Molly Joseph Ward 

Secretary of Natural Resources 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Street address: 629 East Main Street, Richmond, Virginia 23219 

Mailing address: P.O. Box II 05, Richmond, Virginia 23218 

TOO (804) 698-4021 

www.deq.virginia.gov 

JUN 05 2014 

Ms. Diana Esher, .Director 

Air Protection Division (3APOO) 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

David K. Paylor 

Director 

(804) 698-4000 

1-800-592-5482 

Reference: Minor New Source Review, 

Revision G 13 

Dear Ms. Esher: 

Pursuant to the requirements of§ 110 of the Clean Air Act, we are officially requesting 

approval of a revision to the Commonwealth of Virginia State Implementation Plan approved 

and submitted under the authority of§ 10.1-1185 of the Code of Virginia and in accordance with 

the requirements of 40 CPR Part 51 (Requirements for Preparation, Adoption, and Submittal of 

Implementation Plans). 

This revision consists of amendments to the new source review program requiring 

preconstruction review and permits for new and modified stationary sources that are not major 

stationary sources or major modifications (minor new source review). The purpose of the 

amendments is to make the definition of "nonroad engine" consistent with the federal definition 

in 40 CPR Part 89 (Control of Emissions from New and In-use Nonroad Compression Ignition 

Engines), Subpart A (40 CPR 89.2). The regulation amendments were adopted by the State Air 

Pollution Control Board on September 20,2013 under the authority of§ 10.1-1308 of the Code 

ofVirginia and became effective on March 27, 2014. 

Enclosed are the following: 

1. A true copy ofthe official regulation (Revision G13) which was published in the 

Virginia Register ofRegulations on February 10, 2014 after being duly adopted by the State Air 

Pollution Control Board on September 20, 2013, certified by the Office of the Attorney General 
as within the board's statutory authority on September 23, 2014 and thus fully enforceable under 

Virginia law, and submitted to the Virginia Registrar on behalf ofthe board by the Department of 

Environmental Quality as a true and accurate copy of the duly adopted regulation on January 9, 

2014. 

2. Certification of public participation activities and compliance with state administrative 

procedures. 

3. Public participation record. 

4. An electronic copy (CD) of the complete submittal. This electronic copy is an exact 

duplicate of the hard copy. 

If you have any questions or need additional information, please let us know. 

DKP\kgs 

TEMPLATES\SIP-REG\REGOOA 

SIP\MINOR NSR\G13-SIP.DOC 

Enclosures 
COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION G13

CONCERNING

MINOR NSR NONROAD ENGINE DEFINITION

(9VAC5 CHAPTER 80)

Adoption Date: September 20, 2013

Effective Date: March 27, 2014

CHAPTER 80 PERMITS FOR STATIONARY SOURCES

ARTICLE 6 PERMITS FOR NEW AND MODIFIED STATIONARY SOURCES

9VAC5-80-1110 Definitions (modified)

TEMPLATES\FINAL\FR02

REG\DEV\G13-11PF
COMMONWEALTH OF VIRGINIA PAGE 1 of 16

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9VAC5 CHAPTER 80

PERMITS FOR STATIONARY SOURCES

Part II

Permit Procedures

ARTICLE 6

Permits for New and Modified Stationary Sources

9VAC5-80-1110. Definitions.

A. For the purpose of applying this article 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 subsection C of this section.

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

given them in 9VAC5-10 (General Definitions), unless otherwise required by context.

C. Terms defined.

"Addition" means the construction of a new emissions unit at or the 

relocation of an existing emissions unit to a stationary source.

"Affected emissions units" means the following emissions units, as 

applicable:

1. For a new stationary source, all emissions units.

2. For a project, the added, modified, and replacement emissions 

units that are part of the project.

"Applicable federal requirement" means all of, but not limited to, the 

following as they apply to affected emissions units subject to this article (including 

requirements that have been promulgated or approved by the administrator through 

rulemaking at the time of permit issuance but have future-effective compliance dates):

1. Any standard or other requirement provided for in an 

implementation plan established pursuant to § 110, § 111(d), or § 129 of the federal 

Clean Air Act, including any source-specific provisions such as consent agreements or 

orders.

2. Any term or condition in any construction permit issued under the 

new source review program or in any operating permit issued pursuant to the state 

operating permit program. However, those terms or conditions designated as state-only 

enforceable pursuant to 9VAC5-80-1120 F or 9VAC5-80-820 G shall not be applicable 
COMMONWEALTH OF VIRGINIA PAGE 2 of 16

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federal requirements.

3. Any emission standard, alternative emission standard, alternative 

emissions limitation, equivalent emissions limitation or other requirement established 

pursuant to § 112 or § 129 of the federal Clean Air Act as amended in 1990.

4. Any new source performance standard or other requirement 

established pursuant to § 111 of the federal Clean Air Act, and any emission standard or 

other requirement established pursuant to § 112 of the federal Clean Air Act before it was 

amended in 1990.

5. Any limitations and conditions or other requirement in a Virginia 

regulation or program that has been approved by EPA under Subpart E of 40 CFR Part 

63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.

6. Any requirement concerning accident prevention under § 112(r)(7) 

of the federal Clean Air Act.

7. Any compliance monitoring requirements established pursuant to 

either § 504(b) or § 114(a)(3) of the federal Clean Air Act.

8. Any standard or other requirement for consumer and commercial 

products under § 183(e) of the federal Clean Air Act.

9. Any standard or other requirement for tank vessels under § 183(f) 

of the federal Clean Air Act.

10. Any standard or other requirement in 40 CFR Part 55 to control 

air pollution from outer continental shelf sources.

11. Any standard or other requirement of the regulations 

promulgated to protect stratospheric ozone under Title VI of the federal Clean Air Act, 

unless the administrator has determined that such requirements need not be contained in 

a federal operating permit.

12. With regard to temporary sources subject to 9VAC5-80-130, (i) 

any ambient air quality standard, except applicable state requirements, and (ii) 

requirements regarding increments or visibility as provided in Article 8 (9VAC5-80-1605 et 

seq.) of this part.

13. Any standard or other requirement under § 126 (a)(1) and (c) of 

the federal Clean Air Act.

"Begin actual construction" means initiation of permanent physical on-site 

construction of an emissions unit. This includes, but is not limited to, installation of 
COMMONWEALTH OF VIRGINIA PAGE 3 of 16

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building supports and foundations, laying of underground pipework, and construction of 

permanent storage structures. With respect to a change in method of operation, this term 

refers to those on-site activities other than preparatory activities which mark the initiation 

of the change. With respect to the initial location or relocation of a portable emissions 

unit, this term refers to the delivery of any portion of the portable emissions unit to the 

site.

"Clean wood" means uncontaminated natural or untreated wood. Clean 

wood includes but is not limited to byproducts of harvesting activities conducted for forest 

management or commercial logging, or mill residues consisting of bark, chips, edgings, 

sawdust, shavings, or slabs. It does not include wood that has been treated, adulterated, 

or chemically changed in some way; treated with glues, binders, or resins; or painted, 

stained, or coated.

"Commence," as applied to the construction of an emissions unit, means 

that the owner has all necessary preconstruction approvals or permits and has either:

1. Begun, or caused to begin, a continuous program of actual on-site 

construction of the unit, to be completed within a reasonable time; or

2. Entered into binding agreements or contractual obligations, which 

cannot be canceled or modified without substantial loss to the owner, to undertake a 

program of actual construction of the unit, to be completed within a reasonable time.

"Complete application" means that the application contains all the 

information necessary for processing the application and that the provisions of § 10.1-

1321.1 of the Virginia Air Pollution Control Law have been met. Designating an 

application complete for purposes of permit processing does not preclude the board from 

requesting or accepting additional information.

"Construction" means fabrication, erection, installation, demolition, 

relocation, addition, replacement, or modification of an emissions unit that would result in 

a change in the uncontrolled emission rate.

"Construction waste" means solid waste that is produced or generated 

during construction, remodeling, or repair of pavements, houses, commercial buildings, 

and other structures. Construction wastes include, but are not limited to, lumber, wire, 

sheetrock, broken brick, shingles, glass, pipe, concrete, paving materials, and metal and 

plastics if the metal or plastics are a part of the materials of construction or empty 

containers for such materials. Paints, coatings, solvents, asbestos, any liquid, 

compressed gases or semi-liquids, and garbage are not construction wastes.

"Debris waste" means wastes resulting from land clearing operations. 

Debris wastes include, but are not limited to, stumps, wood, brush, leaves, soil, and road 

spoils.
COMMONWEALTH OF VIRGINIA PAGE 4 of 16

STATE AIR POLLUTION CONTROL BOARD

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"Demolition waste" means that solid waste that is produced by the 

destruction of structures or their foundations, or both, and includes the same materials as 

construction wastes.

"Diesel engine" means, for the purposes of 9VAC5-80-1105 A 1 b, any 

internal combustion engine that burns diesel or #2 fuel oil to provide power to processing 

equipment for a vegetative waste recycling/mulching operation.

"Emergency" means a condition that arises from sudden and reasonably 

unforeseeable events where the primary energy or power source is disrupted or 

disconnected due to conditions beyond the control of an owner or operator of a facility 

including:

1. A failure of the electrical grid, 

2. On-site disaster or equipment failure,

3. Public service emergencies such as flood, fire, natural disaster, or 

severe weather conditions, or

4. An ISO-declared emergency, where an ISO emergency is:

a. An abnormal system condition requiring manual or 

automatic action to maintain system frequency, to prevent loss of firm load, equipment 

damage, or tripping of system elements that could adversely affect the reliability of an 

electric system or the safety of persons or property;

b. Capacity deficiency or capacity excess conditions;

c. A fuel shortage requiring departure from normal operating 

procedures in order to minimize the use of such scarce fuel;

d. Abnormal natural events or man-made threats that would 

require conservative operations to posture the system in a more reliable state; or

e. An abnormal event external to the ISO service territory that 

may require ISO action.

"Emissions cap" means any limitation on the rate of emissions of any air 

pollutant from one or more emissions units established and identified as an emissions 

cap in any permit issued pursuant to the new source review program or operating permit 

program.

"Emissions limitation" means a requirement established by the board that 
COMMONWEALTH OF VIRGINIA PAGE 5 of 16

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limits the quantity, rate, or concentration of emissions of air pollutants on a continuous 

basis, including any requirement relating to the operation or maintenance of a source to 

assure continuous emissions reduction, and any design standard, equipment standard, 

work practice, operational standard, or pollution prevention technique.

"Emissions unit" means any part of a stationary source which emits or 

would have the potential to emit any regulated air pollutant.

