SUBJECT: 

FROM: 

TO: 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION Ill 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

Approval and Promulgation of Air Quality 

Implementation Plans; Virginia; 

Minor New Source Review Requirements -

Technical Support Document 

David Talley (Itt 

Office of Perm nd State P ograms (3AP I 0) 

Air Prote · 

a e irector 

Programs (3AP I 0) 

EPA is proposing to take direct final action approve a State Implementation Plan (SIP) revision 

request submitted by the Virginia Department of Environmental Quality (V ADEQ) on behalf of 

the Commonwealth of Virginia on July 15, 2013. The submittal consists of a number of 

amendments to V ADEQ's minor New Source Review (NSR) program, as well as a complete 

recodification of those regulations. 

I. Background 

On July 24, I 996, EPA took final action to approve in part and disapprove in part a revision to 

the Virginia SIP relating to minor NSR permitting requirements. See 6 1 FR 38388. EPA 

disapproved revisions to the public participation requirements which were, at the time, codified 

at Virginia Regulations (VR) section 120-08-1. Specifically, EPA disapproved sections 

120-08-0lG.l and .01G.4.b because they purported to exempt major modifications of less than 

I 00 tons per year (tpy) from the prescribed public participation procedures. contrary to the 

requirements of 40 CFR 51. 161. This left the previously approved SIP requirements of VR 

section 120-08-01C.4 in place to govern public participation. EPA approved the remainder of 

the submittal into Virginia's SIP. 1 

Subsequently, on April 2 1, 2000, EPA took final action to approve a revision to the Virginia SIP 

which did not revise any of the substantive requirements, but included reorganized V ADEQ 

1 It should be noted that in the interim between EPA's 1996 approval of Virginia's minor NSR SIP, and this current 

action, Virginia revised the applicability requirements to match the net emissions approach ("'netting) of major NSR. 

This particular revision to the VAC was never submitted to or approved by EPA as a SIP revision. After several 

years, V ADEQ determined that this approach did not work well for minor NSR purposes. and reverted to the 

previous approach which dealt with the sum of emissions increases from each unit affected by the modification at 

hand. However, since the original switch to a netting approach was never approved into the SIP, the reversion to the 

original scheme does not represent a revision to the SIP. 
regulations, recodified from the VR-120-08-0 I format to the Virginia Administrative Code 

(VAC) fonnat (e.g. 9VAC5-80-10). See 78 FR 21315. 

II. Summa ry of Action 

Virginia's July 15, 2013 submittal encompasses a number of revisions to Virginia's regulations 

that were completed at the Commonwealth level, but not submitted to and approved by EPA as 

revisions to the Virginia SIP. V ADEQ compiled the various revisions and submitted them so 

that EPA could review the program as a whole. Among those revisions was the evolution and 

recodification of VADEQ's minor NSR program from 9VAC5 Chapter 80 sections 10 and 11 to 

Article 6 of Part VIII of9VAC5 Chapter 80. Sections I 0 and 11 of9VAC5-80 are thus being 

removed from the SIP and replaced as part of this action. Additionally, the submittal includes 

revisions to 9V AC5-50, sections 240, 250, a'nd 260. Th~ ~ubmittal also includes revisions to the 

requirements for public participation under 9V AC5-80, Article 6 which correct the deficiencies 

which were the reason for EPA's previously mentioned 1996 disapproval action. The revisions 

(and in particular the deletions) are in accordance with section llO(l) of the Clean Air Act 

(CAA) because they will not interfere with any applicable requirement concerning attainment 

and reasonable further progress, or any other applicable CAA requirement. 

Following is a table of the revisions included in the July 15, 2013 submittal, and a discussion of 

the substantive impacts of those revisions on VADEQ's minor NSR program. 

9VACS-50 New and Modified Stationary Sources 

Article 4 Standards of Performance for Stationary Sources (Rule 5-4) 

Section Description Status 

5-50-240 Applicability and designation Subsection A is revised to clarify the 

of affected facility applicability of the provisions of Article 4 to be 

consistent with the other changes being made to 

the minor NSR program. Subsection C added to 

exempt HAP sources only to the extent they are 

subject to 9V AC5-60. The exemption does not 

extend to other properties of the exempted 

pollutants which may require regulation under 

9V AC5-40 or 9V AC5-50. 

5-50-250 Definitions Subsections A-C are revised. The BACT 

definition under Subsection Cis revised to allow 

for the consideration of additional factors when 

establishing BACT under the minor NSR 

program. Additionally, the definition of LAER 

is deleted because it is duplicative with the 

definition in 9V AC5-80-20 I 0. 

