## Virginia Administrative Code Database updated through January 6, 2011
Article 4 Standards of Performance for Stationary Sources (Rule 5
- 4) 9VAC5 - 50 - 240. Applicability and designation of affected facility. A. The affected facilities in stationary sources to which the provisions of this article apply are facilities that emit or cause air pollution. B. The provisions of this article apply throughout the Commonwealth of Virginia. C. The provisions of this art icle apply only to affected facilities subject to the new source review program. Statutory Authority § 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0401, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 9VAC5 - 50 - 250. Definitions. A. For the purpose of the Regulations for the Control and Abatement of Air Pollution and subsequent amendments or any orders issued by the board, the words or terms shall have the meanings given them in subsection C of this section. B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5
- 10
- ), unless otherwise required by context. C. Terms defined. "Best available control technology" means a standard of performance (including a visible emission standard) based on the maximum degree of emission reduction for any pollutant which would be emittedfrom any proposed stationary source which the board, on a case
- by
- case basis, taking into account en ergy, environmental and economic impacts and other costs, determines is achievable for such source through the application of production processes or available methods, systems and techniques, including fuel cleaning or treatment or innovative fuel combust ion techniques for control of such pollutant. In no event shall application of best available control technology result in emissions of any pollutant which would exceed the emissions allowed by any applicable standard in Article 5 (9VAC5
- 50
- 400 et seq.) of this part or Article 1 (9VAC5
- 60
- 60 et seq.) of Part II of 9VAC5 Chapter 60. If the board determines that technological or economic limitations on the application of measurement methodology to particular emissions unit would make the imposition of an emis sion standard infeasible, a design, equipment, work practice, operational standard, or combination of them, may be prescribed instead of requiring the application of best available control technology. Such standard shall, to the degree possible, set forth the emission reduction achievable by implementation of such design, equipment, work practice or operation, and shall provide for compliance by means which achieve equivalent results. In determining best available control technology for stationary sources s ubject to Article 6 (9VAC5
- 80
- 1100 et seq.) of Part II of 9VAC5 Chapter 80, consideration shall be given to the nature and amount of the new emissions, emission control efficiencies achieved in the industry for the source type, and the cost effectiveness o f the incremental emission reduction achieved. "Lowest achievable emission rate" means for any source, the more stringent rate of emissions based on the following: 1. The most stringent emissions limitation which is contained in the implementation plan o f any state for such class or category of stationary source, unless the owner of the proposed stationary source demonstrates that such limitations are not achievable; or 2. The most stringent emissions limitation which is achieved in practice by such clas s or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. In no event shall the application of this term permit a pr oposed new or modified stationary source to emit anypollutant in excess of the amount allowable under an applicable new source standard of

performance. "New source review (NSR) program" means a preconstruction review and permit program (i) for new statio nary sources or modifications (physical changes or changes in the method of operation); (ii) established to implement the requirements of §§ 110(a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165 (relating to permits in prevention of sig nificant deterioration areas), and 173 (relating to permits in nonattainment areas) of the federal Clean Air Act and associated regulations; and (iii) codified in Article 6 (9VAC5
- 80
- 1100 et seq.), Article 7 (9VAC5
- 80
- 1400 et seq.), Article 8 (9VAC5
- 80
- 160 5 et seq.) and Article 9 (9VAC5
- 80
- 2000 et seq.) of 9VAC5 Chapter 80. Statutory Authority § 10.1
- 1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70 and 72. Historical Notes Derived from VR1 20
- 05
- 0402, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002; Volume 22, Issue 23, eff. September 1, 2006. 9VAC5 - 50 - 260. Standard for stationary sources. A. No owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any emissions in excess of that resultant from using best available control technology, as reflected in any condition that may be placed upon the permit approval for the facility. B. A stationary s ource shall apply best available control technology for each regulated pollutant that it would have the potential to emit in amounts equal to or greater than the levels in 9VAC5
- 80
- 1320 C. C. A modification shall apply best available control technology fo r each regulated pollutant for which it would result in a net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur in amounts equal to or greater than the levels in 9VAC5
- 80
- 1320 D as a result of physical change or change in the method ofoperation in the unit. D. For phased construction projects, the determination of best available control technology shall be reviewed and modified, as appropriate, at the l atest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner of the applicable stationary source may be required to demonstrate the adequacy of any previo us determination of best available control technology for the source. Statutory Authority § 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0403, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. Septe mber 1, 2002. 9VAC5 - 50 - 270. Standard for major stationary sources (nonattainment areas). A. For major stationary sources located in nonattainment areas, no owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any emissions in excess of that resultant from the lowest achievable emission rate, as reflected in any condition that may be placed upon the permit approval for the facility. B. A major stationary source shall apply lowest achievable emission r ate for each regulated NSR pollutant (as defined in 9VAC5
