Virginia Administrative Code

Database updated through April 1, 2011

Article 9 

Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas or the 

Ozone Transport Region 

9VAC5-80-2000. Applicability. 

A. The provisions of this article apply to the construction of any new major stationary source or a major 

modification that is major for the pollutant for which the area is designated as nonattainment. 

B. The provisions of this article apply in (i) nonattainment areas designated in 9VAC5-20-204 or (ii) the 

Ozone Transport Region as defined in 9VAC5-80-2010 C. This article applies to all localities in the Ozone 

Transport Region regardless of a locality's nonattainment status. 

C. If the Ozone Transport Region is designated attainment for ozone, sources located or planning to 

locate in the region shall be subject to the offset requirements for areas classified as moderate in 9VAC5-

80-2120 B 2. If the Ozone Transport Region is designated nonattainment for ozone, sources located or 

planning to locate in the region shall be subject to the offset requirements of 9VAC5-80-2120 B 

depending on the classification except if the classification is marginal or there is no classification, the 

classification shall be moderate for purpose of applying 9VAC5-80-2120 B. 

D. At such time that a particular source or modification becomes a major stationary source or major 

modification solely by virtue of a relaxation in any enforceable limitation which was established after 

August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a 

restriction on hours of operation, then the requirements of this article shall apply to the source or

modification as though construction had not commenced on the source or modification. 

E. Unless specified otherwise, the provisions of this article apply as follows: 

1. Provisions referring to "sources," "new and/or modified sources" or "stationary sources" apply to 

the construction of all major stationary sources and major modifications. 

2. Any emissions units or pollutants not subject to the provisions of this article may be subject to 

the provisions of Article 6 (9VAC5-80-1100 et seq.), Article 7 (9VAC5-80-1400 et seq.), or Article 8 

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

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3. Provisions referring to "state and federally enforceable" and "federally and state enforceable" or 

similar wording shall mean "state-only enforceable" for terms and conditions of a permit designated 

state-only enforceable under 9VAC5-80-2020 E. 

F. Unless otherwise approved by the board or prescribed in these regulations, when this article is 

amended, the previous provisions of this article shall remain in effect for all applications that are deemed 

complete under the provisions of 9VAC5-80-2060 A prior to September 1, 2006. Any permit applications 

that have not been determined to be complete as of September 1, 2006, shall be subject to the new 

provisions. 

G. Regardless of the exemptions provided in this article, no owner or other person shall circumvent 

the requirements of this article by causing or allowing a pattern of ownership or development over a 

geographic area of a source which, except for the pattern of ownership or development, would otherwise 

require a permit. 

H. The requirements of this article will be applied in accordance with the following principles: 

1. Except as otherwise provided in subsection I of this section, and consistent with the definition of 

"major modification," a project is a major modification for a regulated NSR pollutant if it causes two 

types of emissions increases: (i) a significant emissions increase and (ii) a significant net

emissions increase. A project is not a major modification if it does not cause a significant emissions 

increase. If a project causes a significant emissions increase, then the project is a major

modification only if it also results in a significant net emissions increase. 

2. The procedure for calculating (before beginning actual construction) whether a significant

emissions increase (i.e., the first step of the process) will occur depends upon the type of

emissions units being modified, according to subdivisions 3 and 4 of this subsection. The

procedure for calculating (before beginning actual construction) whether a significant net emissions 

increase will occur at the source (i.e., the second step of the process) is contained in the definition 

of "net emissions increase." Regardless of any such preconstruction projections, a major

modification results if the project causes a significant emissions increase and a significant net 

emissions increase. 

3. The actual-to-projected-actual applicability test for projects that only involve existing emissions 

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units shall be as provided in this subdivision. A significant emissions increase of a regulated NSR 

pollutant is projected to occur if the sum of the difference between the projected actual emissions 

and the baseline actual emissions for each existing emissions unit, equals or exceeds the

significant amount for that pollutant. 

4. The actual-to-potential test for projects that only involve construction of a new emissions unit 

shall be as provided in this subdivision. A significant emissions increase of a regulated NSR

pollutant is projected to occur if the sum of the difference between the potential to emit from each 

new emissions unit following completion of the project and the baseline actual emissions of these 

units before the project equals or exceeds the significant amount for that pollutant. 

5. The hybrid test for projects that involve multiple types of emissions units shall be as provided in 

this subdivision. A significant emissions increase of a regulated NSR pollutant is projected to occur 

if the sum of the emissions increases for each emissions unit, using the method specified in 

subdivisions 3 and 4 of this subsection as applicable with respect to each emissions unit, for each 

type of emissions unit is significant for that pollutant. For example, if a project involves both an 

existing emissions unit and a new unit, the projected increase is determined by summing the 

values determined using the method specified in subdivision 3 of this subsection for the existing 

unit and using the method specified in subdivision 4 of this subsection for the new unit. 

I. For any major stationary source for a PAL for a regulated NSR pollutant, the major stationary source 

shall comply with the requirements under 9VAC5-80-2144. 

J. The provisions of 40 CFR Part 60, Part 61 and Part 63 cited in this article apply only to the extent 

that they are incorporated by reference in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5 Chapter 

50 and Article 1 (9VAC5-60-60 et seq.) and Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5 Chapter 

60. 

K. The provisions of 40 CFR Part 51 and Part 58 cited in this article apply only to the extent that they 

are incorporated by reference in 9VAC5-20-21. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

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Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002; Volume 21, Issue 4, eff. December 1, 2004; Volume 22, Issue 23, 

eff. September 1, 2006. 

9VAC5-80-2010. Definitions.

A. As used in this article, all words or terms not defined here shall have the meanings given them in 

9VAC5-10 (General Definitions), unless otherwise required by context.

B. For the purpose of this article, 9VAC5-50-270 and any related use, 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 9VAC5-80-2144. 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 which

precedes the particular date and which 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 the 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. 

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"Administrator" means the administrator of the U.S. Environmental Protection Agency (EPA) or an 

authorized representative. 

"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 which 

restrict the operating rate, or hours of operation, or both) and the most stringent of the following: 

a. The applicable standards set forth in 40 CFR Parts 60, 61 and 63; 

b. Any 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): 

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 

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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. 

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 Article 8 (9VAC5-80-1605 et seq.) of this part. 

"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 may 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

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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 either under 

this section or under a plan approved by the administrator, 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 source shall currently comply, had such 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 

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

emissions need only be adjusted if the state 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 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 b (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 major 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 definition. 

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

emissions unit which 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 which 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 

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emitted from any proposed major stationary source or major modification that the board, on a case-bycase 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 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 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., which have the same two-digit code) as described in the 

"Standard Industrial Classification Manual," as amended by the supplement (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 nitrogen oxides 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 

the U.S. 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 

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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, which 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 application" means that the application contains all 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 purposes of permit processing does not preclude 

the board from requesting or accepting 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 

actual emissions. 

"Continuous emissions monitoring system (CEMS)" means all of the equipment that may be required 

to meet the data acquisition and availability requirements of this section, to sample, condition (if

applicable), analyze, and provide a record of emissions on a continuous basis. 

"Continuous emissions rate monitoring system (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 (CPMS)" means all of the equipment necessary to meet the 

data acquisition and availability requirements of this section, 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 values 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 

megawatt 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 

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affected facility. 

"Emissions cap" means any limitation on the rate of emissions of any air pollutant from one or more 

emissions units established and identified as an emissions cap in any permit issued pursuant to the new 

source review program or operating permit program. 

"Emissions unit" means any part of a stationary source which emits or would have the potential to emit 

any regulated NSR pollutant and includes an electric steam generating unit. For purposes of this article, 

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; 

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 in 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 which 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

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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 any construction permit issued 

under regulations approved by 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,

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quantifiable, and otherwise enforceable as a practical matter. 

(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 

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 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. 

"Lowest achievable emissions rate (LAER)" means for any source, the more stringent rate of

emissions based on the following: 

a. The most stringent emissions limitation which is contained in the implementation plan of any 

state for such class or category of stationary source, unless the owner of the proposed stationary 

source demonstrates that such limitations are not achievable; or 

b. The most stringent emissions limitation which is achieved in practice by such class or category 

of stationary sources. This limitation, when applied to a modification, means the lowest achievable 

emissions rate for the new or modified emissions units within the stationary source. In no event 

shall the application of this term permit a proposed new or modified stationary source to emit any 

pollutant in excess of the amount allowable under an applicable new source standard of

performance. 

"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 

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potential to emit the PAL pollutant in an amount that is equal to or greater than the major source 

threshold for the PAL pollutant for nonattainment areas in subdivision a (1) of the definition of "major 

stationary source." 

"Major modification" 

a. Means any physical change in or change in the method of operation of a major stationary source 

that would result in (i) a significant emissions increase of a regulated NSR pollutant; and (ii) a 

significant net emissions increase of that pollutant from the source. 

b. Any significant emissions increase from any emissions units or net emissions increase at a 

source that is considered significant for volatile organic compounds 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 plan pursuant to the Federal Power Act. 

(3) Use of an alternative fuel by reason of an order or rule § 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 December 21, 1976, unless such

change would be prohibited under any federally and state enforceable permit condition which 

was established after December 21, 1976, 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 which was established 

after December 21, 1976, pursuant to 40 CFR 52.21 or this chapter. 

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

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(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 national ambient air quality

standard during the project and after it is terminated. 

d. This definition shall not apply with respect to a particular regulated NSR pollutant when the 

source is complying with the requirements under 9VAC5-80-2144 for a PAL for that pollutant. 

Instead, the definition for "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 stationary source of air pollutants which emits, or has the potential to emit, (i) 100 tons 

per year or more of a regulated NSR pollutant, (ii) 50 tons per year or more of volatile organic 

compounds or nitrogen oxides in ozone nonattainment areas classified as serious in 9VAC5-

20-204, (iii) 25 tons per year or more of volatile organic compounds or nitrogen oxides in ozone 

nonattainment areas classified as severe in 9VAC5-20-204, or (iv) 100 tons per year or more of 

nitrogen oxides or 50 tons per year of volatile organic compounds in the Ozone Transport 

Region; or 

(2) Any physical change that would occur at a stationary source not qualifying under subdivision 

a (1) 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 shall be considered major 

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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 (or combinations of them) capable of charging more than 250 tons of 

refuse per day. 

(9) Hydrofluoric acid plants. 

(10) Sulfuric acid plants. 

(11) Nitric acid plants. 

(12) Petroleum refineries. 

(13) Lime plants. 

(14) Phosphate rock processing plants. 

(15) Coke oven batteries. 

(16) Sulfur recovery plants. 

(17) Carbon black plants (furnace process). 

(18) Primary lead smelters. 

(19) Fuel conversion plants. 

(20) Sintering plants. 

(21) Secondary metal production plants. 

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(22) Chemical process plants (which shall not include ethanol production facilities that produce 

ethanol by natural fermentation included in NAICS codes 325193 or 312140).

