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 1105, Richmond, Virginia 23218 

TDD (804) 698-4021 

www .deq. virginia.gov 

MAY 12 2014 

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) 698-4020 

1-800-592-5482 

Reference: Greenhouse Gas Plantwide 

Applicability Limits 

(Revision H12) 

Dear Ms. Esher: 

Pursuant to the requirements of § 11 0 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 ofVirginia and in accordance with 

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

Implementation Plans). 

This revision amends 9VAC5 Chapter 85, Permits for Stationary Sources ofPollutants 

Subject To Regulation, to meet U.S. Environmental Protection Agency (EPA) final amendments 

to its regulations on July 12, 2012 (77 FR 41051) for permitting of greenhouse gases (GHGs).' 

The purpose of these amendments is to establish plantwide applicability limits (PALs) for GH G 

emissions. A PAL establishes a site-specific plantwide emission level for a pollutant that allows 

the source to make changes at the facility without triggering the requirements of the prevention of 

significant deterioration (PSD) program. EPA also revised its regulations to allow a GHG-only 

source to submit an application for a C02e-based GHG PAL while also maintaining its minor 

source status. Because these actions could streamline PSD permitting, it would be beneficial to 

implement them in Virginia. The regulation amendments were adopted by the State Air 

Pollution Control Board on November 30, 2012 under the authority of§ 10.1-1308 of the Code 

of Virginia. 
Enclosed are the following: 

1. A true copy of the official regulation (Revision G 12) which was published in the 

Virginia Register of Regulations on January 27, 2014 after being duly adopted by the State Air 

Pollution Control Board on November 30, 2012, certified by the Office of the Attorney General 

as within the Board's statutory authority on December 6, 2012 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 December 

30,2013. 

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\REGOO 

SIP\NONATTN PLANS\20 14\Hl2-SIP.DOC 

Enclosures 

David K. Paylor 
ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION H12

CONCERNING

PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO 

REGULATION, GREENHOUSE GAS PALs

(9VAC5 CHAPTER 85)

Adoption Date: November 30, 2012

Effective Date: March 13, 2014

CHAPTER 85 PERMITS FOR STATIONARY SOURCES OF

POLLUTANTS SUBJECT TO REGULATION

PART III PREVENTION OF SIGNIFICANT DETERIORATION PERMIT 

ACTIONS

9VAC5-85-40 Prevention of Significant Deterioration Area permit actions

(modified)

9VAC5-85-50 Definitions (modified)

9VAC5-85-55 Actual plantwide applicability limits (PALs) (added)

TEMPLATES\SIP-REG\REG01

SIP\NONATTN PLANS\2014\H12-SIP-1.DOC
COMMONWEALTH OF VIRGINIA PAGE 1 of 19

STATE AIR POLLUTION CONTROL BOARD

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PERMITS FOR STATIONARY SOURCES OF

POLLUTANTS SUBJECT TO REGULATION.

PART III.

PREVENTION OF SIGNIFICANT DETERIORATION PERMIT ACTIONS.

9VAC5-85-40. Prevention of Significant Deterioration Area permit actions.

The requirements of Article 8 (9VAC5-80-1605 et seq.) of Part II of 9VAC5-80 

(Permits for Stationary Sources) shall apply, except that the with the following 

exceptions:

1. The terms defined shall have the meaning given to them in this part.

2. The board, at its discretion, may apply the provisions of 9VAC5-85-55 

in lieu of 9VAC5-80-1865 (Actuals plantwide applicability limits (PALs)).

9VAC5-85-50. Definitions.

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

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

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

in subsection C of this section.

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

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

or commonly ascribed to them by recognized authorities, in that order of priority.

C. Terms defined.

"Actuals PAL" means, (i) for major stationary sources, a PAL based on the 

baseline actual emissions of all emissions units at the source that emit or have the 

potential to emit the PAL pollutant; or (ii) for GHG-only sources, a PAL based on the 

baseline actual emissions of all emissions units at the source, that emit or have the 

potential to emit GHGs.

"Allowable emissions" means the emissions rate of a stationary source 

calculated using the maximum rated capacity of the source (unless the source is 

subject to federally enforceable limits that restrict the operating rate, or hours of

operation, or both) and the most stringent of the following:

1. The allowable emissions for any emissions unit as calculated 

considering any emission limitations that are enforceable as a practical matter on the 

emissions unit's potential to emit; or
COMMONWEALTH OF VIRGINIA PAGE 2 of 19

STATE AIR POLLUTION CONTROL BOARD

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2. An emissions unit's potential to emit.

"Baseline actual emissions for a GHG PAL" means the average rate, in 

tons per year CO2e or tons per year GHG, as applicable, at which the emissions unit 

actually emitted GHGs during any consecutive 24-month period selected by the owner 

within the 5-year period immediately preceding either the date the owner begins actual 

construction of the project, or the date a complete permit application is received by the 

board for a permit required under this part. For any existing electric utility steam 

generating unit, baseline actual emissions for a GHG PAL means the average rate, in 

tons per year CO2e or tons per year GHG, as applicable, at which the emissions unit 

actually emitted the GHGs during any consecutive 24-month period selected by the 

owner within the 5-year period immediately preceding the date the owner begins actual 

construction of the project. The board will allow the use of a different time period upon 

a determination that it is more representative of normal source operation.

1. The average rate shall include fugitive emissions to the extent 

quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

2. The average rate shall be adjusted downward to exclude any 

non-compliant emissions that occurred while the source was operating above an 

emission limitation that was legally enforceable during the consecutive 24-month 

period.

3. The average rate shall be adjusted downward to exclude any 

emissions that would have exceeded an emission limitation with which the stationary 

source shall currently comply, had such stationary source been required to comply with 

such limitations during the consecutive 24-month period.

4. The average rate shall not be based on any consecutive 24-

month period for which there is inadequate information for determining annual GHG 

emissions and for adjusting this amount if required by subdivisions 2 and 3 of this 

definition.

5. When a project involves multiple emissions units, only one 

consecutive 24-month period shall be used to determine the baseline actual emissions.

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

the potential to emit GHGs. For purposes of 9VAC5-85-55, there are two types of 

emissions units: (i) a new emissions unit is any emissions unit that is or will be newly 

constructed and that has existed for less than 2 years from the date such emissions 

unit first operated; and (ii) an existing emissions unit is any emissions unit that does not 

meet the definition of a new emissions unit.

"GHG-only source" means any existing stationary source that emits or has 
COMMONWEALTH OF VIRGINIA PAGE 3 of 19

STATE AIR POLLUTION CONTROL BOARD

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the potential to emit GHGs in the amount equal to or greater than the amount of GHGs 

on a mass basis that would be sufficient for a new source to trigger permitting 

requirements for GHGs under the definition of "major stationary source" and the 

amount of GHGs on a CO2e basis that would be sufficient for a new source to trigger 

permitting requirements for GHGs under the definition of "subject to regulation" at the 

time the PAL permit is being issued, but does not emit or have the potential to emit any 

other non-GHG regulated NSR pollutant at or above the applicable major source 

threshold. A GHG-only source may only obtain a PAL for GHG emissions under

9VAC5-85-55.

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

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

perfluorocarbons, and sulfur hexafluoride.

"Major emissions unit" means, (i) for any major stationary source obtaining 

a GHG PAL issued on a mass basis, a major emissions unit as defined in 9VAC5-80-

1615 C; or (ii) for a GHG PAL issued on a CO2e basis, any emissions unit that emits or 

has the potential to emit equal to or greater than the amount of GHGs on a CO2e basis 

that would be sufficient for a new source to trigger permitting requirements under the 

definition of "subject to regulation" at the time the PAL permit is being issued.

"Major stationary source" means a major stationary source defined in and 

subject to Article 8 (9VAC5-80-1605 et seq.) of 9VAC5-80 (Permits for Stationary 

Sources) and meets the definition of "subject to regulation."

"Minor source" means any stationary source that does not meet either (i)

the definition of "major stationary source" for any pollutant at the time the PAL is issued, 

or (ii) the definition of "subject to regulation."

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

expressed on a mass basis in tons per year, or expressed in tons per year CO2e for a 

CO2e-based GHG emission limitation, for a pollutant at a major stationary source or

GHG-only source, that is enforceable as a practical matter and established source-wide 

in accordance with 9VAC5-85-55.

"PAL effective date" generally means the date of issuance of the PAL 

permit. However, the PAL effective date for an increased PAL is the date any emissions 

unit that is part of the PAL major modification becomes operational and begins to emit 

the PAL pollutant.

"PAL effective period" means the period beginning with the PAL effective 

date and ending 5 years later.

"PAL major modification" means, notwithstanding the definitions for "major 
COMMONWEALTH OF VIRGINIA PAGE 4 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-85)

modification" and "net emissions increase" as defined in 9VAC5-80-1615 C, and the 

definition of "subject to regulation" of this section, any physical change in or change in 

the method of operation of the PAL source that causes it to emit the PAL pollutant at a 

level equal to or greater than the PAL.

"PAL permit" means the major NSR permit, the state operating permit, or 

the federal operating permit that establishes a PAL for a major stationary source or a 

GHG-only source.

"PAL pollutant" means the pollutant for which a PAL is established at a 

major stationary source or a GHG-only source. For a GHG-only source, the only 

available PAL pollutant is greenhouse gases.

"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 if the limitation or 

the effect it would have on emissions is federally enforceable or enforceable as a 

practical matter. Secondary emissions do not count in determining the potential to emit 

of a stationary source. For the purposes of actuals PALs, 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 the effect it would have on emissions is federally enforceable or 

enforceable as a practical matter by the state.

"Regulated NSR pollutant" means:

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

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

administrator (e.g., volatile organic compounds and NOX are precursors for ozone);

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

§ 111 of the federal Clean Air Act;

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

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

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

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

5. Notwithstanding subdivisions 1 through 4 of this definition, the 

term "regulated NSR pollutant" shall not include any or all hazardous air pollutants 
COMMONWEALTH OF VIRGINIA PAGE 5 of 19

STATE AIR POLLUTION CONTROL BOARD

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

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

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

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

federal Clean Air Act.

"Significant emissions unit" means, (i) for a GHG PAL issued on a mass 

basis, an emissions unit that emits or has the potential to emit a PAL pollutant in an 

amount that is equal to or greater than the significant level for that PAL pollutant, but 

less than the amount that would qualify the unit as a major emissions unit; or (ii) for a 

GHG PAL issued on a CO2e basis, any emissions unit that emits or has the potential to 

emit GHGs on a CO2e basis in amounts equal to or greater than the amount that would 

qualify the unit as small emissions unit, but less than the amount that would qualify the 

unit as a major emissions unit.

