## 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 Cle an 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 op erative 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 t he following: 1. Permit actions under Article 6 (9VAC5

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- 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

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- 1100 et seq.) of Part II of 9VAC5

- 80. 2. Permit actions under Article 7 (9VAC5

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- 1400 et seq.) of Part II of 9VAC5

- 80. 3. Permit actions under Article 9 (9VAC5

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- 2000 et seq.) of Part II of 9VAC5

- 80. Statutory Authority § 10.1

- 1308 of the Code of Virginia. Historical No tes 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

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- 50 et seq.) and Article 3 (9VAC5

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- 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 Volu me 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 the m in 9VAC5

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- 60 (Definitions) or 9VAC5

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- 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

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- 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 oxid e, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride. "Major stationary source" means, in lieu of subdivision b in the definition of "major source" in 9VAC5

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- 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 determiningwhether 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

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- 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 applica ble 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 restr ict 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 havi ng the potential to emit 100,000 tons per year (tpy) CO 2 equivalent emissions (CO 2 e). 2. The term "tpy CO 2 equivalent emissions (CO 2 e)" 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 CO 2 e. 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

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- 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 term s shall have the meanings given them in 9VAC5

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- 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

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- 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, metha ne, 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 adm inistrator (e.g., volatile organic compounds and NO X 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 del isted 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 e missions 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 (CO 2 e)" 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 CO 2 e. 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 pr ocedures in 9VAC5

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- 1605 G) and a significant net emissions increase (as defined in 9VAC5

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- 1615 C) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR po llutant, and "significant" is defined as 75,000 tpy CO 2 e instead of applying the value in subdivision b of the definition of "significant" in 9VAC5

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- 1615 C.4. Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

a. The stationary s ource 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 CO 2 e or more; or b. The stationary source is an existing major stationary source for a regulated NSR pol lutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO 2 e or more. 5. Beginning July 1, 2011, in addition to the provisions in subdivision 4 of this definition, the pollutan t 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 CO 2 e; or b. At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 e, when such stationary s ource undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO 2 e 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

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- 800 C, the requirements of Article 5 (9VAC5

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- 800 et seq.) of Part I I 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 NotesDerived 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

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- 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

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- 5 (Definitions), or commonly ascribed to them by recogn ized 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. An y 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 protecti on. 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 t o 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 r egulation." "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, tha t requires actual control of the quantity of emissions of that pollutant, and thatsuch 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.