(23) Fossil-fuel boilers (or combination of them) totaling more than 250 million British thermal 

units per hour heat input. 

(24) Petroleum storage and transfer units with a total storage capacity exceeding 300,000 

barrels. 

(25) Taconite ore processing plants. 

(26) Glass fiber manufacturing plants. 

(27) Charcoal production plants. 

(28) Fossil fuel steam electric plants of more than 250 million British thermal units per hour heat 

input. 

(29) Any other stationary source category which, as of August 7, 1980, is being regulated under 

40 CFR Part 60, 61 or 63. 

"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 the NSR

program 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 9VAC5-80-2000 H; and 

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(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 before the date that the increase from the particular change 

occurs. For sources located in ozone nonattainment areas classified as serious or severe in 

9VAC5-20-204, an increase or decrease in actual emissions of volatile organic compounds or 

nitrogen oxides is contemporaneous with the increase from the particular change only if it occurs 

during a period of five consecutive calendar years which includes the calendar year in which the 

increase from the particular change occurs. 

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

(1) 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 

(2) The board has not relied on it in issuing a permit for the source pursuant to this article which 

permit is in effect when the increase in actual emissions from the particular change occurs. 

d. An increase in actual emissions is creditable only to the extent that the new level of actual 

emissions exceeds the old level. 

e. 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) The board has not relied on it in issuing any permit pursuant to this chapter or the board has 

not relied on it in demonstrating attainment or reasonable further progress in the

implementation plan; and 

(4) It has approximately the same qualitative significance for public health and welfare as that 

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attributed to the increase from the particular change. 

f. 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. 

g. Subdivision a of the definition of "actual emissions" shall not apply for determining creditable 

increases and decreases or after a change. 

"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. 

"Nonattainment major new source review (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 § 173 of the federal Clean Air Act 

and associated regulations, and (iii) codified in Article 9 (9VAC5-80-2000 et seq.) of this part. Any permit 

issued under such a program is a major NSR permit. 

"Nonattainment pollutant" means, within a nonattainment area, the pollutant for which such area is 

designated nonattainment. For ozone nonattainment areas, the nonattainment pollutants shall be volatile 

organic compounds (including hydrocarbons) and nitrogen oxides. 

"Ozone transport region" means the area established by § 184(a) of the federal Clean Air Act or any 

other area established by the administrator pursuant to § 176A of the federal Clean Air Act for purposes 

of ozone. For the purposes of this article, the Ozone Transport Region consists of the following localities: 

Arlington County, Fairfax County, Loudoun County, Prince William County, Stafford County, Alexandria 

City, Fairfax City, Falls Church City, Manassas City, and Manassas Park City. 

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"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 9VAC5-80-2144. 

"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 only 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 (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 

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

"Prevention of significant deterioration (PSD) 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 § 165 of the federal Clean Air Act 

and associated regulations, and (iii) codified in Article 8 (9VAC5-80-1605 et seq.) of this part. 

"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 of 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 source. In determining the projected 

actual emissions before beginning actual construction, the owner shall: 

a. 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 plan; 

b. Include fugitive emissions to the extent quantifiable, and emissions associated with startups, 

shutdowns, and malfunctions; and 

c. 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, as defined under the definition of potential to 

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emit. 

"Public comment period" means a time during which the public shall have the opportunity to comment 

on the new or modified source permit application information (exclusive of confidential information), the 

preliminary review and analysis of the effect of the source upon the ambient air quality, and the

preliminary decision of the board regarding the permit application. 

"Reasonable further progress" means the annual incremental reductions in emissions of a given air 

pollutant (including substantial reductions in the early years following approval or promulgation of an 

implementation plan and regular reductions thereafter) which are sufficient in the judgment of the board to 

provide for attainment of the applicable ambient air quality standard within a specified nonattainment area 

by the attainment date prescribed in the implementation plan for such area. 

"Regulated NSR 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; or 

c. Any pollutant that is a constituent or precursor of a general pollutant listed under subdivisions a 

and b of this definition, provided that a constituent or precursor pollutant may only be regulated 

under NSR as part of regulation of the general pollutant. 

"Secondary emissions" means emissions which 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 which 

causes the secondary emissions. Secondary emissions include emissions from any off-site support facility 

which 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 which 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, 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: 

a. Ozone nonattainment areas classified as serious or severe in 9VAC5-20-204. 

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b. Other nonattainment areas. 

"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 equal to or greater than the significant level 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

POLLUTANT EMISSIONS RATE

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 25 tpy

Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

Ozone 25 tpy of volatile organic compounds

Lead 0.6 py

POLLUTANT EMISSIONS RATE

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 40 tpy

Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

PM10 15 tpy

PM2.5 10 tpy

Ozone 40 tpy of volatile organic compounds

Lead 0.6 tpy

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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 which emits or may emit a 

regulated NSR pollutant. 

"Synthetic minor" means a stationary source whose potential to emit is constrained by stateenforceable and federally enforceable limits, so as to place that stationary source below the threshold at 

which it would be subject to permit or other requirements governing major stationary sources in

regulations of the board or in the federal Clean Air Act. 

"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 national 

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

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; Errata, 15:13 VA.R. 1955 March 

15, 1999; amended, Virginia Register Volume 18, Issue 7, eff. February 1, 2002; Volume 18, Issue 14, eff. 

May 1, 2002; Volume 21, Issue 4, eff. December 1, 2004; Volume 22, Issue 23, eff. September 1, 2006; 

Volume 25, Issue 20, eff. July 23, 2009; Volume 27, Issue 11, eff. March 2, 2011. 

9VAC5-80-2020. General. 

A. No owner or other person shall begin actual construction or modification of any new major

stationary source or major modification without first obtaining from the board a permit to construct and 

operate such source. The permit will state that the major stationary source or major modification shall 

meet all the applicable requirements of this article. 

B. No owner or other person shall relocate any emissions unit from one stationary source to another 

without first obtaining from the board a permit to relocate the unit. 

C. The board will take actions to combine permit terms and conditions as provided in 9VAC5-80-2195. 

Actions to combine permit terms and conditions involve relocating the terms and conditions contained in 

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two or more permits issued to single stationary source to a single permit document. Actions to 

combine permit terms and conditions in and of themselves are not a mechanism for making changes to 

permits; such actions shall be taken under 9VAC5-80-2200 as explained in subsection D of this section. 

D. The board will take actions to make changes to permit terms and conditions as provided in 9VAC5-

80-2200. Nothing in this subsection is intended to imply that once an action has been taken to make a 

change to a permit, the resulting permit change may not be combined with other terms and conditions in a 

single permit document as provided in subsection C of this section. 

E. All terms and conditions of any permit issued under this article shall be federally enforceable except 

those that are designated state-only enforceable under subdivision 1 of this subsection. Any term or 

condition that is not federally enforceable shall be designated as state-only enforceable as provided in 

subdivision 2 of this subsection. 

1. A term or condition of any permit issued under this article shall not be federally enforceable if it 

is derived from or is designed to implement Article 2 (9VAC5-40-130 et seq.) of 9VAC5-40 

(Existing Stationary Sources), Article 2 (9VAC5-50-130 et seq.) of 9VAC5-50 (New and Modified 

Stationary Sources), Article 4 (9VAC5-60-200 et seq.) of 9VAC5-60 (Hazardous Air Pollutant

Sources), or Article 5 (9VAC5-60-300) of 9VAC5-60 (Hazardous Air Pollutant Sources). 

2. Any term or condition of any permit issued under this article that is not federally enforceable 

shall be marked in the permit as state-only enforceable and shall only be enforceable by the board. 

Incorrectly designating a term or condition as state-only enforceable shall not provide a shield from 

federal enforcement of a term or condition that is legally federally enforceable. 

F. Nothing in the regulations of the board shall be construed to prevent the board from granting 

permits for programs of construction or modification in planned incremental phases. In such cases, all net 

emissions increases from all emissions units covered by the program shall be added together for

determining the applicability of this article. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

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Volume 18, Issue 14, eff. May 1, 2002; Volume 22, Issue 23, eff. September 1, 2006; Volume 25, Issue 

20, eff. July 23, 2009. 

9VAC5-80-2030. Applications. 

A. A single application is required identifying at a minimum each emissions unit subject to the

provisions of this article. The application shall be submitted according to procedures acceptable to the 

board. However, where several emissions units are included in one project, a single application covering 

all units in the project may be submitted. 

B. A separate application is required for each stationary source. 

C. For projects with phased development, a single application should be submitted covering the entire 

project. 

D. Any application form, report, or certification submitted to the board shall comply with the provisions 

of 9VAC5-20-230. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002. 

9VAC5-80-2040. Application information required. 

A. The board will furnish application forms to applicants. Completion of these forms serves as initial 

registration of new and modified sources. 

B. Each application for a permit shall include such information as may be required by the board to 

determine the effect of the proposed source on the ambient air quality and to determine compliance with 

the emissions standards which are applicable. The information required shall include, but is not limited to, 

the following: 

1. Company name and address (or plant name and address if different from the company name), 

owner's name and agent, and telephone number and names of plant site manager or contact or 

both. 

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2. A description of the source's processes and products (by Standard Industrial Classification 

Code). 

3. All emissions of regulated NSR pollutants. 

a. A permit application shall describe all emissions of regulated NSR pollutants emitted from 

any emissions unit or group of emissions units to be covered by the permit. 

b. Emissions shall be calculated as required in the permit application form or instructions. 

c. Fugitive emissions shall be included in the permit application to the extent quantifiable. 

4. Emissions rates in tons per year and in such terms as are necessary to establish compliance 

consistent with the applicable standard reference test method. 

5. Actual emission rates in tons per year and other information as may be necessary to determine 

the net emissions increase of actual emissions. 

6. Information needed to determine or regulate emissions as follows: fuels, fuel use, raw materials, 

production rates, loading rates, and operating schedules. 

7. Identification and description of air pollution control equipment and compliance monitoring

devices or activities. 

8. Limitations on source operation affecting emissions or any work practice standards, where 

applicable, for all regulated NSR pollutants at the source. 

9. Calculations on which the information in subdivisions 3 through 8 of this subsection are based. 

Any calculations shall include sufficient detail to permit assessment of the validity of such

calculations. 

10. Any additional information or documentation that the board deems necessary to review and 

analyze the air pollution aspects of the stationary source or emissions unit, including the

submission of measured air quality data at the proposed site prior to construction or modification. 

Such measurements shall be accomplished using procedures acceptable to the board. 

11. For major stationary sources, the location and registration number for all stationary sources 

owned or operated by the applicant (or by any entity controlling, controlled by, or under common 

control with the applicant) in the Commonwealth. 

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12. For major stationary sources, the analyses required by 9VAC5-80-2090 2 shall be provided by 

the applicant. Upon request, the board will advise an applicant of the reasonable geographic

limitation on the areas to be subject to an analysis to determine the air quality impact at the 

proposed source. 