"Small emissions unit" means, (i) for a GHG PAL issued on a mass basis, 

an emissions unit that emits or has the potential to emit the PAL pollutant in an amount 

less than the significant level for that PAL pollutant, as defined in this section or in the 

federal Clean Air Act, whichever is lower; or (ii) for a GHG PAL issued on a CO2e basis, 

an emissions unit that emits or has the potential to emit less than the amount of GHGs 

on a CO2e basis defined as "significant" for the purposes of subdivision 3 of the 

definition of "subject to regulation" at the time the PAL permit is being issued.

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

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

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

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

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

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

exceptions shall apply:

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

subdivisions 4 and 5 of this definition and , and shall not be subject to regulation if the 

stationary source maintains its total source-wide emissions below the GHG PAL level, 

meets the requirements of 9VAC5-85-55, and complies with the PAL permit containing 

the GHG PAL. A GHG-only source with a valid CO2e-based GHG PAL shall be 

considered to be a minor source for GHG.

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

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

emitted, and shall be computed as follows:

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

of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global 
COMMONWEALTH OF VIRGINIA PAGE 6 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-85)

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

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

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

decomposition of nonfossilized and biodegradable organic material originating from 

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

waste from agriculture, forestry and related industries as well as the nonfossilized and 

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

liquids recovered from the decomposition of nonfossilized and biodegradable organic 

material).

b. Sum the resultant value from subdivision a of this 

subdivision for each gas to compute a tpy CO2e.

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

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

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

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

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

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

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

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

regulation if:

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

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

to emit 75,000 tpy CO2e or more; or

b. The stationary source is an existing major stationary

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

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

or more.

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

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

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

potential to emit 100,000 tpy CO2e; or

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

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

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

75,000 tpy CO2e or more.
COMMONWEALTH OF VIRGINIA PAGE 7 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-85)

9VAC5-85-55. Actual plantwide applicability limits (PALs).

A. The following applicability requirements shall apply.

1. The board may approve the use of an actuals PAL for GHGs on either 

a mass basis or a CO2e basis, for any existing major stationary source or any existing 

GHG-only source if the PAL meets the requirements of this section. The term "PAL" 

shall mean "actuals PAL" throughout this section.

2. Any physical change in or change in the method of operation of a major 

stationary source or a GHG-only source that maintains its total source-wide emissions 

below the PAL level, meets the requirements of this section, and complies with the PAL 

permit:

a. Is not a major modification for the PAL pollutant;

b. Does not have to be approved through Article 8 (9VAC5-80-1605 

et seq.) of Part II of 9VAC5-80 (Permits for Stationary Sources) or this part; and

c. Is not subject to the provisions of 9VAC5-80-1605 C (restrictions 

on relaxing enforceable emission limitations that the major stationary source used to 

avoid applicability of the major NSR program); and

d. Does not make GHGs subject to regulation.

3. Except as provided under subdivision 2 c of this subsection, a major 

stationary source or a GHG-only source shall continue to comply with all applicable 

federal or state requirements, emission limitations, and work practice requirements that 

were established prior to the effective date of the PAL.

B. As part of a permit application requesting a PAL, the owner of a major 

stationary source or a GHG-only source shall submit the following information to the 

board for approval:

1. A list of all emissions units at the source designated as small, 

significant or major based on their potential to emit. In addition, the owner of the source 

shall indicate which, if any, federal or state applicable requirements, emission 

limitations, or work practices apply to each unit.

2. Calculations of the baseline actual emissions (with supporting 

documentation). Baseline actual emissions are to include emissions associated not only 

with operation of the unit, but also emissions associated with startup, shutdown, and 

malfunction.
COMMONWEALTH OF VIRGINIA PAGE 8 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-85)

3. The calculation procedures that the owner proposes to use to convert 

the monitoring system data to monthly emissions and annual emissions based on a 12-

month rolling total for each month as required by subdivision M 1 of this section.

4. As part of a permit application requesting a GHG PAL, the owner of a 

major stationary source or a GHG-only source shall submit a statement by the owner 

that clarifies whether the source is an existing major source as defined in the definition 

of "major stationary source," or a GHG-only source.

C. The board may establish a PAL at a major stationary source or a GHG-only 

source, provided that at a minimum, the following requirements are met. At no time 

during or after the PAL effective period are emissions reductions of a PAL pollutant that 

occur during the PAL effective period creditable as decreases for purposes of offsets 

under 9VAC5-80-2120 F through L unless the level of the PAL is reduced by the 

amount of such emissions reductions and such reductions would be creditable in the 

absence of the PAL.

1. The PAL shall impose an annual emission limitation expressed 

on a mass basis in tons per year, or expressed in tons per year CO2e, that is 

enforceable as a practical matter, for the entire major stationary source or GHG-only 

source. For each month during the PAL effective period after the first 12 months of 

establishing a PAL, the major stationary source or GHG-only source owner shall show 

that the sum of the monthly emissions from each emissions unit under the PAL for the 

previous 12 consecutive months is less than the PAL (a 12-month average, rolled 

monthly). For each month during the first 11 months from the PAL effective date, the 

major stationary source or GHG-only source owner shall show that the sum of the 

preceding monthly emissions from the PAL effective date for each emissions unit under 

the PAL is less than the PAL.

2. The PAL shall be established in a PAL permit that meets the 

public participation requirements in subsection D of this section.

3. The PAL permit shall contain all the requirements of subsection 

F of this section.

4. The PAL shall include fugitive emissions, to the extent 

quantifiable, from all emissions units that emit or have the potential to emit the PAL 

pollutant at the major stationary source or GHG-only source.

5. Each PAL shall regulate emissions of only one pollutant.

6. Each PAL shall have a PAL effective period of 5 years.

7. The owner of the major stationary source or GHG-only source 
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with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements 

provided in subsections L through N of this section for each emissions unit under the 

PAL through the PAL effective period.

D. PALs for existing major stationary sources or GHG-only sources shall be 

established, renewed, or increased through the public participation procedures

prescribed in the applicable permit programs identified in the definition of "PAL permit."

This includes the requirement that the board provide the public with notice of the 

proposed approval of a PAL permit and at least a 30-day period for submittal of public 

comment. The board will address all material comments before taking final action on 

the permit.

E. Setting the 5-year actuals PAL level shall be accomplished as follows.

1. Except as provided in subdivisions 2 and 3 of this subsection, the 

actuals PAL level on a mass basis for a major stationary source or a GHG-only source 

shall be established as the sum of the baseline actual emissions of the PAL pollutant 

for each emissions unit at the source; plus an amount equal to the applicable significant 

level for the PAL pollutant under the definition of "significant" in 9VAC5-80-1615.

2. For newly constructed units (that do not include modifications to 

existing units) on which actual construction began after the 24-month period, in lieu of 

adding the baseline actual emissions as specified in subdivision 1 of this subsection, 

the emissions shall be added to the PAL level in an amount equal to the potential to 

emit of the units.

3. For a CO2e based GHG PAL, the actuals PAL level shall be established 

as the sum of the GHGs baseline actual emissions of GHGs for each emissions unit at 

the source, plus an amount equal to the amount defined as significant on a CO2e basis 

for the purposes of subdivision 3 of the definition of "subject to regulation" at the time 

the PAL permit is being issued. When establishing the actuals PAL level for a CO2ebased PAL, only one consecutive 24-month period shall be used to determine the 

baseline actual emissions for all existing emissions units. Emissions associated with 

units that were permanently shut down after this 24-month period shall be subtracted 

from the PAL level. The board will specify a reduced PAL level (in tons per year CO2e) 

in the PAL permit to become effective on the future compliance date of any applicable 

federal or state regulatory requirement that the board is aware of prior to issuance of 

the PAL permit.

F. The PAL permit shall contain, at a minimum, the following information.

1. The PAL pollutant and the applicable source-wide emission limitation in 

tons per year CO2e.
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2. The PAL permit effective date and the expiration date of the PAL (PAL 

effective period).

3. Specification in the PAL permit that if a major stationary source or a

GHG-only source owner applies to renew a PAL in accordance with subsection J of this 

section before the end of the PAL effective period, then the PAL shall not expire at the 

end of the PAL effective period. It shall remain in effect until a revised PAL permit is 

issued by the board.

4. A requirement that emission calculations for compliance purposes shall

include emissions from startups, shutdowns, and malfunctions.

5. A requirement that, once the PAL expires, the major stationary source 

or GHG-only source is subject to the requirements of subdivision I of this section.

6. The calculation procedures that the major stationary source or GHGonly source owner shall use to convert the monitoring system data to monthly 

emissions and annual emissions based on a 12-month rolling total as required by

subdivision M 1 of this section.

7. A requirement that the major stationary source or GHG-only source 

owner shall monitor all emissions units in accordance with the provisions under

subsection L of this section.

8. A requirement to retain the records required under subsection M of this 

section on site. Such records may be retained in an electronic format.

9. A requirement to submit the reports required under subsection N of this 

section by the required deadlines.

10. Any other requirements that the board deems necessary to implement 

and enforce the PAL.

11. A permit for a GHG PAL issued to a GHG-only source shall also 

include a statement denoting that GHG emissions at the source will not be subject to 

regulation as long as the source complies with the PAL.

G. The PAL effective period shall be 5 years.

H. The following requirements for reopening the PAL permit shall apply.

1. During the PAL effective period, the board will reopen the PAL permit 

to:
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a. Correct typographical or calculation errors made in setting the 

PAL or reflect a more accurate determination of emissions used to establish the PAL;

b. Reduce the PAL if the owner creates creditable emissions 

reductions for use as offsets under 9VAC5-80-2120 F through N; and

c. Revise the PAL to reflect an increase in the PAL as provided 

under subsection K of this section.

2. The board may reopen the PAL permit for the following reasons:

a. Reduce the PAL to reflect newly applicable federal requirements 

(for example, NSPS) with compliance dates after the PAL effective date; and

b. Reduce the PAL consistent with any other requirement, that is 

enforceable as a practical matter, and that the board may impose on the major 

stationary source or GHG-only source.

3. Except for the permit reopening in subdivision 1 a of this subsection for 

the correction of typographical or calculation errors that do not increase the PAL level, 

all other reopenings shall be carried out in accordance with the public participation 

requirements of subsection D of this section.

I. Any PAL that is not renewed in accordance with the procedures in subsection J

of this section shall expire at the end of the PAL effective period, and the following 

requirements shall apply.

