Douglas W. Domenech 

Secretary ofNatural Resources 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Street address: 629 East Main Street, Richmond, Virginia 2321 9 

Mailing address: P.O. Box 1105, Richmond, Virginia 23218 

TDD (804) 698-4021 

www .deq. virgii1.ia.gov 

JUt 2 5 2013 

Ms. Diana Esher, Director 

Air Protection Division (3APOO) 

U.S. Envirorunental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

David K. Paylor 

Director 

(804) 698-4020 

1-800-592-5482 

Reference: Major New 

Source Review Permits 

(Rev. Al3) 

Dear Ms. Esher: 

Pursuant to the requirements of § 11 0 of the Clean Air Act, we are officiaJly requesting 

approval of a revision to the Commonwealth of Virginia State Implementation Plan (SIP) 

approved and submitted under the authority of§ 10.1-1185 of the Code of Virginia and in 

accordahce with the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans). 

This revision consists of revising the definition of ''regulated NSR pollutant" to remove 

the term "particulate matter emissions" from the requirement to include the condensable 

particulate matter fraction as promulgated by EPA on October 25,2012 (77 FR 65107). EPA has 

determined that only PM10 and PM2.5 may include condensable PM, unless a specific NSPS or 

applicable implementation plan otherwise requires the condensable portion to be included. A 

minor typographical error was also corrected. The regulation amendments were adopted by the 

State Air Pollution Control Board on March 13,2013 under the authority of§ 10.1-1308 of the 

Code of Virginia. 

Enclosed are the following: 

1. A 1rue copy of the official regulation (Revision A13) which was published in the 

Virginia Register of Regulations on April22, 2013 after being duly adopted by the State Air 
Pollution Control Board on March 13, 2013, certified by the Office of the Attorney General as 

within the Board's statutory authority on March 20,2013 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 March 

20,2013. 

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. 

~:Jrt;l David K. Paylor ~ DKP\kgs 

TEMPLATES\SIP·REG\REGOO 

SIP\NONA TTN PLANS\201 3\A 1 3-SIP.DOC 

Enclosures 
ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION A13

CONCERNING

MAJOR NEW SOURCE REVIEW PERMITS

(9VAC5 CHAPTER 80)

Adoption Date: March 13, 2013

Effective Date: May 22, 2013

The following table lists the specific provisions of the attached regulations that will be 

used to implement the State Implementation Plan (SIP). A copy of the actual 

regulations submitted for approval and incorporation by reference into the Virginia SIP 

are included in Enclosure 2.

CHAPTER 80 PERMITS FOR STATIONARY SOURCES

PART II Permit Procedures

ARTICLE 8 PERMITS FOR MAJOR STATIONARY SOURCES AND MAJOR 

MODIFICATIONS LOCATING IN PREVENTION OF SIGNIFICANT 

DETERIORATION AREAS

9VAC5-80-1615 Definitions (modified)

TEMPLATES\SIP-REG\REG01

SIP\NONATTN PLANS\2013\A13-SIP-1.DOC
COMMONWEALTH OF VIRGINIA PAGE 1 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

9VAC5 CHAPTER 80.

PERMITS FOR STATIONARY SOURCES.

Part II.

Permit Procedures.

ARTICLE 8.

Permits for Major Stationary Sources and Major Modifications Locating

in Prevention of Significant Deterioration Areas.

(replaces Article 8 [9VAC5-80-1700 et seq.])

9VAC5-80-1615. Definitions.

A. As used in this article, all words or terms not defined herein shall have the 

meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by 

context.

B. For the purpose of this article, 9VAC5-80-280 9VAC5-50-280 and applying 

this article 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 

subsection C of this section:

C. Terms defined.

"Actual emissions" means the actual rate of emissions of a regulated NSR 

pollutant from an emissions unit, as determined in accordance with subdivisions a 

through c of this definition, except that this definition shall not apply for calculating 

whether a significant emissions increase has occurred, or for establishing a PAL under 

9VAC5-80-1865. Instead, the definitions of "projected actual emissions" and "baseline 

actual emissions" shall apply for those purposes.

a. In general, actual emissions as of a particular date shall equal 

the average rate, in tons per year, at which the unit actually emitted the pollutant during 

a consecutive 24-month period that precedes the particular date and that is 

representative of normal source operation. The board will allow the use of a different 

time period upon a determination that it is more representative of normal source 

operation. Actual emissions shall be calculated using the unit's actual operating hours, 

production rates, and types of materials processed, stored, or combusted during the 

selected time period.

b. The board may presume that source-specific allowable 

emissions for the unit are equivalent to the actual emissions of the unit.
COMMONWEALTH OF VIRGINIA PAGE 2 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

c. For any emissions unit that has not begun normal operations on 

the particular date, actual emissions shall equal the potential to emit of the unit on that 

date.

"Actuals PAL for a major stationary source" means 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.

"Administrator" means the administrator of the U.S. Environmental 

Protection Agency (EPA) or an authorized representative.

"Adverse impact on visibility" means visibility impairment that interferes 

with the management, protection, preservation or enjoyment of the visitor's visual 

experience of the federal class I area. This determination shall be made on a 

case-by-case basis taking into account the geographic extent, intensity, duration, 

frequency and time of visibility impairment, and how these factors correlate with (i) 

times of visitor use of the federal class I areas, and (ii) the frequency and timing of 

natural conditions that reduce visibility.

"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 and state enforceable limits that restrict the operating rate, or hours 

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

a. The applicable standards as set forth in 40 CFR Parts 60, 61, 

and 63;

b. The applicable implementation plan emissions limitation 

including those with a future compliance date; or

c. The emissions limit specified as a federally and state 

enforceable permit condition, including those with a future compliance date.

For the purposes of actuals PALs, "allowable emissions" shall also be calculated 

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

emissions unit's potential to emit.

"Applicable federal requirement" means all of, but not limited to, the 

following as they apply to emissions units in a source subject to this article (including 

requirements that have been promulgated or approved by the administrator through 

rulemaking at the time of permit issuance but have future-effective compliance dates):
COMMONWEALTH OF VIRGINIA PAGE 3 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

a. Any standard or other requirement provided for in an 

implementation plan established pursuant to § 110 or § 111(d) of the federal Clean Air 

Act, including any source-specific provisions such as consent agreements or orders.

b. Any limit or condition in any construction permit issued under the 

new source review program or in any operating permit issued pursuant to the state 

operating permit program.

c. Any emission standard, alternative emission standard, alternative 

emission limitation, equivalent emission limitation or other requirement established 

pursuant to § 112 or § 129 of the federal Clean Air Act as amended in 1990.

d. Any new source performance standard or other requirement 

established pursuant to § 111 of the federal Clean Air Act, and any emission standard 

or other requirement established pursuant to § 112 of the federal Clean Air Act before it 

was amended in 1990.

e. Any limitations and conditions or other requirement in a Virginia 

regulation or program that has been approved by EPA under subpart E of 40 CFR Part 

63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.

f. Any requirement concerning accident prevention under § 

112(r)(7) of the federal Clean Air Act.

g. Any compliance monitoring requirements established pursuant to 

either § 504(b) or § 114(a)(3) of the federal Clean Air Act.

h. Any standard or other requirement for consumer and commercial 

products under § 183(e) of the federal Clean Air Act.

i. Any standard or other requirement for tank vessels under § 183(f) 

of the federal Clean Air Act.

j. Any standard or other requirement in 40 CFR Part 55 to control 

air pollution from outer continental shelf sources.

k. Any standard or other requirement of the regulations 

promulgated to protect stratospheric ozone under Title VI of the federal Clean Air Act 

unless the administrator has determined that such requirements need not be contained 

in a permit issued under this article.
COMMONWEALTH OF VIRGINIA PAGE 4 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

l. With regard to temporary sources subject to 9VAC5-80-130, (i) 

any ambient air quality standard, except applicable state requirements, and (ii) 

requirements regarding increments or visibility as provided in this article.

"Baseline actual emissions" means the rate of emissions, in tons per year, 

of a regulated NSR pollutant, as determined in accordance with the following:

a. For any existing electric utility steam generating unit, baseline 

actual emissions means the average rate, in tons per year, at which the unit actually 

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

within the five-year period immediately preceding when 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 any 

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

period.

(3) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month period shall be used to 

determine the baseline actual emissions for the emissions units being changed. The 

same consecutive 24-month period shall be used for each different regulated NSR 

pollutant unless the owner can demonstrate to the satisfaction of the board that a 

different consecutive 24-month period for a different pollutant or pollutants is more 

appropriate due to extenuating circumstances.

(4) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount if required by subdivision a 

(2) of this definition.

b. For an existing emissions unit (other than an electric utility steam 

generating unit), baseline actual emissions means the average rate, in tons per year, at 

which the emissions unit actually emitted the pollutant 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 article, 
COMMONWEALTH OF VIRGINIA PAGE 5 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

whichever is earlier, except that the five-year period shall not include any period earlier 

than November 15, 1990. 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 any 

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 major 

stationary source must currently comply, had such major stationary source been 

required to comply with such limitations during the consecutive 24-month period.

However, if an emission limitation is part of a maximum achievable control technology 

standard that the administrator proposed or promulgated under 40 CFR Part 63, the 

baseline actual emissions need only be adjusted if the board has taken credit for such 

emissions reductions in an attainment demonstration or maintenance plan consistent 

with the requirements of 9VAC5-80-2120 K.

(4) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month period shall be used to 

determine the baseline actual emissions for all the emissions units being changed. The 

same consecutive 24-month period shall be used for each different regulated NSR 

pollutant unless the owner can demonstrate to the satisfaction of the board that a 

different consecutive 24-month period for a different pollutant or pollutants is more 

appropriate due to extenuating circumstances.

(5) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount if required by subdivisions b 

(2) and (3) of this definition.

c. For a new emissions unit, the baseline actual emissions for 

purposes of determining the emissions increase that will result from the initial 

construction and operation of such unit shall equal zero; and thereafter, for all other 

purposes, shall equal the unit's potential to emit.

d. For a PAL for a stationary source, the baseline actual emissions 
COMMONWEALTH OF VIRGINIA PAGE 6 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

shall be calculated for existing electric utility steam generating units in accordance with 

the procedures contained in subdivision a of this definition, for other existing emissions 

units in accordance with the procedures contained in subdivision b of this definition, and 

for a new emissions unit in accordance with the procedures contained in subdivision c 

of this subsection. 

"Baseline area"

a. Means any intrastate area (and every part thereof) designated 

as attainment or unclassifiable under § 107(d)(1)(A)(ii) or (iii) of the federal Clean Air 

Act in which the major source or major modification establishing the minor source 

baseline date would construct or would have an air quality impact for the pollutant for 

which the baseline date is established, as follows: (i) for SO2, NO2, or PM10, equal to or 

greater than 1 μg/m3 (annual average); or (ii) for PM2.5, equal to or greater than 0.3 

μg/m3 (annual average).

b. Area redesignations under § 107(d)(1)(A)(ii) or (iii) of the federal 

Clean Air Act cannot intersect or be smaller than the area of impact of any major 

stationary source or major modification that:

(1) Establishes a minor source baseline date; or

(2) Is subject to this article or 40 CFR 52.21 and would be 

constructed in the same state as the state proposing the redesignation.

c. Any baseline area established originally for the TSP increments 

shall remain in effect and shall apply for purposes of determining the amount of 

available PM10 increments, except that such baseline area shall not remain in effect if 

the board rescinds the corresponding minor source baseline date in accordance with 

subdivision d of the definition of "baseline date."

"Baseline concentration"

a. Means that ambient concentration level that exists in the 

baseline area at the time of the applicable minor source baseline date. A baseline 

concentration is determined for each pollutant for which a minor source baseline date is 

established and shall include:

(1) The actual emissions representative of sources in 

existence on the applicable minor source baseline date, except as provided in 

subdivision b of this definition; and
COMMONWEALTH OF VIRGINIA PAGE 7 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

(2) The allowable emissions of major stationary sources that 

commenced construction before the major source baseline date, but were not in 

operation by the applicable minor source baseline date.

b. The following will not be included in the baseline concentration 

and will affect the applicable maximum allowable increase(s):

(1) Actual emissions from any major stationary source on 

which construction commenced after the major source baseline date; and

(2) Actual emissions increases and decreases at any 

stationary source occurring after the minor source baseline date.

