Virginia Administrative Code

Database updated through January 6, 2011

Article 2 

Permit Program Fees for Stationary Sources 

9VAC5-80-310. Applicability. 

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

following stationary sources: 

1. Any major source. 

2. Any source, including an area source, subject to a standard, limitation, or other requirement 

under § 111 of the federal Clean Air Act. 

3. Any source, including an area source, subject to a standard, limitation, or other requirement 

under § 112 of the federal Clean Air Act. 

4. Any affected source. 

5. Any other source subject to the permit requirements of Article 1 (9VAC5-80-50 et seq.) or Article 

3 (9VAC5-80-360 et seq.) of this chapter. 

6. Any source that would be subject to the permit requirements of Article 1 (9VAC5-80-50 et seq.) 

of this chapter in the absence of a permit issued under 9VAC5-80-40. 

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

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

1. All sources and source categories that would be subject to this article solely because they are 

subject to the provisions of 40 CFR Part 60, Subpart AAA (standards of performance for new 

residential wood heaters), as prescribed in Article 5 (9VAC5-50-400 et seq.) of 9VAC5 Chapter 50. 

2. All sources and source categories that would be subject to this article solely because they are 

subject to the provisions of 40 CFR 61.145 (national emission standard for hazardous air pollutants 
for asbestos, standard for demolition and renovation), Subpart M, as prescribed in Article 1 

(9VAC5-60-60 et seq.) of 9VAC5 Chapter 60. 

3. Any source issued a permit under the new source review program that began initial operation 

during the calendar year preceding the year in which the annual permit program fee is assessed. 

4. That portion of emissions in excess of 4,000 tons per year of any regulated air pollutant emitted 

by any source otherwise subject to an annual permit program fee. 

5. During the years 1995 through 1999 inclusive, any affected source under § 404 of the federal 

Clean Air Act (phase I sulfur dioxide requirements). 

6. Any emissions unit within a stationary source subject to this article that is identified as being an 

insignificant activity in Article 4 (9VAC5-80-710 et seq.) of this chapter. 

7. All sources and source categories that would be subject to this article solely because they are 

subject to regulations or requirements under § 112(r) of the federal Clean Air Act. 

8. Any source deferred by the provisions of subsection D of this section provided the source is not 

part of a major source. 

D. Sources shall be deferred from initial applicability as follows. 

1. Area sources subject to this article under subdivision A 2 or A 3 of this section shall be deferred 

from the obligation to pay fees under this article except as follows. 

a. In cases for which EPA has promulgated a standard under § 111 or § 112 of the federal 

Clean Air Act and has declared that the facility or source category covered by the standard is 

subject to the Title V program, the facility or source category shall be subject to this article. 

b. In cases for which EPA has promulgated a standard under § 111 or § 112 of the federal 

Clean Air Act after July 21, 1992, and has failed to declare whether the facility or source 

category covered by the standard is subject to the Title V program, the facility or source 

category shall be subject to this article. 

2. The following sources shall not be deferred from the obligation to pay fees under this article: 
a. Major sources. 

b. Solid waste incineration units subject to the provisions of 9VAC5 Chapter 40 (9VAC5-40-10 

et seq.) and 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) as adopted pursuant to § 129(e) of the 

federal Clean Air Act. 

3. Any source deferred under subdivision 1 of this subsection may apply for a permit under Article 

1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of 9VAC5 Chapter 80. If the source 

applies for a permit, the source shall be subject to this article and shall pay fees accordingly. 

E. Particulate matter emissions shall be used to determine the applicability of this article to major 

sources or to determine actual emissions only if particulate matter (PM10) emissions cannot be quantified 

in a manner acceptable to the board. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-08-0601, eff. April 1, 1995; amended, Virginia Register Volume 12, Issue 25, eff. 

October 15, 1996; Volume 17, Issue 20, eff. July 18, 2001. 

9VAC5-80-320. Definitions. 

A. For the purpose of this article and subsequent amendments or any orders issued by the board, the 

words or phrases shall have the meanings given them in subsection C of this section. 