1. Each emissions unit or each group of emissions units that existed 

under the PAL shall comply with an allowable emission limitation under a revised permit 

established according to the following procedures.

a. Within the time frame specified for PAL renewals in subdivision J

2 of this section, the major stationary source or GHG-only source shall submit a 

proposed allowable emission limitation for each emissions unit (or each group of 

emissions units, if such a distribution is more appropriate as decided by the board) by 

distributing the PAL allowable emissions for the major stationary source or GHG-only

source among each of the emissions units that existed under the PAL. If the PAL had 

not yet been adjusted for an applicable requirement that became effective during the 

PAL effective period, as required under subdivision J 5 of this section, such distribution 

shall be made as if the PAL had been adjusted.

b. The board will decide whether and how the PAL allowable 

emissions will be distributed and issue a revised permit incorporating allowable limits for 

each emissions unit, or each group of emissions units, as the board determines is 
COMMONWEALTH OF VIRGINIA PAGE 12 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-85)

appropriate.

2. Each emissions unit shall comply with the allowable emission limitation 

on a 12-month rolling basis. The board may approve the use of monitoring systems 

(source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to 

demonstrate compliance with the allowable emission limitation.

3. Until the board issues the revised permit incorporating allowable limits 

for each emissions unit, or each group of emissions units, as required under subdivision 

1 b of this subsection, the source shall continue to comply with a source-wide, multi-unit 

emissions cap equivalent to the level of the PAL emission limitation.

4. Any physical change or change in the method of operation at the major 

stationary source or GHG-only source shall be subject to major NSR requirements if 

such change meets the definition of "major modification" in 9VAC5-80-1615 C.

5. The major stationary source or GHG-only source owner shall continue 

to comply with any state or federal applicable requirements (such as BACT, RACT, 

NSPS) that may have applied either during the PAL effective period or prior to the PAL 

effective period except for those emission limitations that had been established 

pursuant to 9VAC5-80-1605 C, but were eliminated by the PAL in accordance with the 

provisions in subdivision A 2 c of this section.

J. PALs shall be renewed as follows.

1. The board will follow the procedures specified in subsection D of this 

section in approving any request to renew a PAL for a major stationary source or a

GHG-only source, and will provide both the proposed PAL level and a written rationale 

for the proposed PAL level to the public for review and comment. During such public 

review, any person may propose a PAL level for the source for consideration by the 

board.

2. A major stationary source or a GHG-only source owner shall submit a 

timely application to the board to request renewal of a PAL. A timely application is one 

that is submitted at least 6 months prior to, but not earlier than 18 months from, the 

date of permit expiration. This deadline for application submittal is to ensure that the 

permit will not expire before the permit is renewed. If the owner of a major stationary 

source or a GHG-only source submits a complete application to renew the PAL within 

this time period, then the PAL shall continue to be effective until the revised permit with 

the renewed PAL is issued.

3. The application to renew a PAL permit shall contain the following 

information.
COMMONWEALTH OF VIRGINIA PAGE 13 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-85)

a. The information required in subdivisions B 1 through 3 of this 

section.

b. A proposed PAL level.

c. The sum of the potential to emit of all emissions units under the 

PAL (with supporting documentation).

d. Any other information the owner wishes the board to consider in 

determining the appropriate level for renewing the PAL.

4. In determining whether and how to adjust the PAL, the board will

consider the following options; however, in no case may any such adjustment fail to 

comply with subdivision c of this subdivision.

a. If the emissions level calculated in accordance with subsection E

of this section is equal to or greater than 80% of the PAL level, the board may renew 

the PAL at the same level without considering the factors set forth in subdivision b of 

this subdivision; or

b. The board may set the PAL at a level that it determines to be 

more representative of the source's baseline actual emissions, or that it determines to 

be more appropriate considering air quality needs, advances in control technology, 

anticipated economic growth in the area, desire to reward or encourage the source's 

voluntary emissions reductions, or other factors as specifically identified by the board in 

its written rationale.

c. Notwithstanding subdivisions a and b of this subdivision: (i) If the 

potential to emit of the major stationary source or GHG-only source is less than the 

PAL, the board will adjust the PAL to a level no greater than the potential to emit of the 

source; and (ii) the board will not approve a renewed PAL level higher than the current 

PAL, unless the major stationary source or GHG-only source has complied with the 

provisions of subsection J of this section.

5. If the compliance date for a state or federal requirement that applies to 

the PAL source occurs during the PAL effective period, and if the board has not already 

adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit 

renewal or federal operating permit renewal, whichever occurs first.

K. A PAL may be increased during the PAL effective period as follows.

1. The board may increase a PAL emission limitation only if the major 

stationary source or GHG-only source complies with the following provisions.
COMMONWEALTH OF VIRGINIA PAGE 14 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-85)

a. The owner of the major stationary source or GHG-only source 

shall submit a complete application to request an increase in the PAL limit for a PAL 

major modification. Such application shall identify the emissions units contributing to the 

increase in emissions so as to cause the GHG-only source's emissions to equal or 

exceed its PAL.

b. As part of this application, the major stationary source or GHGonly source owner shall demonstrate that the sum of the baseline actual emissions of 

the small emissions units, plus the sum of the baseline actual emissions of the 

significant and major emissions units assuming application of BACT equivalent controls,

plus the sum of the allowable emissions of the new or modified emissions units 

exceeds the PAL. The level of control that would result from BACT equivalent controls 

on each significant or major emissions unit shall be determined by conducting a new

BACT analysis at the time the application is submitted, unless the emissions unit is 

currently required to comply with a BACT or LAER requirement that was established 

within the preceding 10 years. In such a case, the assumed control level for that 

emissions unit shall be equal to the level of BACT or LAER with which that emissions 

unit shall currently comply.

c. The owner obtains a major NSR permit for all emissions units 

identified in subdivision a of this subdivision, regardless of the magnitude of the 

emissions increase resulting from them (that is, no significant levels apply). These 

emissions units shall comply with any emissions requirements resulting from the major 

NSR process (for example, BACT), even though they have also become subject to the

PAL or continue to be subject to the PAL.

2. The PAL permit shall require that the increased PAL level shall be 

effective on the day any emissions unit that is part of the PAL major modification 

becomes operational and begins to emit the PAL pollutant.

3. The board will calculate the new PAL as the sum of the allowable 

emissions for each modified or new emissions unit, plus the sum of the baseline actual 

emissions of the significant and major emissions units (assuming application of BACT 

equivalent controls as determined in accordance with subdivision 1 b of this 

subsection), plus the sum of the baseline actual emissions of the small emissions units.

4. The PAL permit shall be revised to reflect the increased PAL level 

pursuant to the public notice requirements of subsection D of this section.

L. Monitoring requirements for PALs shall be as follows.

1. The following general requirements apply.

a. Each PAL permit shall contain enforceable requirements for the 
COMMONWEALTH OF VIRGINIA PAGE 15 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-85)

monitoring system that accurately determines plantwide emissions of the PAL pollutant 

in terms of CO2e per unit of time. Any monitoring system authorized for use in the PAL 

permit shall be based on sound science and meet generally acceptable scientific 

procedures for data quality and manipulation. Additionally, the information generated by 

such system shall meet minimum legal requirements for admissibility in a judicial 

proceeding to enforce the PAL permit.

b. The PAL monitoring system shall employ one or more of the four 

general monitoring approaches meeting the minimum requirements set forth in

subdivision 2 of this subsection and shall be approved by the board.

c. Notwithstanding subdivision b of this subdivision, the owner may 

also employ an alternative monitoring approach that meets subdivision a of this 

subdivision if approved by the board.

d. Failure to use a monitoring system that meets the requirements 

of this subsection renders the PAL invalid.

2. The following are acceptable general monitoring approaches when 

conducted in accordance with the following minimum requirements:

a. Mass balance calculations for activities using coatings or 

solvents;

b. CEMS;

c. CPMS or PEMS; and

d. Emission factors.

3. An owner using mass balance calculations to monitor PAL pollutant 

emissions from activities using coating or solvents shall meet the following 

requirements:

a. Provide a demonstrated means of validating the published 

content of the PAL pollutant that is contained in or created by all materials used in or at 

the emissions unit;

b. Assume that the emissions unit emits all of the PAL pollutant 

that is contained in or created by any raw material or fuel used in or at the emissions 

unit, if it cannot otherwise be accounted for in the process; and

c. Where the vendor of a material or fuel, which is used in or at the 

emissions unit, publishes a range of pollutant content from such material, the owner 
COMMONWEALTH OF VIRGINIA PAGE 16 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-85)

shall use the highest value of the range to calculate the PAL pollutant emissions unless 

the board determines there is site-specific data or a site-specific monitoring program to 

support another content within the range.

4. An owner using CEMS to monitor PAL pollutant emissions shall meet 

the following requirements:

a. CEMS shall comply with applicable Performance Specifications 

found in Appendix B to 40 CFR Part 60; and

b. CEMS shall sample, analyze and record data at least every 15 

minutes while the emissions unit is operating.

5. An owner using CPMS or PEMS to monitor PAL pollutant emissions 

shall meet the following requirements:

a. The CPMS or the PEMS shall be based on current site-specific 

data demonstrating a correlation between the monitored parameters and the PAL 

pollutant emissions across the range of operation of the emissions unit; and

b. Each CPMS or PEMS shall sample, analyze, and record data at 

least every 15 minutes, or at another less frequent interval approved by the board, while 

the emissions unit is operating.

6. An owner using emission factors to monitor PAL pollutant emissions 

shall meet the following requirements:

a. All emission factors shall be adjusted, if appropriate, to account 

for the degree of uncertainty or limitations in the factors' development;

b. The emissions unit shall operate within the designated range of 

use for the emission factor, if applicable; and

c. If technically practicable, the owner of a significant emissions 

unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct 

validation testing to determine a site-specific emission factor within 6 months of PAL 

permit issuance, unless the board determines that testing is not required.

7. A source owner shall record and report maximum potential emissions 

without considering enforceable emission limitations or operational restrictions for an 

emissions unit during any period of time that there is no monitoring data, unless another 

method for determining emissions during such periods is specified in the PAL permit.

8. Notwithstanding the requirements in subdivisions 3 through 7 of this 
COMMONWEALTH OF VIRGINIA PAGE 17 of 19

STATE AIR POLLUTION CONTROL BOARD

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subsection, where an owner of an emissions unit cannot demonstrate a correlation 

between the monitored parameters and the PAL pollutant emissions rate at all 

operating points of the emissions unit, the board will, at the time of permit issuance:

a. Establish default values for determining compliance with the PAL 

based on the highest potential emissions reasonably estimated at such operating 

points; or

b. Determine that operation of the emissions unit during operating 

conditions when there is no correlation between monitored parameters and the PAL 

pollutant emissions is a violation of the PAL.

