Virginia Administrative Code

Database updated through January 6, 2011

Part I 

Special Provisions 

9VAC5-60-10. Applicability. 

A. The provisions of this chapter shall apply to all existing, new and modified hazardous air pollutant 

sources for which emission standards are prescribed under this chapter. 

B. For sources subject to the applicable subparts listed in 9VAC5-60-70, the provisions of 40 CFR 

61.09, 40 CFR 61.10, 40 CFR 61.12, 40 CFR 61.13, and 40 CFR 61.14 shall be implemented through this 

part. In cases where there are differences between the provisions of this part and the provisions of 40 

CFR Part 61, the more restrictive provisions shall apply. 

C. For sources subject to the applicable subparts listed in 9VAC5-60-100, the provisions of 40 CFR 

63.6, 40 CFR 63.7, 40 CFR 63.8, 40 CFR 63.9, 40 CFR 63.10 and 40 CFR 63.11 shall be implemented 

through this part. In cases where there are differences between the provisions of this part and the 

provisions of 40 CFR Part 63, the more restrictive provisions shall apply. 

D. Any owner subject to the provisions of this chapter may provide any report, notification or other 

document by electronic media if acceptable to both the owner and the board. This subsection shall not 

apply to documents requiring signatures or certification under 9VAC5-20-230. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-06-01, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 21, eff. 

August 1, 2002. 

9VAC5-60-20. Compliance. 
A. Ninety days after the effective date of any emission standard prescribed under this chapter no 

owner or other person shall operate any existing hazardous air pollutant source in violation of such 

standard. After the effective date of any emission standard prescribed under this chapter no owner or 

other person shall operate any new or modified hazardous air pollutant source in violation of such 

standard. 

1. Compliance with standards in this chapter shall be determined by emission tests established by 

9VAC5-60-30, unless specified otherwise in the applicable standard. 

2. Compliance with federal requirements in this chapter may be determined by alternative or 

equivalent methods only if approved by the administrator. For purposes of this subsection, federal 

requirements consist of 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. Emission standards established pursuant to § 112 of the federal Clean Air Act before it was 

amended in 1990. 

c. All terms and conditions in a federal operating permit, including any provisions that limit a 

source's potential to emit, unless expressly designated as not federally enforceable. 

d. Limitations and conditions that are part of an implementation plan. 

e. Limitations and conditions that are part of a section 111(d) or section 111(d)/129 plan. 

f. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 

52.21 or any construction permit issued under regulations approved by EPA in accordance with 

40 CFR Part 51. 

g. Limitations and conditions that are part of an operating permit issued pursuant to a program 

approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal 

enforceability, including adequate notice and opportunity for EPA and public comment prior to 
issuance of the final permit and practicable enforceability. 

h. Limitations and conditions 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. 

B. No owner of a hazardous air pollutant source subject to the provisions of this chapter shall fail to 

conduct emission tests as required under this chapter. 

C. No owner of a hazardous air pollutant source subject to the provisions of this chapter shall fail to 

install, calibrate, maintain and operate equipment for continuously monitoring and recording emissions, 

process parameters or air quality, or both, as required in this chapter. 

D. No owner of a hazardous air pollutant source subject to the provisions of this chapter shall fail to 

provide notifications and reports, revise reports, maintain records or report emission test or monitoring 

results, or both, as required under this chapter. 

E. For the purpose of submitting compliance certifications or establishing whether or not a person has 

violated or is in violation of any standard in this chapter, nothing in this chapter shall preclude the use, 

including the exclusive use, of any credible evidence or information relevant to whether a source would 

have been in compliance with applicable requirements if the appropriate performance or compliance test 

or procedure had been performed. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-06-02, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 21, eff. 

August 1, 2002. 

9VAC5-60-30. Emission testing. 

A. Emission tests for hazardous air pollutant sources shall be conducted and reported and data shall 

be reduced as set forth in this chapter and in the appropriate reference methods unless the board (i) 
specifies or approves, in specific cases, the use of a reference method with minor changes in 

methodology; (ii) approves the use of an equivalent method; (iii) approves the use of an alternative 

method the results of which the board has determined to be adequate for indicating whether a specific 

source is in compliance; (iv) waives the requirement for emission tests because the owner of a source 

has demonstrated by other means to the board's satisfaction that the affected facility is in compliance with 

the standard; or (v) approves shorter sampling times and smaller sample volumes when necessitated by 

process variables or other factors. 

B. Emission testing for hazardous air pollutant sources shall be subject to testing guidelines approved 

by the board. Procedures may be adjusted or changed by the board to suit specific sampling conditions or 

needs based upon good practice, judgement and experience. When such tests are adjusted, 

consideration shall be given to the effect of such change on established emission standards. Tests shall 

be performed under the direction of persons whose qualifications are acceptable to the board. 

C. Emission tests for hazardous air pollutant sources shall be conducted under conditions which the 

board shall specify to the owner based on representative performance of the source. The owner shall 

make available to the board such records as may be necessary to determine the conditions of the 

emission tests. Operations during periods of startup, shutdown and malfunction shall not constitute 

representative conditions for the purpose of an emission test. During the initial emission test, emissions in 

excess of the level of the applicable emission limit during periods of startup, shutdown, and malfunction 

shall not be considered a violation of the applicable emission limit unless otherwise specified in the 

applicable standard. 