"Enforceable as a practical matter" means that the permit contains 

emissions limitations that are enforceable by the board or the department and meet the 

following criteria:

1. Are permanent;

2. Contain a legal obligation for the owner to adhere to the terms and 

conditions;

3. Do not allow a relaxation of a requirement of the implementation 

plan;

4. Are technically accurate and quantifiable;

5. Include averaging times or other provisions that allow at least 

monthly (or a shorter period if necessary to be consistent with the implementation plan) 

checks on compliance. This may include, but not be limited to, the following: compliance 

with annual limits in a rolling basis, monthly or shorter limits, and other provisions 

consistent with this article and other regulations of the board; and

6. Require a level of recordkeeping, reporting and monitoring 

sufficient to demonstrate compliance.

"Existing stationary source" means any stationary source other than a new 

stationary source.

"Federal hazardous air pollutant new source review program" means a 

program for the preconstruction review and approval of the construction, reconstruction or 

modification of any stationary source in accordance with regulations specified below and 

promulgated to implement the requirements of § 112 (relating to hazardous air pollutants) 

of the federal Clean Air Act.

1. The provisions of 40 CFR 61.05, 40 CFR 61.06, 40 CFR 61.07, 40 

CFR 61.08 and 40 CFR 61.15 for issuing approvals of the construction of any new source 

or modification of any existing source subject to the provisions of 40 CFR Part 61. 

2. The provisions of 40 CFR 63.5 for issuing approvals to construct a 
COMMONWEALTH OF VIRGINIA PAGE 6 of 16

STATE AIR POLLUTION CONTROL BOARD

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new source or reconstruct a source subject to the provisions of 40 CFR Part 63, except 

for Subparts B, D and E. 

3. The provisions of 40 CFR 63.50 through 40 CFR 63.56 for issuing 

Notices of MACT Approval prior to the construction of a new emissions unit. 

"Federally enforceable" means all limitations and conditions that are 

enforceable by the administrator and citizens under the federal Clean Air Act or that are 

enforceable under other statutes administered by the administrator. Federally enforceable 

limitations and conditions include, but are not limited to, the following:

1. Emission standards, alternative emission standards, alternative 

emissions limitations, and equivalent emissions limitations established pursuant to § 112 

of the federal Clean Air Act, as amended in 1990.

2. New source performance standards established pursuant to § 111 

of the federal Clean Air Act, and emission standards established pursuant to § 112 of the 

federal Clean Air Act before it was amended in 1990.

3. All terms and conditions (unless expressly designated as stateonly enforceable) in a federal operating permit, including any provisions that limit a 

source's potential to emit.

4. Limitations and conditions that are part of an implementation plan 

established pursuant to § 110, § 111(d) or § 129 of the federal Clean Air Act.

5. Limitations and conditions (unless expressly designated as stateonly enforceable) that are part of a federal construction permit issued under 40 CFR 

52.21 or any construction permit issued under regulations approved by EPA into the 

implementation plan.

6. Limitations and conditions (unless expressly designated as stateonly enforceable) that are part of a state operating permit where the permit and the permit 

program pursuant to which it was issued meet all of the following criteria:

a. The operating permit program has been approved by the 

EPA into the implementation plan under § 110 of the federal Clean Air Act.

b. The operating permit program imposes a legal obligation 

that operating permit holders adhere to the terms and limitations of such permits and 

provides that permits that do not conform to the operating permit program requirements 

and the requirements of EPA’s underlying regulations may be deemed not federally 

enforceable by EPA.

c. The operating permit program requires that all emissions 
COMMONWEALTH OF VIRGINIA PAGE 7 of 16

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limitations, controls, and other requirements imposed by such permits will be at least as 

stringent as any other applicable limitations and requirements contained in the 

implementation plan or enforceable under the implementation plan, and that the program 

may not issue permits that waive, or make less stringent, any limitations or requirements 

contained in or issued pursuant to the implementation plan, or that are otherwise federally 

enforceable.

d. The limitations, controls, and requirements in the permit in 

question are permanent, quantifiable, and otherwise enforceable as a practical matter.

e. The permit in question was issued only after adequate and 

timely notice and opportunity for comment by the EPA and the public.

7. Limitations and conditions in a regulation of the board or program 

that has been approved by EPA under Subpart E of 40 CFR Part 63 for the purposes of 

implementing and enforcing § 112 of the federal Clean Air Act.

8. Individual consent agreements that EPA has legal authority to 

create.

"Federal operating permit" means a permit issued under the federal 

operating permit program.

"Federal operating permit program" means an operating permit system (i) 

for issuing terms and conditions for major stationary sources, (ii) established to implement 

the requirements of Title V of the federal Clean Air Act and associated regulations, and 

(iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 

(9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of this part.

"Fixed capital cost" means the capital needed to provide all the depreciable 

components.

"Fugitive emissions" means those emissions that could not reasonably pass 

through a stack, chimney, vent, or other functionally equivalent opening.

"General permit" means a permit issued under this article that meets the 

requirements of 9VAC5-80-1250.

"Hazardous air pollutant" means (i) any air pollutant listed in §112(b) of the 

federal Clean Air Act, as amended by Subpart C of 40 CFR Part 63, and (ii) incorporated 

by reference into the regulations of the board at 9VAC5-60-92 B.

"Independent system operator" or "ISO" means a person that may receive 

or has received, by transfer pursuant to § 56-576 of the Code of Virginia, any ownership 

or control of, or any responsibility to operate, all or part of the transmission systems in the 
COMMONWEALTH OF VIRGINIA PAGE 8 of 16

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

Commonwealth.

"Major modification" means any project at a major stationary source that 

would result in a significant emissions increase in any regulated air pollutant. For projects, 

the emissions increase may take into consideration any state and federally enforceable 

permit conditions that will be placed in a permit resulting from a permit application 

deemed complete under the provisions of 9VAC5-80-1160 B.

"Major new source review (NSR) permit" means a permit issued under the 

major new source review program.

"Major new source review (major NSR) program" means a preconstruction 

review and permit program (i) for new major stationary sources or major modifications 

(physical changes or changes in the method of operation); (ii) established to implement 

the requirements of §§ 112, 165 and 173 of the federal Clean Air Act and associated 

regulations; and (iii) codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-

1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.

"Major stationary source" means any stationary source that emits, or has 

the potential to emit, 100 tons or more per year of any regulated air pollutant. For new 

stationary sources, the potential to emit may take into consideration any state and 

federally enforceable permit conditions that will be placed in a permit resulting from a 

permit application deemed complete under the provisions of 9VAC5-80-1160 B.

"Minor new source review (NSR) permit" means a permit issued pursuant to 

this article.

"Minor new source review (minor NSR) program" means a preconstruction 

review and permit program (i) for regulated air pollutants from new stationary sources or 

projects that are not subject to review under the major new source review program; (ii) 

established to implement the requirements of §§ 110(a)(2)(C) and 112 of the federal 

Clean Air Act and associated regulations; and (iii) codified in this article. The minor NSR 

program may also be used to implement the terms and conditions described in 9VAC5-

80-1120 F 1; however, those terms and conditions shall be state-only enforceable and 

shall not be applicable federal requirements.

"Modification" means any physical change in, or change in the method of 

operation of an emissions unit that increases the uncontrolled emission rate of any 

regulated air pollutant emitted into the atmosphere by the unit or that results in the 

emission of any regulated air pollutant into the atmosphere not previously emitted. The 

following shall not be considered physical changes or changes in the method of operation 

under this definition:

1. Maintenance, repair and replacement of components that the 

board determines to be routine for a source type and which does not fall within the 
COMMONWEALTH OF VIRGINIA PAGE 9 of 16

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definition of "replacement";

2. An increase in the throughput or production rate of a unit (unless 

previously limited by any state enforceable and federally enforceable permit conditions 

established pursuant to this chapter), if that increase does not exceed the operating 

design capacity of that unit;

3. An increase in the hours of operation (unless previously limited by 

any state enforceable and federally enforceable permit conditions established pursuant to 

this chapter);

4. Use of an alternative fuel or raw material (unless previously limited 

by any state enforceable and federally enforceable permit conditions established 

pursuant to this chapter) if, prior to the date any provision of the regulations of the board 

becomes applicable to the source type, the emissions unit was designed to 

accommodate that alternative use. A unit shall be considered to be designed to 

accommodate an alternative fuel or raw material if provisions for that use were included in 

the final construction specifications;

5. Use of an alternative fuel or raw material that the emissions unit is 

approved to use under any new source review permit;

6. The addition, replacement or use of any system or device whose 

primary function is the reduction of air pollutants, except when a system or device that is 

necessary to comply with applicable air pollution control laws, permit conditions, or 

regulations is replaced by a system or device which the board considers to be less 

efficient in the control of air pollution emissions;

7. The removal of any system or device whose primary function is 

the reduction of air pollutants if the system or device is not (i) necessary for the source to 

comply with any applicable air pollution control laws, permit conditions or regulations or (ii) 

used to avoid any applicable new source review program requirement; or

8. A change in ownership at a stationary source.

"Necessary preconstruction approvals or permits" means those permits or 

approvals required under the NSR program that is part of the implementation plan.

"New source review (NSR) permit" means a permit issued under the new 

source review program.

"New source review (NSR) program" means a preconstruction review and 

permit program (i) for regulated air pollutants from new stationary sources or projects 

(physical changes or changes in the method of operation); (ii) established to implement 

the requirements of §§ 110(a)(2)(C), 112 (relating to permits for hazardous air pollutants), 
COMMONWEALTH OF VIRGINIA PAGE 10 of 16

STATE AIR POLLUTION CONTROL BOARD

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165 (relating to permits in prevention of significant deterioration areas), and 173 (relating 

to permits in nonattainment areas) of the federal Clean Air Act and associated 

regulations; and (iii) codified in this article, Article 7 (9VAC5-80-1400 et seq.), Article 8 

(9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part. The NSR 

program may also be used to implement the terms and conditions described in 9VAC5-

80-1120 F 1; however, those terms and conditions shall be state-only enforceable and 

shall not be applicable federal requirements.

"New stationary source" means any stationary source to be constructed at 

or relocated to an undeveloped site.

"Nonroad engine" means any internal combustion engine:

1. In or on a piece of equipment that is self-propelled or serves a 

dual purpose by both propelling itself and performing another function (such as garden 

tractors, off-highway mobile cranes and bulldozers); or

2. In or on a piece of equipment that is intended to be propelled 

while performing its function (such as lawnmowers and string trimmers). ; or

3. That, by itself or in or on a piece of equipment, is portable or 

transportable, meaning designed to be capable of being carried or moved from one 

location to another. Indications of transportability include, but are not limited to, wheels, 

skids, carrying handles, dollies, trailers, or platforms.