5-50-260 Standard for stationary Subsections A-D are revised to require BACT 

sources for a ll units subject to the minor NSR program, 

and to require that BACT be established no 

longer than 18 months before commencement of 
5-80-1100 

5-80-1105 

construction. 

9 V AC 5, Chapter 80 Permits for Stationary Sources [Part VIII] 

Article 6- Permits for New and Modified Stationary Sources 

Applicability 

Pennit exemptions 

Subsections A-M are revised and re-codified. 

Subsection A is revised such that reconstruction 

of an emission unit by the replacement of some 

of its components is treated the same as a 

modification of the unit. Such changes are no 

longer exempt if the potential to emit (PTE) is 

not increased, and will only be exempt if the 

emissions increase will be less than the exempt 

emission rates at an existing source. Subsection 

C is revised to allow otherwise exempt sources 

to opt into permit review. Subsection D is 

revised to clarify role of fugitive emissions in 

minor NSR applicability. Fugitives are counted 

to the extent possible. A source may be exempt 

from minor NSR requirements if fugitives are 

the only emissions that cause a source to be 

subject to minor NSR. Subsection G is added to 

clarify that exemption from minor NSR does not 

exempt a source from major NSR and vice versa. 

Subsection I is revised to incorporate provisions 

for the regulation of HAPs consistent with the 

federal requirements of parts 61 and 63. 

Subsection M is revised to address condensable 

PM2.s emissions. All other revisions are nonsubstantive. 

Revised and re-codified. Subsection A 1 b adds 

an exemption for vegetative waste 

recycling/mulching operations. Subsection A 1 

c revises the criteria for the portable unit 

exemption. Subsection A 1 e adds an exemption 

for an alternative fuel or raw material provided 

the source demonstrates that emissions will 

decrease and the use does not otherwise require 

permit review. Subsection A 2 a adds 

exemption for replacement units unless there is 

in increase in potential to emit. Subsection A 2 

b revises permit requirements related to stack 

height changes .. Subsection A 4 adds record 

keeping requirements for owners of exempted 

facilities to demonstrate the basis for the 

exemption. Subsection B 1 clarifies which units 

can qualify for the fuel burning equipment 

exemption. Subsection B 2 adds exemptions for 
engines

/turbines which do not exceed 500 hours 

of operation per year and meet other sizing 

criteria. 

Subsection B 4 through 9 deletes 

emission rate based exemptions for VOC coating 

operations. Retains remaining exempt

ions with 

editorial changes only. 

Subsection B 11 clarifies 

sawmill exemption criteria and expands 

exemption to planing mills. Subsection B 12 

adds exemption for exhaust flares at natural gas 

and coal bed methane wells. 

S ubsection B 13 

adds exemption for process testing and remediation projects that remain in existence for less than a year. S ubsection B 14 adds an 

exemption for open pit incinerators subject to the 

open burning regs at 9V ACS-130-1 

0. 

Subsection B I 5 adds an exemption for small 

swine and poultry incinerators on farms. 

Subsection C 1 revises and clarifies exemption 

identification criteria and adds a number of 

pollutant based exemptions. S ubsection C 2 

allows sources exempted under PM10and PM2.s 

to be exempted for particulate matter; allows use 

of particulate matter exemption threshold if 

PM10 and PM2.s emission levels cannot be 

determined. Subsection C 3 adds provisions to 

exempt a source from minor NSR if the 

uncontrolled emissions increase is due solely to 

fugitive emissions. Subsection D 1 revises the 

exemption criteria such that the addition of a 

new emissions unit at a source will be 

considered a modification and thus subject to 

more restrictive exemption thresholds. S ubsection E is not in the SIP. Subsect

ion F 

adds provisions to exempt affected sources from 

the minor NSR program consistent with federal 

hazardous air pollutant new source review 

program. Additionally, a number of provisions 

under the former 9V ACS-80-11 have been 

deleted as part of the recodification, either in an 

attempt to simplify implementation of the minor 

NSR program, or because they were duplicative 

of the new provisions under 9V ACS-80-11 00. 

All other revisions are non-substantive. 

5-80-1110 Definitions Revised and re-codified. Several ofthe 

definitions under Subsection Care revised to be 

consistent with the major NSR program, yet 
allow the minor NSR program to function 

without undue reliance on the provisions of the 

major NSR program. The definitions at 

paragraph 5 under "Regulated air pollutant," and 

the definition of "Toxic pollutant" are excluded. 