C. The above information and analysis shall be determined and presented according to procedures 

and using methods acceptable to the board. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002; Volume 22, Issue 23, eff. September 1, 2006. 

9VAC5-80-2050. Standards and conditions for granting permits. 

A. No permit will be granted pursuant to this article unless it is shown to the satisfaction of the board 

that the following standards and conditions have been met: 

1. The source shall be designed, built and equipped to comply with standards of performance 

prescribed under 9VAC5 Chapter 50 (9VAC5-50). 

2. The source shall be designed, built and equipped to operate without causing a violation of the 

applicable provisions of regulations of the board or the applicable control strategy portion of the 

implementation plan. 

3. The board determines that the following occurs: 

a. By the time the source is to commence operation, sufficient offsetting emissions reductions 

shall have been obtained in accordance with 9VAC5-80-2120 such that total allowable

emissions of qualifying nonattainment pollutants from existing sources in the region, from new 

or modified sources which are not major emitting facilities, and from the proposed source will be 

sufficiently less than total emissions from existing sources, as determined in accordance with 

the requirements of this article, prior to the application for such permit to construct or modify so 

as to represent (when considered together with any applicable control measures in the

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implementation plan) reasonable further progress; or 

b. In the case of a new or modified major stationary source which is located in a zone, within 

the nonattainment area, identified by the administrator, in consultation with the Secretary of 

Housing and Urban Development, as a zone to which economic development should be

targeted, that emissions of such pollutant resulting from the proposed new or modified major 

stationary source shall not cause or contribute to emissions levels which exceed the allowance 

permitted for such pollutant for such area from new or modified major stationary sources in the 

implementation plan; and 

c. Any emission reductions required as a precondition of the issuance of a permit under

subdivision a or b of this subdivision shall be state and federally enforceable before such permit 

may be issued. 

4. The applicant shall demonstrate that all major stationary sources owned or operated by such 

applicant (or by any entity controlling, controlled by, or under common control with such applicant) 

in the Commonwealth are subject to emission limitations and are in compliance, or on a schedule 

for compliance, with all applicable emission limitations and standards under these regulations. 

5. The administrator has not determined that the applicable implementation plan is not being 

adequately implemented for the nonattainment area in which the proposed source is to be

constructed or modified in accordance with the requirements of this article. 

6. The applicant shall demonstrate, through an analysis of alternative sites, sizes, production 

processes, and environmental control techniques for such proposed source, that benefits of the 

proposed source significantly outweigh the environmental and social costs imposed as a result of 

its location, construction, or modification. 

B. Permits granted pursuant to this article may contain emissions standards as necessary to

implement the provisions of this article and 9VAC5-50-270. The following criteria shall be met in

establishing emission standards to the extent necessary to assure that emissions levels are enforceable 

as a practical matter: 

1. Standards may include the level, quantity, rate, or concentration or any combination of them for 

each affected pollutant. 

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2. In no case shall a standard result in emissions that would exceed the emissions rate based on 

the potential to emit of the emissions unit. 

3. The standard may prescribe, as an alternative to or a supplement to an emission limitation, an 

equipment, work practice, fuels specification, process materials, maintenance, or operational

standard, or any combination of them. 

C. Permits issued under this article shall contain, but not be limited to, any of the following elements 

as necessary to ensure that the permits are enforceable as a practical matter: 

1. Emission standards. 

2. Conditions necessary to enforce emission standards. Conditions may include, but not be limited 

to, any of the following: 

a. Limit on fuel sulfur content. 

b. Limit on production rates with time frames as appropriate to support the emission standards. 

c. Limit on raw material usage rate. 

d. Limits on the minimum required capture, removal and overall control efficiency for any air 

pollution control equipment. 

3. Specifications for permitted equipment, identified as thoroughly as possible. The identification 

shall include, but not be limited to, type, rated capacity, and size. 

4. Specifications for air pollution control equipment installed or to be installed. 

5. Specifications for air pollution control equipment operating parameters and the circumstances 

under which such equipment shall be operated, where necessary to ensure that the required 

overall control efficiency is achieved. The operating parameters may include, but not be limited to, 

any of the following: 

a. Pressure indicators and required pressure drop. 

b. Temperature indicators and required temperature. 

c. pH indicators and required pH. 

d. Flow indicators and required flow. 

6. Requirements for proper operation and maintenance of any pollution control equipment, and 

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appropriate spare parts inventory. 

7. Stack test requirements. 

8. Reporting or recordkeeping requirements, or both. 

9. Continuous emission or air quality monitoring requirements, or both. 

10. Other requirements as may be necessary to ensure compliance with the applicable regulations. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002; Volume 22, Issue 23, eff. September 1, 2006. 

9VAC5-80-2060. Action on permit application. 

A. Within 30 days after receipt of an application, the board will notify the applicant of the status of the 

application. The notification of the initial determination with regard to the status of the application shall be 

provided by the board in writing and shall include (i) a determination as to which provisions of the new 

source review program are applicable, (ii) the identification of any deficiencies, and (iii) a determination as 

to whether the application contains sufficient information to begin application review. The determination 

that the application has sufficient information to begin review is not necessarily a determination that it is 

complete. Within 30 days after receipt of any additional information, the board will notify the applicant in 

writing of any deficiencies in such information. The date of receipt of a complete application for

processing under subsection B of this section shall be the date on which the board received all required 

information and the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been met, if 

applicable. 

B. The board will normally process an application according to the steps specified in subdivisions 1 

through 4 of this subsection. Processing time for these steps is normally 180 days following receipt of a 

complete application. The board may extend this time period if additional information is needed. 

1. Complete the preliminary review and analysis in accordance with 9VAC5-80-2090 and the 

preliminary determination of the board. 

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2. Complete the public participation requirements in accordance with 9VAC5-80-2070. 

3. Consider the public comments received in accordance with 9VAC5-80-2070.

4. Complete the final review and analysis and the final determination of the board. 

C. The board will normally take final action on an application after completion of the steps in

subsection B of this section, except in cases where direct consideration of the application by the board is 

granted pursuant to 9VAC5-80-25. The board will review any request made under 9VAC5-80-2070 G, and 

will take final action on the request and application as provided in Part I (9VAC5-80-5 et seq.) of this 

chapter. 

D. The board will notify the applicant in writing of its decision on the application, including its reasons, 

and shall also specify the applicable emission limitations. These emission limitations are applicable during 

any emission testing conducted in accordance with 9VAC5-80-2080. 

E. The applicant may appeal the decision pursuant to Part VIII (9VAC5-170-190 et seq.) of 9VAC5 

Chapter 170. 

F. Within five days after notification to the applicant pursuant to subsection C of this section, the 

notification and any comments received pursuant to the public comment period and public hearing shall 

be made available for public inspection at the same location as was the information in 9VAC5-80-2070 F 

1. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002; Volume 22, Issue 23, eff. September 1, 2006; Volume 25, Issue 6, 

eff. December 31, 2008. 

9VAC5-80-2070. Public participation. 

A. No later than 30 days after receiving the initial determination notification required under 9VAC5-80-

2060 A, the applicant shall notify the public about the proposed source as required in subsection B of this 

section. The applicant shall also provide an informational briefing about the proposed source for the 

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public as required in subsection C of this section. 

B. The public notice required under subsection A of this section shall be placed by the applicant in at 

least one newspaper of general circulation in the affected air quality control region. The notice shall be 

approved by the board and shall include, but not be limited to, the name, location, and type of the source, 

and the time and place of the informational briefing. 

C. The informational briefing shall be held in the locality where the source is or will be located and at 

least 30 days, but no later than 60 days, following the day of the publication of the public notice in the 

newspaper. The applicant shall inform the public about the operation and potential air quality impact of 

the source and answer any questions concerning air quality about the proposed source from those in 

attendance at the briefing. At a minimum, the applicant shall provide information on and answer questions 

about (i) specific pollutants and the total quantity of each which the applicant estimates will be emitted 

and (ii) the control technology proposed to be used at the time of the informational briefing.

Representatives from the board will attend and provide information and answer questions on the permit 

application review process. 

D. Upon determination by the board that it will achieve the desired results in an equally effective 

manner, an applicant for a permit may implement an alternative plan for notifying the public as required in 

subsection B of this section and for providing the informational briefing as required in subsection C of this 

section. 

E. Prior to the decision of the board, all permit applications will be subject to a public comment period 

of at least 30 days. In addition, at the end of the public comment period, a public hearing shall be held 

with notice in accordance with subsection F of this section. 

F. The board will notify the public, by advertisement in at least one newspaper of general circulation in 

the affected air quality control region, of the opportunity for public comment and the public hearing on the 

information available for public inspection under the provisions of subdivision 1 of this subsection. The 

notification shall be published at least 30 days prior to the day of the public hearing. Written comments 

will be accepted by the board for at least 15 days after any hearing, unless the board votes to shorten the 

period.

1. Information on the permit application (exclusive of confidential information under 9VAC5-170-

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60), as well as the preliminary review and analysis and preliminary determination of the board, 

shall be available for public inspection during the entire public comment period in at least one 

location in the affected air quality control region. 

2. A copy of the notice shall be sent to all local air pollution control agencies having jurisdiction in 

the affected air quality control region, all states sharing the affected air quality control region, and 

to the regional administrator, U.S. Environmental Protection Agency. 

3. Notices of public comment periods and public hearings for major stationary sources and major 

modifications published under this section shall meet the requirements of § 10.1-1307.01 of the 

Virginia Air Pollution Control Law. 

G. Following the initial publication of the notice required under subsection F of this section, the board 

will receive written requests for direct consideration of the application by the board pursuant to the 

requirements of 9VAC5-80-25. In order to be considered, the request must be submitted no later than the 

end of the public comment period. A request for direct consideration of an application by the board shall 

contain the following information:

1. The name, mailing address, and telephone number of the requester.

2. The names and addresses of all persons for whom the requester is acting as a representative 

(for the purposes of this requirement, an unincorporated association is a person).

3. The reason why direct consideration by the board is requested.

4. A brief, informal statement setting forth the factual nature and the extent of the interest of the 

requester or of the persons for whom the requester is acting as representative in the application or 

preliminary determination, including an explanation of how and to what extent such interest would 

be directly and adversely affected by the issuance, denial or revision of the permit in question.

5. Where possible, specific references to the terms and conditions of the permit in question,

together with suggested revisions and alterations of those terms and conditions that the requester 

considers are needed to conform the permit to the intent and provisions of the Virginia Air Pollution 

Control Law.

H. The board will review any request made under subsection G of this section, and will take final 

action on the request as provided in 9VAC5-80-2060 C.

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I. In order to facilitate the efficient issuance of permits under Articles 1 (9VAC5-80-50 et seq.) and 3 

(9VAC5-80-360 et seq.) of this part, upon request of the applicant the board will process the permit 

application under this article using public participation procedures meeting the requirements of this

section and 9VAC5-80-270 or 9VAC5-80-670, as applicable. 