An internal combustion engine is not a nonroad engine if the :

1. The engine is used to propel a motor vehicle or a vehicle used 

solely for competition, or is subject to standards promulgated under § 202 of the federal 

Clean Air Act. ; or

2. The engine otherwise included in subdivision 3 above remains or 

will remain at a location for more than 12 consecutive months or a shorter period of 

time for an engine located at a seasonal source.

For purposes of this definition, a location is any single site at a building, 

structure, facility or installation. Any engine (or engines) that replaces an engine at a 

location and that is intended to perform the same or similar function as the engine 

replaced will be included in calculating the consecutive time period. An engine located 

at a seasonal source is an engine that remains at a seasonal source during the full 

annual operating period of the seasonal source. A seasonal source is a stationary 

source that remains in a single location on a permanent basis (i.e., at least two years) 

and that operates at the single location approximately three months (or more) each 

year. This subdivision does not apply to an engine after the engine is removed from the 

location.
COMMONWEALTH OF VIRGINIA PAGE 11 of 16

STATE AIR POLLUTION CONTROL BOARD

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"Plantwide applicability limitation (PAL)" means an emissions limitation 

expressed in tons per year, for a pollutant at a major stationary source, that is enforceable 

as a practical matter and established sourcewide in accordance with 9VAC5-80-1865 or 

9VAC5-80-2144.

"PAL permit" means the state operating permit issued by the board that 

establishes a PAL for a major stationary source.

"Portable," in reference to emissions units, means an emissions unit that is 

designed to have the capability of being moved from one location to another for the 

purpose of operating at multiple locations and storage when idle. Indications of portability 

include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

"Potential to emit" means the maximum capacity of a stationary source to 

emit a pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a 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 only if the limitation 

or its effect on emissions is state and federally enforceable. Secondary emissions do not 

count in determining the potential to emit of a stationary source.

"Precursor pollutant" means the following:

(1) Volatile organic compounds and nitrogen oxides are 

precursors to ozone.

(2) Sulfur dioxide is a precursor to PM2.5.

(3) Nitrogen oxides are presumed to be precursors to PM2.5 

in all PM2.5, unless the board determines that emissions of nitrogen oxides from sources 

in a specific area are not a significant contributor to that area's ambient PM2.5 

concentrations.

(4) Volatile organic compounds and ammonia are presumed 

not to be precursors to PM2.5, unless the board determines that emissions of volatile 

organic compounds or ammonia from sources in a specific area are a significant 

contributor to that area's ambient PM2.5 concentrations.

"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.

"Project" means any change at an existing stationary source consisting of 

the addition, replacement, or modification of one or more emissions units.
COMMONWEALTH OF VIRGINIA PAGE 12 of 16

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"Public comment period" means a time during which the public shall have 

the opportunity to comment on the permit application information (exclusive of confidential 

information) for a new stationary source or project, the preliminary review and analysis of 

the effect of the source upon the ambient air quality, and the preliminary decision of the 

board regarding the permit application.

"Reactivation" means beginning operation of an emissions unit that has 

been shut down.

"Reconstruction" means, for the sole purposes of 9VAC5-80-1210 A, B, and 

C, the replacement of an emissions unit or its components to such an extent that:

1. The fixed capital cost of the new components exceeds 50% of the 

fixed capital cost that would be required to construct a comparable entirely new unit;

2. The replacement significantly extends the life of the emissions 

unit; and

3. It is technologically and economically feasible to meet the 

applicable emission standards prescribed under regulations of the board.

Any determination by the board as to whether a proposed replacement constitutes 

reconstruction shall be based on:

1. The fixed capital cost of the replacements in comparison to the 

fixed capital cost of the construction of a comparable entirely new unit;

2. The estimated life of the unit after the replacements compared to 

the life of a comparable entirely new unit;

3. The extent to which the components being replaced cause or 

contribute to the emissions from the unit; and

4. Any economic or technical limitations on compliance with 

applicable standards of performance that are inherent in the proposed replacements.

"Regulated air pollutant" means any of the following:

1. Nitrogen oxides or any volatile organic compound.

2. Any pollutant (including any associated precursor pollutant) for 

which an ambient air quality standard has been promulgated.

3. Any pollutant subject to any standard promulgated under 40 CFR 
COMMONWEALTH OF VIRGINIA PAGE 13 of 16

STATE AIR POLLUTION CONTROL BOARD

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Part 60.

4. Any pollutant subject to a standard promulgated under or other 

requirements established under 40 CFR Part 61 and any pollutant regulated under 40 

CFR Part 63.

5. Any pollutant subject to a regulation adopted by the board.

"Relocation" means a change in physical location of a stationary source or 

an emissions unit from one stationary source to another stationary source.

"Replacement" means the substitution of an emissions unit for an 

emissions unit located at a stationary source, which will thereafter perform the same 

function as the replaced emissions unit.

"Secondary emissions" means emissions which occur or would occur as a 

result of the construction or operation of a new stationary source or an emissions unit, but 

do not come from the stationary source itself. For the purpose of this article, secondary 

emissions must be specific, well-defined, and quantifiable; and must affect the same 

general areas as the stationary source that causes the secondary emissions. Secondary 

emissions include emissions from any off site support facility that would not be 

constructed or increase its emissions except as a result of the construction or operation of 

the stationary source or emissions unit. Secondary emissions do not include any 

emissions that come directly from a mobile source, such as emissions from the tailpipe of 

a motor vehicle, from a train, or from a vessel.

"Significant" means:

1. In reference to an emissions increase, an increase in potential to 

emit that would equal or exceed any of the following rates:

a. In ozone nonattainment areas classified as serious or 

severe in 9VAC5-20-204: 

Pollutant Emissions Rate

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 25 tpy

Sulfur Dioxide 40 tpy

Particulate Matter (PM) 25 tpy

Particulate Matter (PM10) 15 tpy

Particulate Matter (PM2.5) 10 tpy

Volatile organic compounds 25 tpy

Lead 0.6 tpy

b. In all other areas:
COMMONWEALTH OF VIRGINIA PAGE 14 of 16

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

Pollutant Emissions Rate

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 40 tpy

Sulfur Dioxide 40 tpy

Particulate Matter (PM) 25 tpy

Particulate Matter (PM10) 15 tpy

Particulate Matter (PM2.5) 10 tpy

Volatile organic compounds 40 tpy

Lead 0.6 tpy

2. In reference to an emissions increase for a regulated air pollutant 

not listed in subdivision 1 of this definition, there is no emissions rate that shall be 

considered significant.

3. If the particulate matter (PM10 or PM2.5) emissions for a stationary 

source or emissions unit can be determined in a manner acceptable to the board and the 

emissions increase is determined to be significant using the emission rate for particulate 

matter (PM10 or PM2.5), the stationary source or emissions unit shall be considered to be 

significant for particulate matter (PM). If the emissions of particulate matter (PM10 or 

PM2.5) cannot be determined in a manner acceptable to the board, the emission rate for 

particulate matter (PM) shall be used to determine whether the emissions increase is 

significant.

"Significant emissions increase" means, for a regulated air pollutant, an 

increase in emissions that is significant for that pollutant.

"Site" means one or more contiguous or adjacent properties under the 

control of the same person (or persons under common control).

"Source category schedule for standards" means the schedule (i) issued 

pursuant to § 112(e) of the federal Clean Air Act for promulgating MACT standards issued 

pursuant to § 112(d) of the federal Clean Air Act and (ii) incorporated by reference into 

the regulations of the board in subdivision 2 of 9VAC5-60-92.

"Space heater" means any fixed or portable, liquid or gaseous fuel-fired, 

combustion unit used to heat air in a space, or used to heat air entering a space, for the 

purpose of maintaining an air temperature suitable for comfort, storage, or equipment 

operation. Space heaters do not include combustion units used primarily for the purpose 

of conditioning or processing raw materials or product, such as driers, kilns, or ovens.

"State enforceable" means all limitations and conditions that are 

enforceable as a practical matter, including any regulation of the board, those 

requirements developed pursuant to 9VAC5-170-160, requirements within any applicable 

order or variance, and any permit requirements established pursuant to this chapter.
COMMONWEALTH OF VIRGINIA PAGE 15 of 16

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

"State operating permit" means a permit issued under the state operating 

permit program.

"State operating permit program" means an operating permit program (i) for 

issuing limitations and conditions for stationary sources; (ii) promulgated to meet the 

EPA's minimum criteria for federal enforceability, including adequate notice and 

opportunity for the EPA and public comment prior to issuance of the final permit, and 

practicable enforceability; and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this part.

"Stationary source" means any building, structure, facility or installation that 

emits or may emit any regulated air pollutant. A stationary source shall include all of the 

pollutant-emitting activities that belong to the same industrial grouping, are located on one 

or more contiguous or adjacent properties, and are under the control of the same person 

(or persons under common control) except the activities of any watercraft or any nonroad 

engine. Pollutant-emitting activities shall be considered as part of the same industrial 

grouping if they belong to the same "major group" (i.e., that have the same two-digit code) 

as described in the "Standard Industrial Classification Manual" (see 9VAC5-20-21).

"Synthetic minor source" means a stationary source that otherwise has the 

potential to emit regulated air pollutants in amounts that are at or above those for major 

stationary sources, as applicable, but is subject to restrictions such that its potential to 

emit is less than such amounts for major stationary sources. Such restrictions must be 

enforceable as a practical matter. The term "synthetic minor source" applies 

independently for each regulated air pollutant that the source has the potential to emit.

"Temporary facility" means a facility that (i) is operated to achieve a specific 

objective (such as serving as a pilot test facility, a process feasibility project, or a 

remediation project) and (ii) does not contribute toward the commercial production of any 

product or service (including byproduct and intermediate product) during the operational 

period. Portable emissions units covered by the exemption under 9VAC5-80-1105 A 1 c 

and facilities used to augment or enable routine production are not considered temporary 

facilities for the purposes of this definition.

"Toxic pollutant" means any air pollutant (i) listed in § 112(b) of the federal 

Clean Air Act, as amended by Subpart C of 40 CFR Part 63 and (ii) incorporated by 

reference into the regulations of the board at subdivision 1of 9VAC5-60-92, or any other 

air pollutant that the board determines, through adoption of regulation, to present a 

significant risk to public health. This term excludes asbestos, fine mineral fibers, 

radionuclides, and any glycol ether that does not have a TLV®.

