concentration of 2000 ppm by volume. 

B. Combustion installations. 

1. No owner or other person shall cause or permit to be discharged into the atmosphere from any 

combustion installation any sulfur dioxide emissions in excess of the following limits: 

a. S = 2.64K (AQCR 1 through 6) 

b. S = 1.06K (for liquid or gaseous fuels - AQCR 7) 

c. S = 1.52K (for solid fuels - AQCR 7) 

where: 

S = allowable emission of sulfur dioxide 

expressed in lbs/hr. 

K = actual heat input at total capacity expressed in Btu X 106per hour. 

2. Where there is more than one unit in a combustion installation and where the installation can be 

shown, to the satisfaction of the board, to be in compliance when the installation is operating at 

total capacity, the installation will be deemed to still be in compliance when the installation is 

operated at reduced load or one or more units are shut down for maintenance or repair, provided 

that the same type of fuel with the same sulfur content, or an equivalent, is continued in use. 

3. For installations in AQCR 7 at which different fossil fuels are burned simultaneously, whether in 
the same or different units, the allowable emissions shall be determined by proration using the 

following formula: 

PS = K

X(1.06) + 

Y(1.52)

X + Y

where: 

PS = prorated allowable emissions of sulfur dioxide expressed in lb/hr. 

X = percentage of actual heat input at total capacity derived from liquid or gaseous fuel. 

Y = percentage of actual heat input at total capacity derived from solid fuels. 

K = actual heat input at total capacity expressed in Btu X 106per hour. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0405, eff. January 1, 1985. 

9VAC5-40-290. Standard for hydrogen sulfide. 

No owner or other person shall cause or permit to be discharged into the atmosphere from any 

process gas stream any hydrogen sulfide emissions in excess of a concentration greater than 15 grains 

per 100 cubic feet of gas without burning or removing H2S in excess of this concentration, provided that 

SO2 emissions in the burning operation meet the requirements of 9VAC5-40-280 A. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0406, eff. January 1, 1985. 

9VAC5-40-300 to 9VAC5-40-311. [Repealed] 

Historical Notes 
Derived from VR120-04-0407, eff. July 1, 1991, VR120-04-0408, eff. July 1, 1991 or Virginia Register 

Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 9, Issue 5, eff. January 1, 

1993; Volume 12, Issue 11, eff. April 1, 1996; Volume 18, Issue 4, eff. January 1, 2002; Volume 19, Issue 

17, eff. June 4, 2003; Volume 20, Issue 12, eff. March 24, 2004; Errata 20:15 VA.R. 1498-1504 April 5, 

2004; amended, Virginia Register Volume 22, Issue 26, eff. October 4, 2006; repealed, Virginia Register 

Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-320. Standard for visible emissions. 

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible 

Emissions and Fugitive Dust/Emissions, Rule 4-1) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0409, eff. January 1, 1985. 

9VAC5-40-330. Standard for fugitive dust/emissions. 

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible 

Emissions and Fugitive Dust/Emissions, Rule 4-1) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0410, eff. January 1, 1985. 

9VAC5-40-340. Standard for odor. 

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 

4-2) apply. 

Statutory Authority 
§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0411, eff. January 1, 1985. 

9VAC5-40-350. Standard for toxic pollutants. 

The provisions of Article 3 (9VAC5-40-160 et seq.) of this chapter (Emission Standards for Toxic 

Pollutants, Rule 4-3) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0412, eff. January 1, 1985. 

9VAC5-40-360. Compliance. 

The provisions of 9VAC5-40-20 (Compliance) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0413, eff. January 1, 1985. 

9VAC5-40-370. Test methods and procedures. 

The provisions of 9VAC5-40-30 (Emission Testing) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0414, eff. January 1, 1985. 

9VAC5-40-380. Monitoring. 

The provisions of 9VAC5-40-40 (Monitoring) apply. 
Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0415, eff. January 1, 1985. 

9VAC5-40-390. Notification, records and reporting. 

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply. 

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0416, eff. January 1, 1985. 

9VAC5-40-400. Registration. 

The provisions of 9VAC5-20-160 (Registration) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0417, eff. January 1, 1985. 

9VAC5-40-410. Facility and control equipment maintenance or malfunction. 

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply. 

Statutory Authority 

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0418, eff. January 1, 1985. 

9VAC5-40-420. Permits. 
A permit may be required prior to beginning any of the activities specified below and the provisions of 

9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) may apply. 

Owners contemplating such action should contact the appropriate regional office for guidance. 

1. Construction of a facility. 

2. Reconstruction (replacement of more than half) of a facility. 

3. Modification (any physical change to equipment) of a facility. 

4. Relocation of a facility. 

5. Reactivation (restart-up) of a facility. 

6. Operation of a facility. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-0419, eff. January 1, 1985; amended, Virginia Register Volume 12, Issue 11, eff. 

April 1, 1996.