J. If appropriate, the board may provide a public briefing on its review of the permit application prior to 

the public comment period but no later than the day before the beginning of the public comment period. If 

the board provides a public briefing, the requirements of subsection F of this section concerning public 

notification shall be followed. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002; Volume 22, Issue 23, eff. September 1, 2006; Volume 25, Issue 6, 

eff. December 31, 2008. 

9VAC5-80-2080. Compliance determination and verification by performance testing. 

A. Compliance with standards of performance shall be determined in accordance with the provisions 

of 9VAC5-50-20 and shall be verified by performance tests in accordance with the provisions of 9VAC5-

50-30. 

B. Testing required by this section shall be conducted within 60 days by the owner after achieving the 

maximum production rate at which the new or modified source will be operated, but not later than 180 

days after initial startup of the source; and 60 days thereafter the board shall be provided by the owner 

with two or, upon request, more copies of a written report of the results of the tests. 

C. The requirements of this section shall be met unless the board: 

1. Specifies or approves, in specific cases, the use of a reference method with minor changes in 

methodology; 

2. Approves the use of an equivalent method; 

3. Approves the use of an alternative method, the results of which the board has determined to be 

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adequate for indicating whether a specific source is in compliance; 

4. Waives the requirement for testing because, based upon a technical evaluation of the past 

performance of similar source types, using similar control methods, the board reasonably expects 

the new or modified source to perform in compliance with applicable standards; or 

5. Waives the requirement for testing because the owner of the source has demonstrated by other 

means to the board's satisfaction that the source is in compliance with the applicable standard. 

D. The provisions for the granting of waivers under subsection C of this section are intended for use in 

determining the initial compliance status of a source. The granting of a waiver does not obligate the board 

to grant any waivers once the source has been in operation for more than one year beyond the initial 

startup date. 

E. The granting of a waiver under this section does not shield the source from potential enforcement of 

any permit term or condition, applicable requirements of the implementation plan, or any other applicable 

federal requirements promulgated under the federal Clean Air Act. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002. 

9VAC5-80-2090. Application review and analysis. 

No permit shall be granted pursuant to this article unless compliance with the standards in 9VAC5-80-

2050 is demonstrated to the satisfaction of the board by a review and analysis of the application

performed on a source-by-source basis as specified below: 

1. Applications shall be subject to a control technology review to determine if such source will be 

designed, built and equipped to comply with all applicable standards of performance prescribed 

under 9VAC5 Chapter 50 (9VAC5-50). 

2. Applications shall be subject to an air quality analysis to determine the impact of nonattainment 

pollutant emissions. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002; Volume 22, Issue 23, eff. September 1, 2006. 

9VAC5-80-2091. Source obligation. 

A. Any owner who constructs or operates a source or modification not in accordance (i) with the 

application submitted pursuant to this article or (ii) with the terms and conditions of any permit to construct 

or operate, or any owner of a source or modification subject to this article who commences construction 

or operation without applying for and receiving a permit hereunder, shall be subject to appropriate 

enforcement action including, but not limited to, any specified in 9VAC5-80-2180. 

B. The following provisions apply to projects at existing emissions units at a major stationary source 

(other than projects at a source with a PAL) in circumstances where there is a reasonable possibility that 

a project that is not a part of a major modification may result in a significant emissions increase and the 

owner elects to use the method specified in subdivisions a through c of the definition of "projected actual 

emissions" for calculating projected actual emissions: 

1. Before beginning actual construction of the project, the owner shall document and maintain a 

record of the following information: 

a. A description of the project; 

b. Identification of the emissions units whose emissions of a regulated NSR pollutant could be 

affected by the project; and 

c. A description of the applicability test used to determine that the project is not a major

modification for any regulated NSR pollutant, including the baseline actual emissions, the

projected actual emissions, the amount of emissions excluded under subdivision c of the 

definition of "projected actual emissions" and an explanation for why such amount was

excluded, and any netting calculations, if applicable. 

2. If the emissions unit is an existing electric utility steam generating unit, no less than 30 days 

before beginning actual construction, the owner shall provide a copy of the information set out in 

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subdivision 1 of this subsection to the board. Nothing in this subdivision shall be construed to 

require the owner of such a unit to obtain any determination from the board before beginning actual 

construction. 

3. The owner shall monitor the emissions of any regulated NSR pollutant that could increase as a 

result of the project and that is emitted by any emissions units identified in subdivision 1 b of this 

subsection; and calculate and maintain a record of the annual emissions, in tons per year on a 

calendar year basis, for a period of five years following resumption of regular operations after the 

change, or for a period of 10 years following resumption of regular operations after the change if 

the project increases the design capacity or potential to emit of that regulated NSR pollutant at 

such emissions unit. 

4. If the unit is an existing electric utility steam generating unit, the owner shall submit a report to 

the board within 60 days after the end of each year during which records shall be generated under 

subdivision 3 of this subsection setting out the unit's annual emissions during the year that

preceded submission of the report. 

5. If the unit is an existing unit other than an electric utility steam generating unit, the owner shall 

submit a report to the board if the annual emissions, in tons per year, from the project identified in 

subdivision 1 of this subsection, exceed the baseline actual emissions (as documented and

maintained pursuant to subdivision 1 c of this subsection) by a significant amount for that regulated 

NSR pollutant, and if such emissions differ from the preconstruction projection as documented and 

maintained pursuant to subdivision 1 c of this subsection. Such report shall be submitted to the 

board within 60 days after the end of such year. The report shall contain the following: 

a. The name, address and telephone number of the major stationary source; 

b. The annual emissions as calculated pursuant to subdivision 3 of this subsection; and 

c. Any other information that the owner wishes to include in the report (e.g., an explanation as 

to why the emissions differ from the preconstruction projection). 

C. The owner shall make the information required to be documented and maintained pursuant to 

subsection A of this section available for review upon a request for inspection by the board or the general 

public pursuant to the requirements contained in 9VAC5-80-270 or 9VAC5-80-670. 

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D. Approval to construct shall not relieve any owner of the responsibility to comply fully with applicable 

provisions of the implementation plan and any other requirements under local, state or federal law. 

E. For each project subject to subsection B of this section, the owner shall provide notice of the 

availability of the information set out in subdivision B 1 of this section to the board no less than 30 days 

before beginning actual construction. The notice shall include the location of the information and the 

name, address and telephone number of the contact from whom the information may be obtained. Should 

subsequent information become available to the board to indicate that a given project subject to

subsection B of this section is a part of a major modification that resulted in a significant emissions 

increase, the board will proceed as if the owner is in violation of 9VAC5-80-1625 A and may institute 

appropriate enforcement action as provided in subsection A of this section. Nothing in this subsection 

shall be construed to require the owner of the source to obtain any determination from the board before 

beginning actual construction. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 22, Issue 23, eff. September 1, 2006. 

9VAC5-80-2100. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; repealed, Virginia Register Volume 

18, Issue 14, eff. May 1, 2002. 

9VAC5-80-2110. Interstate pollution abatement. 

A. The owner of each new or modified source, which may significantly contribute to levels of air 

pollution in excess of an ambient air quality standard in any quality control region outside the

Commonwealth, shall provide written notice to all nearby states of the air pollution levels which may be 

affected by such source at least 60 days prior to the date of commencement of construction or

modification. 

B. Any state or political subdivision may petition the administrator for a finding that any new or

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modified source emits or would emit any air pollutant in amounts which will prevent attainment or 

maintenance of any ambient air quality standard or interfere with measures for the prevention of

significant deterioration or the protection of visibility in the implementation plan for such state. Within 60 

days after receipt of such petition and after a public hearing, the administrator will make such a finding or 

deny the petition. 

C. Notwithstanding any permit granted pursuant to this article, no owner or other person shall

commence construction or modification or begin operation of a source to which a finding has been made 

under the provisions of subsection B of this section. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002; Volume 22, Issue 23, eff. September 1, 2006. 

9VAC5-80-2120. Offsets. 

A. Owners shall comply with the offset requirements of this article by obtaining emission reductions 

from the same source or other sources in the same nonattainment area, except that for ozone precursor 

pollutants the board may allow the owner to obtain such emission reductions in another nonattainment 

area if (i) the other area has an equal or higher nonattainment classification than the area in which the 

source is located and (ii) emissions from such other area contribute to a violation of the ambient air quality 

standard in the nonattainment area in which the source is located. By the time a new or modified source 

begins operation, such emission reductions shall (i) be in effect, (ii) be state and federally enforceable and 

(iii) assure that the total tonnage of increased emissions of the air pollutant from the new or modified 

source shall be offset by an equal or greater reduction, as applicable, in the actual emissions of such air 

pollutant from the same or other sources in the nonattainment area. 

B. The (i) ratio of total emission reductions of volatile organic compounds to total increased emissions 

of volatile organic compounds or (ii) the ratio of total emission reductions of nitrogen oxides to total 

increased emissions of nitrogen oxides in ozone nonattainment areas designated in 9VAC5-20-204 shall 

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be at least the following: 

The ratio of total emissions reductions of the nonattainment pollutant to total increased emissions of 

the nonattainment pollutant in nonattainment areas (other than ozone nonattainment areas) designated in 

9VAC5-20-204 shall be at least 1 to one. 

C. Emission reductions otherwise required by these regulations shall not be creditable as emissions 

reductions for purposes of any such offset requirement. Incidental emission reductions which are not 

otherwise required by these regulations shall be creditable as emission reductions for such purposes if 

such emission reductions meet the requirements of subsection A of this section. 

D. The board will allow an owner to offset by alternative or innovative means emission increases from 

rocket engine and motor firing, and cleaning related to such firing, at an existing or modified major source 

that tests rocket engines or motors under the following conditions: 

1. Any modification proposed is solely for the purpose of expanding the testing of rocket engines or 

motors at an existing source that is permitted to test such engines on November 15, 1990. 

2. The source demonstrates to the satisfaction of the board that it has used all reasonable means 

to obtain and utilize offsets, as determined on an annual basis, for the emissions increases beyond 

allowable levels, that all available offsets are being used, and that sufficient offsets are not

available to the source. 

3. The source has obtained a written finding from the U.S. Department of Defense, U.S.

Department of Transportation, National Aeronautics and Space Administration or other appropriate 

federal agency, that the testing of rocket motors or engines at the facility is required for a program 

essential to the national security. 

4. The owner will comply with an alternative measure, imposed by the board, designed to offset 

any emission increases beyond permitted levels not directly offset by the source. In lieu of

1. Nonattainment areas classified as marginal 1.1 to one.

2. Nonattainment areas classified as moderate 1.15 to one.

3. Nonattainment areas classified as serious 1.2 to one.

4. Nonattainment areas classified as severe 1.3 to one.

5. Nonattainment areas with any other classification or no classification 1 to one.

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imposing any alternative offset measures, the board may impose an emissions fee to be paid to 

the board which shall be an amount no greater than 1.5 times the average cost of stationary 

source control measures adopted in that nonattainment area during the previous three years. The 

board will utilize the fees in a manner that maximizes the emissions reductions in that

nonattainment area. 