"Baseline date"

a. "Major source baseline date" means:

(1) In the case of PM10 and sulfur dioxide, January 6, 1975, 

and

(2) In the case of nitrogen dioxide, February 8, 1988; and

(3) In the case of PM2.5, October 20, 2010.

b. "Minor source baseline date" means the earliest date after the 

trigger date on which a major stationary source or a major modification subject to this 

article submits a complete application under this article. The trigger date is:

(1) In the case of PM10 and sulfur dioxide, August 7, 1977, 

and

(2) In the case of nitrogen dioxide, February 8, 1988; and

(3) In the case of PM2.5, October 20, 2011.

c. The baseline date is established for each pollutant for which 

increments or other equivalent measures have been established if:

(1) The area in which the proposed source or modification 

would construct is designated as attainment or unclassifiable under § 107(d)(1)(A)(ii) or 

(iii) of the federal Clean Air Act for the pollutant on the date of its complete application 

under this article or 40 CFR 52.21; and
COMMONWEALTH OF VIRGINIA PAGE 8 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

(2) In the case of a major stationary source, the pollutant 

would be emitted in significant amounts, or, in the case of a major modification, there 

would be a significant net emissions increase of the pollutant.

d. Any minor source baseline date established originally for the 

TSP increments shall remain in effect and shall apply for purposes of determining the 

amount of available PM10 increments, except that the board may rescind any such 

minor source baseline date where it can be shown, to the satisfaction of the board, that 

the emissions increase from the major stationary source, or the net emissions increase 

from the major modification, responsible for triggering that date did not result in a 

significant amount of PM10 emissions.

"Begin actual construction" means, in general, initiation of physical on-site 

construction activities on an emissions unit that are of a permanent nature. Such 

activities include, but are not limited to, installation of building supports and foundations, 

laying of underground pipework, and construction of permanent storage structures.

With respect to a change in method of operation, this term refers to those on-site 

activities other than preparatory activities that mark the initiation of the change.

"Best available control technology" means an emissions limitation 

(including a visible emissions standard) based on the maximum degree of reduction for 

each regulated NSR pollutant that would be emitted from any proposed major 

stationary source or major modification that 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 or modification through 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 that would exceed the emissions allowed by any applicable standard under 40 

CFR Parts 60, 61, and 63. If the board determines that technological or economic 

limitations on the application of measurement methodology to a particular emissions 

unit would make the imposition of an emissions standard infeasible, a design, 

equipment, work practice, operational standard, or combination thereof, may be 

prescribed instead to satisfy the requirement for the application of best available control 

technology. Such standard shall, to the degree possible, set forth the emissions 

reduction achievable by implementation of such design, equipment, work practice or 

operation, and shall provide for compliance by means that achieve equivalent results.

"Building, structure, facility or installation" means all of the 

pollutant-emitting activities that belong to the same industrial grouping, are located on 

one or more contiguous or adjacent properties, and are under the control of the same 
COMMONWEALTH OF VIRGINIA PAGE 9 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

person (or persons under common control) except the activities of any vessel.

Pollutant-emitting activities shall be considered as part of the same industrial grouping if 

they belong to the same "Major Group" (i.e., that have the same first two-digit code) as 

described in the Standard Industrial Classification Manual (see 9VAC5-20-21).

"Clean coal technology" means any technology, including technologies 

applied at the precombustion, combustion, or post-combustion stage, at a new or 

existing facility that will achieve significant reductions in air emissions of sulfur dioxide 

or oxides of nitrogen associated with the utilization of coal in the generation of 

electricity, or process steam that was not in widespread use as of November 15, 1990.

"Clean coal technology demonstration project" means a project using 

funds appropriated under the heading "Department of Energy-Clean Coal Technology," 

up to a total amount of $2,500,000,000 for commercial demonstration of clean coal 

technology, or similar projects funded through appropriations for EPA. The federal 

contribution for a qualifying project shall be at least 20% of the total cost of the 

demonstration project.

"Commence" as applied to construction of a major stationary source or 

major modification, means that the owner has all necessary preconstruction approvals 

or permits and either has:

a. Begun, or caused to begin, a continuous program of actual 

on-site construction of the source, to be completed within a reasonable time; or

b. Entered into binding agreements or contractual obligations, that 

cannot be canceled or modified without substantial loss to the owner, to undertake a 

program of actual construction of the source, to be completed within a reasonable time.

"Complete" means, in reference to an application for a permit, that the 

application contains all of the information necessary for processing the application and 

the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met.

Designating an application complete for the purposes of permit processing does not 

preclude the board from requesting or accepting any additional information.

"Construction" means any physical change or change in the method of 

operation (including fabrication, erection, installation, demolition, or modification of an 

emissions unit) that would result in a change in emissions.

"Continuous emissions monitoring system" or "CEMS" means all of the 

equipment that may be required to meet the data acquisition and availability 

requirements of this article, to sample, condition (if applicable), analyze, and provide a 
COMMONWEALTH OF VIRGINIA PAGE 10 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

record of emissions on a continuous basis.

"Continuous emissions rate monitoring system" or "CERMS" means the 

total equipment required for the determination and recording of the pollutant mass 

emissions rate (in terms of mass per unit of time).

"Continuous parameter monitoring system" or "CPMS" means all of the 

equipment necessary to meet the data acquisition and availability requirements of this 

article, to monitor process and control device operational parameters (for example, 

control device secondary voltages and electric currents) and other information (for 

example, gas flow rate, O2 or CO2 concentrations), and to record average operational 

parameter value(s) on a continuous basis.

"Electric utility steam generating unit" means any steam electric 

generating unit that is constructed for the purpose of supplying more than one-third of 

its potential electric output capacity and more than 25 MW electrical output to any utility 

power distribution system for sale. Any steam supplied to a steam distribution system 

for the purpose of providing steam to a steam-electric generator that would produce 

electrical energy for sale is also considered in determining the electrical energy output 

capacity of the affected facility.

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

have the potential to emit any regulated NSR pollutant and includes an electric utility 

steam generating unit. For purposes of this definition, 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 is not a new 

emissions unit.

"Enforceable as a practical matter" means that the permit contains 

emission limitations that are enforceable by the board or the department and meet the 

following criteria:

a. Are permanent;

b. Contain a legal obligation for the owner to adhere to the terms 

and conditions;

c. Do not allow a relaxation of a requirement of the implementation 

plan;

d. Are technically accurate and quantifiable;
COMMONWEALTH OF VIRGINIA PAGE 11 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

e. Include averaging times or other provisions that allow at least 

monthly (or a shorter period if necessary to be consistent with the implementation plan) 

checks on compliance. This may include, but not be limited to, the following: 

compliance with annual limits on a rolling basis, monthly or shorter limits, and other 

provisions consistent with this article and other regulations of the board; and

f. Require a level of recordkeeping, reporting and monitoring 

sufficient to demonstrate compliance.

"Federal land manager" means, with respect to any lands in the United 

States, the secretary of the department with authority over such lands.

"Federally enforceable" means all limitations and conditions that are 

enforceable by the administrator and citizens under the federal Clean Air Act or that are 

enforceable under other statutes administered by the administrator. Federally 

enforceable limitations and conditions include, but are not limited to, the following:

a. Emission standards, alternative emission standards, alternative 

emission limitations, and equivalent emission limitations established pursuant to § 112 

of the federal Clean Air Act as amended in 1990.

b. New source performance standards established pursuant to § 

111 of the federal Clean Air Act, and emission standards established pursuant to § 112 

of the federal Clean Air Act before it was amended in 1990.

c. All terms and conditions (unless expressly designated as not 

federally enforceable) in a federal operating permit, including any provisions that limit a 

source's potential to emit.

d. Limitations and conditions that are part of an implementation 

plan established pursuant to § 110, § 111(d) or § 129 of the federal Clean Air Act.

e. Limitations and conditions (unless expressly designated as not 

federally enforceable) that are part of a federal construction permit issued under 40 

CFR 52.21 or a new source review permit issued under regulations approved by the 

EPA into the implementation plan.

f. Limitations and conditions (unless expressly designated as not 

federally enforceable) that are part of a state operating permit where the permit and the 

permit program pursuant to which it was issued meet all of the following criteria:
COMMONWEALTH OF VIRGINIA PAGE 12 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

(1) The operating permit program has been approved by the 

EPA into the implementation plan under § 110 of the federal Clean Air Act;

(2) The operating permit program imposes a legal obligation 

that operating permit holders adhere to the terms and limitations of such permits and 

provides that permits that do not conform to the operating permit program requirements 

and the requirements of EPA’s underlying regulations may be deemed not “federally 

enforceable” by EPA;

(3) The operating permit program requires that all emission 

limitations, controls, and other requirements imposed by such permits will be at least as 

stringent as any other applicable limitations and requirements contained in the 

implementation plan or enforceable under the implementation plan, and that the 

program may not issue permits that waive, or make less stringent, any limitations or 

requirements contained in or issued pursuant to the implementation plan, or that are 

otherwise “federally enforceable”;

(4) The limitations, controls, and requirements in the permit 

in question are permanent, quantifiable, and otherwise enforceable as a practical 

matter; and

(5) The permit in question was issued only after adequate 

and timely notice and opportunity for comment by the EPA and the public.

g. Limitations and conditions in a regulation of the board or 

program that has been approved by the EPA under subpart E of 40 CFR Part 63 for the 

purposes of implementing and enforcing § 112 of the federal Clean Air Act.

h. Individual consent agreements that the EPA has legal authority 

to create.

"Federal operating permit" means a permit issued under the federal 

operating permit program.

“Federal operating permit program” means an operating permit system (i) 

for issuing terms and conditions for major stationary sources, (ii) established to 

implement the requirements of Title V of the federal Clean Air Act and associated 

regulations, and (iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-

310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of 

this part.

"Fugitive emissions" means those emissions that could not reasonably 
COMMONWEALTH OF VIRGINIA PAGE 13 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

pass through a stack, chimney, vent, or other functionally equivalent opening.

"High terrain" means any area having an elevation 900 feet or more above 

the base of the stack of a source.

"Indian governing body" means the governing body of any tribe, band, or 

group of Indians subject to the jurisdiction of the United States and recognized by the 

United States as possessing power of self-government.

"Indian reservation" means any federally recognized reservation 

established by treaty, agreement, executive order, or act of Congress.

"Innovative control technology" means any system of air pollution control 

that has not been adequately demonstrated in practice, but would have substantial 

likelihood of achieving greater continuous emissions reduction than any control system 

in current practice or of achieving at least comparable reductions at lower cost in terms 

of energy, economics, or nonair quality environmental impacts.

"Lowest achievable emission rate" or "LAER" is as defined in 9VAC5-80-

2010 C.

"Locality particularly affected" means any locality that bears any identified 

disproportionate material air quality impact that would not be experienced by other 

localities.

"Low terrain" means any area other than high terrain.

"Major emissions unit" means (i) any emissions unit that emits or has the 

potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; 

or (ii) any emissions unit that emits or has the potential to emit the PAL pollutant for 

nonattainment areas in an amount that is equal to or greater than the major source 

threshold for the PAL pollutant in subdivision a (1) of the definition of “major stationary 

source” in 9VAC5-80-2010 C.

"Major modification"

a. Means any physical change in or change in the method of 

operation of a major stationary source that would result in a significant emissions 

increase of a regulated NSR pollutant, and a significant net emissions increase of that 

pollutant from the major stationary source.

b. Any significant emissions increase from any emissions units or 
COMMONWEALTH OF VIRGINIA PAGE 14 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

net emissions increase at a major stationary source that is significant for volatile organic 

compounds or NOX shall be considered significant for ozone.

c. A physical change or change in the method of operation shall not 

include the following:

(1) Routine maintenance, repair and replacement.