B. All words and phrases not defined in subsection C of this section shall have the meanings given 

them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context. 

C. Terms defined. 

"Actual emissions" means the actual rate of emissions in tons per year of any regulated air pollutant 

emitted from a source subject to this article over the preceding calendar year. Actual emissions may be 

calculated according to any method acceptable to the department provided such calculation takes into 

account the source's actual operating hours, production rates, in-place control equipment, and types of 
materials processed, stored, or combusted during the preceding calendar year. Any regulated pollutant 

which could be classed in more than one category shall be classed in only one category. 

"Affected source" means a source that includes one or more affected units. 

"Affected unit" means a unit that is subject to any federal acid rain emissions reduction requirement or 

acid rain emissions limitation under 40 CFR Parts 72, 73, 75, 77 or 78. 

"Area source" means any stationary source that is not a major source. For purposes of this section, 

the phrase "area source" shall not include motor vehicles or nonroad vehicles. 

"Hazardous air pollutant" means any air pollutant listed in § 112(b) of the federal Clean Air Act, as 

amended by 40 CFR 63.60. 

"Major source" means: 

a. For hazardous air pollutants other than radionuclides, any stationary source that emits or has 

the potential to emit, in the aggregate, 10 tons per year or more of any hazardous air pollutant or 

25 tons per year or more of any combination of hazardous air pollutants. Notwithstanding the 

preceding sentence, emissions from any oil or gas exploration or production well (with its 

associated equipment) and emissions from any pipeline compressor or pump station shall not be 

aggregated with emissions from other similar units, whether or not such units are in a contiguous 

area or under common control, to determine whether such units or stations are major sources. 

b. For air pollutants other than hazardous air pollutants, any stationary source that directly emits or 

has the potential to emit 100 tons per year or more of any air pollutant (including any major source 

of fugitive emissions of any such pollutant). The fugitive emissions of a stationary source shall not 

be considered in determining whether it is a major stationary source, unless the source belongs to 

one of the following categories of stationary source: 

(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 plant; 

(18) Sintering plants; 

(19) Secondary metal production plants; 

(20) Chemical process plants; 

(21) Fossil-fuel boilers (or combination thereof) 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; or 

(27) Any other stationary source category regulated under § 111 or § 112 of the federal Clean 

Air Act for which the administrator has made an affirmative decision under § 302(j) of the 

federal Clean Air Act. 

c. For ozone nonattainment areas, any stationary source with the potential to emit 100 tons per 

year or more of volatile organic compounds or nitrogen oxides in areas classified as "marginal" or 

"moderate," 50 tons per year or more in areas classified as "serious," 25 tons per year or more in 

areas classified as "severe," and 10 tons per year or more in areas classified as "extreme"; except 

that the references in this definition to 100, 50, 25, and 10 tons per year of nitrogen oxides shall not 

apply with respect to any source for which the administrator has made a finding that requirements 

under § 182(f) of the federal Clean Air Act (NOx requirements for ozone nonattainment areas) do 

not apply. 

d. For attainment areas in ozone transport regions, any stationary source with the potential to emit 

50 tons per year or more of volatile organic compounds. 

"Permit program costs" means all reasonable (direct and indirect) costs required to develop, 

administer, and enforce the permit program; and to develop and administer the Small Business Technical 

and Environmental Compliance Assistance Program established pursuant to the provisions of § 10.1-

1323 of the Code of Virginia. 

"Potential to emit" means the maximum capacity of a stationary source to emit any air pollutant under 

its physical and operational design. Any physical or operational limitation on the capacity of a source to 

emit an air 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 is state and federally enforceable. 

"Regulated air pollutant" means any of the following: 
a. Nitrogen oxides or any volatile organic compound; 

b. Any pollutant for which an ambient air quality standard has been promulgated except carbon 

monoxide; 

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

d. Any pollutant subject to a standard promulgated under § 112 (hazardous air pollutants) or other 

requirements established under § 112 of the federal Clean Air Act, particularly §§ 112(b), 112(d), 

112(g)(2), 112(j), and 112(r); except that any pollutant that is a regulated pollutant solely because it 

is subject to a standard or regulation under § 112(r) of the federal Clean Air Act shall be exempt 

from this article. 