E. For sources subject to the provisions of this article, the baseline for determining credit for emissions 

reduction is the emissions limit under the applicable implementation plan in effect at the time the

application to construct is filed, except that the offset baseline shall be the actual emissions of the source 

from which offset credit is obtained where: 

1. The demonstration of reasonable further progress and attainment of ambient air quality

standards is based upon the actual emissions of sources located within a designated

nonattainment area; or 

2. The applicable implementation plan does not contain an emissions limitation for that source or 

source category. 

F. Where the emissions limit under the applicable implementation plan allows greater emissions than 

the potential to emit of the source, emissions offset credit will be allowed only for control below this 

potential. 

G. For an existing fuel combustion source, credit shall be based on the allowable emissions under the 

applicable implementation plan for the type of fuel being burned at the time the application to construct is 

filed. If the owner of the existing source commits to switch to a cleaner fuel at some future date, emissions 

offset credit based on the allowable (or actual) emissions for the fuels involved is not acceptable, unless 

the permit is conditioned to require the use of a specified alternative control measure which would 

achieve the same degree of emissions reduction should the source switch back to a dirtier fuel at some 

later date. The board will ensure that adequate long-term supplies of the new fuel are available before 

granting emissions offset credit for fuel switches. 

H. Emissions reductions achieved by shutting down an existing source or curtailing production or 

operating hours below baseline levels may be generally credited if such reductions are permanent,

quantifiable, and federally and state enforceable. In addition, the shutdown or curtailment is creditable 

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only if it occurred on or after January 1, 1991. 

I. No emissions credit may be allowed for replacing one volatile organic compound with another of 

lesser reactivity. 

J. Where this article does not adequately address a particular issue, the provisions of Appendix S to 

40 CFR Part 51 shall be followed to the extent that they do not conflict with this section. 

K. Credit for an emissions reduction can be claimed to the extent that the board has not relied on it in 

issuing any permit under this chapter or has not relied on it in demonstrating attainment or reasonable 

further progress. 

L. The total tonnage of increased emissions, in tons per year, resulting from a major modification that 

shall be offset in accordance with § 173 of the federal Clean Air Act shall be determined by summing the 

difference between the allowable emissions after the modification and the actual emissions before the 

modification for each emissions unit. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002; Volume 22, Issue 23, eff. September 1, 2006. 

9VAC5-80-2130. De minimis increases and stationary source modification alternatives for ozone 

nonattainment areas classified as serious or severe in 9VAC5-20-204. 

A. Increased emissions of volatile organic compounds or nitrogen oxides resulting from any physical 

change in, or change in the method of operation of, a major stationary source located in an ozone 

nonattainment area classified as serious or severe in 9VAC5-20-204 shall be considered de minimis for 

purposes of determining the applicability of the permit requirements under this article if the increase in net 

emissions of the same pollutant from such source is 25 tons or less when aggregated with all other net 

increases in emissions from the source over a period of five consecutive calendar years which includes 

the calendar year in which such increase occurred. 

B. The following shall apply to modifications of major stationary sources emitting less than 100 tons 

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per year of volatile organic compounds or nitrogen oxides. 

1. Any physical change in, or change in the method of operation of, a major stationary source with 

a potential to emit of less than 100 tons per year of volatile organic compounds or nitrogen oxides 

which results in an increase in emissions of the same pollutant from any discrete operation, unit, or 

other pollutant emitting activity at that source that is not de minimis under subsection A of this 

section shall be considered a major modification under this article. However, in applying emission 

standards under 9VAC5 Chapter 50 (9VAC5-50) to the source, the requirement to apply best 

available control technology shall be substituted for the requirement to comply with the lowest 

achievable emissions rate. 

2. If the owner elects to offset the increase of volatile organic compounds or of nitrogen oxides by a 

greater reduction in emissions of the pollutant being increased from other operations, units, or 

activities within the source at an internal offset ratio of at least 1.3 to 1, such increase shall not be 

considered a major modification under this article. 

C. The following shall apply to modifications of major stationary sources emitting 100 tons per year or 

more of volatile organic compounds or nitrogen oxides. 

1. Any physical change in, or change in the method of operation of, a major stationary source with 

a potential to emit 100 tons per year or more of volatile organic compounds or nitrogen oxides 

which results in an increase in emissions of the same pollutant from any discrete operation, unit, or 

other pollutant emitting activity at that source that is not de minimis under subsection A of this 

section shall be considered a major modification under this article. 

2. In applying emission standards under 9VAC5 Chapter 50 (9VAC5-50) to the source, the

requirement to apply best available control technology shall be substituted for the requirement to 

comply with the lowest achievable emissions rate, if the owner elects to offset the increase by a 

greater reduction in emissions of the pollutant being increased from other operations, units, or 

activities within the source at an internal offset ratio of at least 1.3 to one. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

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Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 22, Issue 23, eff. September 1, 2006. 

9VAC5-80-2140. Exemptions. 

A. The provisions of this article do not apply to a source or modification that would be a major

stationary source or major modification only if fugitive emissions, to the extent quantifiable, are

considered in calculating the potential to emit of the source or modification and the source does not 

belong to any of the following categories: 

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 acid plants; 

10. Sulfuric acid plants; 

11. Nitric acid plants; 

12. Petroleum refineries; 

13. Lime plants; 

14. Phosphate rock processing plants; 

15. Coke oven batteries; 

16. Sulfur recovery plants; 

17. Carbon black plants (furnace process); 

18. Primary lead smelters; 

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19. Fuel conversion plants; 

20. Sintering plants; 

21. Secondary metal production plants; 

22. Chemical process plants (which shall not include ethanol production facilities that produce 

ethanol by natural fermentation included in NAICS codes 325193 or 312140); 

23. Fossil-fuel boilers (or combination of them) totaling more than 250 million British thermal units 

per hour heat input; 

24. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels; 

25. Taconite ore processing plants; 

26. Glass fiber processing plants; 

27. Charcoal production plants; 

28. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour 

heat input; and 

29. Any other stationary source category which, as of August 7, 1980, is being regulated under 40 

CFR Parts 60, 61 or 63. 

B. The requirements of this article shall not apply to a particular major stationary source with respect 

to the use of an alternative fuel or raw material if the following conditions are met:

1. The owner demonstrates to the board that, as a result of trial burns at the owner's facility or 

other facilities or other sufficient data, the emissions resulting from the use of the alternative fuel or 

raw material supply are decreased. No demonstration will be required for the use of processed 

animal fat, processed fish oil, processed vegetable oil, distillate oil, or any mixture thereof in place 

of the same quantity of residual oil to fire industrial boilers.

2. The use of an alternative fuel or raw material would not be subject to review under this article as 

a major modification.

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 22, Issue 23, eff. September 1, 2006; Volume 25, Issue 20, eff. July 23, 2009; Volume 27, Issue 

11, eff. March 2, 2011. 

9VAC5-80-2141 to 9VAC5-80-2143. [Reserved] 

9VAC5-80-2144. Actuals plantwide applicability limits (PALs) 

A. The board may approve the use of an actuals PAL for any existing major stationary source (except 

as provided in subdivision 1 of this subsection) if the PAL meets the requirements of this section. The 

term "PAL" shall mean "actuals PAL" throughout this section. 

1. No PAL shall be allowed for VOC or NOX for any source located in an extreme ozone

nonattainment area. 

2. Any physical change in or change in the method of operation of a source that maintains its total 

sourcewide emissions below the PAL level, meets the requirements of this section, and complies 

with the PAL permit: 

a. Is not a major modification for the PAL pollutant; 

b. Does not have to be approved through this article; and 

c. Is not subject to the provisions in 9VAC5-80-2000 D (restrictions on relaxing enforceable 

emission limitations that the major stationary source used to avoid applicability of the major 

NSR program). 

3. Except as provided under subdivision 2 c of this subsection, a source shall continue to comply 

with all applicable federal or state requirements, emission limitations, and work practice

requirements that were established prior to the effective date of the PAL. 

B. As part of a permit application requesting a PAL, the owner of a major stationary source shall 

submit the following information to the board for approval: 

1. A list of all emissions units at the source designated as small, significant or major based on their 

potential to emit. In addition, the owner shall indicate which, if any, federal or state applicable 

requirements, emission limitations or work practices apply to each unit. 

2. Calculations of the baseline actual emissions, with supporting documentation. Baseline actual 

emissions are to include emissions associated not only with operation of the unit, but also

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emissions associated with startup, shutdown and malfunction. 

3. The calculation procedures that the owner proposes to use to convert the monitoring system 

data to monthly emissions and annual emissions based on a 12-month rolling total for each month 

as required by subdivision N 1 of this section. 

C. The general requirements set forth in this subsection shall apply to the establishment of PALs. 

1. The board may establish a PAL at a major stationary source, provided that at a minimum, the 

following requirements are met: 

a. The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a 

practical matter, for the entire source. For each month during the PAL effective period after the 

first 12 months of establishing a PAL, the owner shall show that the sum of the monthly

emissions from each emissions unit under the PAL for the previous 12 consecutive months is 

less than the PAL (a 12-month rolling average). For each month during the first 11 months from 

the PAL effective date, the owner shall show that the sum of the preceding monthly emissions 

from the PAL effective date for each emissions unit under the PAL is less than the PAL. 

b. The PAL shall be established in a PAL permit that meets the public participation

requirements in subsection D of this section. 

c. The PAL permit shall contain all the requirements of subsection F of this section. 

d. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units 

that emit or have the potential to emit the PAL pollutant. 

e. Each PAL shall regulate emissions of only one pollutant. 

f. Each PAL shall have a PAL effective period of five years. 

g. The owner shall comply with the monitoring, recordkeeping, and reporting requirements

provided in subsections M through O of this section for each emissions unit under the PAL 

through the PAL effective period. 

2. At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant, 

which occur during the PAL effective period, creditable as decreases for purposes of offsets under 

9VAC5-80-2120 F through N unless the level of the PAL is reduced by the amount of such 

emissions reductions and such reductions would be creditable in the absence of the PAL. 

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D. PALs for existing major stationary sources shall be established, renewed, or increased through the 

public participation procedures prescribed in the applicable permit programs identified in the definition of 

PAL permit. In no case may the board issue a PAL permit unless the board provides the public with notice 

of the proposed approval of a PAL permit and at least a 30-day period for submittal of public comment. 

The board will address all material comments before taking final action on the permit. 

E. The actuals PAL level for a major stationary source shall be established as the sum of the baseline 

actual emissions of the PAL pollutant for each emissions unit at the source; plus an amount equal to the 

applicable significant level for the PAL pollutant or under the federal Clean Air Act, whichever is lower. 

