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 article 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 emitted 
from any proposed stationary source which the board, on a case-by-case basis, taking into account 

energy, 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 combustion 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 emission 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 subject 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 of 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 of 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 class 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 proposed new or modified stationary source to emit any 
pollutant 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 

stationary 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 significant 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 (9VAC5-80-1605 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 VR120-05-0402, 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 source 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 for 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 of 
operation in the unit. 

D. For phased construction projects, the determination of best available control technology 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. 

Historical Notes 

Derived from VR120-05-0403, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 20, eff. 

September 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 rate 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 pollutant. 

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 et seq.) of this chapter) which are inherent in the proposed 

replacements. 

E. For phased construction projects, the determination of lowest achievable emission rate 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 lowest achievable 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 

each 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 technology 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 

§§ 10.1-1307 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 Odorous 
Emissions, 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 person 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. 

9VAC5-50-340. 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. Monitoring. 

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

Statutory Authority 

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

Historical Notes 

Derived from VR120-05-0414, eff. January 1, 1985. 

9VAC5-50-380. Facility and control equipment maintenance or malfunction. 

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

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

Historical Notes 

Derived from VR120-05-0415, eff. January 1, 1985. 

9VAC5-50-390. 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 appropriate 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.