"Uncontrolled emission rate" means the emission rate from an emissions 

unit when operating at maximum capacity without air pollution control equipment. Air 

pollution control equipment includes control equipment that is not vital to its operation, 

except that its use enables the owner to conform to applicable air pollution control laws 
COMMONWEALTH OF VIRGINIA PAGE 16 of 16

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

and regulations. Annual uncontrolled emissions shall be based on the maximum annual 

rated capacity (based on 8,760 hours of operation per year) of the emissions unit, unless 

the emissions unit or stationary source is subject to state and federally enforceable permit 

conditions that limit the annual hours of operation. Enforceable permit conditions on the 

type or amount of material combusted, stored, or processed may be used in determining 

the uncontrolled emission rate of an emissions unit or stationary source. The uncontrolled 

emission rate of a stationary source is the sum of the uncontrolled emission rates of the 

individual emissions units. Secondary emissions do not count in determining the 

uncontrolled emission rate of a stationary source.

"Undeveloped site" means any site or facility at which no emissions units 

are located at the time the permit application is deemed complete, or at the time the 

owner begins actual construction, whichever occurs first. An undeveloped site also 

includes any site or facility at which all of the emissions units have been determined to be 

shut down pursuant to the provisions of 9VAC5-20-220.

"Vegetative waste" means decomposable materials generated by land 

clearing activities and includes shrub, bush and tree prunings, bark, brush, leaves, limbs, 

roots, and stumps. Vegetative waste does not include construction or demolition waste or 

any combination of them.

"Vegetative waste recycling/mulching operation" means any activity related 

to size reduction or separating, or both, of clean wood or vegetative waste, or both, by 

grinding, shredding, chipping, screening, or any combination of them.

TEMPLATES\NOIRA\REG-PRO

REG\DEV\G13-REG-FIN.DOC
ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the 

following information regarding public participation activities and compliance with state 

administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity 

to submit written comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan was held from May 5 to June 4, 2014.

As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was given notice of 

the public comment period in the Virginia Register of Regulations, along with the 

location of the proposal for public inspection, on May 5, 2014. The notice included 

procedures to afford the public the opportunity to request that a hearing be held 

pursuant to 40 CFR 51.102(a); no such request was received. The attached copy of the 

notice provides the evidence required by Section 2.1(f) of Appendix V of 40 CFR Part 

51. 

The Regional Administrator for the U.S. Environmental Protection Agency was notified 

of the public comment period, as was each local air pollution control agency which will 

be significantly affected by the revision and is located in the affected Air Quality Control 

Regions. In addition, the District of Columbia, Maryland and Tennessee, which share 

affected interstate Air Quality Control Regions with Virginia, were notified of the public 

comment period. These notifications follow the requirements of 40 CFR Part 

51.102(d)(3), (4) and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation 

amendments were published in the Virginia Register of Regulations on February 10, 

2014 after being duly adopted by the State Air Pollution Control Board on September 

20, 2013, certified by the Office of the Attorney General as within the board’s statutory 

authority on September 23, 2013 and thus fully enforceable under Virginia law, and 

submitted to the Virginia Registrar on behalf of the board by the Department of 

Environmental Quality as a true and accurate copy of the duly adopted regulation on 

January 9, 2014, providing the evidence required by Section 2.1(b) and (e) of Appendix 

V of 40 CFR Part 51. As required by Section 2.1(d) of Appendix V of 40 CFR Part 51, a 

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

the Commonwealth of Virginia State Implementation Plan is attached, along with the 

effective date of March 27, 2014.

SIP\MINOR NSR\G13-SIP-2.DOC
GENERAL NOTICES/ERRATA

Volume 30, Issue 18 Virginia Register of Regulations May 5, 2014

2357

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision -

Revision G13

Notice of action: The Department of Environmental Quality 

(DEQ) is announcing an opportunity for public comment on a 

proposed revision to the Commonwealth of Virginia State 

Implementation Plan (SIP). The SIP is a plan developed by 

the Commonwealth in order to fulfill its responsibilities under 

the federal Clean Air Act to attain and maintain the ambient 

air quality standards promulgated by the U.S. Environmental 

Protection Agency (EPA) under the Act. The Commonwealth 

intends to submit the regulation to EPA as a revision to the 

SIP in accordance with the requirements of § 110(a) of the 

federal Clean Air Act.

Regulations affected: The regulation of the board affected by 

this action is Article 6 (9VAC5-80-1100 et seq., Permits for 

New and Modified Stationary Sources) of 9VAC5-80 

(Permits for Stationary Sources), Revision G13.

Purpose of notice: DEQ is seeking comment on the issue of 

whether the regulation amendments should be submitted as a 

revision to the SIP.

Public comment period: May 5, 2014, to June 4, 2014.

Public hearing: A public hearing may be conducted if a 

request is made in writing to the contact listed below. In order 

to be considered, the request must include the full name, 

address, and telephone number of the person requesting the 

hearing and be received by DEQ by the last day of the 

comment period. Notice of the date, time, and location of any 

requested public hearing will be announced in a separate 

notice, and another 30-day comment period will be 

conducted.

Public comment stage: Because the regulation amendments 

have been adopted by the board in accordance with the 

Administrative Process Act and have subsequently become 

effective, DEQ is accepting comment only on the issue cited 

above under "purpose of notice" and not on the content of the 

regulation amendments.

Description of proposal: This amendment revises the 

definition of "nonroad engine" to be more consistent with a 

similar federal definition. The definition is expanded to 

include portable and temporary engines. Federal design 

standards for internal combustion engines and federal fuel 

standards are more restrictive than minor new source review 

(NSR) permit standards for portable and temporary engines 

used as nonroad engines. Adopting the federal definition of 

"nonroad engine," which groups portable engines and 

temporary engines together with other non-mobile engines in 

that definition, will make it unnecessary to issue minor NSR 

permits without meaningful additional emission control 

requirements for those engines. Amending this definition 

does not increase emissions or otherwise affect air quality.

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations 

(40 CFR 51.102) and not any provision of state law. The 

proposal will be submitted as a revision to the

Commonwealth of Virginia SIP under § 110(a) of the federal 

Clean Air Act in accordance with 40 CFR 51.104. It is 

planned to submit all provisions of the proposal as a revision 

to the SIP.

How to comment: DEQ accepts written comments by email, 

fax, and postal mail. In order to be considered, comments 

must include the full name, address, and telephone number of 

the person commenting and be received by DEQ by the last 

day of the comment period. All materials received are part of 

the public record.

To review regulation documents: The proposal and any 

supporting documents are available on the DEQ Air Public 

Notices for Plans website: 

http://www.deq.state.va.us/Programs/Air/PublicNotices/airpla

nsandprograms.aspx. The documents may also be obtained by 

contacting the DEQ representative named below. The public 

may review the documents between 8:30 a.m. and 4:30 p.m. 

of each business day until the close of the public comment

period at the following DEQ locations: 

1) Main Street Office, 8th Floor, 629 East Main Street, 

Richmond, VA, telephone (804) 698-4070;

2) Southwest Regional Office, 355 Deadmore Street, 

Abingdon, VA, telephone (276) 676-4800;

3) Blue Ridge Regional Office, Roanoke Location, 3019 

Peters Creek Road, Roanoke, VA, telephone (540) 562-

6700;

4) Blue Ridge Regional Office, Lynchburg Location, 7705 

Timberlake Road, Lynchburg, VA, telephone (434) 582-

5120;

5) Valley Regional Office, 4411 Early Road, Harrisonburg, 

VA, telephone (540) 574-7800;

6) Piedmont Regional Office, 4949-A Cox Road, Glen 

Allen, VA, telephone (804) 527-5020;

7) Northern Regional Office, 13901 Crown Court, 

Woodbridge, VA, telephone (703) 583-3800; and 

8) Tidewater Regional Office, 5636 Southern Boulevard, 

Virginia Beach, VA, telephone (757) 518-2000.

Contact Information: Karen G. Sabasteanski, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 

698-4510, or email karen.sabasteanski@deq.virginia.gov.
(3) Cyclic, branched, or linear, completely fluorinated 

tertiary amines with no unsaturations; and 

( 4) Sulfur contammg perfluorocarbons with no 

unsaturations and with sulfur bonds only to carbon and 

fluorine. 

2. For purposes of determining compliance with emissions 

standards, volatile organic compounds shall be measured 

by the appropriate reference method in accordance with the 

provisions of 9V AC5-40-30 or 9V AC5-50-30, as 

applicable. Where such a method also measures 

compounds with negligible photochemical reactivity, these 

negligibly reactive compounds may be excluded as a 

volatile organic compound if the amount of such 

compounds is accurately quantified, and such exclusion is 

approved by the board. 

3. As a precondition to excluding these compounds as 

volatile organic compounds or at any time thereafter, the 

board may require an owner to provide monitoring or 

testing methods and results demonstrating, to the 

satisfaction of the board, the amount of negligibly reactive 

compounds in the emissions of the source. 

4. Exclusion of the above compounds in this definition in 

effect exempts such compounds from the provisions of 

emission standards for volatile organic compounds. The 

compounds are exempted on the basis of being so inactive 

that they will not contribute significantly to the formation 

of ozone in the troposphere. However, this exemption does 

not extend to other properties of the exempted compounds 

which, at some future date, may require regulation and 

limitation of their use in accordance with requirements of 

the federal Clean Air Act. 

5. The following compound is a VOC for purposes of all 

recordkeeping, emisswns reporting, photochemical 

dispersion modeling and inventory requirements that apply 

to VOCs and shall be uniquely identified in emission 

reports, but is not a VOC for purposes of VOC emission 

standards, VOC emissions limitations, or VOC content 

requirements: t-butyl acetate. 

"Welfare" means that language referring to effects on 

welfare includes, but is not limited to, effects on soils, water, 

crops, vegetation, man-made materials, animals, wildlife, 

weather, visibility and climate, damage to and deterioration of 

property, and hazards to transportation, as well as effects on 

economic values and on personal comfort and well-being. 

VA.R. Doc. No. Rl4-3611; Filed January 10.2014. 1:33 p.m. 

Fast-Track Regulation 

Title of Regulation: 9V ACS-80. Permits for Stationary 

Sources (Rev. G13) (amending 9VACS-80-lll0). 

Statutory Authority: § I 0.1-1308 of the Code of Virginia; 

Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V); 

40 CFR Parts 51, 61, 63, 63, 70, and 72. 

Public Hearing Information: No public hearings are 

scheduled. 

Regulations 

Public Comment Deadline: March 12,2014. 

Effective Date: March 27,2014. 

Agency Contact: Gary E. Graham, Depattment of 

Environmental Quality, 629 East Main Street, P.O. Box ll 05, 

Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 

698-4510, TTY (804) 698-4021, or email 

gary.graham@deq. virginia.gov. 

Basis: Section I 0.1-1308 of the Virginia Air Pollution 

Control Law (Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1 

of the Code of Virginia) authorizes the State Air Pollution 

Control Board to promulgate regulations abating, controlling, 

and prohibiting air pollution to protect public health and 

welfare. Written assurance from the Office of the Attorney 

General that the State Air Pollution Control Board possesses 

the statutory authority to promulgate the proposed regulation 

amendments is available upon request. 