(2) Use of an alternative fuel or raw material by reason of an 

order under § 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 

1974 (or any superseding legislation) or by reason of a natural gas curtailment plant 

pursuant to the Federal Power Act.

(3) Use of an alternative fuel by reason of any order or rule 

under § 125 of the federal Clean Air Act.

(4) Use of an alternative fuel at a steam generating unit to 

the extent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary 

source that:

(a) The source was capable of accommodating 

before January 6, 1975, unless such change would be prohibited under any federally 

and state enforceable permit condition that was established after January 6, 1975 

pursuant to 40 CFR 52.21 or this chapter; or

(b) The source is approved to use under any permit 

issued under 40 CFR 52.21 or this chapter.

(6) An increase in the hours of operation or in the production 

rate, unless such change is prohibited under any federally and state enforceable permit 

condition that was established after January 6, 1975 pursuant to 40 CFR 52.21 or this 

chapter.

(7) Any change in ownership at a stationary source.

(8) The installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, provided that the project 

complies with:

(a) The applicable implementation plan, and
COMMONWEALTH OF VIRGINIA PAGE 15 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

(b) Other requirements necessary to attain and 

maintain the ambient air quality standards during the project and after it is terminated.

(9) The installation or operation of a permanent clean coal 

technology demonstration project that constitutes repowering, provided that the project

does not result in an increase in the potential to emit of any regulated pollutant emitted 

by the unit. This exemption shall apply on a pollutant-by-pollutant basis.

(10) The reactivation of a very clean coal-fired electric utility 

steam generating unit.

d. This definition shall not apply with respect to a particular 

regulated NSR pollutant when the major stationary source is complying with the 

requirements under 9VAC5-80-1865 for a PAL for that pollutant. Instead, the definition 

of "PAL major modification" shall apply.

“Major new source review (NSR) permit” means a permit issued under the 

major new source review program.

"Major new source review (major NSR) program" means a preconstruction 

review and permit program (i) for new major stationary sources or major modifications 

(physical changes or changes in the method of operation), (ii) established to implement 

the requirements of §§ 112, 165 and 173 of the federal Clean Air Act and associated 

regulations, and (iii) codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-

1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.

"Major stationary source"

a. Means:

(1) Any of the following stationary sources of air pollutants 

that emits, or has the potential to emit, 100 tons per year or more of any regulated NSR 

pollutant:

(a) Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input.

(b) Coal cleaning plants (with thermal dryers).

(c) Kraft pulp mills.
COMMONWEALTH OF VIRGINIA PAGE 16 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

(d) Portland cement plants.

(e) Primary zinc smelters.

(f) Iron and steel mill plants.

(g) Primary aluminum ore reduction plants.

(h) Primary copper smelters.

(i) Municipal incinerators capable of charging more 

than 250 tons of refuse per day.

(j) Hydrofluoric acid plants.

(k) Sulfuric acid plants.

(l) Nitric acid plants.

(m) Petroleum refineries.

(n) Lime plants.

(o) Phosphate rock processing plants.

(p) Coke oven batteries.

(q) Sulfur recovery plants.

(r) Carbon black plants (furnace process).

(s) Primary lead smelters.

(t) Fuel conversion plants.

(u) Sintering plants.

(v) Secondary metal production plants.

(w) Chemical process plants (which does not include 

ethanol production facilities that produce ethanol by natural fermentation included in 

NAICS codes 325193 or 312140).
COMMONWEALTH OF VIRGINIA PAGE 17 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

(x) Fossil fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat input.

(y) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels.

(z) Taconite ore processing plants.

(aa) Glass fiber processing plants.

(bb) Charcoal production plants.

(2) Notwithstanding the stationary source size specified in 

subdivision a (1) of this definition, any stationary source that emits, or has the potential 

to emit, 250 tons per year or more of a regulated NSR pollutant; or

(3) Any physical change that would occur at a stationary 

source not otherwise qualifying under subdivision a (1) or a (2) of this definition as a 

major stationary source, if the change would constitute a major stationary source by 

itself.

b. A major stationary source that is major for volatile organic 

compounds or NOX shall be considered major for ozone.

c. The fugitive emissions of a stationary source shall not be 

included in determining for any of the purposes of this article whether it is a major 

stationary source, unless the source belongs to one of the following categories of 

stationary sources:

(1) Coal cleaning plants (with thermal dryers).

(2) Kraft pulp mills.

(3) Portland cement plants.

(4) Primary zinc smelters.

(5) Iron and steel mills.

(6) Primary aluminum ore reduction plants.
COMMONWEALTH OF VIRGINIA PAGE 18 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

(7) Primary copper smelters.

(8) Municipal incinerators capable of charging more than 250 

tons of refuse per day.

(9) Hydrofluoric, sulfuric, or nitric acid plants.

(10) Petroleum refineries.

(11) Lime plants.

(12) Phosphate rock processing plants.

(13) Coke oven batteries.

(14) Sulfur recovery plants.

(15) Carbon black plants (furnace process).

(16) Primary lead smelters.

(17) Fuel conversion plants.

(18) Sintering plants.

(19) Secondary metal production plants.

(20) Chemical process plants (which does not include 

ethanol production facilities that produce ethanol by natural fermentation included in 

NAICS codes 325193 or 312140).

(21) Fossil-fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat input.

(22) Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels.

(23) Taconite ore processing plants.

(24) Glass fiber processing plants.

(25) Charcoal production plants.
COMMONWEALTH OF VIRGINIA PAGE 19 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

(26) Fossil fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input.

(27) Any other stationary source category that, as of August

7, 1980, is being regulated under 40 CFR Parts 60 and 61.

“Minor new source review (NSR) permit” means a permit issued under the 

minor new source review program.

"Minor new source review (minor 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) that are not subject to review under the 

major new source review program, (ii) established to implement the requirements of §§ 

110 (a)(2)(C) and 112 of the federal Clean Air Act and associated regulations, and (iii) 

codified in Article 6 (9VAC5-80-1100 et seq.) of this part.

"Necessary preconstruction approvals or permits" means those permits 

required under NSR programs that are part of the applicable implementation plan.

"Net emissions increase"

a. Means, with respect to any regulated NSR pollutant emitted by a 

major stationary source, the amount by which the sum of the following exceeds zero:

(1) The increase in emissions from a particular physical 

change or change in the method of operation at a stationary source as calculated 

pursuant to 9VAC5-80-1605 G; and

(2) Any other increases and decreases in actual emissions 

at the major stationary source that are contemporaneous with the particular change and 

are otherwise creditable. Baseline actual emissions for calculating increases and 

decreases under this subdivision shall be determined as provided in the definition of 

"baseline actual emissions," except that subdivisions a (3) and b (4) of that definition 

shall not apply.

b. An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only if it occurs 

between:

(1) The date five years before construction on the particular 

change commences; and
COMMONWEALTH OF VIRGINIA PAGE 20 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

(2) The date that the increase from the particular change 

occurs.

c. An increase or decrease in actual emissions is creditable only if 

(i) it occurs between the date five years before construction on the particular change 

commences and the date that the increase from the particular change occurs, and (ii) 

the board has not relied on it in issuing a permit for the source under this article (or the 

administrator under 40 CFR 52.21), which permit is in effect when the increase in actual 

emissions from the particular change occurs.

d. An increase or decrease in actual emissions of sulfur dioxide, 

particulate matter, or nitrogen oxides that occurs before the applicable minor source 

baseline date is creditable only if it is required to be considered in calculating the 

amount of maximum allowable increases remaining available.

e. An increase in actual emissions is creditable only to the extent 

that the new level of actual emissions exceeds the old level.

f. A decrease in actual emissions is creditable only to the extent 

that:

(1) The old level of actual emissions or the old level of 

allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(2) It is enforceable as a practical matter at and after the 

time that actual construction on the particular change begins; and

(3) It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase from the particular change.

g. An increase that results from a physical change at a source 

occurs when the emissions unit on which construction occurred becomes operational 

and begins to emit a particular pollutant. Any replacement unit that requires shakedown 

becomes operational only after a reasonable shakedown period, not to exceed 180 

days.

h. Subdivision a of the definition of "actual emissions" shall not 

apply for determining creditable increases and decreases.

“New source review (NSR) permit” means a permit issued under the new 

source review program.
COMMONWEALTH OF VIRGINIA PAGE 21 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

"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 this part.

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

expressed in tons per year, for a pollutant at a major stationary source, that is 

enforceable as a practical matter and established sourcewide in accordance with 

9VAC5-80-1865.

"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, 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 state operating permit issued by the board that 

establishes a PAL for a major stationary source.

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

major stationary source.

"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 and state enforceable. 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 
COMMONWEALTH OF VIRGINIA PAGE 22 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

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.

"Predictive emissions monitoring system" or "PEMS" means all of the 

equipment necessary to monitor process and control device operational parameters (for 

example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the 

mass emissions rate (for example, pounds per hour) on a continuous basis.

"Project" means a physical change in, or change in the method of 

operation of, an existing major stationary source.

"Projected actual emissions" means the maximum annual rate, in tons per 

year, at which an existing emissions unit is projected to emit a regulated NSR pollutant 

in any one of the five years (12-month period) following the date the unit resumes 

regular operation after the project, or in any one of the 10 years following that date, if 

the project involves increasing the emissions unit's design capacity or its potential to 

emit that regulated NSR pollutant and full utilization of the unit would result in a 

significant emissions increase or a significant net emissions increase at the major 

stationary source. In determining the projected actual emissions (before beginning 

actual construction), the owner of the major stationary source:

a. Shall consider all relevant information, including but not limited 

to, historical operational data, the company's own representations, the company's 

expected business activity and the company's highest projections of business activity, 

the company's filings with the state or federal regulatory authorities, and compliance 

plans under the approved implementation plan;

b. Shall include fugitive emissions to the extent quantifiable and 

emissions associated with startups, shutdowns, and malfunctions; and

c. Shall exclude, in calculating any increase in emissions that 

results from the particular project, that portion of the unit's emissions following the 

project that an existing unit could have emitted during the consecutive 24-month period 

used to establish the baseline actual emissions and that are also unrelated to the 

particular project, including any increased utilization due to product demand growth, 

provided such exclusion shall not reduce any calculated increases in emissions that are 

caused by, result from, or are related to the particular project; or
COMMONWEALTH OF VIRGINIA PAGE 23 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

d. In lieu of using the method set out in subdivisions a through c of 

this definition, may elect to use the emissions unit's potential to emit, in tons per year.

"Reactivation of a very clean coal-fired electric utility steam generating 

unit" means any physical change or change in the method of operation associated with 

the commencement of commercial operations by a coal-fired utility unit after a period of 

discontinued operation where the unit:

a. Has not been in operation for the two-year period prior to the 

enactment of the federal Clean Air Act Amendments of 1990, and the emissions from 

such unit continue to be carried in the department's emissions inventory at the time of 

enactment;

b. Was equipped prior to shut-down with a continuous system of 

emissions control that achieves a removal efficiency for sulfur dioxide of no less than 

85% and a removal efficiency for particulates of no less than 98%;

c. Is equipped with low-NOX burners prior to the time of 

commencement of operations following reactivation; and

d. Is otherwise in compliance with the requirements of the federal 

Clean Air Act.

"Reasonably available control technology" or "RACT" means the lowest 

emission limit that a particular source is capable of meeting by the application of control 

technology that is reasonably available, considering technological and economic 

feasibility.

"Regulated NSR pollutant" means:

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

promulgated and any pollutant identified under this subdivision as a constituent or 

precursor to such pollutant. This includes, but is not limited to, the following.

(1) PM2.5 emissions and PM10 emissions shall include 

gaseous emissions from a source or activity that condense to form particulate matter at 

ambient temperatures. On or after January 1, 2011, such condensable particulate 

matter shall be accounted for in applicability determinations and in establishing 

emissions limitations for PM2.5 and PM10 issued under this article. Compliance with 

emissions limitations for PM2.5 and PM10 issued prior to this date shall not be based on 

condensable particulate matter unless required by the terms and conditions of the 

permit. Applicability determinations made prior to this date without accounting for 
COMMONWEALTH OF VIRGINIA PAGE 24 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

condensable particulate matter shall not be considered in violation of this article.