9. All data used to establish the PAL pollutant shall be re-validated 

through performance testing or other scientifically valid means approved by the board. 

Such testing shall occur at least once every 5 years after issuance of the PAL.

M. Recordkeeping requirements shall be as follows.

1. The PAL permit shall require the owner to retain a copy of all records 

necessary to determine compliance with any requirement of this section and of the 

PAL, including a determination of each emissions unit's 12-month rolling total 

emissions, for 5 years from the date of such record.

2. The PAL permit shall require the owner to retain a copy of the following 

records for the duration of the PAL effective period plus 5 years:

a. A copy of the PAL permit application and any applications for revisions 

to the PAL; and

b. Each annual certification of compliance pursuant to the federal 

operating permit program and the data relied on in certifying the compliance.

N. The owner shall submit semi-annual monitoring reports and prompt deviation 

reports to the board in accordance with the federal operating permit program. The 

reports shall meet the following requirements.

1. The semi-annual report shall be submitted to the board within 30 days 

of the end of each reporting period. This report shall contain the following information.

a. The identification of owner and the permit number.

b. Total annual emissions (expressed on a mass-basis in tons per 

year, or expressed in tons per year CO2e) based on a 12-month rolling total for each 

month in the reporting period recorded pursuant to subdivision M 1 of this section.
COMMONWEALTH OF VIRGINIA PAGE 18 of 19

STATE AIR POLLUTION CONTROL BOARD

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c. All data relied upon, including, but not limited to, any Quality 

Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant 

emissions.

d. A list of any emissions units modified or added to the major 

stationary source or GHG-only source during the preceding 6-month period.

e. The number, duration, and cause of any deviations or monitoring 

malfunctions (other than the time associated with zero and span calibration checks), 

and any corrective action taken.

f. A notification of a shutdown of any monitoring system, whether 

the shutdown was permanent or temporary, the reason for the shutdown, the 

anticipated date that the monitoring system will be fully operational or replaced with 

another monitoring system, and whether the emissions unit monitored by the monitoring 

system continued to operate, and the calculation of the emissions of the pollutant or the 

number determined by method included in the permit, as provided by subdivision L 7 of 

this section.

g. A signed statement by the responsible official (as defined by the 

federal operating permit program) certifying the truth, accuracy, and completeness of 

the information provided in the report.

2. The major stationary source or GHG-only source owner shall promptly 

submit reports of any deviations or exceedance of the PAL requirements, including 

periods where no monitoring is available. A report submitted pursuant to 9VAC5-80-110 

F 2 b shall satisfy this reporting requirement. The deviation reports shall be submitted 

within the time limits prescribed by the applicable program implementing 9VAC5-80-110 

F 2 b. The reports shall contain the following information:

a. The identification of owner and the permit number;

b. The PAL requirement that experienced the deviation or that was 

exceeded;

c. Emissions resulting from the deviation or the exceedance; and

d. A signed statement by the responsible official (as defined by the 

federal operating permit program) certifying the truth, accuracy, and completeness of 

the information provided in the report.

3. The owner shall submit to the board the results of any re-validation test 

or method within 3 months after completion of such test or method.
COMMONWEALTH OF VIRGINIA PAGE 19 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-85)

O. The board will not issue a PAL that does not comply with the requirements of 

this part after #[effective date]. The board may supersede any PAL that was established 

prior to #[effective date] with a PAL that complies with the requirements of this section.

REG\DEV\H12-REG-FIN
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 April 2 to May 7, 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 April 7, 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 January 27, 

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

30, 2012, certified by the Office of the Attorney General as within the board’s statutory 

authority on December 6, 2012 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 

December 30, 2013, 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 13, 2014.

SIP\NONATTN PLANS\2014\G12-SIP-2.DOC
GENERAL NOTICES/ERRATA

Volume 30, Issue 16 Virginia Register of Regulations April 7, 2014

2252

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan - Revision H12

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 Permits for Stationary Sources of Pollutants 

Subject to Regulation, 9VAC5-85 (Revision H12) regarding 

greenhouse gas plantwide applicability limits.

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

whether the regulation amendments should be submitted as 

revisions to the plan.

Public comment period: April 7, 2014, to May 7, 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: On July 12, 2012, EPA promulgated 

final amendments to its regulations for permitting of 

greenhouse gases (GHGs) (see 77 FR 41051). The purpose of 

these amendments is to provide for better implementation of 

the federal program for establishing plantwide applicability 

limits (PALs) for GHG emissions. A PAL establishes a sitespecific plantwide emission level for a pollutant that allows 

the source to make changes at the facility without triggering 

the requirements of the prevention of significant deterioration 

(PSD) program. Such PALs are already available under PSD 

for non-GHG pollutants and for GHGs on a mass basis, and 

EPA has revised the PAL regulations to allow for GHG PALs 

to be established on a carbon dioxide equivalent (CO2e) 

emissions basis as well. EPA also revised its regulations to 

allow a GHG-only source to submit an application for a 

CO2e-based GHG PAL while also maintaining its minor 

source status. Because these actions could streamline PSD 

permitting, it would be beneficial to implement them in 

Virginia.

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations (40 

CFR 51.102). 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 Commonwealth of Virginia 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 proposal: The proposal and any supporting 

documents are available on the DEQ Air Public Notices for 

Plans website at 

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. 
Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1440

Virginia Phosphorus Index Version 2.0 Technical Guide, 

Revised October 2005, Virginia Tech 

VA.R. Doc. No. R14-3854; Filed January 2, 2014, 5:34 p.m. 

 –––––––––––––––––– 

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Fast-Track Regulation

Title of Regulation: 9VAC5-85. Permits for Stationary 

Sources of Pollutants Subject to Regulation (Rev. H-12)

(amending 9VAC5-85-40, 9VAC5-85-50; adding 9VAC5-

85-55). 

Statutory Authority: § 10.1-1308 of the Code of Virginia.

Public Hearing Information: No public hearings are 

scheduled.

Public Comment Deadline: February 26, 2014.

Effective Date: March 13, 2014. 

Agency Contact: 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, TTY (804) 698-4021, or email 

karen.sabasteanski@deq.virginia.gov.

Basis: Section 10.1-1308 of the Virginia Air Pollution 

Control Law (§ 10.1-1300 et seq. of the Code of Virginia) 

authorizes the State Air Pollution Control Board to 

promulgate regulations abating, controlling, and prohibiting 

air pollution in order 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 110(a) of the federal Clean Air 

Act mandates that each state adopt and submit to the 

Environmental Protection Agency (EPA) a state 

implementation plan (SIP) 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 SIP is adopted only 

after reasonable public notice is given and public hearings are 

held. The SIP must include provisions to establish, among 

other tasks, programs for the regulation of the modification 

and construction of any stationary source within areas 

covered by the plan to assure the achievement of the ambient 

air quality standards, including a permit program as required 

by Part C of Title I of the Act.

The purpose of Part C, "Prevention of Significant 

Deterioration of Air Quality," is to protect existing clean air 

resources. Part C requires that the SIP include a prevention of 

significant deterioration (PSD) program. That is, in areas that 

are meeting the national ambient air quality standards 

(NAAQS) (attainment), as well as in national parks and other 

protected areas, the air quality may not deteriorate. 

Sections 162 through 169B provide the details of how each 

state's PSD program is to be designed and operated. Section 

165, "Preconstruction Requirements," is the section of the Act 

that deals with new source review (NSR) permit programs. 

This section requires that sources obtain permits 

demonstrating that they will not contribute to air pollution in 

excess of that allowed by the Act. Section 165 specifies that 

new sources locating in attainment areas must meet best 

available control technology (BACT), which is defined in 

§ 169.

40 CFR 51.166 contains the requirements for SIP-approved 

state PSD programs, while 40 CFR 52.21 contains the 

requirements for the issuance of PSD permits pursuant to 

federal authority. Permitting for sources of greenhouse gases 

is covered under 40 CFR 51.166 and 40 CFR 52.21 primarily 

through the definition of "subject to regulation." 

Virginia is a SIP-approved state for PSD, and therefore has 

the authority to directly implement federal PSD regulations as 

long as its rules are at least as protective as the federal rules 

of 40 CFR 51.166. In its action of July 12, 2012, EPA revised 

the provisions relating to PALs at 40 CFR 52.21(aa) and 

provisions relating to the definition of "subject to regulation" 

at 40 CFR 52.21(b)(49). These provisions only affect permits 

issued under federal authority (i.e., those issued by the EPA 

or a delegated state agency). By amending 40 CFR 52.21 and 

not 40 CFR 51.166, EPA did not intend to affect existing 

state authority to issue PAL permits and did not require 

permitting authorities to take any action with respect to their 

existing PAL regulations or any existing PAL permits. 

Therefore, these revisions are not minimum program 

requirements that must be adopted by states into their EPAapproved SIP PSD permitting programs. Accordingly, EPA's 

final rule does not adopt these changes into the existing PAL 

provisions contained in 40 CFR 51.166, but states may adopt 

these changes into their SIP-approved PAL program if they 

so choose.

State Requirements. These specific amendments are not 

required by state mandate. Rather, Virginia's Air Pollution 

Control Law gives the State Air Pollution Control Board the 

discretionary authority to promulgate regulations "abating, 

controlling and prohibiting air pollution throughout or in any 

part of the Commonwealth" (§ 10.1-1308 A of the Code of 

Virginia). Section 10.1-1300 of Code of Virginia defines such 

air pollution as "the presence in the outdoor atmosphere of 

one or more substances which are or may be harmful or 

injurious to human health, welfare or safety, to animal or 

plant life, or to property, or which unreasonably interfere with 

the enjoyment by the people or life or property."

Purpose: The regulation and the proposed amendments are 

intended to achieve the following goals:
Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1441

1. To protect public health and welfare with the least 

possible cost and intrusiveness to the citizens and 

businesses of the Commonwealth.

2. To prevent the construction, modification, or operation 

of major facilities that will prevent or interfere with the 

attainment or maintenance of any ambient air quality 

standard.

3. To ensure that major new facilities or major 

expansions to existing facilities will be designed, built, 

and equipped to operate without causing or exacerbating 

a violation of any ambient air quality standard.

4. To ensure that major new facilities or major 

expansions to existing facilities will be designed, built, 

and equipped to comply with case-by-case control 

technology determinations and other requirements.

5. To ensure that there is no significant deterioration of 

air quality in Virginia's national parks and throughout the 

Commonwealth.

The PSD program is designed to protect air quality in areas 

where the air is cleaner than required by the NAAQS. PSD's 

primary control strategy is new source review. Prior to 

construction or expansion of an industrial facility, a permit 

must be issued that ensures that the facility will not emit 

pollutants in sufficient quantity to make a significant 

contribution to the deterioration of air quality or to violate the 

NAAQS. The permit application and the department review 

and analysis must be subject to a public hearing prior to 

issuing the permit. The facility must use BACT to control 

emissions.