- 80
- 2010) that it would emit. C. A major modification shall apply the lowest achievable emission rate to each new or modified emission unit which would increase the emissions of a regulated NSR poll utant. D. In the case of a reconstruction, the determination of lowest achievable emission rate shall take into account any economic or technical limitations on compliance with applicable standards of performance (as specified in Article 5 (9VAC5
- 50
- 400 e t seq.) of this chapter) which are inherent in the proposed replacements. E. For phased construction projects, the determination of lowest achievable emission rate shall bereviewed, and modified as appropriate, at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time, the owner of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of lowest achievab le emission rate for the source. Statutory Authority § 10.1
- 1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70 and 72. Historical Notes Derived from VR120
- 05
- 0404, eff. January 1, 1985; amended, Virginia Register Volume 22, Issue 23, eff. September 1, 2006. 9VAC5 - 50 - 280. Standard for major stationary sources (prevention of significant deterioration areas). A. For major stationary sources located in prevention of significant deterioration areas, no owner or other person shall cause or permit to be discharged into the atmosphere from any affected facility any emissions in excess of that resultant from using best available control technology , as reflected in any condition that may be placed upon the permit approval for the facility. B. A major stationary source shall apply best available control technology for each regulated NSR pollutant (as defined in 9VAC5
- 80
- 1615) that it would have the potential to emit in significant amounts. C. A major modification shall apply best available control technology for each regulated NSR pollutant for which it would result in a significant net emissions increase at the source. This requirement applies to e ach proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of physical change or change in the method of operation in the unit. D. For phased construction projects, the determination of best available control te chnology shall be reviewed, and modified as appropriate, at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time,the owner of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of best available control technology for the source. Statutory Authority § 10.1
- 1308 of the Code of Virginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V); 40 CFR Parts 51, 61, 63, 70 and 72. Historical Notes Derived from VR120
- 05
- 0405, eff. January 1, 1985; amended, Virginia Register Volume 22, Issue 23, eff. September 1, 2006. 9VAC5 - 50 - 290. Standard for visible emissions. The provisions of Article 1 (9VAC5
- 50
- 60 et seq.) of this chapter (Standards of Performance for Visible Emissions and Fugitive Dust/Emissions, Rule 5
- 1) apply. Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0406, eff. January 1, 1985. 9VAC5 - 50 - 300. Standard for fugitive dust/emissions. The provisions of Article 1 (9VAC5
- 50
- 60 et seq.) of this chapter (Standards of Performance for Visible Emissions and Fugitive Dust/Emissions, Rule 5
- 1) apply. Statutory Authority §§ 10.1
- 13 07 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0407, eff. January 1, 1985. 9VAC5 - 50 - 310. Standard for odor. The provisions of Article 2 (9VAC5
- 50
- 130 et seq.) of this chapter (Emission Standards for OdorousEmissions, Rule 5
- 2) apply. Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0408, eff. January 1, 1985. 9VAC5 - 50 - 320. Standard for toxic pollutants. The provisions of Article 5 (9VAC5
- 60
- 300 et seq.) of 9VACChapter 60 (Emissions Standards for Toxic Pollutants from New and Modified Sources, Rule 6
- 5) apply. Statutory Authority § 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0409, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 9VAC5 - 50 - 330. Compliance. A. The provisions of 9VAC5
- 50
- 20 (Compliance) apply. B. Nothing in this rule is intended to relieve any owner or other perso n from complying with any applicable standards or requirements contained in this part or other parts. Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0410, eff. January 1, 1985. 9VAC5 - 50 - 3 40. Test methods and procedures. The provisions of 9VAC5
- 50
- 30 (Emission Testing) apply. Statutory Authority§§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0411, eff. January 1, 1985. 9VAC5 - 50 - 350. Monitori ng. The provisions of 9VAC5
- 50
- 40 (Monitoring) apply. Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0412, eff. January 1, 1985. 9VAC5 - 50 - 360. Notification, records and reporting. The provisions of 9VAC5
- 50
- 50 (Notification, Records and Reporting) apply. Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0413, eff. January 1, 1985. 9VAC5 - 50 - 370. Registration. The prov isions of 9VAC5
- 20
- 160 (Registration) apply. Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0414, eff. January 1, 1985. 9VAC5 - 50 - 380. Facility and control equipment maintenance or malfunc tion. The provisions of 9VAC5
- 20
- 180 (Facility and Control Equipment Maintenance or Malfunction) apply.Statutory Authority §§ 10.1
- 1307 and 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0415, eff. January 1, 1985. 9VAC5 - 5 0 - 390. Permits. A permit may be required prior to beginning any of the activities specified below if the provisions of this chapter and 9VAC5 Chapter 80 (9VAC5
- 80) apply. Owners contemplating such action should review those provisions and contact the appr opriate regional office for guidance on whether those provisions apply. 1. Construction of a facility. 2. Reconstruction (replacement of more than half) of a facility. 3. Modification (any physical change to equipment) of a facility. 4. Relocation of a facility. 5. Reactivation (restart
- up) of a facility. 6. Operation of a facility. Statutory Authority § 10.1
- 1308 of the Code of Virginia. Historical Notes Derived from VR120
- 05
- 0416, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. September 1, 2002.