When establishing the actuals PAL level, for a PAL pollutant, only one consecutive 24-month period shall 

be used to determine the baseline actual emissions for all existing emissions units. The same consecutive 

24-month period shall be used for each different PAL 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. Emissions associated with units that were

permanently shutdown after this 24-month period shall be subtracted from the PAL level. Emissions from 

units on which actual construction began after the 24-month period shall be added to the PAL level in an 

amount equal to the potential to emit of the units. The board will specify a reduced PAL level (in tons per 

year) in the PAL permit to become effective on the future compliance dates of any applicable federal or 

state regulatory requirements that the board is aware of prior to issuance of the PAL permit. For instance, 

if the source owner will be required to reduce emissions from industrial boilers in half from baseline 

emissions of 60 ppm NOX to a new rule limit of 30 ppm, then the permit shall contain a future effective 

PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such 

units. 

F. The PAL permit shall contain, at a minimum, the following information: 

1. The PAL pollutant and the applicable sourcewide emission limitation in tons per year. 

2. The PAL permit effective date and the expiration date of the PAL (PAL effective period). 

3. Specification in the PAL permit that if an owner applies to renew a PAL in accordance with 

subsection J of this section before the end of the PAL effective period, then the PAL shall not 

expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is 

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issued by the board, or until the board determines that the revised PAL permit will not be issued. 

4. A requirement that emission calculations for compliance purposes include emissions from

startups, shutdowns and malfunctions. 

5. A requirement that, once the PAL expires, the source is subject to the requirements of

subsection I of this section. 

6. The calculation procedures that the owner shall use to convert the monitoring system data to 

monthly emissions and annual emissions based on a 12-month rolling total for each month as 

required by subdivision N 1 of this section. 

7. A requirement that the owner monitor all emissions units in accordance with the provisions 

under subsection M of this section. 

8. A requirement to retain the records required under subsection N of this section on site. Such 

records may be retained in an electronic format. 

9. A requirement to submit the reports required under subsection O of this section by the required 

deadlines. 

10. Any other requirements that the board deems necessary to implement and enforce the PAL. 

G. The PAL effective period shall be five years. 

H. The requirements for reopening of a PAL permit set forth in this section shall apply to actuals PALs. 

1. During the PAL effective period, the board will reopen the PAL permit to: 

a. Correct typographical and calculation errors made in setting the PAL or reflect a more 

accurate determination of emissions used to establish the PAL; 

b. Reduce the PAL if the owner creates creditable emissions reductions for use as offsets 

under 9VAC5-80-2120 F through N; and 

c. Revise the PAL to reflect an increase in the PAL as provided under subsection L of this 

section. 

2. The board may reopen the PAL permit for any of the following reasons: 

a. Reduce the PAL to reflect newly applicable federal requirements (e.g., NSPS) with

compliance dates after the PAL effective date. 

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b. Reduce the PAL consistent with any other requirement, that is enforceable as a practical 

matter, and that the board may impose on the major stationary source. 

c. Reduce the PAL if the board determines that a reduction is necessary to avoid causing or 

contributing to a violation of an ambient air quality standard or ambient air increment in 9VAC5-

80-1635, or to an adverse impact on an air quality related value that has been identified for a 

federal class I area by a federal land manager and for which information is available to the 

general public. 

3. Except for the permit reopening in subdivision 1 a of this subsection for the correction of

typographical and calculation errors that do not increase the PAL level, all other reopenings shall 

be carried out in accordance with the public participation requirements of subsection D of this 

section. 

I. Any PAL which is not renewed in accordance with the procedures in subsection J of this section 

shall expire at the end of the PAL effective period, and the following requirements shall apply: 

1. Each emissions unit or each group of emissions units that existed under the PAL shall comply 

with an allowable emission limitation under a revised permit established according to the following 

procedures: 

a. Within the timeframe specified for PAL renewals in subdivision J 2 of this section, the source 

shall submit a proposed allowable emission limitation for each emissions unit (or each group of 

emissions units, if such a distribution is more appropriate as decided by the board) by

distributing the PAL allowable emissions for the source among each of the emissions units that 

existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that 

became effective during the PAL effective period, as required under subsection J 5 of this 

section, such distribution shall be made as if the PAL had been adjusted. 

b. The board will decide whether and how the PAL allowable emissions will be distributed and 

issue a revised permit incorporating allowable limits for each emissions unit, or each group of 

emissions units, as the board determines is appropriate. 

2. Each emissions unit shall comply with the allowable emission limitation on a 12-month rolling 

basis. The board may approve the use of monitoring systems (such as source testing or emission 

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factors) other than CEMS, CERMS, PEMS or CPMS to demonstrate compliance with the allowable 

emission limitation. 

3. Until the board issues the revised permit incorporating allowable limits for each emissions unit, 

or each group of emissions units, as required under subdivision 1 b of this subsection, the source 

shall continue to comply with a sourcewide, multiunit emissions cap equivalent to the level of the 

PAL emission limitation. 

4. Any physical change or change in the method of operation at the source will be subject to the 

nonattainment major NSR requirements if such change meets the definition of "major modification." 

5. The owner shall continue to comply with any state or federal applicable requirements (such as 

BACT, RACT, or NSPS) that may have applied either during the PAL effective period or prior to the 

PAL effective period except for those emission limitations that had been established pursuant to 

9VAC5-80-2000 D, but were eliminated by the PAL in accordance with the provisions in

subdivision A 2 c of this section. 

J. The requirements for the renewal of the PAL permit set forth in this subsection shall apply to actuals 

PALs. 

1. The board will follow the procedures specified in subsection D of this section in approving any 

request to renew a PAL, and will provide both the proposed PAL level and a written rationale for 

the proposed PAL level to the public for review and comment. During such public review, any 

person may propose a PAL level for the source for consideration by the board. 

2. The owner shall submit a timely application to the board to request renewal of a PAL. A timely 

application is one that is submitted at least six months prior to, but not earlier than 18 months from, 

the date of permit expiration. This deadline for application submittal is to ensure that the permit will 

not expire before the permit is renewed. If the owner submits a complete application to renew the 

PAL within this time period, then the PAL shall continue to be effective until the revised permit with 

the renewed PAL is issued, or until the board determines that the revised permit with the renewed 

PAL will not be issued, and a permit is issued pursuant to subsection I of this section. 

3. The application to renew a PAL permit shall contain the following information: 

a. The information required in subsection B of this section. 

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b. A proposed PAL level. 

c. The sum of the potential to emit of all emissions units under the PAL, with supporting 

documentation. 

d. Any other information the owner wishes the board to consider in determining the appropriate 

level for renewing the PAL. 

K. The requirements for the adjustment of the PAL set forth in this subsection shall apply to actuals 

PALs. In determining whether and how to adjust the PAL, the board will consider the options outlined in 

subdivisions 1 and 2 of this subsection. However, in no case may any such adjustment fail to comply with 

subdivision 3 of this subsection. 

1. If the emissions level calculated in accordance with subsection E of this section is equal to or 

greater than 80% of the PAL level, the board may renew the PAL at the same level without

considering the factors set forth in subdivision 2 of this subsection; or 

2. The board may set the PAL at a level that it determines to be more representative of the 

source's baseline actual emissions, or that it determines to be appropriate considering air quality 

needs, advances in control technology, anticipated economic growth in the area, desire to reward 

or encourage the source's voluntary emissions reductions, or other factors as specifically identified 

by the board in its written rationale. 

3. Notwithstanding subdivisions 1 and 2 of this subsection: 

a. If the potential to emit of the source is less than the PAL, the board will adjust the PAL to a 

level no greater than the potential to emit of the source; and 

b. The board will not approve a renewed PAL level higher than the current PAL, unless the 

source has complied with the provisions for increasing a PAL under subsection L of this

section. 

4. If the compliance date for a state or federal requirement that applies to the PAL source occurs 

during the PAL effective period, and if the board has not already adjusted for such requirement, the 

PAL shall be adjusted at the time of PAL permit renewal or federal operating permit renewal, 

whichever occurs first. 

L. The requirements for increasing a PAL during the PAL effective period set forth in this subsection 

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shall apply to actuals PALs. 

1. The board may increase a PAL emission limitation only if the owner of the major stationary 

source complies with the following provisions: 

a. The owner shall submit a complete application to request an increase in the PAL limit for a 

PAL major modification. Such application shall identify the emissions units contributing to the 

increase in emissions so as to cause the source's emissions to equal or exceed its PAL. 

b. As part of this application, the owner shall demonstrate that the sum of the baseline actual 

emissions of the small emissions units, plus the sum of the baseline actual emissions of the 

significant and major emissions units assuming application of BACT equivalent controls, plus 

the sum of the allowable emissions of the new or modified emissions units exceeds the PAL. 

The level of control that would result from BACT equivalent controls on each significant or 

major emissions unit shall be determined by conducting a new BACT analysis at the time the 

application is submitted, unless the emissions unit is currently required to comply with a BACT 

or LAER requirement that was established within the preceding five years. In such a case, the 

assumed control level for that emissions unit shall be equal to the level of BACT or LAER with 

which that emissions unit shall currently comply. 

c. The owner obtains a major NSR permit for all emissions units identified in subdivision 1 of 

this subsection, regardless of the magnitude of the emissions increase resulting from them (i.e., 

no significant levels apply). These emissions units shall comply with any emissions

requirements resulting from the nonattainment major NSR program process (e.g., LAER), even 

though they have also become subject to the PAL or continue to be subject to the PAL. 

2. The PAL permit shall require that the increased PAL level shall be effective on the day any 

emissions unit that is part of the PAL major modification becomes operational and begins to emit 

the PAL pollutant. 

3. The board will calculate the new PAL as the sum of the allowable emissions for each modified or 

new emissions unit, plus the sum of the baseline actual emissions of the significant and major 

emissions units (assuming application of BACT equivalent controls as determined in accordance 

with subdivision 1 b of this subsection), plus the sum of the baseline actual emissions of the small 

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emissions units. 

4. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice 

requirements of subsection D of this section. 

M. The requirements for monitoring the PAL set forth in this subsection apply to actuals PALs. 

1. The general requirements for monitoring a PAL set forth in this subdivision apply to actuals 

PALs. 

a. Each PAL permit shall contain enforceable requirements for the monitoring system that

accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of 

time. Any monitoring system authorized for use in the PAL permit shall be based on sound 

science and meet generally acceptable scientific procedures for data quality and manipulation. 

Additionally, the information generated by such system shall meet minimum legal requirements 

for admissibility in a judicial proceeding to enforce the PAL permit. 

b. The PAL monitoring system shall employ one or more of the four general monitoring

approaches meeting the minimum requirements set forth in subdivision 2 of this subsection and 

must be approved by the board. 

c. Notwithstanding subdivision 1 b of this subsection, the owner may also employ an alternative 

monitoring approach that meets subdivision 1 a of this subsection if approved by the board. 

d. Failure to use a monitoring system that meets the requirements of this section renders the 

PAL invalid. 