On January 2, 2011, greenhouse gases (GHGs) became 

"regulated air pollutants" and thus subject to NSR permitting 

under the "Tailoring Rule." The Tailoring Rule was necessary 

because the federal Clean Air Act applicability requirements 

that determine which sources are subject to permitting are 

based on annual potential emission rates of 100 or 250 tons 

per year (tpy). Implementing these requirements for GHGemitting sources immediately after they became subject to 

PSD requirements would have overwhelmed the capabilities 

of state permitting authorities to issue permits, and as a result, 

would have impeded the ability of sources to construct, 

modify or operate.

The Tailoring Rule initially established two steps to 

implement PSD. Tailoring Rule Step 1 began on January 2, 

2011, and applies to sources subject to PSD due to their 

emissions of other pollutants ("anyway" sources) and that had 

the potential to emit 75,000 tpy CO2e (or increase emissions 

by that amount for modifications). Tailoring Rule Step 2 

began on July 1, 2011. In addition to anyway sources, Step 2 

applies to new facilities emitting GHGs in excess of 100,000 

tpy CO2e and facilities making changes that would increase 

GHG emissions by at least 75,000 tpy CO2e, and that also 

exceed 100/250 tpy of GHGs on a mass basis.

In the latest rulemaking, Step 3, EPA has continued to 

identify and evaluate approaches to enable permitting 

authorities to permit more GHG-emitting sources without 

undue burden. EPA finalized a streamlining measure that 

would revise the existing PAL permitting program to allow 

permitting authorities to issue GHG PALs on either a mass 

basis (tpy) or a CO2e basis, including the option to use the 

CO2e-based increases provided in the subject to regulation 

thresholds in setting the PAL, and to allow such PALs to be 

used as an alternative approach for determining whether a 

project is a major modification and whether GHG emissions 

are subject to regulation. EPA also finalized the "minor 

source approach," which allows permitting authorities to issue 

GHG PALs to GHG-only sources without requiring the 

source to undertake an action that would make GHGs subject 

to regulation and bring the source into major stationary source 

status under the Tailoring Rule. Thus, Step 3 of the Tailoring 

Rule enables GHG-only sources to obtain a GHG PAL and 

remain a minor source as long as their GHG emissions remain 

below the PAL.

Adopting Step 3 of the federal GHG rules will streamline the 

administration of Virginia's GHG PSD permitting program by 

providing sources with a voluntary alternative approach for 

controlling GHGs such that sources and the department can 

address GHGs one time for a source rather than undergo 

repeated subsequent permitting actions over a five-year 

period.

Rationale for Using Fast-Track Process: EPA revised its 

regulations to streamline PSD permitting programs by 

allowing sources and the reviewing authority to voluntarily 

address GHGs one time for a source and avoid repeated 

subsequent permitting actions. It is in the best interests of the 

regulated community, the department, and the public to have 

permitting functions operate as cost-effectively and 

efficiently as possible, and that encourage processes that 

minimize harmful air pollution. If a GHG PAL would enable 

a facility to better manage its GHG emissions, then the 

department should provide the tools needed for them to avail 

themselves of the process.

Substance: Provisions have been added to enable GHG PALs 

to be established on a mass or a CO2e emissions basis, and to 

allow a GHG-only source to submit an application for a 

CO2e-based GHG PAL while maintaining its minor source 

status.

Issues: The primary advantage to the public is more efficient 

permitting, which is cost-effective, enables the better 

provision of services, and may contribute to air quality 

benefits. The primary advantage to the department is more 

efficient permitting, which is cost-effective, enables the better 

provision of services, and may contribute to air quality 

benefits. There are no disadvantages to the public or the 

department.
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Department of Planning and Budget's Economic Impact 

Analysis: 

Summary of the Proposed Amendments to Regulation. The 

U.S. Environmental Protection Agency recently promulgated 

final amendments that would provide for a more streamlined 

implementation of the federal program for establishing plantwide applicability limits (PALs) for greenhouse gases 

(GHGs) emissions. Consequently, the Air Pollution Control 

Board proposes to amend these regulations so as to streamline 

prevention of significant deterioration (PSD) permitting 

programs by allowing sources and the reviewing authority to 

voluntarily address GHGs one time for a source and avoid 

repeated subsequent permitting actions.

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

proposed changes.

Estimated Economic Impact. Since a PAL provides extensive 

operational flexibility, sources will not have to spend money 

on obtaining permit modifications (about $7,000 per permit 

amendment) for the PAL duration. Such cost savings will 

depend on how frequently the source modifies its processes. 

In turn, the Department of Environmental Quality will not 

have to process many permit modifications, and may focus its 

efforts on other facilities with a greater impact on the 

environment. Avoiding PSD review also allows sources to 

make the changes necessary to respond rapidly to market 

conditions, while generally assuring the environment is 

protected from adverse impacts from the change.

A PAL also results in significant environmental benefit by 

providing the community with an understanding of the longterm emissions impact from a facility, by preventing 

"emissions creep," and by requiring enhanced monitoring, 

recordkeeping and reporting provisions to demonstrate 

compliance with the PAL. In order to operate within the PAL 

emissions limit and maintain its PAL status, a facility is likely 

to look for ways to improve its operations, thus likely 

resulting in reduction of GHGs. Public health and welfare 

may thus benefit from the more efficient and effective 

management of GHG emissions. 

Businesses and Entities Affected. Entities potentially affected 

by the proposed amendments include electricity generators, 

paper manufacturers, and landfills. In Virginia, there are 

approximately 57 sources with estimated CO2 emissions over 

100,000 tons per year. Since PALs are optional, sources may 

or may not opt to apply for a PAL permit.

Localities Particularly Affected. The proposed amendment of 

this regulation does not disproportionately affect any 

particular localities.

Projected Impact on Employment. The proposed amendments 

will reduce costs ($7,000) for entities such as some electricity 

generators, paper manufacturers, and landfills which without 

the amendments may have needed to have obtained permit 

modifications. The reduced cost might have a small positive 

impact on employment.

Effects on the Use and Value of Private Property. The 

proposed amendments will reduce costs ($7,000) for entities 

such as some electricity generators, paper manufacturers, and 

landfills which without the amendments may have needed to 

have obtained permit modifications.

Small Businesses: Costs and Other Effects. The proposed 

amendment of this regulation will not increase costs for small 

businesses.

Small Businesses: Alternative Method that Minimizes 

Adverse Impact. The proposed repeal of this regulation does 

not adversely affect small businesses.

Real Estate Development Costs. The proposed amendments 

will not affect new real estate development, but may reduce 

some costs (through not requiring additional permitting) with 

changes at existing development.

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 14 

(10). 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.

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 amendments (i) enable greenhouse gas (GHG) 

plantwide applicability limits (PALs) to be established on a 

mass or a carbon dioxide equivalent (CO2e) emissions 

basis, (ii) allow a GHG-only source to submit an 

application for a CO2e-based GHG PAL while maintaining 

its minor source status, and (iii) add new definitions and 

revise several existing ones. 
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Part III

Prevention of Significant Deterioration Permit Actions

9VAC5-85-40. Prevention of significant deterioration area 

permit actions.

The requirements of Article 8 (9VAC5-80-1605 et seq.) of 

Part II of 9VAC5-80 shall apply, except that the with the 

following exceptions:

1. The terms defined shall have the meaning given to them 

in this part.

2. The board, at its discretion, may apply the provisions of 

9VAC5-85-55 in lieu of 9VAC5-80-1865 (Actuals 

plantwide applicability limits (PALs)).

9VAC5-85-50. Definitions.

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

Regulations for the Control and Abatement of Air Pollution 

and related uses, the words or terms shall have the meanings 

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

terms defined in subsection C of this section.

B. Unless otherwise required by context, all terms not 

defined herein shall have the meanings given them in 

9VAC5-10 (General Definitions) or 9VAC5-80-5 

(Definitions), or commonly ascribed to them by recognized 

authorities, in that order of priority.

C. Terms defined.

"Actuals PAL" means (i) for major stationary sources, a 

PAL based on the baseline actual emissions of all emissions 

units at the source that emit or have the potential to emit the 

PAL pollutant or (ii) for GHG-only sources, a PAL based on 

the baseline actual emissions of all emissions units at the 

source, that emit or have the potential to emit GHGs.

"Allowable emissions" means the emissions rate of a 

stationary source calculated using the maximum rated 

capacity of the source (unless the source is subject to 

federally enforceable limits that restrict the operating rate or 

hours of operation, or both) and the most stringent of the 

following:

1. The allowable emissions for any emissions unit as 

calculated considering any emission limitations that are 

enforceable as a practical matter on the emissions unit's 

potential to emit; or

2. An emissions unit's potential to emit.

"Baseline actual emissions for a GHG PAL" means the 

average rate, in tons per year CO2e or tons per year GHG, as 

applicable, at which the emissions unit actually emitted 

GHGs during any consecutive 24-month period selected by 

the owner within the five-year period immediately preceding 

either the date the owner begins actual construction of the 

project or the date a complete permit application is received 

by the board for a permit required under this part. For any 

existing electric utility steam generating unit, baseline actual 

emissions for a GHG PAL means the average rate, in tons per 

year CO2e or tons per year GHG, as applicable, at which the 

emissions unit actually emitted the GHGs during any 

consecutive 24-month period selected by the owner within the 

five-year period immediately preceding the date the owner 

begins actual construction of the project. The board will allow 

the use of a different time period upon a determination that it 

is more representative of normal source operation.

1. The average rate shall include fugitive emissions to the 

extent quantifiable, and emissions associated with startups, 

shutdowns, and malfunctions.

2. The average rate shall be adjusted downward to exclude 

any noncompliant emissions that occurred while the source 

was operating above an emission limitation that was 

legally enforceable during the consecutive 24-month 

period.

3. The average rate shall be adjusted downward to exclude 

any emissions that would have exceeded an emission 

limitation with which the stationary source shall currently 

comply, had such stationary source been required to 

comply with such limitations during the consecutive 24-

month period.

4. The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information 

for determining annual GHG emissions and for adjusting 

this amount if required by subdivisions 2 and 3 of this 

definition.

5. When a project involves multiple emissions units, only 

one consecutive 24-month period shall be used to

determine the baseline actual emissions.

"Emissions unit" means any part of a stationary source that 

emits or has the potential to emit GHGs. For purposes of 

9VAC5-85-55, there are two types of emissions units: (i) a 

new emissions unit is any emissions unit that is or will be 

newly constructed and that has existed for less than two years 

from the date such emissions unit first operated, and (ii) an 

existing emissions unit is any emissions unit that does not 

meet the definition of a new emissions unit.