5-80-1120 General Revised and re-codified, except the former 

paragraph C.1 (b) relating to hazardous air 

pollutants which continues to be excluded. 

Revisions are administrative. 

5-80-1130 Reserved Excluded from SIP. 

5-80-1 140 Applications Revised and re-codified subsections A-E. 

Revisions are administrative. 

5-80-1150 Application information Revised and re-codified subsections A-C. 

required Revisions are administrative. 

5-80-1160 Action on permit application Revised and re-codified Subsections A-G. The 

latter portion of Subsections 0 (beginning with 

" ... direct consideration by the board ... ") is 

excluded. Revisions are administrative. 

5-80-1 170 Public participation Revised and re-codified subsections A-E, and H. 

Subsections F and G are excluded. Note: 

Subsection 0.2 is not currently in the SIP- it is 

a new addition which corrects the inappropriate 

exemption from public participation 

requirements for major modifications under 100 

tons/year which was the basis for the earlier 

disapproval action. Other revisions are primarily 

administrative. 

5-80-1 180 Standards and conditions for Revised and re-codified Subsections A-0. The 

granting permits portion of Subsection A 1 pertaining to 

hazardous air pollutant sources as prescribed 

under 9VAC5-60 is excluded. Revisions are 

primarily administrative. 

5-80-1190 Application review and Revised and re-codified paragraphs 1, 3, and 4. 

analysis Paragraph 2 is excluded. Revisions are 

administrative. 

5-80-1200 Compliance determination Revised and re-codified Subsections A, and C-G. 

and verification by Paragraph B is removed. Revisions are 

performance testing otherwise administrative. 

5-80-1210 Permit invalidation, Revised and re-codified Subsections A-N. 

suspension, revocation and Revisions are administrative. 

enforcement 

5-80-1220 Existence of permit no Revised and re-codified. Revisions are 

defense administrative. 

5-80-1230 Compliance with local Revised and re-codified. Revisions are 

zoning administrative. 

5-80-1240 Transfer of permits Revised and re-codified. Revisions are 
administrative. 

5-80-1250 General Permits Added Subsections A-D. Added provisions for 

General Permits. 

5-80-1255 Action to combine permit Added Subsections A-E. Revisions are 

terms and conditions administrative. 

5-80-1260 Actions to change permits Added Subsections A-C. Revisions are 

administrati ve. 

5-80-1270 Administrative permit Added Subsections A-B. Revisions are 

amendments administrative. 

5-80- 1280 Minor permit amendments Added Subsections A-G. Revisions are 

administrative. 

5-80-1290 Significant amendment Added Subsections A-E. Revisions are 

procedures administrative. 

5-80- 1300 Reopening for cause Added Subsections A-C. Revisions are 

administrative. 

9V ACS-50 New and Modified Stationa 

Article 4 Standards of Performance for Stationa ule 5-4) 

As detailed in the table above, 9VAC5-50-240 has been revised to maintain consistency with 

revisions in the new Article 6; to clarify which emissions units are subj ect to the minor NSR 

regulations; and to appropriately exempt hazardous air pollutants (HAPs) regulated under 

9V AC5-60. consistent with 40 CFR 51.166. 

Additionally, a number of revisions have been made to the best available control technology 

(BACT) requirements under Virginia's minor NSR program. The definition of BACT under 

9V AC5-50-250 has been revised to provide for the consideration of additional factors in 

determining BACT (e.g. nature and amount of emissions, control efficiencies across industry 

source types, etc.). 9V AC5-50-260 has been revised to require BACT determinations for all 

emissions units subject to the minor NSR program, and to require that for phased construction 

projects, BACT must be reviewed within 18 months of construction of each individual phase. 

9V AC5-50-260 has also been revised to require BACT for all emissions units which are subject 

to the minor NSR program. These changes have been made in order to simplify the minor NSR 

program, and are appropriate and meet the federal requirements of parts 51.160 and 51.161 , and 

CAA section II O(a)(2)(C). Additionally, the revisions are in accordance with section 11 0(1) of 

the Clean Air Act (CAA) because they will not interfere with any applicable requirement 

concerning attainment and reasonable further progress, or any other applicable CAA 

requirement. EPA does not reasonably expect these minor NSR changes to impact NAAQS 

attainment within Virginia as emissions impacts as explained by Virginia in its submittals is 

expected to be minimal. 