(2) Any pollutant identified under this subdivision as a constituent 

or precursor to a pollutant for which an ambient air quality standard has been 

promulgated. Precursors identified for the purposes of this article shall be the following:

(1) (a) Volatile organic compounds and nitrogen oxides are 

precursors to ozone in all attainment and unclassifiable areas.

(2) (b) Sulfur dioxide is a precursor to PM2.5 in all attainment 

and unclassifiable areas.

(3) (c) Nitrogen oxides are presumed to be precursors to 

PM2.5 in all attainment and unclassifiable areas, unless the board determines that 

emissions of nitrogen oxides from sources in a specific area are not a significant 

contributor to that area's ambient PM2.5 concentrations.

(4) (d) Volatile organic compounds are presumed not to be 

precursors to PM2.5 in any attainment or unclassifiable area, unless the board 

determines that emissions of volatile organic compounds from sources in a specific 

area are a significant contributor to that area's ambient PM2.5 concentrations.

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

§ 111 of the federal Clean Air Act.

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

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

d. Particulate matter emissions, PM2.5 emissions, and PM10

emissions shall include gaseous emissions from a source or activity that condense to 

form particulate matter at ambient temperatures. On or after January 1, 2011, such 

condensable particulate matter shall be accounted for in applicability determinations 

and in establishing emissions limitations for particulate matter, PM2.5 and PM10 in 

permits issued under this article. Compliance with emissions limitations for particulate 

matter, PM2.5 and PM10 issued prior to this date shall not be based on condensable 

particulate matter unless required by the terms and conditions of the permit. 

Applicability determinations made prior to this date without accounting for condensable 

particulate matter shall not be considered in violation of this article.

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

federal Clean Air Act; except that 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), which have 
COMMONWEALTH OF VIRGINIA PAGE 25 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

not been delisted pursuant to § 112(b)(3), are not regulated NSR pollutants 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.

"Repowering" means:

a. Replacement of an existing coal-fired boiler with one of the 

following clean coal technologies: atmospheric or pressurized fluidized bed combustion, 

integrated gasification combined cycle, magnetohydrodynamics, direct and indirect 

coal-fired turbines, integrated gasification fuel cells, or as determined by the 

administrator, in consultation with the Secretary of Energy, a derivative of one or more 

of these technologies, and any other technology capable of controlling multiple 

combustion emissions simultaneously with improved boiler or generation efficiency and 

with significantly greater waste reduction relative to the performance of technology in 

widespread commercial use as of November 15, 1990.

b. Repowering shall also include any oil and/or gas-fired unit which 

has been awarded clean coal technology demonstration funding as of January 1, 1991, 

by the Department of Energy.

c. The board may give expedited consideration to permit 

applications for any source that satisfies the requirements of this definition and is 

granted an extension under § 409 of the federal Clean Air Act.

"Secondary emissions" means emissions that would occur as a result of 

the construction or operation of a major stationary source or major modification, but do 

not come from the major stationary source or major modification itself. For the purpose 

of this article, secondary emissions shall be specific, well defined, quantifiable, and 

affect the same general area as the stationary source or modification that causes the 

secondary emissions. Secondary emissions include emissions from any offsite support 

facility that would not be constructed or increase its emissions except as a result of the 

construction or operation of the major stationary source or major modification.

Secondary emissions do not include any emissions that come directly from a mobile 

source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a 

vessel. 

"Significant" means:

a. In reference to a net emissions increase or the potential of a 

source to emit any of the following pollutants, a rate of emissions that would equal or 

exceed any of the following rates:
COMMONWEALTH OF VIRGINIA PAGE 26 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

Pollutant Emissions Rate

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 40 tpy

Sulfur Dioxide 40 tpy

Particulate Matter (TSP) 25 tpy

PM10 15 tpy

PM2.5 10 tpy of direct PM2.5 emissions; 40 tpy 

of SO2 emissions; 40 tpy of NOX

emissions unless demonstrated not to 

be a PM2.5 precursor under the 

definition of "regulated NSR pollutant"

Ozone 40 tpy of volatile organic compounds or 

NOX

Lead 0.6 tpy

Fluorides 3 tpy

Sulfuric Acid Mist 7 tpy

Hydrogen Sulfide (H2S) 10 tpy

Total Reduced Sulfur (including H2S) 10 tpy

Reduced Sulfur Compounds (including 

H2S)

10 tpy

Municipal waste combustor organics 

(measured as total tetra-through octachlorinated dibenzo-p-dioxins and 

dibenzofurans)

3.5 x 10-6 tpy

Municipal waste combustor metals 

(measured as particulate matter)

15 tpy

Municipal waste combustor acid gases 

(measured as the sum of SO2 and 

HCl)

40 tpy

Municipal solid waste landfills 

emissions (measured as nonmethane 

organic compounds)

50 tpy
COMMONWEALTH OF VIRGINIA PAGE 27 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

b. In reference to a net emissions increase or the potential of a 

source to emit a regulated NSR pollutant that subdivision a of this definition does not 

list, any emissions rate.

c. Notwithstanding subdivision a of this definition, means any 

emissions rate or any net emissions increase associated with a major stationary source 

or major modification, that would construct within 10 kilometers of a class I area, and 

have an impact on such area equal to or greater than 1 μg/m3 (24-hour average).

"Significant emissions increase" means, for a regulated NSR pollutant, an 

increase in emissions that is significant for that pollutant.

"Significant emissions unit" means an emissions unit that emits or has the 

potential to emit a PAL pollutant in an amount that is significant for that PAL pollutant, 

but less than the amount that would qualify the unit as a major emissions unit.

"Small emissions unit" means 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.

"State enforceable" means all limitations and conditions that are 

enforceable as a practical matter, including any regulation of the board, those 

requirements developed pursuant to 9VAC5-170-160, requirements within any 

applicable order or variance, and any permit requirements established pursuant to this 

chapter.

“State operating permit” means a permit issued under the state operating 

permit program.

"State operating permit program" means an operating permit program (i) 

for issuing limitations and conditions for stationary sources, (ii) promulgated to meet the 

EPA's minimum criteria for federal enforceability, including adequate notice and 

opportunity for the EPA and public comment prior to issuance of the final permit, and 

practicable enforceability, and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this 

part.

"Stationary source" means any building, structure, facility, or installation 

that emits or may emit a regulated NSR pollutant.

"Temporary clean coal technology demonstration project" means a clean 

coal technology demonstration project that is operated for a period of five years or less, 

and that complies with the applicable implementation plan and other requirements 
COMMONWEALTH OF VIRGINIA PAGE 28 of 28

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

necessary to attain and maintain the ambient air quality standards during the project 

and after it is terminated.

REG\VAC\808
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 June 17 to July 17, 2013.

As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was given notice of 

the comment period in the Virginia Register of Regulations, along with the location of 

the proposal for public inspection, on June 17, 2013. 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

A true copy of the official regulation (Revision A13) which was published in the Virginia 

Register of Regulations on April 22, 2013 after being duly adopted by the State Air 

Pollution Control Board on March 13, 2013, certified by the Office of the Attorney 

General as within the Board’s statutory authority on March 20, 2013 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 March 20, 2013. 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 May 22, 2013.

TEMPLATES\SIP-REG\REG02-PC

SIP\NONATTN PLNS\2013\A13-SIP-2.DOC
General Notices/Errata

Volume 29, Issue 21 Virginia Register of Regulations June 17, 2013

2629

Proposed State Implementation Plan Revision -

Definition of Regulated NSR Pollutant

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 Major Stationary Sources and Major 

Modifications Locating in Prevention of Significant 

Deterioration Areas, Article 8 (9VAC5-80-1605 et seq.) of 

Part II of 9VAC5-80 (Permits for Stationary Sources).

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

whether the regulation amendments should be submitted as a 

revision to the SIP.

Public comment period: June 17, 2013, to July 17, 2013.

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: The regulation amendments are 

exempt from the state administrative procedures for adoption 

of regulations contained in Article 2 (§ 2.2-4006 et seq.) of 

the Administrative Process Act by the provisions of § 2.2-

4006 A 3 and 4 c of the Administrative Process Act because 

they consist of the correction of a technical error and because 

they are necessary to meet the requirements of the federal 

Clean Air Act and do not differ materially from the pertinent 

EPA regulations. Since the amendments are exempt from 

administrative procedures for the adoption of regulations, 

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: The proposed revision will consist of 

amendments to an existing regulation concerning major new 

source review (NSR) for prevention of significant 

deterioration (PSD) areas. On October 25, 2012 (77 FR 

65107), EPA promulgated final amendments revising the 

NSR permitting program for PSD areas. The amendments 

revise the definition of "regulated NSR pollutant" to remove 

the term "particulate matter emissions" from the requirement 

to include the condensable particulate matter fraction. 

"Particulate matter emissions" refers to the non-criteria 

indicator for particulate matter (PM) that is regulated under 

various new source performance standards (NSPSs), using 

EPA Method 5 for the compliance test. EPA has determined 

that only PM10 and PM2.5-indicators of PM used for the 

national ambient air quality standards may include 

condensable PM, unless a specific NSPS or applicable 

implementation plan otherwise requires the condensable 

portion to be included. In Virginia, where the state is 

administering the NSR program under an approved SIP, the 

state may adopt and submit revisions to the SIP to reflect the 

rule revisions. The revised SIP should be the same as or 

equivalent to the revised federal program. Additionally, a 

regulatory citation is being corrected.

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations 

(40 CFR 51.102) and not any provision of state law. 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. DEQ plans 

to submit all provisions of the proposal as a revision to the 

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 regulation documents: The proposal and any 

supporting documents are available on the DEQ Air Public 

Notices for Plans website: 

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, 629 East Main Street, 8th Floor, 

Richmond, VA, telephone (804) 698-4070, 

2) Southwest Regional Office, 355-A 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 (804) 

582-5120, 

5) Valley Regional Office, 4411 Early Road, Harrisonburg, 

VA, telephone (540) 574-7800, 
General Notices/Errata

Volume 29, Issue 21 Virginia Register of Regulations June 17, 2013

2630

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, TDD (804) 698-4021, or email 

karen.sabasteanski@deq.virginia.gov.

STATE CORPORATION COMMISSION

AT RICHMOND, MAY 22, 2013

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. PUE-2013-00045

Concerning the establishment of a renewable energy

pilot program for third party power purchase agreements

ORDER PROPOSING GUIDELINES

On March 14, 2013, the Virginia General Assembly approved 

Chapter 382 of the Virginia Acts of Assembly 

("Chapter 382"), requiring the State Corporation Commission 

("Commission") to conduct a renewable energy pilot program 

for third party power purchase agreements and to establish 

certain guidelines regarding its implementation. Chapter 382 

specifically provides that the Commission must establish 

guidelines concerning (i) information to be provided in 

written notices and (ii) procedures for collecting and posting 

information derived from such notices on the Commission's 

website. In addition, the Commission may establish general 

guidelines for its administration of the pilot program.

As set forth in Chapter 382, parties who wish to enter into a 

power purchase agreement under the pilot program must 

provide written notice to the Commission and to the pilot 

utility of the parties' intent to enter into such agreement not 

less than thirty days before the effective date of such 

agreement. Pursuant to Chapter 382, the Commission must 

establish guidelines concerning the information to be 

included in the provision of such written notice. In addition, 

the Commission must establish guidelines concerning the 

procedures for aggregating and posting the information 

included in such written notices on the Commission's website. 

This information must include the total capacity utilized by 

pilot projects for which notice has been received and the 

capacity remaining available for future pilot projects. Finally, 

the Commission may adopt such rules or establish such 

guidelines as may be necessary for its general administration 

of the pilot program.