"GHG-only source" means any existing stationary source 

that emits or has the potential to emit GHGs in the amount 

equal to or greater than the amount of GHGs on a mass basis 

that would be sufficient for a new source to trigger permitting 

requirements for GHGs under the definition of "major 

stationary source" and the amount of GHGs on a CO2e basis 

that would be sufficient for a new source to trigger permitting 

requirements for GHGs under the definition of "subject to 

regulation" at the time the PAL permit is being issued, but 

does not emit or have the potential to emit any other nonGHG regulated NSR pollutant at or above the applicable 

major source threshold. A GHG-only source may only obtain 

a PAL for GHG emissions under 9VAC5-85-55.

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

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

hydrofluorocarbons, perfluorocarbons, and sulfur 

hexafluoride.
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"Major emissions unit" means (i) for any major stationary 

source obtaining a GHG PAL issued on a mass basis, a major 

emissions unit as defined in 9VAC5-80-1615 C or (ii) for a 

GHG PAL issued on a CO2e basis, any emissions unit that 

emits or has the potential to emit equal to or greater than the 

amount of GHGs on a CO2e basis that would be sufficient for 

a new source to trigger permitting requirements under the 

definition of "subject to regulation" at the time the PAL 

permit is being issued.

"Major stationary source" means a major stationary source 

that is defined in and subject to Article 8 (9VAC5-80-1605 et

seq.) of 9VAC5-80 (Permits for Stationary Sources) and that 

meets the definition of "subject to regulation."

"Minor source" means any stationary source that does not 

meet either (i) the definition of "major stationary source" for 

any pollutant at the time the PAL is issued or (ii) the 

definition of "subject to regulation."

"Plantwide applicability limitation" or "PAL" means an 

emission limitation expressed on a mass basis in tons per 

year, or expressed in tons per year CO2e for a CO2e-based 

GHG emission limitation, for a pollutant at a major stationary 

source or GHG-only source, that is enforceable as a practical 

matter and established source-wide in accordance with 

9VAC5-85-55.

"PAL effective date" generally means the date of issuance of 

the PAL permit. However, the PAL effective date for an 

increased PAL is the date any emissions unit that is part of 

the PAL major modification becomes operational and begins 

to emit the PAL pollutant.

"PAL effective period" means the period beginning with the 

PAL effective date and ending five years later.

"PAL major modification" means, notwithstanding the 

definitions for "major modification" and "net emissions 

increase" as defined in 9VAC5-80-1615 C and the definition 

of "subject to regulation" of this section, any physical change 

in or change in the method of operation of the PAL source 

that causes it to emit the PAL pollutant at a level equal to or 

greater than the PAL.

"PAL permit" means the major NSR permit, the state 

operating permit, or the federal operating permit that 

establishes a PAL for a major stationary source or a GHGonly source.

"PAL pollutant" means the pollutant for which a PAL is 

established at a major stationary source or a GHG-only 

source. For a GHG-only source, the only available PAL 

pollutant is greenhouse gases.

"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 if the 

limitation or the effect it would have on emissions is federally 

enforceable or enforceable as a practical matter. Secondary 

emissions do not count in determining the potential to emit of 

a stationary source. For the purposes of actuals PALs, 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 

the effect it would have on emissions is federally enforceable 

or enforceable as a practical matter by the state.

"Regulated NSR pollutant" means:

1. Any pollutant for which an ambient air quality standard 

has been promulgated and any constituents or precursors 

for such pollutants identified by the administrator (e.g., 

volatile organic compounds and NOX are precursors for 

ozone);

2. Any pollutant that is subject to any standard 

promulgated under § 111 of the federal Clean Air Act;

3. Any class I or II substance subject to a standard 

promulgated under or established by Title VI of the federal 

Clean Air Act; or

4. Any pollutant that otherwise is subject to regulation 

under the federal Clean Air Act as defined in the definition 

of "subject to regulation."

5. Notwithstanding subdivisions 1 through 4 of this 

definition, the term "regulated NSR pollutant" shall not 

include any or all hazardous air pollutants either listed in 

§ 112 of the federal Clean Air Act, or added to the list 

pursuant to § 112(b)(2) of the federal Clean Air Act, and 

which have not been delisted pursuant to § 112(b)(3) of the 

federal Clean Air Act, unless the listed hazardous air 

pollutant is also regulated as a constituent or precursor of a 

general pollutant listed under § 108 of the federal Clean 

Air Act.

"Significant emissions unit" means (i) for a GHG PAL 

issued on a mass basis, an emissions unit that emits or has the 

potential to emit a PAL pollutant in an amount that is equal to 

or greater than the significant level for that PAL pollutant, but 

less than the amount that would qualify the unit as a major 

emissions unit or (ii) for a GHG PAL issued on a CO2e basis, 

any emissions unit that emits or has the potential to emit 

GHGs on a CO2e basis in amounts equal to or greater than the 

amount that would qualify the unit as small emissions unit, 

but less than the amount that would qualify the unit as a 

major emissions unit.

"Small emissions unit" means (i) for a GHG PAL issued on 

a mass basis, an emissions unit that emits or has the potential 

to emit the PAL pollutant in an amount less than the 

significant level for that PAL pollutant, as defined in this 

section or in the federal Clean Air Act, whichever is lower or 

(ii) for a GHG PAL issued on a CO2e basis, an emissions unit 

that emits or has the potential to emit less than the amount of 
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GHGs on a CO2e basis defined as "significant" for the 

purposes of subdivision 3 of the definition of "subject to 

regulation" at the time the PAL permit is being issued.

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

pollutant is subject to either a provision in the federal Clean 

Air Act, or a nationally applicable regulation codified by the 

administrator in Subchapter C of 40 CFR Chapter I, that 

requires actual control of the quantity of emissions of that 

pollutant, and that such a control requirement has taken effect 

and is operative to control, limit or restrict the quantity of 

emissions of that pollutant released from the regulated 

activity. The following exceptions shall apply:

1. GHGs shall not be subject to regulation except as 

provided in subdivisions 4 and 5 of this definition and shall 

not be subject to regulation if the stationary source 

maintains its total source-wide emissions below the GHG 

PAL level, meets the requirements of 9VAC5-95-55, and 

complies with the PAL permit containing the GHG PAL. 

A GHG-only source with a valid CO2e-based GHG PAL 

shall be considered to be a minor source for GHG.

2. For purposes of subdivisions 3 through 5 of this 

definition, the term "tpy CO2 equivalent emissions (CO2e)" 

shall represent an amount of GHGs emitted, and shall be 

computed as follows:

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

each of the six greenhouse gases in the pollutant GHGs, 

by the gas's associated global warming potential 

published at Table A-1 to Subpart A of 40 CFR Part 98. 

For purposes of this subdivision, prior to July 21, 2014, 

the mass of the greenhouse gas carbon dioxide shall not 

include carbon dioxide emissions resulting from the 

combustion or decomposition of nonfossilized and 

biodegradable organic material originating from plants, 

animals, or micro-organisms (including products, 

byproducts, residues, and waste from agriculture, 

forestry, and related industries as well as the 

nonfossilized and biodegradable organic fractions of 

industrial and municipal wastes, including gases and 

liquids recovered from the decomposition of 

nonfossilized and biodegradable organic material).

b. Sum the resultant value from subdivision a of this 

subdivision for each gas to compute a tpy CO2e.

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

and 5 of this definition shall mean that both a significant 

emissions increase (as calculated using the procedures in 

9VAC5-80-1605 G) and a significant net emissions 

increase (as defined in 9VAC5-80-1615 C) occur. For the 

pollutant GHGs, an emissions increase shall be based on 

tpy CO2e, and shall be calculated assuming the pollutant 

GHGs is a regulated NSR pollutant, and "significant" is 

defined as 75,000 tpy CO2e instead of applying the value 

in subdivision b of the definition of "significant" in 

9VAC5-80-1615 C.

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

subject to regulation if:

a. The stationary source is a new major stationary source 

for a regulated NSR pollutant that is not GHGs, and also 

will emit or will have the potential to emit 75,000 tpy 

CO2e or more; or

b. The stationary source is an existing major stationary 

source for a regulated NSR pollutant that is not GHGs, 

and also will have an emissions increase of a regulated 

NSR pollutant, and an emissions increase of 75,000 tpy 

CO2e or more.

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

subdivision 4 of this definition, the pollutant GHGs shall 

also be subject to regulation:

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

potential to emit 100,000 tpy CO2e; or

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

potential to emit 100,000 tpy CO2e, when such stationary 

source undertakes a physical change or change in the 

method of operation that will result in an emissions 

increase of 75,000 tpy CO2e or more.

9VAC5-85-55. Actuals plantwide applicability limits 

(PALs).

A. The following applicability requirements shall apply:

1. The board may approve the use of an actuals PAL for 

GHGs on either a mass basis or a CO2e basis for any 

existing major stationary source or any existing GHG-only 

source if the PAL meets the requirements of this section. 

The term "PAL" shall mean "actuals PAL" throughout this 

section.

2. Any physical change in or change in the method of 

operation of a major stationary source or a GHG-only 

source that maintains its total source-wide emissions below 

the PAL level, meets the requirements of this section, and 

complies with the PAL permit:

a. Is not a major modification for the PAL pollutant;

b. Does not have to be approved through Article 8 

(9VAC5-80-1605 et seq.) of Part II of 9VAC5-80 

(Permits for Stationary Sources) or this part; 

c. Is not subject to the provisions of 9VAC5-80-1605 C 

(restrictions on relaxing enforceable emission limitations 

that the major stationary source used to avoid 

applicability of the major NSR program); and

d. Does not make GHGs subject to regulation.

3. Except as provided under subdivision 2 c of this 

subsection, a major stationary source or a GHG-only 

source shall continue to comply with all applicable federal 

or state requirements, emission limitations, and work 

practice requirements that were established prior to the 

effective date of the PAL.

B. As part of a permit application requesting a PAL, the 

owner of a major stationary source or a GHG-only source 
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shall submit the following information to the board for 

approval:

1. A list of all emissions units at the source designated as 

small, significant, or major based on their potential to emit. 

In addition, the owner of the source shall indicate which, if 

any, federal or state applicable requirements, emission 

limitations, or work practices apply to each unit.

2. Calculations of the baseline actual emissions, with 

supporting documentation. Baseline actual emissions are to 

include emissions associated not only with operation of the 

unit, but also emissions associated with startup, shutdown, 

and malfunction.