Federal Requirements. Section llO(a) of the Clean Air Act 

(CAA) mandates that each state adopt and submit to EPA a 

plan that provides for the implementation, maintenance, and 

enforcement of each primary and secondary air quality 

standard within each air quality control region in the 

state. The state implementation plan shall be adopted only 

after reasonable public notice is given and public hearings are 

held. 

40 CFR Part 51 sets out the requirements for the preparation, 

adoption, and submittal of state implementation plans. These 

requirements mandate that any such plan shall include several 

provisions, which are found in Subpart F (Procedural 

Requirements), Subpart G (Control Strategy), Subpart I 

(Review of New Sources and Modifications), and Subpart L 

(Legal Authority). 

State Requirements. § 10.1-1322.4 of the Code of Virginia 

provides an exemption (unless required by the federal 

government law or regulation) from permit requirements for 

the use of an alternative fuel or raw material, if the owner 

demonstrates to the board that, as a result of trial burns at the 

facility or other facilities or other sufficient data, the 

emissions resulting fi·om the use of the alternative fuel or raw 

material supply are decreased. The Code of Virginia further 

provides (to the extent allowed by federal law or regulation) 

that no demonstration shall be required for the use of 

processed animal fat, processed fish oil, processed vegetable 

oil, distillate oil, or any mixture thereof in place of the same 

quantity of residual oil to fire industrial boilers. 

Purpose: The purpose of the regulation is to protect public 

health, safety, and welfare by establishing the procedural and 

legal basis for the issuance of new source permits for a 

proposed new stationary source or a project at an existing one 

that will (i) enable the agency to conduct a preconstruction 

review in order to determine compliance with applicable 

control technology and other standards, (ii) assess the impact 

of the emissions from the source on air quality, and (iii) 

provide a state and federally enforceable mechanism to 

enforce permit program requirements. The purpose of the 

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014 

1633 
Regulations 

proposed amendments is to make the definition of "nonroad 

engine" consistent with the federal definition in Subpart A 

(40 CFR 89.2) of 40 CFR 89 (Control of Emissions from 

New and In-use Nonroad Compression Ignition Engines). 

Rationale for Using Fast-Track Process: Federal design 

standards for internal combustion engines and federal fuel 

standards are more restrictive than minor new source review 

(NSR) permit standards for portable and temporary engines 

used as nonroad engines. Adopting the federal definition of 

"nonroad engine," which groups portable engines and 

temporary engines together with other non-mobile engines in 

that definition, will make it unnecessary to issue minor NSR 

permits without meaningful additional emission control 

requirements for those engines. Because amending this 

definition does not increase emissions or otherwise affect air 

quality, this change is not expected to be controversial. 

Substance: This amendment revises the definition of 

"nonroad engine" to be more consistent with a similar federal 

definition. The definition is expanded to include pmiable and 

temporary engines. Since nonroad engines are excluded from 

the definition of "stationary source," this amendment 

increases the number of engines that are not subject to minor 

NSR permitting requirements. 

Issues: The primary advantage to the public of the revised 

definition of "nonroad engine" is that businesses with such 

engines on site will avoid permit application costs for those 

engines. Because federal regulations already place restrictive 

design requirements on these engines, there are no 

disadvantages to the public. 

The primary advantage to the department of the revised 

definition of "nonroad engine" is that resources will be 

conserved and put to better use reviewing permit applications 

that have to potential for reducing emissions. There is no 

disadvantage to the depmiment of this revised definition. 

Department of Planning and Budget's Economic Impact 

Analvsis: 

Summary of the Proposed Amendments to Regulation. The 

State Air Pollution Control Board (Board) proposes to revise 

the definition of "nonroad engine" to be more consistent with 

a similar federal definition. The definition is expanded to 

include portable and temporary engines. Since nonroad 

engines are excluded from the definition of "stationary 

source," this amendment increases the number of engines that 

are not subject to minor new source review (NSR) permitting 

requirements. 

Result of Analysis. The benefits likely exceed the costs for all 

proposed changes. 

Estimated Economic Impact. Between 2002 and 2012 the 

definition of nonroad engine in these regulations was 

identical to the federal definition. In an action that became 

effective November 7, 2012, the definition of nonroad engine 

in these regulations was changed in such a way that some 

previous nonroad engines (portable and temporary engines) 

would have become subject to minor NSR permlttmg 

requirements. The Department of Environmental Quality 

(Department) issued a guidance document that allows a 

phase-in period for owners and operators of those engines to 

adjust to the new requirements. Specifically, the guidance 

document states that these owners and operators: 1) must 

submit a permit application by January 1, 20 14, and 2) will 

not be considered out of compliance for failing to receive a 

permit prior to January 1, 2014. 

The Board's current proposed action restores the conformity 

of the state definition to the current federal definition. Thus, if 

this action becomes effective prior to January 1, 20 14, owners 

and operators of portable and temporary engines will at no 

point be required to obtain a minor NSR permit. The 

Department expects that this action will become effective 

prior to January 1, 2014. 

As a result of the proposed change to the definition of 

"nonroad engine," affected sources may avoid permit costs of 

$800 - $1200 per facility .

1 Due to existing federal 

requirements, beyond paperwork and fee paying the owners 

and operators of portable and temporary engines would not 

likely have had to alter their actions in order to become and 

remain permitted2

; consequently there would not likely have 

been an impact on emissions and air quality. The proposed 

amendment to conform the definition of nonroad engine in 

these regulations to the current federal definition will enable 

the Department to reallocate some of its pern1itting resources 

to other permit actions that are more likely to reduce 

emissions and improve air quality. Thus the proposed 

amendment is likely to produce a net benefit. 

Businesses and Entities Affected. Any business or other 

entity that owns or operates portable or temporary engines is 

potentially affected by the proposed amendment. There is no 

information available on the number of entities that may be 

affected by the proposed change to the definition of "nonroad 

engines" since portable and temporary engines have thus far 

not been required to apply for permits. 

Localities Particularly Affected. No localities are 

dispropmiionally affected by the proposed amendment. 

Projected Impact on Employment. The proposed amendment 

will not likely have a large impact on employment. 

Effects on the Use and Value of Private Property. The 

proposed amendment will save private owners of portable or 

temporary engines approximately $800 to $1200 in permit 

costs per facility, plus the time involved in applying for and 

renewing permits. 

Small Businesses: Costs and Other Effects. The proposed 

amendment will reduce costs for small owners and operators 

of portable or temporary engines. 

Small Businesses: Alternative Method that Minimizes 

Adverse Impact. The proposed amendment does not 

adversely affect small businesses. 

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014 

1634 
Real Estate Development Costs. Real estate developers who 

use portable or temporary engines may save approximately 

$800 to $1200 in permit costs due to the proposed 

amendment. 

Legal Mandate. The Department of Planning and Budget 

(DPB) has analyzed the economic impact of this proposed 

regulation in accordance with § 2.2-4007.04 of the 

Administrative Process Act and Executive Order Number I4 

(I 0). Section 2.2-4007.04 requires that such economic impact 

analyses include, but need not be limited to, a determination 

of the public benefit, the projected number of businesses or 

other entities to whom the regulation would apply, the 

identity of any localities and types of businesses or other 

entities particularly affected, the projected number of persons 

and employment positions to be affected, the projected costs 

to affected businesses or entities to implement or comply with 

the regulation, and the impact on the use and value of private 

property. Further, if the proposed regulation has an adverse 

effect on small businesses, § 2.2-4007.04 requires that such 

economic impact analyses include (i) an identification and 

estimate of the number of small businesses subject to the 

regulation; (ii) the projected reporting, recordkeeping, and 

other administrative costs required for small businesses to 

comply with the regulation, including the type of professional 

skills necessary for preparing required reports and other 

documents; (iii) a statement of the probable effect of the 

regulation on affected small businesses; and (iv) a description 

of any less intrusive or less costly alternative methods of 

achieving the purpose of the regulation. The analysis 

presented above represents DPB's best estimate of these 

economic impacts. 

1 Source: Department of Environmental Quality 

2 lbid 

Agency's Response to Economic Impact Analysis: The 

department has reviewed the economic impact analysis 

prepared by the Department of Planning and Budget and has 

no comment. 

Summary: 

The amendment revises the definition c~f "nonroad engine" 

to be more consistent with a similar federal definition by 

expanding it to include portable and tempormy engines. 

Since nonroad engines are excludedjrom the definition of 

"stationmy source," this amendment increases the number 

of engines that are not su~ject to 1ninor new source review 

permitting requirements. 

9V ACS-80-111 0. Definitions. 

A. For the purpose of applying this article 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 subsection C of this section. 

Regulations 

B. As used in this article, all terms not defined herein shall 

have the meanings given them in 9VAC5-10 (General 

Definitions), unless otherwise required by context. 

C. Terms defined. 

"Addition" means the construction of a new emissions unit 

at or the relocation of an existing emissions unit to a 

stationary source. 

"Affected emissions units" means the following emissions 

units, as applicable: 

1. For a new stationary source, all emissions units. 

2. For a project, the added, modified, and replacement 

emissions units that are part of the project. 

"Applicable federal requirement" means all of, but not 

limited to, the following as they apply to affected emissions 

units subject to this article (including requirements that have 

been promulgated or approved by the administrator through 

rulemaking at the time of permit issuance but have futureeffective compliance dates): 

I. Any standard or other requirement provided for in an 

implementation plan established pursuant to § 1 I 0, 

§ 111 (d), or § I 29 of the federal Clean Air Act, including 

any source-specific provisions such as consent agreements 

or orders. 

2. Any term or condition in any construction permit issued 

under the new source review program or in any operating 

permit issued pursuant to the state operating permit 

program. However, those terms or conditions designated as 

state-only enforceable pursuant to 9V ACS-80-1120 F or 

9V ACS-80-820 G shall not be applicable federal 

requirements. 

3. Any emission standard, alternative emission standard, 

alternative emissions limitation, equivalent emissions 

limitation or other requirement established pursuant to 

§ I I2 or§ I29 ofthe federal Clean Air Act as amended in 

I990. 

4. Any new source performance standard or other 

requirement established pursuant to § I 11 of the federal 

Clean Air Act, and any emission standard or other 

requirement established pursuant to § 112 of the federal 

Clean Air Act before it was amended in 1990. 

5. Any limitations and conditions or other requirement in a 

Virginia regulation or program that has been approved by 

EPA under Subpart E of 40 CFR Part 63 for the purposes 

of implementing and enforcing§ 112 of the federal Clean 

Air Act. 

6. Any requirement concerning accident prevention under 

§ I 12(r)(7) of the federal Clean Air Act. 