"Research and development facility" means all the following as applied to any stationary source: 

a. The primary purpose of the source is the conduct of either (i) research and development into 

new products or processes or into new uses for existing products or processes or (ii) basic 

research to provide for education or the general advancement of technology or knowledge; 

b. The source is operated under the close supervision of technically trained personnel; and 

c. The source is not engaged in the manufacture of products in any manner inconsistent with 

clause a (i) or (ii) of this definition. 

An analytical laboratory that primarily supports a research and development facility is considered to be 

part of that facility. 

"Stationary source" means any building, structure, facility or installation which emits or may emit any 

regulated air pollutant. A stationary source shall include all of the pollutant-emitting activities which belong 

to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are 

under the control of the same persons (or persons under common control). Pollutant-emitting activities 

shall be considered as part of the same industrial grouping if they belong to the same "major group" (i.e., 

if they have the same two-digit code) as described in the Standard Industrial Classification Manual (see 

9VAC5-20-21). Any research and development facility shall be considered a separate stationary source 
from the manufacturing or other facility with which it is co-located. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-08-0602, eff. April 1, 1995; amended, Virginia Register Volume 12, Issue 25, eff. 

October 15, 1996; Volume 17, Issue 20, eff. July 18, 2001. 

9VAC5-80-330. General. 

A. The owner of any source subject to this article shall pay an annual permit program fee. 

B. Permit program fees collected pursuant to this article for sources subject to Article 1 (9VAC5-80-50 

et seq.) of this chapter shall not be used for any purpose other than as provided in Title V of the federal 

Clean Air Act and associated regulations and policies. 

C. The owner shall be exempt from paying the annual permit program fee for any year during which 

the total actual emissions are 10 tons or less. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-08-0603, eff. April 1, 1995; amended, Virginia Register Volume 17, Issue 20, eff. 

July 18, 2001. 

9VAC5-80-340. Annual permit program fee calculation. 

A. The annual permit program fee shall not exceed the base year amount as specified in § 10.1-1322 

B of the Virginia Air Pollution Control Law and shall be adjusted annually by the Consumer Price Index as 

provided in § 10.1-1322 B of the Virginia Air Pollution Control Law. 

1. The annual permit program fee shall be increased (consistent with the need to cover reasonable 

costs) each year by the percentage, if any, by which the Consumer Price Index for the most recent 
calendar year ending before the beginning of such year exceeds the Consumer Price Index for the 

calendar year 1989. The Consumer Price Index for any calendar year is the average of the 

Consumer Price Index for all urban consumers published by the U.S. Department of Labor, as of 

the close of the 12-month period ending on August 31 of each calendar year. 

2. The revision of the Consumer Price Index which is most consistent with the Consumer Price 

Index for the calendar year 1989 shall be used. 

B. The annual permit program fee described in subsection A of this section and the amount billed to 

the owner as provided in subsection A of 9VAC5-80-350 for a given year shall be calculated in 

accordance with the following formulae: 

B = (A)(F)

F = X(1 + ∆CPI)

∆CPI =

CPI - 122.15

122.15

where: 

B = the amount billed to the owner during the year after the year in which the actual emissions 

occurred, expressed in dollars 

A = actual emissions covered by permit fees, expressed in tons 

F = the maximum adjusted fee per ton for the calendar year in which the actual emissions 

occurred, expressed in dollars per ton 

X = 25, expressed in dollars per ton 

∆CPI = the difference between the CPI and 122.15 (the average of the Consumer Price Index for 

all-urban consumers for the 12-month period ending on August 31, 1989). 