2. The following are acceptable general monitoring approaches when conducted in accordance 

with the minimum requirements in subdivisions 3 through 9 of this subsection: 

a. Mass balance calculations for activities using coatings or solvents; 

b. CEMS; 

c. CPMS or PEMS; and 

d. Emission factors. 

3. An owner using mass balance calculations to monitor PAL pollutant emissions from activities 

using coating or solvents shall meet the following requirements: 

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a. Provide a demonstrated means of validating the published content of the PAL pollutant that 

is contained in or created by all materials used in or at the emissions unit; 

b. Assume that the emissions unit emits all of the PAL pollutant that is contained in or created 

by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted 

for in the process; and 

c. Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a 

range of pollutant content from such material, the owner shall use the highest value of the 

range to calculate the PAL pollutant emissions unless the board determines there is sitespecific data or a site-specific monitoring program to support another content within the range. 

4. An owner using CEMS to monitor PAL pollutant emissions shall meet the following

requirements: 

a. CEMS shall comply with applicable performance specifications found in 40 CFR Part 60, 

appendix B; and 

b. CEMS shall sample, analyze and record data at least every 15 minutes while the emissions 

unit is operating. 

5. An owner using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following 

requirements: 

a. The CPMS or the PEMS shall be based on current site-specific data demonstrating a 

correlation between the monitored parameters and the PAL pollutant emissions across the 

range of operation of the emissions unit; and 

b. Each CPMS or PEMS shall sample, analyze, and record data at least every 15 minutes, or at 

another less frequent interval approved by the board, while the emissions unit is operating. 

6. An owner using emission factors to monitor PAL pollutant emissions shall meet the following 

requirements: 

a. All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty 

or limitations in the factors' development; 

b. The emissions unit shall operate within the designated range of use for the emission factor, if 

applicable; and 

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c. If technically practicable, the owner of a significant emissions unit that relies on an emission 

factor to calculate PAL pollutant emissions shall conduct validation testing to determine a sitespecific emission factor within six months of PAL permit issuance, unless the board determines 

that testing is not required. 

7. The owner shall record and report maximum potential emissions without considering

enforceable emission limitations or operational restrictions for an emissions unit during any period 

of time that there is no monitoring data, unless another method for determining emissions during 

such periods is specified in the PAL permit. 

8. Notwithstanding the requirements in subdivisions 3 through 7 of this subsection, where an owner 

of an emissions unit cannot demonstrate a correlation between the monitored parameters and the 

PAL pollutant emissions rate at all operating points of the emissions unit, the board will, at the time 

of permit issuance: 

a. Establish default values for determining compliance with the PAL based on the highest

potential emissions reasonably estimated at such operating points; or 

b. Determine that operation of the emissions unit during operating conditions when there is no 

correlation between monitored parameters and the PAL pollutant emissions is a violation of the 

PAL. 

9. All data used to establish the PAL pollutant shall be revalidated through performance testing or 

other scientifically valid means approved by the board. Such testing shall occur at least once every 

five years after issuance of the PAL. 

N. The requirements for recordkeeping in the PAL permit set forth in this subsection shall apply to 

actuals PALs. 

1. The PAL permit shall require the owner to retain a copy of all records necessary to determine 

compliance with any requirement of this section and of the PAL, including a determination of each 

emissions unit's 12-month rolling total emissions, for five years from the date of such record. 

2. The PAL permit shall require an owner to retain a copy of the following records for the duration 

of the PAL effective period plus five years: 

a. A copy of the PAL permit application and any applications for revisions to the PAL; and 

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b. Each annual certification of compliance pursuant to the federal operating permit and the data 

relied on in certifying the compliance. 

O. The owner shall submit semi-annual monitoring reports and prompt deviation reports to the board 

in accordance with the federal operating permit program. The reports shall meet the following

requirements: 

1. The semi-annual report shall be submitted to the board within 30 days of the end of each 

reporting period. This report shall contain the following information: 

a. Identification of the owner and the permit number. 

b. Total annual emissions in tons per year based on a 12-month rolling total for each month in 

the reporting period recorded pursuant to subdivision N 1 of this section. 

c. All data relied upon, including, but not limited to, any quality assurance or quality control 

data, in calculating the monthly and annual PAL pollutant emissions. 

d. A list of any emissions units modified or added to the source during the preceding six-month 

period. 

e. The number, duration, and cause of any deviations or monitoring malfunctions (other than 

the time associated with zero and span calibration checks), and any corrective action taken. 

f. A notification of a shutdown of any monitoring system, whether the shutdown was permanent 

or temporary, the reason for the shutdown, the anticipated date that the monitoring system will 

be fully operational or replaced with another monitoring system, and whether the emissions unit 

monitored by the monitoring system continued to operate, and the calculation of the emissions 

of the pollutant or the number determined by method included in the permit, as provided by 

subdivision M 7 of this section. 

g. A signed statement by the responsible official (as defined by the federal operating permit 

program) certifying the truth, accuracy, and completeness of the information provided in the 

report. 

2. The owner shall promptly submit reports of any deviations or exceedance of the PAL

requirements, including periods where no monitoring is available. A report submitted pursuant to 

9VAC5-80-110 F 2 b shall satisfy this reporting requirement. The deviation reports shall be

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submitted within the time limits prescribed by 9VAC5-80-110 F 2 b. The reports shall contain the 

following information: 

a. Identification of the owner and the permit number; 

b. The PAL requirement that experienced the deviation or that was exceeded; 

c. Emissions resulting from the deviation or the exceedance; and 

d. A signed statement by the responsible official (as defined by the federal operating permit 

program) certifying the truth, accuracy, and completeness of the information provided in the 

report. 

3. The owner shall submit to the board the results of any revalidation test or method within three 

months after completion of such test or method. 

P. The board will not issue a PAL that does not comply with the requirements of this section after 

September 1, 2006. The board may supersede any PAL that was established prior to September 1, 2006, 

with a PAL that complies with the requirements of this section. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 22, Issue 23, eff. September 1, 2006. 

9VAC5-80-2150. Compliance with local zoning requirements. 

No provision of this part or any permit issued thereunder shall relieve an owner of the responsibility to 

comply in all respects with any existing zoning ordinances and regulations in the locality in which the 

source is located or proposes to be located; provided, however, that such compliance does not relieve the 

board of its duty under 9VAC5-170-170 and § 10.1-1307 E of the Virginia Air Pollution Control Law to 

independently consider relevant facts and circumstances. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002. 

9VAC5-80-2160. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; repealed, Virginia Register Volume 

18, Issue 14, eff. May 1, 2002. 

9VAC5-80-2170. Transfer of permits. 

A. No person shall transfer a permit from one location to another, or from one piece of equipment to 

another. 

B. In the case of a transfer of ownership of a stationary source, the new owner shall abide by any 

current permit issued to the previous owner. The new owner shall notify the board of the change in 

ownership within 30 days of the transfer. 

C. In the case of a name change of a stationary source, the owner shall abide by any current permit 

issued under the previous source name. The owner shall notify the board of the change in source name 

within 30 days of the name change. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999. 

9VAC5-80-2180. Permit invalidation, suspension, revocation, and enforcement. 

A. A permit granted pursuant to this article shall become invalid if a program of continuous

construction or modification is not commenced within 18 months from the date the permit is granted. 

B. A permit granted pursuant to this article shall become invalid if a program of construction or

modification is discontinued for a period of 18 months or more or if a program of construction or

modification is not completed within a reasonable time. This provision does not apply to the period 

between construction of the approved phases of a phased construction project; each phase shall

commence construction within 18 months of the projected and approved commencement date. 

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C. The board may extend the periods prescribed in subsections A and B of this section upon 

satisfactory demonstration that an extension is justified. Provided there is no substantive change to the 

application information, the review and analysis, and the decision of the board, such extensions may be 

granted using the procedures for minor amendments in 9VAC5-80-2220. 

D. Any owner who constructs or operates a source or modification not in accordance (i) with the 

application submitted pursuant to this article, or (ii) with the terms and conditions of any permit to 

construct or operate, or any owner of a source or modification subject to this article who commences 

construction or operation without applying for and receiving a permit hereunder, shall be subject to 

appropriate enforcement action including, but not limited to, any specified in this section. 

E. Permits issued under this article shall be subject to such terms and conditions set forth in the permit 

as the board may deem necessary to ensure compliance with all applicable requirements of the

regulations of the board. 

F. The board may revoke any permit if the permittee: 

1. Knowingly makes material misstatements in the permit application or any amendments thereto; 

2. Fails to comply with the terms or conditions of the permit; 

3. Fails to comply with any emission standards applicable to an emissions unit included in the 

permit; 

4. Causes emissions from the stationary source which result in violations of, or interfere with the 

attainment and maintenance of, any ambient air quality standard; or fails to operate in

conformance with any applicable control strategy, including any emission standards or emission 

limitations, in the implementation plan in effect at the time that an application is submitted; or 

5. Fails to comply with the applicable provisions of this article. 

G. The board may suspend, under such conditions and for such period of time as the board may 

prescribe, any permit for any of the grounds for revocation contained in subsection F of this section or for 

any other violations of the regulations of the board. 

H. The permittee shall comply with all terms and conditions of the permit. Any permit noncompliance 

constitutes a violation of the Virginia Air Pollution Control Law and is grounds for (i) enforcement action or 

(ii) revocation. 

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I. Violation of the regulations of the board shall be grounds for revocation of permits issued under this 

article and are subject to the civil charges, penalties and all other relief contained in Part V (9VAC5-170-

120 et seq.) of 9VAC5 Chapter 170 and the Virginia Air Pollution Control Law (§ 10.1-1300 et seq. of the 

Code of Virginia). 

J. The board will notify the applicant in writing of its decision, with its reasons, to change, suspend or 

revoke a permit or to render a permit invalid. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002; Volume 22, Issue 23, eff. September 1, 2006. 

9VAC5-80-2190. Existence of permit no defense. 

The existence of a permit under this article shall not constitute a defense to a violation of the Virginia 

Air Pollution Control Law (§ 10.1-1300 et seq. of the Code of Virginia) or the regulations of the board and 

shall not relieve any owner of the responsibility to comply with any applicable regulations, laws,

ordinances and orders of the governmental entities having jurisdiction. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 15, Issue 11, eff. April 1, 1999; amended, Virginia Register

Volume 18, Issue 14, eff. May 1, 2002. 

9VAC5-80-2195. Actions to combine permit terms and conditions.

A. General requirements for actions to combine permit terms and conditions are as follows:

1. Except as provided in subdivision 3 of this subsection, the board may take actions to combine 

permit terms and conditions as provided under subsections B through E of this section.

2. Requests to combine permit terms and conditions may be initiated by the permittee or by the 

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board.