The Commission Staff ("Staff") has prepared proposed 

guidelines in accordance with Chapter 382. A draft of these 

proposed guidelines is attached to this Order for review and 

comment by interested persons. Each third party power 

purchase agreement established pursuant to the pilot program 

should be in accordance with these guidelines, once 

established by further Commission order, and should be in 

compliance with the statutory directives set forth by the 

General Assembly. The Commission will review comments 

on the proposed guidelines from interested persons before 

formally establishing Commission guidelines pursuant to 

Chapter 382. Comments on the proposed guidelines may be 

filed in this proceeding within thirty days from the date of 

this Order.

In order to promote broad dissemination of the proposed 

guidelines, we direct the Commission's Division of Energy 

Regulation to provide copies of this Order and the proposed 

guidelines by electronic transmission or by mail to 

individuals, organizations, and companies identified by Staff 

as potentially having an interest in this proceeding. 

Accordingly, IT IS ORDERED THAT:

(1) This matter is docketed and assigned Case No. PUE2013-00045.

(2) Comments on the proposed guidelines shall be filed on 

or before thirty (30) days from the date of this Order. 

Interested persons wishing to comment or propose 

modifications or supplements to the proposed guidelines 

shall file an original and fifteen (15) copies of such 

comments or proposals with Joel H. Peck, Clerk, State 

Corporation Commission, c/o Document Control Center, 

P.O. Box 2118, Richmond, Virginia 23218. Interested 

persons desiring to submit comments or proposals 

electronically may do so by following the instructions on 

the Commission's website: 

http://www.scc.virginia.gov/case.

(3) The Commission's Division of Information Resources 

shall make a downloadable version of the proposed 

guidelines available to the public at the Commission's 

website: http://www.scc.virginia.gov/case. The Clerk of the 

Commission shall make a copy of the proposed guidelines 

available, free of charge, in response to any written request 

for one.

(4) The Commission's Division of Energy Regulation shall 

transmit electronically or by mail a copy of this Order and 

proposed guidelines to individuals, organizations, and 

companies identified by Staff as potentially having an 

interest in this proceeding.

(5) This matter is continued generally for further orders of 

the Commission.

AN ATTESTED COPY hereof shall be sent by the Clerk of 

the Commission to: Senator John Edwards, P.O. Box 1179, 
Regulations

Volume 29, Issue 17 Virginia Register of Regulations April 22, 2013

2155

9VAC5-30-15. Reference conditions.

All measurements of air quality that are expressed as mass 

per unit volume (e.g., micrograms per cubic meter) other than 

for the particulate matter (PM2.5) standards contained in 

9VAC5-30-65 and, 9VAC5-30-66, and 9VAC5-30-67, and 

lead standards contained in 9VAC5-30-80 shall be corrected 

to a reference temperature of 25°C and a reference pressure of 

760 millimeters of mercury (1,013.2 millibars). 

Measurements of PM2.5 for purposes of comparison to the 

standards contained in 9VAC5-30-65 and, 9VAC5-30-66, and 

9VAC5-30-67 and of lead for purposes of comparison to the 

standards contained in 9VAC5-30-80 shall be reported based 

on actual ambient air volume measured at the actual ambient 

temperature and pressure at the monitoring site during the 

measurement period.

9VAC5-30-67. Particulate matter (PM2.5).

A. The primary ambient air quality standards for particulate 

matter are:

1. 12.0 micrograms per cubic meter, annual arithmetic 

mean concentration.

2. 35 micrograms per cubic meter, 24-hour average 

concentration.

B. The secondary ambient air quality standards for 

particulate matter are:

1. 15.0 micrograms per cubic meter annual arithmetic 

mean concentration.

2. 35 micrograms per cubic meter 24-hour average 

concentration.

C. Particulate matter shall be measured in the ambient air as 

PM2.5 (particles with an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers) by the reference method 

based on Appendix L of 40 CFR Part 50, or other method 

designated as such, or by equivalent method.

D. The annual primary PM2.5 standard is met when the 

annual arithmetic mean concentration, as determined in 

accordance with Appendix N of 40 CFR Part 50, is less than 

or equal to 12.0 micrograms per cubic meter.

E. The annual secondary PM2.5 standard is met when the 

annual arithmetic mean concentration, as determined in 

accordance with Appendix N of 40 CFR Part 50, is less than 

or equal to 15.0 micrograms per cubic meter.

F. The 24-hour primary and secondary PM2.5 standards are 

met when the 98th percentile 24-hour concentration, as 

determined in accordance with Appendix N of 40 CFR Part 

50, is less than or equal to 35 micrograms per cubic meter.

G. The PM2.5 standards set forth in this section were 

established by EPA on January 15, 2013 (78 FR 3086), and 

became effective in the Commonwealth on March 13, 2013, 

by adoption by the board. The PM2.5 standards set forth in this 

section shall apply for purposes of the following:

1. Control strategy implementation plan revisions, 

maintenance plans, and associated emissions budgets 

relative to the PM2.5 standards in this section.

2. Designation of nonattainment areas and maintenance 

areas relative to the PM2.5 standards in this section.

3. Implementation of the new source review programs set 

forth in Part II (9VAC5-80-50 et seq.) of 9VAC5-80 

(Permits for Stationary Sources).

Nothing in this section shall prevent the redesignation of any 

nonattainment area to attainment at any time.

VA.R. Doc. No. R13-3550; Filed March 20, 2013, 2:42 p.m. 

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is 

exempt from the Administrative Process Act in accordance 

with § 2.2-4006 A 4 c of the Code of Virginia, which 

excludes regulations that are necessary to meet the 

requirements of federal law or regulations, provided such 

regulations do not differ materially from those required by 

federal law or regulation. The State Air Pollution Control 

Board will receive, consider, and respond to petitions by any 

interested person at any time with respect to reconsideration 

or revision.

Title of Regulation: 9VAC5-80. Permits for Stationary 

Sources (Rev. A13) (amending 9VAC5-80-1615). 

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

federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title 

V); 40 CFR Parts 51, 61, 63, 70, and 72.

Effective Date: May 22, 2013. 

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.

Summary:

On October 25, 2012 (77 FR 65107), the U.S. 

Environmental Protection Agency (EPA) promulgated final 

amendments revising the new source review (NSR) 

permitting program for prevention of significant 

deterioration (PSD) areas. The amendments revise the 

definition of "regulated NSR pollutant" to remove the term 

"particulate matter (PM) emissions" from the requirement 

to include the condensable particulate matter fraction. 

EPA has determined that only PM10 and PM2.5 may include 

condensable PM unless a specific new source performance 

standard (NSPS) or applicable implementation plan 

otherwise requires the condensable portion to be included. 

The State Air Pollution Control Board administers the NSR 

program under an approved state implementation plan 

(SIP); therefore, the board has amended the regulation to 

reflect the federal rule revisions.
Regulations

Volume 29, Issue 17 Virginia Register of Regulations April 22, 2013

2156

9VAC5-80-1615. Definitions.

A. As used in this article, all words or terms not defined 

herein shall have the meanings given them in 9VAC5-10 

(General Definitions), unless otherwise required by context. 

B. For the purpose of this article, 9VAC5-80-280 9VAC5-

50-280 and applying this article 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 subsection C of this section: 

C. Terms defined. 

"Actual emissions" means the actual rate of emissions of a 

regulated NSR pollutant from an emissions unit, as 

determined in accordance with subdivisions a through c of 

this definition, except that this definition shall not apply for 

calculating whether a significant emissions increase has 

occurred, or for establishing a PAL under 9VAC5-80-1865. 

Instead, the definitions of "projected actual emissions" and 

"baseline actual emissions" shall apply for those purposes. 

a. In general, actual emissions as of a particular date shall 

equal the average rate, in tons per year, at which the unit 

actually emitted the pollutant during a consecutive 24-

month period that precedes the particular date and that is 

representative of normal source operation. The board will 

allow the use of a different time period upon a 

determination that it is more representative of normal 

source operation. Actual emissions shall be calculated 

using the unit's actual operating hours, production rates, 

and types of materials processed, stored, or combusted 

during the selected time period. 

b. The board may presume that source-specific allowable 

emissions for the unit are equivalent to the actual 

emissions of the unit. 

c. For any emissions unit that has not begun normal 

operations on the particular date, actual emissions shall 

equal the potential to emit of the unit on that date. 

"Actuals PAL for a major stationary source" means 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. 

"Administrator" means the administrator of the U.S. 

Environmental Protection Agency (EPA) or an authorized 

representative. 

"Adverse impact on visibility" means visibility impairment 

that interferes with the management, protection, preservation 

or enjoyment of the visitor's visual experience of the federal 

class I area. This determination shall be made on a case-bycase basis taking into account the geographic extent, 

intensity, duration, frequency and time of visibility 

impairment, and how these factors correlate with (i) times of 

visitor use of the federal class I areas, and (ii) the frequency 

and timing of natural conditions that reduce visibility. 

"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 and state enforceable limits that restrict the 

operating rate, or hours of operation, or both) and the most 

stringent of the following: 

a. The applicable standards as set forth in 40 CFR Parts 60, 

61, and 63; 

b. The applicable implementation plan emissions limitation 

including those with a future compliance date; or 

c. The emissions limit specified as a federally and state 

enforceable permit condition, including those with a future 

compliance date. 

For the purposes of actuals PALs, "allowable emissions" 

shall also be calculated considering any emission limitations 

that are enforceable as a practical matter on the emissions 

unit's potential to emit. 

"Applicable federal requirement" means all of, but not 

limited to, the following as they apply to emissions units in a 

source subject to this article (including requirements that have 

been promulgated or approved by the administrator through 

rulemaking at the time of permit issuance but have futureeffective compliance dates): 

a. Any standard or other requirement provided for in an 

implementation plan established pursuant to § 110 or 

§ 111(d) of the federal Clean Air Act, including any 

source-specific provisions such as consent agreements or 

orders. 

b. Any limit or condition in any construction permit issued 

under the new source review program or in any operating 

permit issued pursuant to the state operating permit 

program. 

c. Any emission standard, alternative emission standard, 

alternative emission limitation, equivalent emission 

limitation or other requirement established pursuant to 

§ 112 or § 129 of the federal Clean Air Act as amended in 

1990. 

d. Any new source performance standard or other 

requirement established pursuant to § 111 of the federal 

Clean Air Act, and any emission standard or other 

requirement established pursuant to § 112 of the federal 

Clean Air Act before it was amended in 1990. 

e. Any limitations and conditions or other requirement in a 

Virginia regulation or program that has been approved by 

EPA under subpart E of 40 CFR Part 63 for the purposes 

of implementing and enforcing § 112 of the federal Clean 

Air Act. 

f. Any requirement concerning accident prevention under 

§ 112(r)(7) of the federal Clean Air Act. 

g. Any compliance monitoring requirements established 

pursuant to either § 504(b) or § 114(a)(3) of the federal 

Clean Air Act. 
Regulations

Volume 29, Issue 17 Virginia Register of Regulations April 22, 2013

2157

h. Any standard or other requirement for consumer and 

commercial products under § 183(e) of the federal Clean 

Air Act. 

i. Any standard or other requirement for tank vessels under 

§ 183(f) of the federal Clean Air Act. 

j. Any standard or other requirement in 40 CFR Part 55 to 

control air pollution from outer continental shelf sources. 

k. Any standard or other requirement of the regulations 

promulgated to protect stratospheric ozone under Title VI 

of the federal Clean Air Act unless the administrator has 

determined that such requirements need not be contained in 

a permit issued under this article. 

l. With regard to temporary sources subject to 9VAC5-80-

130, (i) any ambient air quality standard, except applicable 

state requirements, and (ii) requirements regarding 

increments or visibility as provided in this article. 

"Baseline actual emissions" means the rate of emissions, in 

tons per year, of a regulated NSR pollutant, as determined in 

accordance with the following: 

a. For any existing electric utility steam generating unit, 

baseline actual emissions means the average rate, in tons 

per year, at which the unit actually emitted the pollutant 

during any consecutive 24-month period selected by the 

owner within the five-year period immediately preceding 

when 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 any emission limitation 

that was legally enforceable during the consecutive 24-

month period. 

(3) For a regulated NSR pollutant, when a project 

involves multiple emissions units, only one consecutive 

24-month period shall be used to determine the baseline 

actual emissions for the emissions units being changed. 

