Virginia Administrative Code

Database updated through January 6, 2011

Part I

Applicability

9VAC5-85-10. Applicability.

A. Except as provided in subsection C of this section, the provisions of this chapter shall apply to 

permit actions for a stationary source that emits, or has the potential to emit, any air pollutant subject to 

regulation. For the purposes of this part, "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.

B. The provisions of this chapter apply throughout the Commonwealth of Virginia.

C. The provisions of this chapter shall not apply to the following:

1. Permit actions under Article 6 (9VAC5-80-1100 et seq.) of Part II of 9VAC5-80. Nothing in this 

chapter shall be construed as designating greenhouse gases as a regulated air pollutant for the 

purposes of Article 6 (9VAC5-80-1100 et seq.) of Part II of 9VAC5-80.

2. Permit actions under Article 7 (9VAC5-80-1400 et seq.) of Part II of 9VAC5-80.

3. Permit actions under Article 9 (9VAC5-80-2000 et seq.) of Part II of 9VAC5-80.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 3, eff. January 2, 2011.
Part II

Federal (Title V) Operating Permit Actions

9VAC5-85-20. Federal (Title V) operating permit actions.

The requirements of Article 1 (9VAC5-80-50 et seq.) and Article 3 (9VAC5-80-360 et seq.) of Part II of 

9VAC5-80 shall apply, except that the terms defined shall have the meaning given them in this part.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 3, eff. January 2, 2011.

9VAC5-85-30. 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 

9VAC5-80-60 (Definitions) or 9VAC5-80-370 (Definitions), as applicable, 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 meaning 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.

"Greenhouse gases (GHGs)" means the aggregate group of six greenhouse gases: carbon dioxide, 

nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

"Major stationary source" means, in lieu of subdivision b in the definition of "major source" in 9VAC5-

80-60, a major stationary source of air pollutants, as defined in § 302 of the federal Clean Air Act, that 

directly emits, or has the potential to emit, 100 tpy or more of any air pollutant subject to regulation 

(including any major source of fugitive emissions of any such pollutant, as determined by rule by the 

administrator). The fugitive emissions of a stationary source shall not be considered in determining 
whether it is a major stationary source for the purposes of § 302(j) of the federal Clean Air Act, unless the 

source belongs to one of the 27 categories of stationary sources as listed in subdivisions b (1) through 

(27) in the definition of "major source" in 9VAC5-80-60.

"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 unless, as of July 1, 2011, the GHG emissions are at a 

stationary source emitting or having the potential to emit 100,000 tons per year (tpy) CO2

equivalent emissions (CO2e).

2. The term "tpy CO2 equivalent emissions (CO2e)" shall represent an amount of GHGs emitted, 

and shall be computed by 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, and summing the resultant value for each 

to compute a tpy CO2e.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 3, eff. January 2, 2011.

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 terms defined shall have the meaning given to them in this part.
Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 3, eff. January 2, 2011.

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 meaning 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.

"Greenhouse gases (GHGs)" means the aggregate group of six greenhouse gases: carbon dioxide, 

nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

"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.

"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.

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.

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.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 3, eff. January 2, 2011.

Part IV

State Operating Permit Actions

9VAC5-85-60. State operating permit actions.

Within the limits of 9VAC5-80-800 C, the requirements of Article 5 (9VAC5-80-800 et seq.) of Part II of 

9VAC5-80 may apply, except that the terms defined shall have the meaning given them in this part.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes
Derived from Virginia Register Volume 27, Issue 3, eff. January 2, 2011.

9VAC5-85-70. 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 

9VAC5-80-810 (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 meaning 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.

"Regulated air pollutant" means any of the following:

1. Nitrogen oxides or any volatile organic compound.

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

3. Any pollutant subject to any standard promulgated under § 111 of the federal Clean Air Act.

4. Any Class I or II substance subject to a standard promulgated under or established by Title VI of 

the federal Clean Air Act concerning stratospheric ozone protection.

5. Any pollutant subject to a standard promulgated under or other requirements established under 

§ 112 of the federal Clean Air Act concerning hazardous air pollutants and any pollutant regulated 

under Subpart C of 40 CFR 68.

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

7. Any pollutant subject to regulation under the Virginia Air Pollution Control Law.

8. Any pollutant that otherwise is subject to regulation under the federal Clean Air Act as defined in 

the definition of "subject to regulation."

"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.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 3, eff. January 2, 2011.