Virginia Administrative Code

Database updated through January 6, 2011

Article 10 

Permit Application Fees for Stationary Sources 

9VAC5-80-2250. Applicability. 

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

1. For permit applications subject to review under the provisions of Article 6 (9VAC5-80-1100 et 

seq.) of this part, the provisions of this article shall apply to any of the following: 

a. Permit applications for the construction of a major stationary source at an undeveloped site. 

b. Permit applications for the construction of a major source, as defined in 40 CFR 63.2 at an 

undeveloped site. 

c. Applications for coverage of a major stationary source (or portion thereof) or a major source 

(or portion thereof) under a general permit issued for a stationary source category, if the source 

is to be located at an undeveloped site. 

d. Permit applications for the reactivation of any major source or major stationary source that 

was shut down in accordance with 9VAC5-20-220. 

2. For permit applications subject to review under the provisions of Article 7 (9VAC5-80-1400 et 

seq.) of this part, the provisions of this article apply to permit applications for the construction of a 

major source at an undeveloped site. 

3. For permit applications subject to review under the provisions of Article 8 (9VAC5-80-1700 et 

seq.) or Article 9 (9VAC5-80-2000 et seq.) of this part, the provisions of this article apply to any of 

the following: 

a. Permit applications for the construction of a major stationary source at an undeveloped site. 

b. Permit applications for the reactivation of any major stationary source that was shut down in 
accordance with 9VAC5-80-1930 or 9VAC5-20-220. 

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. Applications for permits for reconstruction of all or part of any stationary source, providing that 

the application is not otherwise subject to permit application fees pursuant to the provisions of 

subsection A of this section. 

2. Applications that are deemed complete prior to July 1, 2004. 

D. The department shall make any final determinations required by this article, including, but not 

limited to: 

1. The applicability of this article; 

2. Any applicability determinations required pursuant to Articles 6 (9VAC5-80-1100 et seq.), 7 

(9VAC5-80-1400 et seq.), 8 (9VAC5-80-1700 et seq.) and 9 (9VAC5-80-2000 et seq.) of this part 

that affect the applicability of this article; and 

3. The amount of permit application fees owed. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 112, 165, 173, and 182 and Title V of the Clean Air Act; and 

40 CFR Parts 51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 20, Issue 23, eff. July 1, 2004; amended, Virginia Register Volume 

21, Issue 4, eff. December 1, 2004. 

9VAC5-80-2260. 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 meaning given them in subsection D of this section. 

B. All words and phrases not defined in subsection D of this section shall have the meaning given 
them in Article 6 (9VAC5-80-1110 C), Article 7 (9VAC5-80-1410 C), Article 8 (9VAC5-80-1710 C) or 

Article 9 (9VAC5-80-2010 C) of this part, as may apply, unless otherwise required by context. 

C. All words and phrases not defined in subsection D of this section and not defined in applicable 

subsections of Article 6 (9VAC5-80-1110 C), Article 7 (9VAC5-80-1410 C), Article 8 (9VAC5-80-1710 C) 

or Article 9 (9VAC5-80-2010 C) of this part shall have the meaning given them in 9VAC5 Chapter 10 

unless otherwise required by context. 

D. Terms defined. 

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

information necessary for processing the application. Designating an application complete for the 

purposes of permit processing does not preclude the board from requesting or accepting any additional 

information. 

"Reactivation" means beginning operation of an emissions unit that has been shut down. 

"Undeveloped site" means any site or facility at which no emissions units are located. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 112, 165, 173, and 182 and Title V of the Clean Air Act; 40 

CFR Parts 51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 20, Issue 23, eff. July 1, 2004. 

9VAC5-80-2270. General. 

Any person submitting a permit application subject to this article shall pay a permit application fee in 

the amount determined in accordance with 9VAC5-80-2280. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 112, 165, 173, and 182 and Title V of the Clean Air Act; 40 

CFR Parts 51, 61, 63, 70 and 72. 
Historical Notes 

Derived from Virginia Register Volume 20, Issue 23, eff. July 1, 2004. 

9VAC5-80-2280. Permit application fee calculation. 

A. The amount of the permit application fee shall be the sum of the following, as applicable: 

1. Permit applications subject to review pursuant to the provisions of Article 9 (9VAC5-80-2000 et 

seq.) of this part shall be subject to a permit application fee of $20,000. 

2. Permit applications subject to review pursuant to the provisions of Article 8 (9VAC5-80-1700 et 

seq.) of this part shall be subject to a permit application fee of $30,000. 

3. Permit applications subject to review pursuant to the provisions of Article 7 (9VAC5-80-1400 et 

seq.) of this part shall be subject to a permit application fee of $15,000. 

4. Permit applications subject to the provisions of Article 6 (9VAC5-80-1100 et seq.) of this part 

(other than applications for coverage under general permits issued under 9VAC5-80-1250) shall be 

subject to a permit application fee of $5,300. 

5. Applications for coverage under a general permit pursuant to the provisions of Article 6 (9VAC5-

80-1250) of this part shall be subject to a permit application fee of $300. 

B. The total amount of the fee for a single permit application shall not exceed $30,000. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 112, 165, 173, and 182 and Title V of the Clean Air Act; 40 

CFR Parts 51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 20, Issue 23, eff. July 1, 2004. 

9VAC5-80-2290. Permit application fee payment. 

A. The permit application fee required by this article is due on the date that the permit application is 

received by the department. The permit application fee is nonrefundable. Incomplete payment shall be 
deemed as nonpayment. 

B. The permit application shall not be considered complete until a permit application fee for the proper 

amount is received. Review of the application will not proceed past an initial applicability determination 

until a permit application fee for the proper amount is received. 

C. The fee shall be paid by check, draft or postal money order made payable to the "Treasurer of 

Virginia" and shall be sent to the Department of Environmental Quality, Receipts Control, P.O. Box 

10150, Richmond, Virginia 23240. When the department is able to accept electronic payments, payments 

may be submitted electronically. 

D. The permit application should be mailed to the appropriate regional office. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 112, 165, 173, and 182 and Title V of the Clean Air Act; 40 

CFR Parts 51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 20, Issue 23, eff. July 1, 2004. 

9VAC5-80-2300. Annual permit program fee credit. 

The amount of the permit application fee paid by the owner shall be credited towards the amount of 

annual permit program fees owed pursuant to Article 2 (9VAC5-80-310 et seq.) of this part as follows: 

1. The amount of the credit applied shall not exceed the amount of annual permit program fees 

owed during the first two years of the source's operation. 

2. The credit shall be applied as follows: 

a. A portion of the permit application fee shall be credited toward the annual permit program fee 

owed for the first year of operation, up to the full amount of the permit application fee or up to 

the full amount of the annual permit program fee owed, whichever is less. 

b. Any remainder of credit for the permit application fee shall be applied to the annual permit 

program fee owed for the second year of operation, up to the amount of those annual permit 
program fees. Any amount of the permit application fee remaining after applying credit for the 

first two years of operation shall not be carried forward as credit for annual permit program fees 

for a third year of operation or any later year. 

c. In the event that the proper credit for the permit application fee is not reflected in the annual 

permit program fee billed to the owner, the owner shall request that the bill for the annual permit 

program fee amount be revised in accordance with 9VAC5-80-350 B 3. Failure to request such 

a revision shall not be grounds for applying remaining credit to annual permit program fees 

owed for the third year of operation or any later year. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 112, 165, 173, and 182 and Title V of the Clean Air Act; 40 

CFR Parts 51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 20, Issue 23, eff. July 1, 2004.