7. Any compliance monitoring requirements established 

pursuant to either § 504(b) or § 114(a)(3) of the federal 

Clean Air Act. 

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014 

1635 
Regulations 

8. Any standard or other requirement for consumer and 

commercial products under § 183( e) of the federal Clean 

Air Act. 

9. Any standard or other requirement for tank vessels under 

§ 183(f) of the federal Clean Air Act. 

10. Any standard or other requirement in 40 CFR Part 55 

to control air pollution from outer continental shelf 

sources. 

II. Any standard or other requirement of the regulations 

promulgated to protect stratospheric ozone under Title VI 

of the federal Clean Air Act, unless the administrator has 

determined that such requirements need not be contained in 

a federal operating permit. 

12. With regard to temporary sources subject to 9VAC5-

80-130, (i) any ambient air quality standard, except 

applicable state requirements, and (ii) requirements 

regarding increments or visibility as provided in Article 8 

(9V AC5-80-1605 et seq.) of this part. 

13. Any standard or other requirement under § 126 (a)(!) 

and (c) ofthe federal Clean Air Act. 

"Begin actual construction" means initiation of permanent 

physical on-site construction of an emissions unit. This 

includes, but is not limited to, installation of building 

supports and foundations, laying of underground pipework, 

and construction of permanent storage structures. With 

respect to a change in method of operation, this term refers to 

those on-site activities other than preparatory activities which 

mark the initiation of the change. With respect to the initial 

location or relocation of a portable emissions unit, this term 

refers to the delivery of any portion of the portable emissions 

unit to the site. 

"Clean wood" means uncontaminated natural or untreated 

wood. Clean wood includes but is not limited to byproducts 

of harvesting activities conducted for forest management or 

commercial logging, or mill residues consisting of bark, 

chips, edgings, sawdust, shavings, or slabs. It does not 

include wood that has been treated, adulterated, or chemically 

changed in some way; treated with glues, binders, or resins; 

or painted, stained, or coated. 

"Commence," as applied to the construction of an emissions 

unit, means that the owner has all necessary preconstruction 

approvals or permits and has either: 

1. Begun, or caused to begin, a continuous program of 

actual on-site construction of the unit, to be completed 

within a reasonable time; or 

2. Entered into binding agreements or contractual 

obligations, which cannot be canceled or modified without 

substantial loss to the owner, to undertake a program of 

actual construction of the unit, to be completed within a 

reasonable time. 

"Complete application" means that the application contains 

all the information necessary for processing the application 

and that the provisions of§ 10.1-1321.1 of the Virginia Air 

Pollution Control Law have been met. Designating an 

application complete for purposes of permit processing does 

not preclude the board from requesting or accepting 

additional information. 

"Construction" means fabrication, erection, installation, 

demolition, relocation, addition, replacement, or modification 

of an emissions unit that would result in a change in the 

uncontrolled emission rate. 

"Construction waste" means solid waste that is produced or 

generated during construction, remodeling, or repair of 

pavements, houses, commercial buildings, and other 

structures. Construction wastes include, but are not limited to, 

lumber, wire, sheetrock, broken brick, shingles, glass, pipe, 

concrete, paving materials, and metal and plastics if the metal 

or plastics are a part of the materials of construction or empty 

containers for such materials. Paints, coatings, solvents, 

asbestos, any liquid, compressed gases or semi-liquids, and 

garbage are not construction wastes. 

"Debris waste" means wastes resulting from land clearing 

operations. Debris wastes include, but are not limited to, 

stumps, wood, brush, leaves, soil, and road spoils. 

"Demolition waste" means that solid waste that is produced 

by the destruction of structures or their foundations, or both, 

and includes the same materials as construction wastes. 

"Diesel engine" means, for the purposes of 9V AC5-80-11 05 

A 1 b, any internal combustion engine that burns diesel or #2 

fuel oil to provide power to processing equipment for a 

vegetative waste recycling/mulching operation. 

"Emergency" means a condition that arises from sudden and 

reasonably unforeseeable events where the primary energy or 

power source is disrupted or disconnected due to conditions 

beyond the control of an owner or operator of a facility 

including: 

I. A failure of the electrical grid; 

2. On-site disaster or equipment failure; 

3. Public service emergencies such as flood, fire, natural 

disaster, or severe weather conditions; or 

4. An ISO-declared emergency, where an ISO emergency 

is: 

a. An abnormal system condition requiring manual or 

automatic action to maintain system frequency, to 

prevent loss of firm load, equipment damage, or tripping 

of system elements that could adversely affect the 

reliability of an electric system or the safety of persons or 

property; 

b. Capacity deficiency or capacity excess conditions; 

c. A fuel shortage requiring departure from normal 

operating procedures in order to minimize the use of such 

scarce fuel; 

d. Abnormal natural events or man-made threats that 

would require conservative operations to posture the 

system in a more reliable state; or 

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014 

1636 
e. An abnormal event external to the ISO service territory 

that may require ISO action. 

"Emissions cap" means any limitation on the rate of 

emissions of any air pollutant from one or more emissions 

units established and identified as an emissions cap in any 

permit issued pursuant to the new source review program or 

operating permit program. 

"Emissions limitation" means a requirement established by 

the board that limits the quantity, rate, or concentration of 

emissions of air pollutants on a continuous basis, including 

any requirement relating to the operation or maintenance of a 

source to assure continuous emissions reduction, and any 

design standard, equipment standard, work practice, 

operational standard, or pollution prevention technique. 

"Emissions unit" means any part of a stationary source 

which emits or would have the potential to emit any regulated 

air pollutant. 

"Enforceable as a practical matter" means that the permit 

contains emissions limitations that are enforceable by the 

board or the department and meet the following criteria: 

1. Are permanent; 

2. Contain a legal obligation for the owner to adhere to the 

terms and conditions; 

3. Do not allow a relaxation of a requirement of the 

implementation plan; 

4. Are technically accurate and quantifiable; 

5. Include averaging times or other provisions that allow at 

least monthly (or a shorter period if necessary to be 

consistent with the implementation plan) checks on 

compliance. This may include, but not be limited to, the 

following: compliance with annual limits in a rolling basis, 

monthly or shorter limits, and other provisions consistent 

with this article and other regulations of the board; and 

6. Require a level of recordkeeping, reporting and 

monitoring sufficient to demonstrate compliance. 

"Existing stationary source" means any stationary source 

other than a new stationary source. 

"Federal hazardous air pollutant new source review 

program" means a program for the preconstruction review 

and approval of the construction, reconstruction, or 

modification of any stationaty source in accordance with 

regulations specified below and promulgated to implement 

the requirements of § 112 (relating to hazardous air 

pollutants) ofthe federal Clean Air Act. 

1. The provisions of 40 CFR 61.05, 40 CFR 61.06, 40 CFR 

61.07, 40 CFR 61.08 and 40 CFR 61.15 for issuing 

approvals of the construction of any new source or 

modification of any existing source subject to the 

provisions of 40 CFR Part 61. 

2. The provisions of 40 CFR 63.5 for issuing approvals to 

construct a new source or reconstruct a source subject to 

Regulations 

the provisions of 40 CFR Pmt 63, except for Subparts B, D 

and E. 

3. The provisions of 40 CFR 63.50 through 40 CFR 63.56 

for issuing Notices of MACT Approval prior to the 

construction of a new emissions unit. 

"Federally enforceable" means all limitations and conditions 

that are enforceable by the administrator and citizens under 

the federal Clean Air Act or that are enforceable under other 

statutes administered by the administrator. Federally 

enforceable limitations and conditions include, but are not 

limited to, the following: 

I. Emission standards, alternative emission standards, 

alternative emissions limitations, and equivalent emissions 

limitations established pursuant to § 112 of the federal 

Clean Air Act, as amended in 1990. 

2. New source performance standards established pursuant 

to § Ill of the federal Clean Air Act, and emission 

standards established pursuant to § 112 of the federal 

Clean Air Act before it was amended in 1990. 

3. All terms and conditions (unless expressly designated as 

state-only enforceable) in a federal operating permit, 

including any provisions that limit a source's potential to 

emit. 

4. Limitations and conditions that are part of an 

implementation plan established pursuant to § II 0, 

§ lll(d) or§ 129 of the federal Clean Air Act. 

5. Limitations and conditions (unless expressly designated 

as state-only enforceable) that are part of a federal 

construction permit issued under 40 CFR 52.21 or any 

construction permit issued under regulations approved by 

EPA into the implementation plan. 

6. Limitations and conditions (unless expressly designated 

as state-only enforceable) that are pmt of a state operating 

permit where the permit and the permit program pursuant 

to which it was issued meet all of the following criteria: 

a. The operating permit program has been approved by 

the EPA into the implementation plan under § 11 0 of the 

federal Clean Air Act. 

b. The operating permit program imposes a legal 

obligation that operating permit holders adhere to the 

terms and limitations of such permits and provides that 

permits that do not conform to the operating permit 

program requirements and the requirements of EPA's 

underlying regulations may be deemed not federally 

enforceable by EPA. 

c. The operating permit program requires that all 

emissions limitations, controls, and other requirements 

imposed by such permits will be at least as stringent as 

any other applicable limitations and requirements 

contained in the implementation plan or enforceable 

under the implementation plan, and that the program may 

not issue permits that waive, or make less stringent, any 

limitations or requirements contained in or issued 

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1637 
Regulations 

pursuant to the implementation plan, or that are 

otherwise federally enforceable. 

d. The limitations, controls, and requirements in the 

permit in question are permanent, quantifiable, and 

otherwise enforceable as a practical matter. 

e. The permit in question was issued only after adequate 

and timely notice and opportunity for comment by the 

EPA and the public. 

7. Limitations and conditions in a regulation of the board 

or program that has been approved by EPA under Subpart 

E of 40 CFR Part 63 for the purposes of implementing and 

enforcing§ 112 ofthe federal Clean Air Act. 

8. Individual consent agreements that EPA has legal 

authority to create. 

"Federal operating permit" means a permit issued under the 

federal operating permit program. 

"Federal operating permit program" means an operating 

permit system (i) for issuing terms and conditions for major 

stationary sources, (ii) established to implement the 

requirements of Title V of the federal Clean Air Act and 

associated regulations, and (iii) codified in Article 1 (9V AC5-

80-50 et seq.), Article 2 (9V AC5-80-31 0 et seq.), Article 3 

(9V AC5-80-360 et seq.), and Article 4 (9V AC5-80-71 0 et 

seq.) ofthis part. 

"Fixed capital cost" means the capital needed to provide all 

the depreciable components. 

"Fugitive emissions" means those emissions that could not 

reasonably pass through a stack, chimney, vent, or other 

functionally equivalent opening. 