D. Each emission test for a hazardous air pollutant source shall consist of three separate runs using 

the applicable test method. Each run shall be conducted for the time and under the conditions specified in 

the applicable standard. For the purpose of determining compliance with an applicable standard the 

arithmetic mean of the results of the three runs shall apply. In the event that a sample is accidentally lost 

or if conditions occur in which one of the three runs must be discontinued because of forced shutdown, 

failure of the sample train, extreme meteorological conditions or other circumstances beyond the owner's 
control, compliance may, upon the approval of the board, be determined using the arithmetic mean of the 

results of the two other runs. 

E. The board may test emissions of air pollutants from any hazardous air pollutant source. Upon 

request of the board the owner shall provide, or cause to be provided, emission testing facilities as 

follows: 

1. Sampling ports adequate for test methods applicable to such source. This includes (i) 

constructing the air pollution control system such that volumetric flow rates and pollutant emission 

rates can be accurately determined by applicable test methods and procedures and (ii) providing a 

stack or duct with acceptable flow characteristics during emission tests, as demonstrated by 

applicable test methods and procedures. 

2. Safe sampling platforms. 

3. Safe access to sampling platforms. 

4. Utilities for sampling and testing equipment. 

F. Upon request of the board, the owner of any hazardous air pollutant source subject to the 

provisions of this chapter shall conduct emission tests in accordance with procedures approved by the 

board. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-06-03, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 21, eff. 

August 1, 2002. 

9VAC5-60-40. Monitoring. 

A. Unless otherwise approved by the board or specified in applicable subparts listed in 9VAC5-60-70, 

the requirements of this section shall apply to all monitoring required in accordance with applicable 

subparts listed in 9VAC5-60-70. However, nothing in this chapter shall exempt any owner from complying 
with subsection C of this section. 

B. Monitoring shall be conducted and reported and data shall be reduced as set forth in the methods 

and procedures contained in each applicable subpart listed in 9VAC5-60-70. 

C. Upon request of the board, the owner of a hazardous air pollutant source subject to the provisions 

of this chapter shall install, calibrate, maintain and operate equipment for continuously monitoring and 

recording emissions, process parameters and air quality in accordance with methods and procedures 

acceptable to the board. 

Statutory Authority 

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

Historical Notes 

Derived from VR120-06-04, eff. January 1, 1985. 

9VAC5-60-50. Notification, records and reporting. 

A. Any owner of a hazardous air pollutant source subject to the provisions of this chapter shall provide 

written notifications to the board of the following: 

1. The date of commencement of construction, reconstruction or modification of a new or modified 

hazardous air pollutant source postmarked no later than 30 days after such date. 

2. The anticipated date of initial startup of any new or modified hazardous air pollutant source not 

more than 60 days or less than 30 days prior to such date. 

3. The actual date of initial startup of any new or modified hazardous air pollutant source within 15 

days after such date. 

4. The date of any emission test the owner wishes the board to consider in determining compliance 

with a standard. Notification shall be postmarked not less than 30 days prior to such date. 

B. Any owner of a hazardous air pollutant source subject to the provisions of subparts listed in 9VAC5-

60-70 shall maintain records of the occurrence and duration of any startup, shutdown or malfunction in 

the operation of a hazardous air pollutant source; any malfunction in the operation of a hazardous air 
pollutant source; any malfunction of the air pollution control equipment; or any periods during which a 

continuous monitoring system or monitoring device is inoperative. 

C. The owner of any existing hazardous air pollutant source or any new or modified hazardous air 

pollutant source to which an emission standard prescribed under the subparts listed in 9VAC5-60-70 is 

applicable which has an initial startup which preceded the effective date of an emission standard 

prescribed under this chapter shall, within 90 days after the effective date, provide the following 

information in writing to the board: 

1. Name and address of the owner; 

2. The location of the source; 

3. The type of hazardous air pollutants emitted by the source; 

4. A brief description of the nature, size, design and method of operation of the source including 

the operating design capacity of such source. Identify each point of emission for each hazardous 

air pollutant; 

5. The average weight per month of the hazardous materials being processed by the source, over 

the last 12 months preceding the date of the report; 

6. A description of the existing control equipment for each emission point; 

a. Primary control devices for each hazardous air pollutant. 

b. Secondary control devices for each hazardous air pollutant. 

c. Estimated control efficiency (percent) for each control device. 

7. A statement by the owner of the source as to whether he can comply with the emission 

standards prescribed in this chapter within 90 days of the effective date. 

D. Changes in the information provided under subsection C of this section shall be provided to the 

board within 30 days after such change, except that, if the changes result from modification of the source, 

the provisions of 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) are applicable. 

E. Reporting under this section shall be according to procedures acceptable to the board. Advice on 
reporting the status of compliance may be obtained from the board. 

F. Upon request of the board, the owner of a hazardous air pollutant source subject to the provisions 

of this chapter shall provide notifications and reports, revise reports, maintain records or report emission 

test or monitoring results in a manner and form and using procedures acceptable to the board. 

Statutory Authority 

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

Historical Notes 

Derived from VR120-06-05, eff. January 1, 1985.