Article 6- Permits for New and Modified Stationa 
Generally, the new Article 6 regulations represent a recodification of the minor NSR program 

from section 10 and 11 of 9V AC5-80. Sections 10 and II are being deleted from the SIP 

because they are largely duplicative with the new provisions. In addition, the deficiency related 

to the public participation requirements identified in EPA's 1996 disapproval action has been 

corrected. Therefore, the previously approved public participation requirements under VR 120-

08-01 are being removed from the SIP as well. Additionally, as discussed in more detail below, 

the revisions include new regulations designed to confer federal enforceability upon Virginia's 

program for regulating HAPs (consistent with 40 CFR parts 61 and 63) and the removal of 

provisions which were inadvertently included in the SIP by EPA's 1996 approval, and which 

inappropriately conferred federal enforceability upon Virginia's state-only enforceable 

provisions for regulating toxic air pollutants. Virginia's definition of"toxic air pollutant" is 

more broad than the federal "hazardous air pollutant," and by inadvertently applying the minor 

NSR program to the former, Virginia's SIP went beyond what VADEQ intended. Specifically, 

the requirements of sections 11001, 11 05F, and 1170A are being added, and paragraph 1200B is 

being deleted from the SIP. These revisions are appropriate and meet the federal requirements of 

parts 51.160 and 51.161 , and CAA section 11 O(a)(2)(C). Additionally, the revisions (and in 

particular the deletions) are in accordance with section 11 0(1) of the Clean Air Act (CAA) 

because they will not interfere with any applicable requirement concerning attainment and 

reasonable further progress, or any other applicable CAA requirement, particularly as some 

provisions are simply deleted as duplicative of other requirements in the Virginia Code. 

The unit reconstruction requirements of 9V AC5-80-11 00 have been revised to evaluate 

applicability for the reconstruction of an emissions unit via the replacement of some of its 

components in the same manner as any other modification. Additionally, provisions have been 

added to allow sources to opt into permit review, and to clarify applicability of fugitive 

emissions. 

Provisions have been added to sections 80-1 1 OOM, 11 05C and D, and II 00 C to regulate fine 

particulate matter with an aerodynamic diameter less than 2.5 micrometers (PM2.s) in a manner 

consistent with federal requirements, particularly related .to the condensable fraction of PM2.s. 

9V AC5-80- 11 05 contains the exemptions formerly codified at section 80-11 . Many of the 

revisions to these exemptions are administrative or clarifying in nature. However, there are some 

additions and deletions as well. New exemptions include but are not limited to those for mulch 

recycling operations, replacement units where the potential to emit (PTE) does not increase, 

engines and turbines which do not exceed 500 hours per year of operation, and exhaust flares at 

natural gas and coal be methane extraction wells. Additionally, the emission-rate based 

exemption for VOC coating operations, and the provisions which prohibit the exemption of 

certain New Source Performance Standards (NSPS) and National Emission Standards for 

Hazardous Air Pollutants (NESHAP) sources have been deleted. Exemption thresholds for 

PM2.s have been added, below which minor NSR will not apply. 

The new (and existing) exemptions exist because VADEQ considers the associated emissions to 

be de minimis, and not worth the administrative effort required to issue permits. As a safeguard, 

however, provisions have been added to state that any exemption from the minor NSR 

requirements does not create an exemption from major NSR. All such sources would be 
considered emissions sources for purposes of determining major source status under Virginia's 

SIP approved major NSR program. 

The definitions under 9V AC5-80-111 0 have been revised to make the minor NSR program more 

compatible with the major NSR program. Additional revisions of note include: the addition of 

provisions for ensuring that permit terms relating to emissions caps are practically enforceable 

(9V AC5-80-Il80B, C. and D); criteria relating to invalidation of permits due to delays in 

construction (9V ACS-80-121 OB); criteria for issuance of general permits (9V ACS-80-1250); 

provisions relating to permit modifications (9V AC5-80-1 260 through 1300); as well as several 

non-substantive, clarifying revisions. 

All of the new and revised provisions of 9V AC5-80 Article 6 meet the federal requirements of 

parts 5 1.160 and 51.161, and CAA section ll0(a)(2). Additionall y, the revisions (and in 

particular the deletions) are in accordance with section 11 0(1) of the Clean Air Act (CAA) 

because they wi ll not interfere with any applicable requirement concerning attainment and 

reasonable further progress, or any other applicable CAA requirement. EPA finds Virginia's 

conclusion regarding de minimus emissions impacts reasonable. 

III. Recommended Agency Action 

The submitted regulations meet the requirements of the Clean Air Act and its implementing 

regulations. l recommend that Virginia's July 15, 20 13 submittal be approved as a revision to 

the Virginia SIP.