"General permit" means a permit issued under this article 

that meets the requirements of9V AC5-80-1250. 

"Hazardous air pollutant" means (i) any air pollutant listed 

in § 112(b) of the federal Clean Air Act, as amended by 

Subpart C of 40 CFR Part 63, and (ii) incorporated by 

reference into the regulations of the board at 9VAC5-60-92 

B. 

"Independent system operator" or "ISO" means a person that 

may receive or has received by transfer pursuant to § 56-576 

of the Code of Virginia any ownership or control of, or any 

responsibility to operate, all or part of the transmission 

systems in the Commonwealth. 

"Major modification" means any project at a m~jor 

stationary source that would result in a significant emissions 

increase in any regulated air pollutant. For projects, the 

emissions increase may take into consideration any state and 

federally enforceable permit conditions that will be placed in 

a permit resulting from a permit application deemed complete 

under the provisions of 9V AC5-80-1160 B. 

"M~or new source review (NSR) permit" means a permit 

issued under the major new source review program. 

"Major new source review (major NSR) program" means a 

preconstmction review and permit program (i) for new m~or 

stationary sources or major modifications (physical changes 

or changes in the method of operation); (ii) established to 

implement the requirements of §§ 112, 165 and 173 of the 

federal Clean Air Act and associated regulations; and (iii) 

codified in A1iicle 7 (9V AC5-80-1400 et seq.), Article 8 

(9V AC5-80-1605 et seq.) and Article 9 (9V AC5-80-2000 et 

seq.) of this part. 

"Major stationary source" means any stationary source that 

emits, or has the potential to emit, I 00 tons or more per year 

of any regulated air pollutant. For new stationary sources, the 

potential to emit may take into consideration any state and 

federally enforceable permit conditions that will be placed in 

a permit resulting from a permit application deemed complete 

under the provisions of 9V AC5-80-1160 B. 

"Minor new source review (NSR) permit" means a permit 

issued pursuant to this article. 

"Minor new source review (minor NSR) program" means a 

preconstmction review and permit program (i) for regulated 

air pollutants from new stationary sources or projects that are 

not subject to review under the major new source review 

program; (ii) established to implement the requirements of 

§§ IIO(a)(2)(C) and 112 of the federal Clean Air Act and 

associated regulations; and (iii) codified in this miicle. The 

minor NSR program may also be used to implement the terms 

and conditions described in 9V AC5-80-1120 F I; however, 

those terms and conditions shall be state-only enforceable and 

shall not be applicable federal requirements. 

"Modification" means any physical change in, or change in 

the method of operation of an emissions unit that increases 

the uncontrolled emission rate of any regulated air pollutant 

emitted into the atmosphere by the unit or that results in the 

emission of any regulated air pollutant into the atmosphere 

not previously emitted. The following shall not be considered 

physical changes or changes in the method of operation under 

this definition: 

I. Maintenance, repair and replacement of components that 

the board determines to be routine for a source type and 

which does not fall within the definition of "replacement"; 

2. An increase in the throughput or production rate of a 

unit (unless previously limited by any state enforceable and 

federally enforceable pennit conditions established 

pursuant to this chapter), if that increase does not exceed 

the operating design capacity of that unit; 

3. An increase in the hours of operation (unless previously 

limited by any state enforceable and federally enforceable 

permit conditions established pursuant to this chapter); 

4. Use of an alternative fuel or raw material (unless 

previously limited by any state enforceable and federally 

enforceable permit conditions established pursuant to this 

chapter) if, prior to the date any provision of the 

regulations of the board becomes applicable to the source 

type, the emissions unit was designed to accommodate that 

alternative use. A unit shall be considered to be designed to 

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014 

1638 
accommodate an alternative fuel or raw material if 

provisions for that use were included in the final 

construction specifications; 

5. Use of an alternative fuel or raw material that the 

emissions unit is approved to use under any new source 

review permit; 

6. The addition, replacement or use of any system or 

device whose primary function is the reduction of air 

pollutants, except when a system or device that is 

necessary to comply with applicable air pollution control 

laws, permit conditions or regulations is replaced by a 

system or device which the board considers to be less 

efficient in the control of air pollution emissions; 

7. The removal of any system or device whose primary 

function is the reduction of air pollutants if the system or 

device is not (i) necessary for the source to comply with 

any applicable air pollution control laws, permit 

conditions, or regulations or (ii) used to avoid any 

applicable new source review program requirement; or 

8. A change in ownership at a stationary source. 

"Necessary preconstruction approvals or permits" means 

those permits or approvals required under the NSR program 

that is part of the implementation plan. 

"New source review (NSR) permit" means a permit issued 

under the new source review program. 

"New source review (NSR) program" means a 

preconstruction review and permit program (i) for regulated 

air pollutants from new stationary sources or projects 

(physical changes or changes in the method of operation); (ii) 

established to implement the requirements of§§ II O(a)(2)(C), 

112 (relating to permits for hazardous air pollutants), 165 

(relating to permits in prevention of significant deterioration 

areas), and 173 (relating to permits in nonattainment areas) of 

the federal Clean Air Act and associated regulations; and (iii) 

codified in this article, Article 7 (9V AC5-80-1400 et seq.), 

Article 8 (9V AC5-80-1605 et seq.) and Article 9 (9V AC5-80-

2000 et seq.) of this part. The NSR program may also be used 

to implement the terms and conditions described in 9V AC5-

80-ll20 F 1 ; however, those terms and conditions shall be 

state-only enforceable and shall not be applicable federal 

requirements. 

"New stationary source" means any stationary source to be 

constructed at or relocated to an undeveloped site. 

"Nonroad engine" means any internal combustion engine: 

I. In or on a piece of equipment that is self-propelled or 

serves a dual purpose by both propelling itself and 

performing another function (such as garden tractors, offhighway mobile cranes and bulldozers); eF 

2. In or on a piece of equipment that is intended to be 

propelled while performing its function (such as 

lawnmowers and string trimmers): or 

Regulations 

3. That. by itself or in or on a piece of equipment is 

portable or transportable. meaning designed to be capable 

of being carried or moved from one location to another. 

Indications of transportability include. but are not limited 

to. wheels, skids. carrying handles, dollies. trailers, or 

platforms. 

An internal combustion engine is not a nonroad engine if ill 

the engine is used to propel a motor vehicle or a vehicle used 

solely for competition, or is subject to standards promulgated 

under § 202 of the federal Clean Air Act: or (ii) the engine 

otherwise included in subdivision 3 of this definition remains 

or will remain at a location for more than 12 consecutive 

months or a shorter period of time for an engine located at a 

seasonal source. 

For purposes of this definition. a location is any single site at 

a building. structure, facility. or installation. Any engine or 

engines that replaces an engine at a location and that is 

intended to perform the same or similar function as the engine 

replaced will be included in calculating the consecutive time 

period. An engine located at a seasonal source is an engine 

that remains at a seasonal source during the full annual 

operating period of the seasonal source. A seasonal source is 

a stationary source that remains in a single location on a 

permanent basis (i.e., at least two years) and that operates at 

the single location approximately three months or more each 

year. This subdivision does not apply to an engine after the 

engine is removed from the location. 

"Piantwide applicability limitation (PAL)" means an 

emissions limitation expressed in tons per year, for a pollutant 

at a major stationary source, that is enforceable as a practical 

matter and established sourcewide in accordance with 

9V AC5-80-1865 or 9V AC5-80-2 I 44. 

"PAL permit" means the state operating permit issued by the 

board that establishes a PAL for a major stationary source. 

"Portable," in reference to emissions units, means an 

emissions unit that is designed to have the capability of being 

moved from one location to another for the purpose of 

operating at multiple locations and storage when idle. 

Indications of pmiability include, but are not limited to, 

wheels, skids, carrying handles, dolly, trailer, or platform. 

"Potential to emit" means the maximum capacity of a 

stationary source to emit a pollutant under its physical and 

operational design. Any physical or operational limitation on 

the capacity of the source to emit a 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 only 

if the limitation or its effect on emissions is state and 

federally enforceable. Secondary emissions do not count in 

determining the potential to emit of a stationary source. 

"Precursor pollutant" means the following: 

(+} L Volatile organic compounds and nitrogen oxides are 

precursors to ozone. 

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014 

1639 
Regulations 

P-) b Sulfur dioxide is a precursor to PM25• 

f-B .1. Nitrogen oxides are presumed to be precursors to 

PM2 5 in all P!Vh. 5, unless the board determines that 

emissions of nitrogen oxides from sources in a specific 

area are not a significant contributor to that area's ambient 

PM25 concentrations. 

fB :L. Volatile organic compounds and ammonia are 

presumed not to be precursors to PM25, unless the board 

determines that emissions of volatile organic compounds 

or ammonia from sources in a specific area are a 

significant contributor to that area's ambient PM25 

concentrations. 

"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. 

"Project" means any change at an existing stationary source 

consisting of the addition, replacement, or modification of 

one or more emissions units. 

"Public comment period" means a time during which the 

public shall have the opportunity to comment on the permit 

application information (exclusive of confidential 

information) for a new stationary source or project, the 

preliminary review and analysis of the effect of the source 

upon the ambient air quality, and the preliminary decision of 

the board regarding the permit application. 

"Reactivation" means beginning operation of an emissions 

unit that has been shut down. 

"Reconstruction" means, for the sole purposes of 9V ACS80-121 0 A, B, and C, the replacement of an emissions unit or 

its components to such an extent that: 

I. The fixed capital cost of the new components exceeds 

50% of the fixed capital cost that would be required to 

construct a comparable entirely new unit; 

2. The replacement significantly extends 'the life of the 

emissions unit; and 

3. It is technologically and economically feasible to meet 

the applicable emission standards prescribed under 

regulations of the board. 

Any determination by the board as to whether a proposed 

replacement constitutes reconstruction shall be based on: 

1. The fixed capital cost of the replacements in comparison 

to the fixed capital cost of the construction of a comparable 

entirely new unit; 

2. The estimated life of the unit after the replacements 

compared to the life of a comparable entirely new unit; 

3. The extent to which the components being replaced 

cause or contribute to the emissions from the unit; and 

4. Any economic or technical limitations on compliance 

with applicable standards of performance that are inherent 

in the proposed replacements. 

"Regulated air pollutant" means any of the following: 

I. Nitrogen oxides or any volatile organic compound. 

2. Any pollutant (including any associated precursor 

pollutant) for which an ambient air quality standard has 

been promulgated. 

3. Any pollutant subject to any standard promulgated under 

40 CFR Pmt 60. 

4. Any pollutant subject to a standard promulgated under 

or other requirements established under 40 CFR Part 61 

and any pollutant regulated under 40 CFR Part 63. 

5. Any pollutant subject to a regulation adopted by the 

board. 