CPI = the average of the Consumer Price Index for all-urban consumers for the 12-month period 

ending on August 31 of the year in which the emissions actually occurred, expressed as a 

percentage 

C. The actual emissions covered by the permit program fees for the preceding year shall be calculated 
by the owner and submitted to the department by April 15 of each year. The calculations and final amount 

of emissions are subject to verification and final determination by the department. 

D. If the assessment of the annual permit program fee calculated in accordance with subsections A, B, 

and C of this section results in a total amount of fee revenue in excess of the amount necessary to fund 

the permit program costs, a lesser annual permit program fee shall instead be calculated and assessed 

according to the formula specified in subsection E of this section. Any adjustments made to the annual 

permit program fee shall be within the constraints of 40 CFR 70.9 and § 10.1-1322 of the Virginia Air 

Pollution Control Law. 

E. The lesser annual permit program fee shall be calculated according to the following formula: 

estimated permit program costs divided by estimated actual emissions = lesser annual permit program 

fee. The estimated permit program costs and estimated actual emissions shall be determined from the 

data specified in subdivisions 1 and 2 of this subsection, incorporating any anticipated adjustments to the 

data. 

1. The current permit program costs shall be determined from the most recent available annual 

expenditure record of the amount spent by the department on permit program costs. 

2. The current actual emissions shall be determined from the most recent available annual 

emissions inventory of the actual emissions for each regulated pollutant subject to fees from all 

sources subject to the annual permit program fee. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-08-0604, eff. April 1, 1995; amended, Virginia Register Volume 12, Issue 25, eff. 

October 15, 1996; Volume 17, Issue 20, eff. July 18, 2001. 

9VAC5-80-350. Annual permit program fee payment. 

A. Upon determining that the owner owes an annual permit program fee, the department shall mail a 
bill for the fee to that owner no later than August 1, or in the case of the initial bill no later than 60 days 

after federal program approval, unless the governor determines that fees are needed earlier for Virginia to 

maintain primacy over the program, as provided in § 10.1322 B of the State Air Pollution Control Law. 

B. Within 30 days following the date of the postmark on the bill, the owner shall respond in one of the 

following ways: 

1. The owner shall pay the fee in full. 

2. The owner may elect to pay the fee in equal quarterly payments and shall pay one quarter of the 

fee. The first payment shall be accompanied by a written statement that the second quarter of the 

fee shall be paid no later than December 1 of the year of the issuance of the bill, the third quarter 

of the fee shall be paid no later than March 1 of the year following the issuance of the bill, and the 

fourth quarter of the fee shall be paid no later than June 1 of the year following the issuance of the 

bill. If an owner fails to pay a quarterly payment by the deadline, the department may, in addition to 

other remedies available under the law, issue to the owner a notice of failure to pay. The notice 

shall require payment of the entire remainder of the annual fee payment within 30 days of the date 

of the notice, or inform the owner that he shall be ineligible to opt for the quarterly payment 

schedule established in this subdivision until eligibility is reinstated by written notice from the 

department, or both. 

3. The owner may file a request that the fee amount be revised if he can document that the 

emissions estimate on which the fee was based is in error. This request shall include appropriate 

source identification data, the revised emissions estimate, the revised fee amount, adequate 

supporting documentation, and other information as the board may require. The owner shall file the 

request with the appropriate regional office in a form acceptable to the board. If the department 

approves the request, the revised fee amount shall be paid in one of two ways: 

a. In full within 30 days of the date of approval; or 

b. In quarterly payments, with the first payment being paid within 30 days of the date of 

approval and the other payments being paid according to the schedule set out in subdivision 2 
of this subsection. 

C. The fee shall be paid by check or money order made payable to the Treasurer of Virginia and 

mailed to the address specified by the department. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-08-0605, eff. April 1, 1995; amended, Virginia Register Volume 12, Issue 25, eff. 

October 15, 1996; Volume 17, Issue 20, eff. July 18, 2001. 

9VAC5-80-355. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 12, Issue 25, eff. October 15, 1996.; repealed, Virginia Register 

Volume 17, Issue 20, eff. July 18, 2001.