The same consecutive 24-month period shall be used for 

each different regulated NSR pollutant unless the owner 

can demonstrate to the satisfaction of the board that a 

different consecutive 24-month period for a different 

pollutant or pollutants is more appropriate due to 

extenuating circumstances. 

(4) The average rate shall not be based on any 

consecutive 24-month period for which there is 

inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount 

if required by subdivision a (2) of this definition. 

b. For an existing emissions unit (other than an electric 

utility steam generating unit), baseline actual emissions 

means the average rate, in tons per year, at which the 

emissions unit actually emitted the pollutant 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 article, whichever is 

earlier, except that the five-year period shall not include

any period earlier than November 15, 1990. 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 any 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 major stationary 

source must currently comply, had such major stationary 

source been required to comply with such limitations 

during the consecutive 24-month period. However, if an 

emission limitation is part of a maximum achievable 

control technology standard that the administrator 

proposed or promulgated under 40 CFR Part 63, the 

baseline actual emissions need only be adjusted if the 

board has taken credit for such emissions reductions in 

an attainment demonstration or maintenance plan 

consistent with the requirements of 9VAC5-80-2120 K. 

(4) For a regulated NSR pollutant, when a project 

involves multiple emissions units, only one consecutive 

24-month period shall be used to determine the baseline 

actual emissions for all the emissions units being 

changed. The same consecutive 24-month period shall be 

used for each different regulated NSR pollutant unless 

the owner can demonstrate to the satisfaction of the 

board that a different consecutive 24-month period for a 

different pollutant or pollutants is more appropriate due 

to extenuating circumstances. 

(5) The average rate shall not be based on any 

consecutive 24-month period for which there is 

inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount 

if required by subdivisions b (2) and (3) of this 

definition. 

c. For a new emissions unit, the baseline actual emissions 

for purposes of determining the emissions increase that 

will result from the initial construction and operation of 

such unit shall equal zero; and thereafter, for all other 

purposes, shall equal the unit's potential to emit. 
Regulations

Volume 29, Issue 17 Virginia Register of Regulations April 22, 2013

2158

d. For a PAL for a stationary source, the baseline actual 

emissions shall be calculated for existing electric utility 

steam generating units in accordance with the procedures 

contained in subdivision a of this definition, for other 

existing emissions units in accordance with the procedures 

contained in subdivision b of this definition, and for a new 

emissions unit in accordance with the procedures contained 

in subdivision c of this subsection. 

"Baseline area": 

a. Means any intrastate area (and every part thereof) 

designated as attainment or unclassifiable under 

§ 107(d)(1)(A)(ii) or (iii) of the federal Clean Air Act in 

which the major source or major modification establishing 

the minor source baseline date would construct or would 

have an air quality impact for the pollutant for which the 

baseline date is established, as follows: (i) for SO2, NO2, or 

PM10, equal to or greater than 1 μg/m3(annual average); or 

(ii) for PM2.5, equal to or greater than 0.3 μg/m3(annual 

average). 

b. Area redesignations under § 107(d)(1)(A)(ii) or (iii) of 

the federal Clean Air Act cannot intersect or be smaller 

than the area of impact of any major stationary source or 

major modification that: 

(1) Establishes a minor source baseline date; or 

(2) Is subject to this article or 40 CFR 52.21 and would 

be constructed in the same state as the state proposing the 

redesignation. 

c. Any baseline area established originally for the TSP 

increments shall remain in effect and shall apply for 

purposes of determining the amount of available PM10

increments, except that such baseline area shall not remain 

in effect if the board rescinds the corresponding minor 

source baseline date in accordance with subdivision d of 

the definition of "baseline date." 

"Baseline concentration" 

a. Means that ambient concentration level that exists in the 

baseline area at the time of the applicable minor source 

baseline date. A baseline concentration is determined for 

each pollutant for which a minor source baseline date is 

established and shall include: 

(1) The actual emissions representative of sources in 

existence on the applicable minor source baseline date, 

except as provided in subdivision b of this definition; and 

(2) The allowable emissions of major stationary sources 

that commenced construction before the major source 

baseline date, but were not in operation by the applicable 

minor source baseline date. 

b. The following will not be included in the baseline 

concentration and will affect the applicable maximum 

allowable increase(s): 

(1) Actual emissions from any major stationary source on 

which construction commenced after the major source 

baseline date; and 

(2) Actual emissions increases and decreases at any 

stationary source occurring after the minor source 

baseline date. 

"Baseline date" 

a. "Major source baseline date" means: 

(1) In the case of PM10 and sulfur dioxide, January 6, 

1975; 

(2) In the case of nitrogen dioxide, February 8, 1988; and

(3) In the case of PM2.5, October 20, 2010. 

b. "Minor source baseline date" means the earliest date 

after the trigger date on which a major stationary source or 

a major modification subject to this article submits a 

complete application under this article. The trigger date is: 

(1) In the case of PM10 and sulfur dioxide, August 7, 

1977; 

(2) In the case of nitrogen dioxide, February 8, 1988; and

(3) In the case of PM2.5, October 20, 2011. 

c. The baseline date is established for each pollutant for 

which increments or other equivalent measures have been 

established if: 

(1) The area in which the proposed source or 

modification would construct is designated as attainment 

or unclassifiable under § 107(d)(1)(A)(ii) or (iii) of the 

federal Clean Air Act for the pollutant on the date of its 

complete application under this article or 40 CFR 52.21; 

and 

(2) In the case of a major stationary source, the pollutant 

would be emitted in significant amounts, or, in the case 

of a major modification, there would be a significant net 

emissions increase of the pollutant. 

d. Any minor source baseline date established originally 

for the TSP increments shall remain in effect and shall 

apply for purposes of determining the amount of available 

PM10 increments, except that the board may rescind any 

such minor source baseline date where it can be shown, to 

the satisfaction of the board, that the emissions increase 

from the major stationary source, or the net emissions 

increase from the major modification, responsible for 

triggering that date did not result in a significant amount of 

PM10 emissions. 

"Begin actual construction" means, in general, initiation of 

physical on-site construction activities on an emissions unit 

that are of a permanent nature. Such activities include, but are 

not limited to, installation of building supports and 

foundations, laying of underground pipework, and 

construction of permanent storage structures. With respect to 

a change in method of operation, this term refers to those onsite activities other than preparatory activities that mark the 

initiation of the change. 
Regulations

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2159

"Best available control technology" means an emissions 

limitation (including a visible emissions standard) based on 

the maximum degree of reduction for each regulated NSR 

pollutant that would be emitted from any proposed major 

stationary source or major modification that 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 or modification 

through 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 that would exceed the emissions allowed by any 

applicable standard under 40 CFR Parts 60, 61, and 63. If the 

board determines that technological or economic limitations 

on the application of measurement methodology to a 

particular emissions unit would make the imposition of an 

emissions standard infeasible, a design, equipment, work 

practice, operational standard, or combination thereof, may be 

prescribed instead to satisfy the requirement for the 

application of best available control technology. Such 

standard shall, to the degree possible, set forth the emissions 

reduction achievable by implementation of such design, 

equipment, work practice or operation, and shall provide for 

compliance by means that achieve equivalent results. 

"Building, structure, facility or installation" means all of the 

pollutant-emitting activities that belong to the same industrial 

grouping, are located on one or more contiguous or adjacent 

properties, and are under the control of the same person (or 

persons under common control) except the activities of any 

vessel. Pollutant-emitting activities shall be considered as part 

of the same industrial grouping if they belong to the same 

"Major Group" (i.e., that have the same first two-digit code) 

as described in the Standard Industrial Classification Manual 

(see 9VAC5-20-21). 

"Clean coal technology" means any technology, including 

technologies applied at the precombustion, combustion, or 

post combustion stage, at a new or existing facility that will 

achieve significant reductions in air emissions of sulfur 

dioxide or oxides of nitrogen associated with the utilization of 

coal in the generation of electricity, or process steam that was 

not in widespread use as of November 15, 1990. 

"Clean coal technology demonstration project" means a 

project using funds appropriated under the heading 

"Department of Energy-Clean Coal Technology," up to a total 

amount of $2,500,000,000 for commercial demonstration of 

clean coal technology, or similar projects funded through 

appropriations for EPA. The federal contribution for a 

qualifying project shall be at least 20% of the total cost of the 

demonstration project. 

"Commence" as applied to construction of a major 

stationary source or major modification, means that the owner 

has all necessary preconstruction approvals or permits and 

either has: 

a. Begun, or caused to begin, a continuous program of 

actual on-site construction of the source, to be completed 

within a reasonable time; or 

b. Entered into binding agreements or contractual 

obligations, that cannot be canceled or modified without 

substantial loss to the owner, to undertake a program of 

actual construction of the source, to be completed within a 

reasonable time. 

"Complete" means, in reference to an application for a 

permit, that the application contains all of the information 

necessary for processing the application and the provisions of 

§ 10.1-1321.1 of the Virginia Air Pollution Control Law have 

been met. Designating an application complete for the 

purposes of permit processing does not preclude the board 

from requesting or accepting any additional information. 

"Construction" means any physical change or change in the 

method of operation (including fabrication, erection, 

installation, demolition, or modification of an emissions unit) 

that would result in a change in emissions. 

"Continuous emissions monitoring system" or "CEMS" 

means all of the equipment that may be required to meet the 

data acquisition and availability requirements of this article, 

to sample, condition (if applicable), analyze, and provide a 

record of emissions on a continuous basis. 

"Continuous emissions rate monitoring system" or 

"CERMS" means the total equipment required for the 

determination and recording of the pollutant mass emissions 

rate (in terms of mass per unit of time). 

"Continuous parameter monitoring system" or "CPMS" 

means all of the equipment necessary to meet the data 

acquisition and availability requirements of this article, to 

monitor process and control device operational parameters 

(for example, control device secondary voltages and electric 

currents) and other information (for example, gas flow rate, 

O2 or CO2 concentrations), and to record average operational 

parameter value(s) on a continuous basis. 

"Electric utility steam generating unit" means any steam 

electric generating unit that is constructed for the purpose of 

supplying more than one-third of its potential electric output 

capacity and more than 25 MW electrical output to any utility 

power distribution system for sale. Any steam supplied to a 

steam distribution system for the purpose of providing steam 

to a steam-electric generator that would produce electrical 

energy for sale is also considered in determining the electrical 

energy output capacity of the affected facility. 

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

emits or would have the potential to emit any regulated NSR 

pollutant and includes an electric utility steam generating 

unit. For purposes of this definition, 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 
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less than two years from the date such emissions unit first 

operated; and (ii) an existing emissions unit is any emissions 

unit that is not a new emissions unit. 

"Enforceable as a practical matter" means that the permit 

contains emission limitations that are enforceable by the 

board or the department and meet the following criteria: 

a. Are permanent; 

b. Contain a legal obligation for the owner to adhere to the 

terms and conditions; 

c. Do not allow a relaxation of a requirement of the 

implementation plan; 

d. Are technically accurate and quantifiable; 

e. Include averaging times or other provisions that allow at 

least monthly (or a shorter period if necessary to be 

consistent with the implementation plan) checks on 

compliance. This may include, but not be limited to, the 

following: compliance with annual limits on a rolling 

basis, monthly or shorter limits, and other provisions 

consistent with this article and other regulations of the 

board; and 

f. Require a level of recordkeeping, reporting and 

monitoring sufficient to demonstrate compliance. 

"Federal land manager" means, with respect to any lands in 

the United States, the secretary of the department with 

authority over such lands. 