3. The calculation procedures that the owner proposes to 

use to convert the monitoring system data to monthly 

emissions and annual emissions based on a 12-month 

rolling total for each month as required by subdivision M 1 

of this section.

4. As part of a permit application requesting a GHG PAL, 

the owner of a major stationary source or a GHG-only 

source shall submit a statement by the owner that clarifies 

whether the source is an existing major source as defined 

in the definition of "major stationary source" or a GHGonly source.

C. The board may establish a PAL at a major stationary 

source or a GHG-only source, provided that at a minimum, 

the following requirements are met. At no time during or after 

the PAL effective period are emissions reductions of a PAL 

pollutant that occur during the PAL effective period 

creditable as decreases for purposes of offsets under 9VAC5-

80-2120 F through L unless the level of the PAL is reduced 

by the amount of such emissions reductions and such 

reductions would be creditable in the absence of the PAL.

1. The PAL shall impose an annual emission limitation 

expressed on a mass basis in tons per year, or expressed in 

tons per year CO2e, that is enforceable as a practical 

matter, for the entire major stationary source or GHG-only 

source. For each month during the PAL effective period 

after the first 12 months of establishing a PAL, the major 

stationary source or GHG-only source owner shall show 

that the sum of the monthly emissions from each emissions 

unit under the PAL for the previous 12 consecutive months 

is less than the PAL (a 12-month average, rolled monthly). 

For each month during the first 11 months from the PAL 

effective date, the major stationary source or GHG-only 

source owner shall show that the sum of the preceding 

monthly emissions from the PAL effective date for each 

emissions unit under the PAL is less than the PAL.

2. The PAL shall be established in a PAL permit that meets 

the public participation requirements in subsection D of 

this section.

3. The PAL permit shall contain all the requirements of 

subsection F of this section.

4. The PAL shall include fugitive emissions, to the extent 

quantifiable, from all emissions units that emit or have the 

potential to emit the PAL pollutant at the major stationary 

source or GHG-only source.

5. Each PAL shall regulate emissions of only one pollutant.

6. Each PAL shall have a PAL effective period of five 

years.

7. The owner of the major stationary source or GHG-only 

source with a PAL shall comply with the monitoring, 

recordkeeping, and reporting requirements provided in 

subsections L through N of this section for each emissions 

unit under the PAL through the PAL effective period.

D. PALs for existing major stationary sources or GHG-only 

sources shall be established, renewed, or increased through 

the public participation procedures prescribed in the 

applicable permit programs identified in the definition of 

"PAL permit." This includes the requirement that the board 

provide the public with notice of the proposed approval of a 

PAL permit and at least a 30-day period for submittal of 

public comment. The board will address all material 

comments before taking final action on the permit.

E. Setting the five-year actuals PAL level shall be 

accomplished as follows:

1. Except as provided in subdivisions 2 and 3 of this 

subsection, the actuals PAL level on a mass basis for a 

major stationary source or a GHG-only source shall be 

established as the sum of the baseline actual emissions of 

the PAL pollutant for each emissions unit at the source, 

plus an amount equal to the applicable significant level for 

the PAL pollutant under the definition of "significant" in 

9VAC5-80-1615.

2. For newly constructed units, which do not include 

modifications to existing units, on which actual 

construction began after the 24-month period, in lieu of 

adding the baseline actual emissions as specified in 

subdivision 1 of this subsection, the emissions shall be 

added to the PAL level in an amount equal to the potential 

to emit of the units.

3. For a CO2e based GHG PAL, the actuals PAL level shall 

be established as the sum of the GHGs baseline actual 

emissions of GHGs for each emissions unit at the source, 

plus an amount equal to the amount defined as significant 

on a CO2e basis for the purposes of subdivision 3 of the 

definition of "subject to regulation" at the time the PAL 

permit is being issued. When establishing the actuals PAL 

level for a CO2e-based PAL, only one consecutive 24-

month period shall be used to determine the baseline actual 

emissions for all existing emissions units. Emissions 

associated with units that were permanently shut down 

after this 24-month period shall be subtracted from the 

PAL level. The board will specify a reduced PAL level (in 

tons per year CO2e) in the PAL permit to become effective 

on the future compliance date of any applicable federal or 
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state regulatory requirement that the board is aware of 

prior to issuance of the PAL permit.

F. The PAL permit shall contain, at a minimum, the 

following information:

1. The PAL pollutant and the applicable source-wide 

emission limitation in tons per year CO2e.

2. The PAL permit effective date and the expiration date of

the PAL (PAL effective period).

3. Specification in the PAL permit that if a major 

stationary source or a GHG-only source owner applies to 

renew a PAL in accordance with subsection J of this 

section before the end of the PAL effective period, then the 

PAL shall not expire at the end of the PAL effective 

period. It shall remain in effect until a revised PAL permit 

is issued by the board.

4. A requirement that emission calculations for compliance 

purposes shall include emissions from startups, shutdowns, 

and malfunctions.

5. A requirement that, once the PAL expires, the major 

stationary source or GHG-only source is subject to the 

requirements of subdivision I of this section.

6. The calculation procedures that the major stationary 

source or GHG-only source owner shall use to convert the 

monitoring system data to monthly emissions and annual 

emissions based on a 12-month rolling total as required by 

subdivision M 1 of this section.

7. A requirement that the GHG-only source owner shall 

monitor all emissions units in accordance with the 

provisions under subsection L of this section.

8. A requirement to retain the records required under 

subsection M of this section on site. Such records may be 

retained in an electronic format.

9. A requirement to submit the reports required under 

subsection N of this section by the required deadlines.

10. Any other requirements that the board deems necessary 

to implement and enforce the PAL.

11. A permit for a GHG PAL issued to a GHG-only source 

shall also include a statement denoting that GHG emissions 

at the source will not be subject to regulation as long as the 

source complies with the PAL.

G. The PAL effective period shall be five years.

H. The following requirements for reopening the PAL 

permit shall apply:

1. During the PAL effective period the board will reopen 

the PAL permit to:

a. Correct typographical or calculation errors made in 

setting the PAL or reflect a more accurate determination 

of emissions used to establish the PAL;

b. Reduce the PAL if the owner creates creditable 

emissions reductions for use as offsets under 9VAC5-80-

2120 F through N; and

c. Revise the PAL to reflect an increase in the PAL as 

provided under subsection K of this section.

2. The board may reopen the PAL permit for the following 

reasons:

a. Reduce the PAL to reflect newly applicable federal 

requirements (for example, NSPS) with compliance dates 

after the PAL effective date; and

b. Reduce the PAL consistent with any other requirement 

that is enforceable as a practical matter and that the board 

may impose on the major stationary source or GHG-only 

source.

3. Except for the permit reopening in subdivision 1 a of 

this subsection for the correction of typographical or 

calculation errors that do not increase the PAL level, all 

other reopenings shall be carried out in accordance with 

the public participation requirements of subsection D of 

this section.

I. Any PAL that is not renewed in accordance with the 

procedures in subsection J of this section shall expire at the 

end of the PAL effective period, and the following 

requirements shall apply:

1. Each emissions unit or each group of emissions units 

that existed under the PAL shall comply with an allowable 

emission limitation under a revised permit established 

according to the following procedures:

a. Within the time frame specified for PAL renewals in 

subdivision J 2 of this section, the major stationary 

source or GHG-only source shall submit a proposed 

allowable emission limitation for each emissions unit (or 

each group of emissions units, if such a distribution is 

more appropriate as decided by the board) by distributing 

the PAL allowable emissions for the major stationary 

source or GHG-only source among each of the emissions 

units that existed under the PAL. If the PAL had not yet 

been adjusted for an applicable requirement that became 

effective during the PAL effective period, as required 

under subdivision J 5 of this section, such distribution 

shall be made as if the PAL had been adjusted.

b. The board will decide whether and how the PAL 

allowable emissions will be distributed and issue a 

revised permit incorporating allowable limits for each 

emissions unit, or each group of emissions units, as the 

board determines is appropriate.

2. Each emissions unit shall comply with the allowable 

emission limitation on a 12-month rolling basis. The board 

may approve the use of monitoring systems (source testing, 

emission factors, etc.) other than CEMS, CERMS, PEMS, 

or CPMS to demonstrate compliance with the allowable 

emission limitation.

3. Until the board issues the revised permit incorporating 

allowable limits for each emissions unit, or each group of 

emissions units, as required under subdivision 1 b of this 

subsection, the source shall continue to comply with a 
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source-wide, multi-unit emissions cap equivalent to the 

level of the PAL emission limitation.

4. Any physical change or change in the method of 

operation at the major stationary source or GHG-only 

source shall be subject to major NSR requirements if such 

change meets the definition of "major modification" in 

9VAC5-80-1615 C.

5. The major stationary source or GHG-only source owner 

shall continue to comply with any state or federal 

applicable requirements (such as BACT, RACT, NSPS) 

that may have applied either during the PAL effective 

period or prior to the PAL effective period except for those 

emission limitations that had been established pursuant to 

9VAC5-80-1605 C, but were eliminated by the PAL in 

accordance with the provisions in subdivision A 2 c of this 

section.

J. PALs shall be renewed as follows:

1. The board will follow the procedures specified in 

subsection D of this section in approving any request to 

renew a PAL for a major stationary source or a GHG-only 

source and will provide both the proposed PAL level and a 

written rationale for the proposed PAL level to the public 

for review and comment. During such public review, any 

person may propose a PAL level for the source for 

consideration by the board.

2. A major stationary source or a GHG-only source owner 

shall submit a timely application to the board to request 

renewal of a PAL. A timely application is one that is 

submitted at least six months prior to, but not earlier than 

18 months from, the date of permit expiration. This 

deadline for application submittal is to ensure that the 

permit will not expire before the permit is renewed. If the 

owner of a major stationary source or a GHG-only source 

submits a complete application to renew the PAL within 

this time period, then the PAL shall continue to be 

effective until the revised permit with the renewed PAL is 

issued.

3. The application to renew a PAL permit shall contain the 

following information:

a. The information required in subdivisions B 1 through 3 

of this section.

b. A proposed PAL level.

c. The sum of the potential to emit of all emissions units

under the PAL (with supporting documentation).

d. Any other information the owner wishes the board to 

consider in determining the appropriate level for 

renewing the PAL.