"Relocation" means a change in physical location of a 

stationary source or an emissions unit from one stationary 

source to another stationary source. 

"Replacement" means the substitution of an emissions unit 

for an emissions unit located at a stationary source, which 

will thereafter perform the same function as the replaced 

emissions unit. 

"Secondary emissions" means emtsstons which occur or 

would occur as a result of the construction or operation of a 

new stationary source or an emissions unit, but do not come 

from the stationary source itself. For the purpose of this 

article, secondary emissions must be specific, well-defined, 

and quantifiable; and must affect the same general areas as 

the stationary source that causes the secondary emissions. 

Secondary emissions include emissions from any off site 

support facility that would not be constructed or increase its 

emissions except as a result of the construction or operation 

of the stationary source or emissions unit. Secondary 

emissions do not include any emissions that come directly 

from a mobile source, such as emissions from the tailpipe of a 

motor vehicle, from a train, or from a vessel. 

"Significant" means: 

I. In reference to an emissions increase, an increase in 

potential to emit that would equal or exceed any of the 

following rates: 

a. In ozone nonattainment areas classified as serious or 

severe in 9V ACS-20-204: 

Pollutant Emissions Rate 

Carbon Monoxide I 00 tons per year 

(tpy) 

Nitrogen Oxides 25 tpy 

Sulfur Dioxide 40 tpy 

Pmticulate Matter 25 tpy 

(PM) 

Particulate Matter 15 tpy 

(PM10) 

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014 

1640 
Particulate Matter 10 tpy 

(PMzs) 

Volatile organic 25 tpy 

compounds 

Lead 0.6 tpy 

b. In all other areas: 

Pollutant Emissions Rate 

Carbon Monoxide I 00 tons per year 

(tpy) 

Nitrogen Oxides 40 tpy 

Sulfur Dioxide 40 tpy 

Particulate Matter 25 tpy 

(PM) 

Particulate Matter 15 tpy 

(PM10) 

Particulate Matter 10 tpy 

(PM25) 

Volatile organic 40 tpy 

compounds 

Lead 0.6 tpy 

2. In reference to an emissions increase for a regulated air 

pollutant not listed in subdivision I of this definition, there 

is no emissions rate that shall be considered significant. 

3. If the particulate matter (PM10 or PM25) emissions for a 

stationary source or emissions unit can be determined in a 

manner acceptable to the board and the emissions increase 

is determined to be significant using the emission rate for 

particulate matter (PM10 or PM25), the stationary source or 

emissions unit shall be considered to be significant for 

particulate matter (PM). If the emissions of particulate 

matter (PM10 or PM25) cannot be determined in a manner 

acceptable to the board, the emission rate for particulate 

matter (PM) shall be used to determine whether the 

emissions increase is significant. 

"Significant emissions increase" means, for a regulated air 

pollutant, an increase in emissions that is significant for that 

pollutant. 

"Site" means one or more contiguous or adjacent properties 

under the control of the same person (or persons under 

common control). 

"Source category schedule for standards" means the 

schedule (i) issued pursuant to§ 112(e) of the federal Clean 

Air Act for promulgating MACT standards issued pursuant to 

§ 112(d) of the federal Clean Air Act and (ii) incorporated by 

reference into the regulations of the board in subdivision 2 of 

9V AC5-60-92. 

Regulations 

"Space heater" means any fixed or portable, liquid or 

gaseous fuel-fired, combustion unit used to heat air in a 

space, or used to heat air entering a space, for the purpose of 

maintaining an air temperature suitable for comfort, storage, 

or equipment operation. Space heaters do not include 

combustion units used primarily for the purpose of 

conditioning or processing raw materials or product, such as 

driers, kilns, or ovens. 

"State enforceable" means all limitations and conditions that 

are enforceable as a practical matter, including any regulation 

of the board, those requirements developed pursuant to 

9V AC5-l70-160, requirements within any applicable order or 

variance, and any permit requirements established pursuant to 

this chapter. 

"State operating permit" means a permit issued under the 

state operating permit program. 

"State operating permit program" means an operating permit 

program (i) for issuing limitations and conditions for 

stationary sources; (ii) promulgated to meet the EPA's 

minimum criteria for federal enforceability, including 

adequate notice and opportunity for the EPA and public 

comment prior to issuance of the final permit, and practicable 

enforceability; and (iii) codified in Article 5 (9V AC5-80-800 

et seq.) of this part. 

"Stationary source" means any building, structure, facility or 

installation that emits or may emit any regulated air pollutant. 

A stationary source shall include all of the pollutant-emitting 

activities that belong to the same industrial grouping, are 

located on one or more contiguous or adjacent properties, and 

are under the control of the same person (or persons under 

common control) except the activities of any watercraft or 

any nonroad engine. Pollutant-emitting activities shall be 

considered as part of the same industrial grouping if they 

belong to the same "major group" (i.e., that have the same 

two-digit code) as described in the "Standard Industrial 

Classification Manual" (see 9VAC5-20-21 ). 

"Synthetic minor source" means a stationary source that 

otherwise has the potential to emit regulated air pollutants in 

amounts that are at or above those for major stationary 

sources, as applicable, but is subject to restrictions such that 

its potential to emit is less than such amounts for major 

stationary sources. Such restrictions must be enforceable as a 

practical matter. The term "synthetic minor source" applies 

independently for each regulated air pollutant that the source 

has the potential to emit. 

"Temporary facility" means a facility that (i) is operated to 

achieve a specific objective (such as serving as a pilot test 

facility, a process feasibility project, or a remediation project) 

and (ii) does not contribute toward the commercial production 

of any product or service (including byproduct and 

intermediate product) during the operational period. Portable 

emissions units covered by the exemption under 9V AC5-80-

ll 05 A I c and facilities used to augment or enable routine 

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014 

1641 
Regulations 

production are not considered temporary facilities for the 

purposes of this definition. 

"Toxic pollutant" means any air pollutant (i) listed in 

§ 112(b) ofthe federal Clean Air Act, as amended by Subpart 

C of 40 CFR Part 63 and (ii) incorporated by reference into 

the regulations of the board at subdivision 1 of 9V ACS-60-

92, or any other air pollutant that the board determines, 

through adoption of regulation, to present a significant risk to 

public health. This term excludes asbestos, fine mineral 

fibers, radionuclides, and any glycol ether that does not have 

aTLV®. 

"Uncontrolled emission rate" means the emission rate from 

an emissions unit when operating at maximum capacity 

without air pollution control equipment. Air pollution control 

equipment includes control equipment that is not vital to its 

operation, except that its use enables the owner to conform to 

applicable air pollution control laws and regulations. Annual 

uncontrolled emissions shall be based on the maximum 

annual rated capacity (based on 8,760 hours of operation per 

year) of the emissions unit, unless the emissions unit or 

stationary source is subject to state and federally enforceable 

permit conditions that limit the annual hours of operation. 

Enforceable permit conditions on the type or amount of 

material combusted, stored, or processed may be used in 

determining the uncontrolled emission rate of an emissions 

unit or stationary source. The uncontrolled emission rate of a 

stationary source is the sum of the uncontrolled emission 

rates of the individual emissions units. Secondary emissions 

do not count in determining the uncontrolled emission rate of 

a stationary source. 

"Undeveloped site" means any site or facility at which no 

emissions units are located at the time the permit application 

is deemed complete, or at the time the owner begins actual 

construction, whichever occurs first. An undeveloped site also 

includes any site or facility at which all of the emissions units 

have been determined to be shut down pursuant to the 

provisions of9VAC5-20-220. 

"Vegetative waste" means decomposable materials 

generated by land clearing activities and includes shrub, bush 

and tree prunings, bark, brush, leaves, limbs, roots, and 

stumps. Vegetative waste does not include construction or 

demolition waste or any combination of them. 

"Vegetative waste recycling/mulching operation" means any 

activity related to size reduction or separating, or both, of 

clean wood or vegetative waste, or both, by grinding, 

shredding, chipping, screening, or any combination of them. 

YA.R. Doc. No. Rl4-3825; Filed January 9, 2014, 2:03p.m. 

VIRGINIA WASTE MANAGEMENT BOARD 

Final Regulation 

REGISTRAR'S NOTICE: The following regulatory action is 

exempt from Article 2 of the Administrative Process Act in 

accordance with § 2.2-4006 A 4 c of the Code of Virginia, 

which excludes regulations that are necessary to meet the 

requirements of federal law or regulations provided such 

regulations do not differ materially from those required by 

federal law or regulation. The Virginia Waste Management 

Board will receive, consider, and respond to petitions by any 

interested person at any time with respect to reconsideration 

or reVISIOn. 

Title of Regulation: 9V AC20-60. Virginia Hazardous 

Waste Management Regulations (amending 9V AC20-60-

18). 

Statutory Authority:§§ 10.1-1402 and 10.1-1426 ofthe Code 

of Virginia; 42 USC § 6921; 40 CFR Parts 260 through 272. 

Effective Date: March 12, 2014. 

Agencv Contact: Debra Harris, Department of Environmental 

Quality, 629 East Main Street, P.O. Box 1105, Richmond, 

VA 23218, telephone (804) 698-4209, FAX (804) 698-4346, 

or email debra.harris@deq.virginia.gov. 

Summary: 

The amendments incorporate the July I, 2013, update of 

Title 40 of the Code of Federal Regulations and adopt the 

conditional exclusions for solvent contaminated wipes 

published in 78 FR 46448 (July 31, 2013). 

9VAC20-60-18. Applicability of incorporated references 

based on the dates on which they became effective. 

Except as noted, when a regulation of the United States 

Environmental Protection Agency set forth in Title 40 of 

the Code of Federal Regulations is referenced and 

incorporated herein, that regulation shall be as it exists and 

has been published in the July I, ;w.R 2013, update and 

shall also include the conditional exclusions for solvent 

contaminated wipes as promulgated by the United States 

Environmental Protection Agencv in 78 FR 46448 (July 

31,2013). 

VA.R. Doc. No. Rl4-3912; Filed January 9, 2014.9:00 a.m. 

Final Regulation 

REGISTRAR'S NOTICE: The following regulatory action is 

exempt from Article 2 of the Administrative Process Act in 

accordance with § 2.2-4006 A 4 c of the Code of Virginia, 

which excludes regulations that are necessary to meet the 

requirements of federal law or regulations provided such 

regulations do not differ materially from those required by 

federal law or regulation. The Virginia Waste Management 

Board will receive, consider, and respond to petitions by any 

interested person at any time with respect to reconsideration 

or revision. 

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014 

1642 
ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

The complete record of public participation activities is located at the Air Division of the 

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division.

The state did not receive comments on this particular revision.

TEMPLATES\SIP-REG\REG03-pc

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