"Federally enforceable" means all limitations and conditions 

that are enforceable by the administrator and citizens under 

the federal Clean Air Act or that are enforceable under other 

statutes administered by the administrator. Federally 

enforceable limitations and conditions include, but are not 

limited to, the following: 

a. Emission standards, alternative emission standards, 

alternative emission limitations, and equivalent emission 

limitations established pursuant to § 112 of the federal 

Clean Air Act as amended in 1990. 

b. New source performance standards established pursuant 

to § 111 of the federal Clean Air Act, and emission 

standards established pursuant to § 112 of the federal 

Clean Air Act before it was amended in 1990. 

c. All terms and conditions (unless expressly designated as 

not federally enforceable) in a federal operating permit, 

including any provisions that limit a source's potential to 

emit. 

d. Limitations and conditions that are part of an 

implementation plan established pursuant to § 110, 

§ 111(d) or § 129 of the federal Clean Air Act. 

e. Limitations and conditions (unless expressly designated 

as not federally enforceable) that are part of a federal 

construction permit issued under 40 CFR 52.21 or a new 

source review permit issued under regulations approved by 

the EPA into the implementation plan. 

f. Limitations and conditions (unless expressly designated 

as not federally enforceable) that are part of a state 

operating permit where the permit and the permit program 

pursuant to which it was issued meet all of the following 

criteria: 

(1) The operating permit program has been approved by 

the EPA into the implementation plan under § 110 of the 

federal Clean Air Act; 

(2) The operating permit program imposes a legal 

obligation that operating permit holders adhere to the

terms and limitations of such permits and provides that 

permits that do not conform to the operating permit 

program requirements and the requirements of EPA's 

underlying regulations may be deemed not "federally 

enforceable" by EPA; 

(3) The operating permit program requires that all 

emission limitations, controls, and other requirements 

imposed by such permits will be at least as stringent as 

any other applicable limitations and requirements 

contained in the implementation plan or enforceable 

under the implementation plan, and that the program may 

not issue permits that waive, or make less stringent, any 

limitations or requirements contained in or issued 

pursuant to the implementation plan, or that are 

otherwise "federally enforceable"; 

(4) The limitations, controls, and requirements in the 

permit in question are permanent, quantifiable, and 

otherwise enforceable as a practical matter; and 

(5) The permit in question was issued only after adequate 

and timely notice and opportunity for comment by the 

EPA and the public. 

g. Limitations and conditions in a regulation of the board 

or program that has been approved by the EPA under 

subpart E of 40 CFR Part 63 for the purposes of 

implementing and enforcing § 112 of the federal Clean Air 

Act. 

h. Individual consent agreements that the EPA has legal 

authority to create. 

"Federal operating permit" means a permit issued under the 

federal operating permit program. 

"Federal operating permit program" means an operating 

permit system (i) for issuing terms and conditions for major 

stationary sources, (ii) established to implement the 

requirements of Title V of the federal Clean Air Act and 

associated regulations, and (iii) codified in Article 1 (9VAC5-

80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 

(9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 

et seq.) of this part. 

"Fugitive emissions" means those emissions that could not 

reasonably pass through a stack, chimney, vent, or other 

functionally equivalent opening. 

"High terrain" means any area having an elevation 900 feet 

or more above the base of the stack of a source. 
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"Indian governing body" means the governing body of any 

tribe, band, or group of Indians subject to the jurisdiction of 

the United States and recognized by the United States as 

possessing power of self-government. 

"Indian reservation" means any federally recognized 

reservation established by treaty, agreement, executive order, 

or act of Congress. 

"Innovative control technology" means any system of air 

pollution control that has not been adequately demonstrated 

in practice, but would have substantial likelihood of 

achieving greater continuous emissions reduction than any 

control system in current practice or of achieving at least 

comparable reductions at lower cost in terms of energy, 

economics, or nonair quality environmental impacts. 

"Lowest achievable emission rate" or "LAER" is as defined 

in 9VAC5-80-2010 C. 

"Locality particularly affected" means any locality that bears 

any identified disproportionate material air quality impact that 

would not be experienced by other localities. 

"Low terrain" means any area other than high terrain. 

"Major emissions unit" means (i) any emissions unit that 

emits or has the potential to emit 100 tons per year or more of 

the PAL pollutant in an attainment area; or (ii) any emissions 

unit that emits or has the potential to emit the PAL pollutant 

for nonattainment areas in an amount that is equal to or 

greater than the major source threshold for the PAL pollutant 

in subdivision a (1) of the definition of "major stationary 

source " in 9VAC5-80-2010 C. 

"Major modification" 

a. Means any physical change in or change in the method 

of operation of a major stationary source that would result 

in a significant emissions increase of a regulated NSR

pollutant, and a significant net emissions increase of that 

pollutant from the major stationary source. 

b. Any significant emissions increase from any emissions 

units or net emissions increase at a major stationary source 

that is significant for volatile organic compounds or NOX

shall be considered significant for ozone. 

c. A physical change or change in the method of operation 

shall not include the following: 

(1) Routine maintenance, repair and replacement. 

(2) Use of an alternative fuel or raw material by reason of 

an order under § 2 (a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any 

superseding legislation) or by reason of a natural gas 

curtailment plant pursuant to the federal Power Act. 

(3) Use of an alternative fuel by reason of any order or 

rule under § 125 of the federal Clean Air Act. 

(4) Use of an alternative fuel at a steam generating unit to 

the extent that the fuel is generated from municipal solid 

waste. 

(5) Use of an alternative fuel or raw material by a

stationary source that: 

(a) The source was capable of accommodating before 

January 6, 1975, unless such change would be prohibited 

under any federally and state enforceable permit 

condition that was established after January 6, 1975, 

pursuant to 40 CFR 52.21 or this chapter; or 

(b) The source is approved to use under any permit 

issued under 40 CFR 52.21 or this chapter.

(6) An increase in the hours of operation or in the 

production rate, unless such change is prohibited under 

any federally and state enforceable permit condition that 

was established after January 6, 1975, pursuant to 40 

CFR 52.21 or this chapter. 

(7) Any change in ownership at a stationary source. 

(8) The installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, 

provided that the project complies with: 

(a) The applicable implementation plan; and 

(b) Other requirements necessary to attain and maintain 

the ambient air quality standards during the project and 

after it is terminated. 

(9) The installation or operation of a permanent clean 

coal technology demonstration project that constitutes 

repowering, provided that the project does not result in 

an increase in the potential to emit of any regulated 

pollutant emitted by the unit. This exemption shall apply 

on a pollutant-by-pollutant basis. 

(10) The reactivation of a very clean coal-fired electric 

utility steam generating unit. 

d. This definition shall not apply with respect to a 

particular regulated NSR pollutant when the major 

stationary source is complying with the requirements under 

9VAC5-80-1865 for a PAL for that pollutant. Instead, the 

definition of "PAL major modification" shall apply. 

"Major new source review (NSR) permit" means a permit 

issued under the major new source review program. 

"Major new source review (major NSR) program" means a 

preconstruction review and permit program (i) for new major 

stationary sources or major modifications (physical changes 

or changes in the method of operation), (ii) established to 

implement the requirements of §§ 112, 165 and 173 of the 

federal Clean Air Act and associated regulations, and (iii) 

codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 

(9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et 

seq.) of this part. 

"Major stationary source" 

a. Means: 

(1) Any of the following stationary sources of air 

pollutants that emits, or has the potential to emit, 100 

tons per year or more of any regulated NSR pollutant: 
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(a) Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input. 

(b) Coal cleaning plants (with thermal dryers). 

(c) Kraft pulp mills. 

(d) Portland cement plants. 

(e) Primary zinc smelters. 

(f) Iron and steel mill plants. 

(g) Primary aluminum ore reduction plants. 

(h) Primary copper smelters. 

(i) Municipal incinerators capable of charging more than 

250 tons of refuse per day. 

(j) Hydrofluoric acid plants. 

(k) Sulfuric acid plants. 

(l) Nitric acid plants. 

(m) Petroleum refineries. 

(n) Lime plants. 

(o) Phosphate rock processing plants. 

(p) Coke oven batteries. 

(q) Sulfur recovery plants. 

(r) Carbon black plants (furnace process). 

(s) Primary lead smelters. 

(t) Fuel conversion plants. 

(u) Sintering plants. 

(v) Secondary metal production plants. 

(w) Chemical process plants (which does not include 

ethanol production facilities that produce ethanol by 

natural fermentation included in NAICS codes 325193 or 

312140). 

(x) Fossil fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat 

input. 

(y) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels. 

(z) Taconite ore processing plants. 

(aa) Glass fiber processing plants. 

(bb) Charcoal production plants. 

(2) Notwithstanding the stationary source size specified 

in subdivision a (1) of this definition, any stationary 

source that emits, or has the potential to emit, 250 tons 

per year or more of a regulated NSR pollutant; or 

(3) Any physical change that would occur at a stationary 

source not otherwise qualifying under subdivision a (1) 

or a (2) of this definition as a major stationary source, if 

the change would constitute a major stationary source by 

itself. 

b. A major stationary source that is major for volatile 

organic compounds or NOX shall be considered major for 

ozone. 

c. The fugitive emissions of a stationary source shall not be 

included in determining for any of the purposes of this 

article whether it is a major stationary source, unless the 

source belongs to one of the following categories of 

stationary sources: 

(1) Coal cleaning plants (with thermal dryers). 

(2) Kraft pulp mills. 

(3) Portland cement plants. 

(4) Primary zinc smelters. 

(5) Iron and steel mills. 

(6) Primary aluminum ore reduction plants. 

(7) Primary copper smelters. 

(8) Municipal incinerators capable of charging more than 

250 tons of refuse per day. 

(9) Hydrofluoric, sulfuric, or nitric acid plants. 

(10) Petroleum refineries. 

(11) Lime plants. 

(12) Phosphate rock processing plants. 

(13) Coke oven batteries. 

(14) Sulfur recovery plants. 

(15) Carbon black plants (furnace process). 

(16) Primary lead smelters. 

(17) Fuel conversion plants. 

(18) Sintering plants. 

(19) Secondary metal production plants. 

(20) Chemical process plants (which shall not include 

ethanol production facilities that produce ethanol by 

natural fermentation included in NAICS codes 325193 or 

312140). 

(21) Fossil-fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat 

input. 

(22) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels. 

(23) Taconite ore processing plants. 

(24) Glass fiber processing plants. 

(25) Charcoal production plants. 

(26) Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input. 

(27) Any other stationary source category that, as of 

August 7, 1980, is being regulated under 40 CFR Parts 

60 and 61. 

"Minor new source review (NSR) permit" means a permit 

issued under the minor new source review program. 

"Minor new source review (minor 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) that are not subject to 
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review under the major new source review program, (ii) 

established to implement the requirements of §§ 110(a)(2)(C) 

and 112 of the federal Clean Air Act and associated 

regulations, and (iii) codified in Article 6 (9VAC5-80-1100 et 

seq.) of this part. 

"Necessary preconstruction approvals or permits" means 

those permits required under NSR programs that are part of 

the applicable implementation plan. 

"Net emissions increase" 

a. Means, with respect to any regulated NSR pollutant 

emitted by a major stationary source, the amount by which 

the sum of the following exceeds zero: 

(1) The increase in emissions from a particular physical 

change or change in the method of operation at a 

stationary source as calculated pursuant to 9VAC5-80-

1605 G; and 

(2) Any other increases and decreases in actual emissions 

at the major stationary source that are contemporaneous 

with the particular change and are otherwise creditable. 

Baseline actual emissions for calculating increases and 

decreases under this subdivision shall be determined as 

provided in the definition of "baseline actual emissions," 

except that subdivisions a (3) and b (4) of that definition 

shall not apply. 

b. An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular 

change only if it occurs between: 

(1) The date five years before construction on the 

particular change commences; and 

(2) The date that the increase from the particular change 

occurs. 

c. An increase or decrease in actual emissions is creditable 

only if (i) it occurs between the date five years before 

construction on the particular change commences and the 

date that the increase from the particular change occurs; 

and (ii) the board has not relied on it in issuing a permit for 

the source under this article (or the administrator under 

40 CFR 52.21), which permit is in effect when the increase 

in actual emissions from the particular change occurs. 

d. An increase or decrease in actual emissions of sulfur 

dioxide, particulate matter, or nitrogen oxides that occurs 

before the applicable minor source baseline date is 

creditable only if it is required to be considered in 

calculating the amount of maximum allowable increases 

remaining available. 

e. An increase in actual emissions is creditable only to the 

extent that the new level of actual emissions exceeds the 

old level. 

f. A decrease in actual emissions is creditable only to the 

extent that: 

(1) The old level of actual emissions or the old level of 

allowable emissions, whichever is lower, exceeds the 

new level of actual emissions; 

(2) It is enforceable as a practical matter at and after the 

time that actual construction on the particular change 

begins; 

(3) It has approximately the same qualitative significance 

for public health and welfare as that attributed to the 

increase from the particular change. 

g. An increase that results from a physical change at a 

source occurs when the emissions unit on which 

construction occurred becomes operational and begins to 

emit a particular pollutant. Any replacement unit that 

requires shakedown becomes operational only after a 

reasonable shakedown period, not to exceed 180 days. 

h. Subdivision a of the definition of "actual emissions" 

shall not apply for determining creditable increases and 

decreases. 