4. In determining whether and how to adjust the PAL, the 

board will consider the following options; however, in no 

case may any such adjustment fail to comply with 

subdivision 4 c of this subsection:

a. If the emissions level calculated in accordance with 

subsection E of this section is equal to or greater than 

80% of the PAL level, the board may renew the PAL at 

the same level without considering the factors set forth in 

subdivision 4 b of this subsection; or

b. The board may set the PAL at a level that it determines 

to be more representative of the source's baseline actual 

emissions, or that it determines to be more appropriate 

considering air quality needs, advances in control 

technology, anticipated economic growth in the area, 

desire to reward or encourage the source's voluntary 

emissions reductions, or other factors as specifically 

identified by the board in its written rationale.

c. Notwithstanding subdivisions 4 a and b of this 

subsection (i) if the potential to emit of the major 

stationary source or GHG-only source is less than the 

PAL, the board will adjust the PAL to a level no greater 

than the potential to emit of the source and (ii) the board 

will not approve a renewed PAL level higher than the 

current PAL, unless the major stationary source or GHGonly source has complied with the provisions of 

subsection J of this section.

5. If the compliance date for a state or federal requirement 

that applies to the PAL source occurs during the PAL 

effective period, and if the board has not already adjusted 

for such requirement, the PAL shall be adjusted at the time 

of PAL permit renewal or federal operating permit 

renewal, whichever occurs first.

K. A PAL may be increased during the PAL effective period 

as follows:

1. The board may increase a PAL emission limitation only 

if the major stationary source or GHG-only source 

complies with the following provisions:

a. The owner of the major stationary source or GHG-only 

source shall submit a complete application to request an 

increase in the PAL limit for a PAL major modification. 

Such application shall identify the emissions units 

contributing to the increase in emissions so as to cause 

the GHG-only source's emissions to equal or exceed its 

PAL.

b. As part of this application, the major stationary source 

or GHG-only source owner shall demonstrate that the 

sum of the baseline actual emissions of the small 

emissions units, plus the sum of the baseline actual 

emissions of the significant and major emissions units 

assuming application of BACT equivalent controls, plus 

the sum of the allowable emissions of the new or 

modified emissions units exceeds the PAL. The level of 

control that would result from BACT equivalent controls 

on each significant or major emissions unit shall be 

determined by conducting a new BACT analysis at the 

time the application is submitted, unless the emissions 

unit is currently required to comply with a BACT or 

LAER requirement that was established within the 
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preceding 10 years. In such a case, the assumed control 

level for that emissions unit shall be equal to the level of 

BACT or LAER with which that emissions unit shall 

currently comply.

c. The owner obtains a major NSR permit for all 

emissions units identified in subdivision 1 a of this 

subsection, regardless of the magnitude of the emissions 

increase resulting from them (that is, no significant levels 

apply). These emissions units shall comply with any 

emissions requirements resulting from the major NSR 

process (for example, BACT), even though they have 

also become subject to the PAL or continue to be subject 

to the PAL.

2. The PAL permit shall require that the increased PAL 

level shall be effective on the day any emissions unit that is 

part of the PAL major modification becomes operational 

and begins to emit the PAL pollutant.

3. The board will calculate the new PAL as the sum of the 

allowable emissions for each modified or new emissions 

unit, plus the sum of the baseline actual emissions of the 

significant and major emissions units (assuming 

application of BACT equivalent controls as determined in 

accordance with subdivision 1 b of this subsection), plus 

the sum of the baseline actual emissions of the small 

emissions units.

4. The PAL permit shall be revised to reflect the increased 

PAL level pursuant to the public notice requirements of 

subsection D of this section.

L. Monitoring requirements for PALs shall be as follows:

1. The following general requirements apply:

a. Each PAL permit shall contain enforceable 

requirements for the monitoring system that accurately 

determines plantwide emissions of the PAL pollutant in 

terms of CO2e per unit of time. Any monitoring system 

authorized for use in the PAL permit shall be based on 

sound science and meet generally acceptable scientific 

procedures for data quality and manipulation. 

Additionally, the information generated by such system 

shall meet minimum legal requirements for admissibility 

in a judicial proceeding to enforce the PAL permit.

b. The PAL monitoring system shall employ one or more 

of the four general monitoring approaches meeting the 

minimum requirements set forth in subdivision 2 of this 

subsection and shall be approved by the board.

c. Notwithstanding subdivision 1 b of this subsection, the 

owner may also employ an alternative monitoring 

approach that meets subdivision 1 a of this subsection if 

approved by the board.

d. Failure to use a monitoring system that meets the 

requirements of this subsection renders the PAL invalid.

2. The following are acceptable general monitoring 

approaches when conducted in accordance with the 

following minimum requirements:

a. Mass balance calculations for activities using coatings 

or solvents;

b. CEMS;

c. CPMS or PEMS; and

d. Emission factors.

3. An owner using mass balance calculations to monitor 

PAL pollutant emissions from activities using coating or 

solvents shall meet the following requirements:

a. Provide a demonstrated means of validating the 

published content of the PAL pollutant that is contained 

in or created by all materials used in or at the emissions 

unit;

b. Assume that the emissions unit emits all of the PAL 

pollutant that is contained in or created by any raw 

material or fuel used in or at the emissions unit, if it 

cannot otherwise be accounted for in the process; and

c. Where the vendor of a material or fuel, which is used 

in or at the emissions unit, publishes a range of pollutant 

content from such material, the owner shall use the 

highest value of the range to calculate the PAL pollutant 

emissions unless the board determines there is sitespecific data or a site-specific monitoring program to 

support another content within the range.

4. An owner using CEMS to monitor PAL pollutant 

emissions shall meet the following requirements:

a. CEMS shall comply with applicable Performance 

Specifications found in Appendix B to 40 CFR Part 60; 

and

b. CEMS shall sample, analyze, and record data at least 

every 15 minutes while the emissions unit is operating.

5. An owner using CPMS or PEMS to monitor PAL 

pollutant emissions shall meet the following requirements:

a. The CPMS or the PEMS shall be based on current sitespecific data demonstrating a correlation between the 

monitored parameters and the PAL pollutant emissions 

across the range of operation of the emissions unit; and

b. Each CPMS or PEMS shall sample, analyze, and 

record data at least every 15 minutes, or at another less 

frequent interval approved by the board, while the 

emissions unit is operating.

6. An owner using emission factors to monitor PAL 

pollutant emissions shall meet the following requirements:

a. All emission factors shall be adjusted, if appropriate, to 

account for the degree of uncertainty or limitations in the 

factors' development;

b. The emissions unit shall operate within the designated 

range of use for the emission factor, if applicable; and

c. If technically practicable, the owner of a significant 

emissions unit that relies on an emission factor to 

calculate PAL pollutant emissions shall conduct 

validation testing to determine a site-specific emission 
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1450

factor within six months of PAL permit issuance, unless 

the board determines that testing is not required.

7. A source owner shall record and report maximum 

potential emissions without considering enforceable 

emission limitations or operational restrictions for an 

emissions unit during any period of time that there is no 

monitoring data, unless another method for determining 

emissions during such periods is specified in the PAL 

permit.

8. Notwithstanding the requirements in subdivisions 3 

through 7 of this subsection, where an owner of an 

emissions unit cannot demonstrate a correlation between 

the monitored parameters and the PAL pollutant emissions 

rate at all operating points of the emissions unit, the board 

will, at the time of permit issuance:

a. Establish default values for determining compliance 

with the PAL based on the highest potential emissions 

reasonably estimated at such operating points; or

b. Determine that operation of the emissions unit during 

operating conditions when there is no correlation 

between monitored parameters and the PAL pollutant 

emissions is a violation of the PAL.

9. All data used to establish the PAL pollutant shall be 

revalidated through performance testing or other 

scientifically valid means approved by the board. Such 

testing shall occur at least once every five years after 

issuance of the PAL.

M. Recordkeeping requirements shall be as follows:

1. The PAL permit shall require the owner to retain a copy 

of all records necessary to determine compliance with any 

requirement of this section and of the PAL, including a 

determination of each emissions unit's 12-month rolling 

total emissions, for five years from the date of such record.

2. The PAL permit shall require the owner to retain a copy 

of the following records for the duration of the PAL 

effective period plus five years:

a. A copy of the PAL permit application and any 

applications for revisions to the PAL; and

b. Each annual certification of compliance pursuant to 

the federal operating permit program and the data relied 

on in certifying the compliance.

N. The owner shall submit semi-annual monitoring reports and 

prompt deviation reports to the board in accordance with the 

federal operating permit program. The reports shall meet the 

following requirements:

1. The semi-annual report shall be submitted to the board 

within 30 days of the end of each reporting period. This 

report shall contain the following information:

a. The identification of owner and the permit number.

b. Total annual emissions (expressed on a mass-basis in 

tons per year, or expressed in tons per year CO2e) based 

on a 12-month rolling total for each month in the 

reporting period recorded pursuant to subdivision M 1 of 

this section.

c. All data relied upon, including, but not limited to, any 

quality assurance or quality control data, in calculating 

the monthly and annual PAL pollutant emissions.

d. A list of any emissions units modified or added to the 

major stationary source or GHG-only source during the 

preceding six-month period.

e. The number, duration, and cause of any deviations or 

monitoring malfunctions (other than the time associated 

with zero and span calibration checks), and any 

corrective action taken.

f. A notification of a shutdown of any monitoring system, 

whether the shutdown was permanent or temporary, the 

reason for the shutdown, the anticipated date that the 

monitoring system will be fully operational or replaced 

with another monitoring system, and whether the 

emissions unit monitored by the monitoring system 

continued to operate, and the calculation of the emissions 

of the pollutant or the number determined by method 

included in the permit, as provided by subdivision L 7 of 

this section.

g. A signed statement by the responsible official (as 

defined by the federal operating permit program) 

certifying the truth, accuracy, and completeness of the 

information provided in the report.

2. The major stationary source or GHG-only source owner 

shall promptly submit reports of any deviations or 

exceedance of the PAL requirements, including periods 

where no monitoring is available. A report submitted 

pursuant to 9VAC5-80-110 F 2 b shall satisfy this 

reporting requirement. The deviation reports shall be 

submitted within the time limits prescribed by the 

applicable program implementing 9VAC5-80-110 F 2 b. 

The reports shall contain the following information:

a. The identification of owner and the permit number;

b. The PAL requirement that experienced the deviation 

or that was exceeded;

c. Emissions resulting from the deviation or the 

exceedance; and

d. A signed statement by the responsible official (as 

defined by the federal operating permit program) 

certifying the truth, accuracy, and completeness of the 

information provided in the report.

3. The owner shall submit to the board the results of any 

revalidation test or method within three months after 

completion of such test or method.

O. The board will not issue a PAL that does not comply with 

the requirements of this part after March 13, 2014. The board 

may supersede any PAL that was established prior to March 13, 

2014, with a PAL that complies with the requirements of this 

section.

VA.R. Doc. No. R14-3397; Filed December 30, 2013, 12:53 p.m. 
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.

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