"New source review (NSR) permit" means a permit issued 

under the new source review program. 

"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 this part. 

"Plantwide applicability limitation (PAL)" means an 

emission limitation expressed in tons per year, for a pollutant 

at a major stationary source, that is enforceable as a practical 

matter and established sourcewide in accordance with 

9VAC5-80-1865. 

"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, 

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 state operating permit issued by the 

board that establishes a PAL for a major stationary source. 
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"PAL pollutant" means the pollutant for which a PAL is 

established at a major stationary source. 

"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 

and state enforceable. 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. 

"Predictive emissions monitoring system" or "PEMS" means 

all of the equipment necessary to monitor process and control 

device operational parameters (for example, control device 

secondary voltages and electric currents) and other 

information (for example, gas flow rate, O2 or CO2

concentrations), and calculate and record the mass emissions 

rate (for example, pounds per hour) on a continuous basis. 

"Project" means a physical change in, or change in the 

method of operation of, an existing major stationary source. 

"Projected actual emissions" means the maximum annual 

rate, in tons per year, at which an existing emissions unit is 

projected to emit a regulated NSR pollutant in any one of the 

five years (12-month period) following the date the unit 

resumes regular operation after the project, or in any one of 

the 10 years following that date, if the project involves 

increasing the emissions unit's design capacity or its potential 

to emit that regulated NSR pollutant and full utilization of the 

unit would result in a significant emissions increase or a 

significant net emissions increase at the major stationary 

source. In determining the projected actual emissions (before 

beginning actual construction), the owner of the major 

stationary source: 

a. Shall consider all relevant information, including but not 

limited to, historical operational data, the company's own 

representations, the company's expected business activity 

and the company's highest projections of business activity, 

the company's filings with the state or federal regulatory 

authorities, and compliance plans under the approved 

implementation plan; 

b. Shall include fugitive emissions to the extent 

quantifiable and emissions associated with startups, 

shutdowns, and malfunctions; and 

c. Shall exclude, in calculating any increase in emissions 

that results from the particular project, that portion of the 

unit's emissions following the project that an existing unit 

could have emitted during the consecutive 24-month 

period used to establish the baseline actual emissions and 

that are also unrelated to the particular project, including 

any increased utilization due to product demand growth, 

provided such exclusion shall not reduce any calculated 

increases in emissions that are caused by, result from, or 

are related to the particular project; or 

d. In lieu of using the method set out in subdivisions a 

through c of this definition, may elect to use the emissions 

unit's potential to emit, in tons per year. 

"Reactivation of a very clean coal-fired electric utility steam 

generating unit" means any physical change or change in the 

method of operation associated with the commencement of 

commercial operations by a coal-fired utility unit after a 

period of discontinued operation where the unit: 

a. Has not been in operation for the two-year period prior 

to the enactment of the federal Clean Air Act Amendments 

of 1990, and the emissions from such unit continue to be 

carried in the department's emissions inventory at the time 

of enactment; 

b. Was equipped prior to shut-down with a continuous 

system of emissions control that achieves a removal 

efficiency for sulfur dioxide of no less than 85% and a 

removal efficiency for particulates of no less than 98%; 

c. Is equipped with low-NOX burners prior to the time of 

commencement of operations following reactivation; and 

d. Is otherwise in compliance with the requirements of the 

federal Clean Air Act. 

"Reasonably available control technology" or "RACT" 

means the lowest emission limit that a particular source is 

capable of meeting by the application of control technology 

that is reasonably available, considering technological and 

economic feasibility. 

"Regulated NSR pollutant" means: 

a. Any pollutant for which an ambient air quality standard 

has been promulgated and any pollutant identified under 

this subdivision as a constituent or precursor to such 

pollutant. This includes, but is not limited to, the 

following:

(1) PM2.5 emissions and PM10 emissions shall include 

gaseous emissions from a source or activity that 

condense to form particulate matter at ambient 

temperatures. On or after January 1, 2011, such 

condensable particulate matter shall be accounted for in 

applicability determinations and in establishing 

emissions limitations for PM2.5 and PM10 issued under 

this article. Compliance with emissions limitations for 

PM2.5 and PM10 issued prior to this date shall not be 

based on condensable particulate matter unless required 

by the terms and conditions of the permit. Applicability 

determinations made prior to this date without 
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accounting for condensable particulate matter shall not 

be considered in violation of this article.

(2) Any pollutant identified under this subdivision as a 

constituent or precursor to a pollutant for which an 

ambient air quality standard has been promulgated.

Precursors identified for the purposes of this article shall 

be the following:

(1) (a) Volatile organic compounds and nitrogen oxides 

are precursors to ozone in all attainment and 

unclassifiable areas.

(2) (b) Sulfur dioxide is a precursor to PM2.5 in all 

attainment and unclassifiable areas.

(3) (c) Nitrogen oxides are presumed to be precursors to 

PM2.5 in all attainment and unclassifiable areas, unless 

the board determines that emissions of nitrogen oxides 

from sources in a specific area are not a significant 

contributor to that area's ambient PM2.5 concentrations.

(4) (d) Volatile organic compounds are presumed not to 

be precursors to PM2.5 in any attainment or unclassifiable 

area, unless the board determines that emissions of 

volatile organic compounds from sources in a specific 

area are a significant contributor to that area's ambient 

PM2.5 concentrations. 

b. Any pollutant that is subject to any standard 

promulgated under § 111 of the federal Clean Air Act. 

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

promulgated under or established by Title VI of the federal 

Clean Air Act. 

d. Particulate matter emissions, PM2.5 emissions, and PM10

emissions shall include gaseous emissions from a source or 

activity that condense to form particulate matter at ambient 

temperatures. On or after January 1, 2011, such 

condensable particulate matter shall be accounted for in 

applicability determinations and in establishing emissions 

limitations for particulate matter, PM2.5 and PM10 in 

permits issued under this article. Compliance with 

emissions limitations for particulate matter, PM2.5 and 

PM10 issued prior to this date shall not be based on 

condensable particulate matter unless required by the terms 

and conditions of the permit. Applicability determinations 

made prior to this date without accounting for condensable 

particulate matter shall not be considered in violation of 

this article.

e. d. Any pollutant that otherwise is subject to regulation 

under the federal Clean Air Act; except that 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), 

which have not been delisted pursuant to § 112(b)(3), are 

not regulated NSR pollutants 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. 

"Repowering" means: 

a. Replacement of an existing coal-fired boiler with one of 

the following clean coal technologies: atmospheric or 

pressurized fluidized bed combustion, integrated 

gasification combined cycle, magnetohydrodynamics, 

direct and indirect coal-fired turbines, integrated 

gasification fuel cells, or as determined by the 

administrator, in consultation with the Secretary of Energy, 

a derivative of one or more of these technologies, and any 

other technology capable of controlling multiple 

combustion emissions simultaneously with improved 

boiler or generation efficiency and with significantly 

greater waste reduction relative to the performance of 

technology in widespread commercial use as of November 

15, 1990. 

b. Repowering shall also include any oil and/or gas-fired 

unit which has been awarded clean coal technology 

demonstration funding as of January 1, 1991, by the 

Department of Energy. 

c. The board may give expedited consideration to permit 

applications for any source that satisfies the requirements 

of this definition and is granted an extension under § 409 

of the federal Clean Air Act. 

"Secondary emissions" means emissions that would occur as 

a result of the construction or operation of a major stationary 

source or major modification, but do not come from the major 

stationary source or major modification itself. For the purpose 

of this article, secondary emissions shall be specific, well 

defined, quantifiable, and affect the same general area as the 

stationary source or modification that causes the secondary 

emissions. Secondary emissions include emissions from any 

offsite support facility that would not be constructed or 

increase its emissions except as a result of the construction or 

operation of the major stationary source or major 

modification. Secondary emissions do not include any 

emissions that come directly from a mobile source, such as 

emissions from the tailpipe of a motor vehicle, from a train, 

or from a vessel. 

"Significant" means: 

a. In reference to a net emissions increase or the potential 

of a source to emit any of the following pollutants, a rate of 

emissions that would equal or exceed any of the following 

rates: 

Pollutant Emissions Rate

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 40 tpy

Sulfur Dioxide 40 tpy

Particulate Matter (TSP) 25 tpy

PM10 15 tpy
Regulations

Volume 29, Issue 17 Virginia Register of Regulations April 22, 2013

2166

PM2.5 10 tpy of direct PM2.5

emissions; 40 tpy of SO2

emissions; 40 tpy of NOX

emissions unless 

demonstrated not to be a 

PM2.5 precursor under the 

definition of "regulated 

NSR pollutant"

Ozone 40 tpy of volatile organic 

compounds or NOX

Lead 0.6 tpy

Fluorides 3 tpy

Sulfuric Acid Mist 7 tpy

Hydrogen Sulfide (H2S) 10 tpy

Total Reduced Sulfur 

(including H2S)

10 tpy

Reduced Sulfur 

Compounds (including 

H2S)

10 tpy

Municipal waste combustor 

organics (measured as total 

tetra-through octachlorinated dibenzo-pdioxins and dibenzofurans)

3.5 x 10-6tpy

Municipal waste combustor 

metals (measured as 

particulate matter)

15 tpy

Municipal waste combustor 

acid gases (measured as the 

sum of SO2 and HCl)

40 tpy

Municipal solid waste 

landfills emissions 

(measured as nonmethane 

organic compounds)

50 tpy

b. In reference to a net emissions increase or the potential 

of a source to emit a regulated NSR pollutant that 

subdivision a of this definition does not list, any emissions 

rate. 

c. Notwithstanding subdivision a of this definition, any 

emissions rate or any net emissions increase associated 

with a major stationary source or major modification that 

would construct within 10 kilometers of a class I area, and 

have an impact on such area equal to or greater than 1 

μg/m3(24-hour average). 

"Significant emissions increase" means, for a regulated NSR 

pollutant, an increase in emissions that is significant for that 

pollutant. 

"Significant emissions unit" means an emissions unit that 

emits or has the potential to emit a PAL pollutant in an 

amount that is significant for that PAL pollutant, but less than 

the amount that would qualify the unit as a major emissions 

unit. 

"Small emissions unit" means 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. 

"State enforceable" means all limitations and conditions that 

are enforceable as a practical matter, including any regulation 

of the board, those requirements developed pursuant to 

9VAC5-170-160, requirements within any applicable order or 

variance, and any permit requirements established pursuant to 

this chapter. 

"State operating permit" means a permit issued under the

state operating permit program. 

"State operating permit program" means an operating permit 

program (i) for issuing limitations and conditions for 

stationary sources; (ii) promulgated to meet the EPA's 

minimum criteria for federal enforceability, including 

adequate notice and opportunity for the EPA and public 

comment prior to issuance of the final permit, and practicable 

enforceability; and (iii) codified in Article 5 (9VAC5-80-800 

et seq.) of this part. 

"Stationary source" means any building, structure, facility, 

or installation that emits or may emit a regulated NSR 

pollutant. 

"Temporary clean coal technology demonstration project" 

means a clean coal technology demonstration project that is 

operated for a period of five years or less, and that complies

with the applicable implementation plan and other 

requirements necessary to attain and maintain the ambient air 

quality standards during the project and after it is terminated. 

VA.R. Doc. No. R13-3536; Filed March 20, 2013, 2:38 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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