3. Under no circumstances may an action to combine permit terms and conditions be used for any 

of the following:

a. To combine the terms and conditions of (i) a federal operating permit, (ii) a PAL permit, or (iii) 

any permit that is or will be part of the implementation plan.

b. To take an action to issue a permit or change a permit for the fabrication, erection,

installation, demolition, relocation, addition, replacement, or modification of an emissions unit 

that would result in a change in emissions that would otherwise (i) be subject to review under 

this article or (ii) require a permit or permit amendment under the new source review program.

c. To allow any stationary source or emissions unit to violate any federal requirement.

d. To take an action to issue a permit or change a permit for any physical change in or change 

in the method of operation of a major stationary source that is subject to the provisions in 

9VAC5-80-2000 D (restrictions on relaxing enforceable emission limitations that the major

stationary source used to avoid applicability of the major NSR program).

B. The board may take actions to combine the terms and conditions of state operating permits and 

new source review permits, along with any changes to state operating permits and new source review 

permits.

C. If the board and the owner make a mutual determination that it facilitates improved compliance or 

the efficient processing and issuing of permits, the board may take an action to combine the terms and 

conditions of permits for emissions units within a stationary source into one or more permits. Likewise the 

board may require that applications for permits for emissions units within a stationary source required by 

any permit program be combined into one application.

D. Actions to combine the terms and conditions of permits are subject to the following conditions:

1. Each term or condition in the combined permit shall be accompanied by a statement that

specifies and references the origin (enabling permit program) of, along with the regulatory or any 

other authority for, the term or condition.

2. Each term or condition in the combined permit shall be accompanied by a statement that

specifies the effective date of the term or condition.

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3. Each term or condition in the combined permit shall be identified by its original designation (i.e., 

state-only enforceable or federally and state enforceable) consistent with the applicable

enforceability designation of the term or condition in the contributing permit.

4. Except as provided in subsection E of this section, all terms and conditions in the contributing 

permits shall be included in the combined permit without change. The combined permit will

supersede the contributing permits, which will no longer be effective.

E. Actions to make changes to permit terms and conditions as may be necessary to facilitate actions 

to combine permit terms and conditions may be accomplished in accordance with the minor amendment 

procedures (unless specified otherwise in this section) of the enabling permit program (i.e., the permit 

program that is the origin of the term or condition), subject to the following conditions:

1. Updates to regulatory or other authorities may be accomplished in accordance with the

administrative amendment procedures of the enabling permit program.

2. If two or more terms or conditions apply to the same emissions unit or emissions units and are 

substantively equivalent, the more restrictive of the duplicate terms or conditions may be retained 

and the less restrictive one removed, subject to the provisions of subdivision 4 of this subsection.

3. If two or more similar terms or conditions apply to the same emissions unit or emissions units 

and one is substantively more restrictive than the others, the more restrictive of the terms or

conditions shall be retained, regardless of whether the less restrictive terms or conditions are 

removed. If the less restrictive of the similar terms or conditions is removed, the provisions of 

subdivision 4 of this subsection apply.

4. The removal of similar terms or conditions from contributing permits is subject to the following 

conditions:

a. If any one of the terms or conditions removed is federally and state enforceable, the more 

restrictive term or condition that is retained in the combined permit shall be federally and state 

enforceable.

b. If any one of the terms or conditions originates in a permit subject to a major NSR program, 

that major NSR program shall become the effective enabling permit program for the more 

restrictive term or condition that is retained in the combined permit. If more than one major NSR 

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program is the basis for a term or condition, all of the applicable major NSR programs shall be 

the enabling permit program for that term or condition.

c. The regulatory basis for all of the similar terms or conditions that are removed shall be 

included in the reference for the term or condition that is retained. 

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 20, eff. July 23, 2009.

9VAC5-80-2200. Actions to change permits. 

A. The general requirements for actions to make changes to permits issued under this article are as 

follows: 

1. Except as provided in subdivision 3 of this subsection, changes to a permit issued under this 

article shall be made as specified under subsections B and C of this section and 9VAC5-80-2210 

through 9VAC5-80-2240. 

2. Changes to a permit issued under this article may be initiated by the permittee as specified in 

subsection B of this section or by the board as specified in subsection C of this section. 

3. Changes to a permit issued under this article and incorporated into a permit issued under Article 

1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part shall be made as specified 

in Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part. 

B. The requirements for changes initiated by the permittee are as follows: 

1. The permittee may initiate a change to a permit by submitting a written request to the board for 

an administrative permit amendment, a minor permit amendment or a significant permit

amendment. The requirements for these permit changes can be found in 9VAC5-80-2210 through 

9VAC5-80-2230. 

2. A request for a change by a permittee shall include a statement of the reason for the proposed 

change. 

C. The board may initiate a change to a permit through the use of permit reopenings as specified in 

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9VAC5-80-2240. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 14, eff. May 1, 2002; amended, Virginia Register Volume 

22, Issue 23, eff. September 1, 2006; Volume 25, Issue 20, eff. July 23, 2009. 

9VAC5-80-2210. Administrative permit amendments. 

A. Administrative permit amendments shall be used for and limited to the following: 

1. Correction of typographical or any other error, defect or irregularity that does not substantially 

affect the permit. 

2. Identification of a change in the name, address, or phone number of any person identified in the 

permit, or of a similar minor administrative change at the source. 

3. Change in ownership or operational control of a source where the board determines that no 

other change in the permit is necessary, provided that a written agreement containing a specific 

date for transfer of permit responsibility, coverage, and liability between the current and new

permittee has been submitted to the board and the requirements of 9VAC5-80-2170 have been 

fulfilled. 

B. The administrative permit amendment procedures are as follows: 

1. The board will normally take final action on a request for an administrative permit amendment no 

more than 60 days from receipt of the request. 

2. The board will incorporate the changes without providing notice to the public under 9VAC5-80-

2070. However, any such permit revisions shall be designated in the permit amendment as having 

been made pursuant to this section. 

3. The owner may implement the changes addressed in the request for an administrative

amendment immediately upon submittal of the request. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

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Historical Notes 

Derived from Virginia Register Volume 18, Issue 14, eff. May 1, 2002; amended, Virginia Register Volume 

22, Issue 23, eff. September 1, 2006; Volume 25, Issue 20, eff. July 23, 2009. 

9VAC5-80-2220. Minor permit amendments. 

A. Minor permit amendment procedures shall be used only for those permit amendments that meet all 

of the following criteria: 

1. Do not violate any applicable federal requirement. 

2. Do not involve significant changes to existing monitoring, reporting, or record keeping

requirements that would make the permit requirements less stringent, such as a change to the 

method of monitoring to be used, a change to the method of demonstrating compliance or a 

relaxation of reporting or record keeping requirements. 

3. Do not require or change a case-by-case determination of an emissions limitation or other 

requirement. 

4. Do not seek to establish or change a permit term or condition (i) for which there is no

corresponding underlying applicable regulatory requirement and (ii) that the source has assumed 

to avoid an applicable regulatory requirement to which the source would otherwise be subject. 

Such terms and conditions include, but are not limited to, an emissions cap assumed to avoid 

classification as a modification under the new source review program. 

5. Are not required to be processed as a significant amendment under 9VAC5-80-2230 or as an 

administrative permit amendment under 9VAC5-80-2210. 

B. Notwithstanding subsection A of this section, minor permit amendment procedures may be used for 

permit amendments that meet any of the following criteria: 

1. Involve the use of economic incentives, emissions trading, and other similar approaches, to the 

extent that such minor permit amendment procedures are explicitly provided for in a regulation of 

the board or a federally-approved program. 

2. Require new or more frequent monitoring or reporting by the permittee. 

3. Designate any term or permit condition that meets the criteria in 9VAC5-80-2020 E 1 as stateonly enforceable as provided in 9VAC5-80-2020 E 2 for any permit issued under this article or any 

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regulation from which this article is derived. 

C. Minor permit amendment procedures may be used for permit amendments involving the rescission 

of a provision of a permit if the board and the owner make a mutual determination that the provision is 

rescinded because all of the underlying statutory or regulatory requirements (i) upon which the provision 

is based or (ii) that necessitated inclusion of the provision are no longer applicable. In order for the 

underlying statutory and regulatory requirements to be considered no longer applicable, the provision of 

the permit that is being rescinded must not cover a regulated NSR pollutant. 

D. A request for the use of minor permit amendment procedures shall include a description of the 

change, the emissions resulting from the change, and any new applicable regulatory requirements that 

will apply if the change occurs, along with a request that such procedures be used. The applicant may, at 

the applicant's discretion, include a suggested proposed permit amendment.

E. The public participation requirements of 9VAC5-80-2070 shall not extend to minor permit

amendments. 

F. Normally within 90 days of receipt by the board of a complete request under minor permit

amendment procedures, the board will do one of the following: 

1. Issue the permit amendment as proposed. 

2. Deny the permit amendment request. 

3. Determine that the requested amendment does not meet the minor permit amendment criteria 

and should be reviewed under the significant amendment procedures. 

G. The requirements for making changes are as follows: 

1. The owner may make the change proposed in the minor permit amendment request immediately 

after the request is filed. 

2. After the change under subdivision 1 of this subsection is made, and until the board takes any of 

the actions specified in subsection F of this section, the source shall comply with both the

applicable regulatory requirements governing the change and the proposed permit amendment. 

3. During the time period specified in subdivision 2 of this subsection, the owner need not comply 

with the existing permit terms and conditions the owner seeks to modify if the applicant has

submitted a proposed permit amendment. However, if the owner fails to comply with the proposed 

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permit terms and conditions during this time period, the existing permit terms and conditions the 

owner seeks to modify may be enforced against the owner. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 14, eff. May 1, 2002; amended, Virginia Register Volume 

22, Issue 23, eff. September 1, 2006; Volume 25, Issue 20, eff. July 23, 2009. 

9VAC5-80-2230. Significant amendment procedures. 

A. The criteria for use of significant amendment procedures are as follows: 

1. Significant amendment procedures shall be used for requesting permit amendments that do not 

qualify as minor permit amendments under 9VAC5-80-2220 or as administrative amendments

under 9VAC5-80-2210. 

2. Significant amendment procedures shall be used for those permit amendments that meet any of 

the following criteria: 

a. Involve significant changes to existing monitoring, reporting, or record keeping requirements 

that would make the permit requirements less stringent, such as a change to the method of 

monitoring to be used, a change to the method of demonstrating compliance or a relaxation of 

reporting or recordkeeping requirements. 

b. Require or change a case-by-case determination of an emissions limitation or other

requirement. 

c. Seek to establish or change a permit term or condition (i) for which there is no corresponding 

underlying applicable regulatory requirement and (ii) that the source has assumed to avoid an 

applicable regulatory requirement to which the source would otherwise be subject. Such terms 

and conditions include, but are not limited to, an emissions cap assumed to avoid classification 

as a modification under the new source review program. 

B. A request for a significant permit amendment shall include a description of the change, the 

emissions resulting from the change, and any new applicable regulatory requirements that will apply if the 

change occurs. The applicant may, at the applicant's discretion, include a suggested draft permit

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amendment. 

C. The provisions of 9VAC5-80-2070 shall apply to requests made under this section. 

D. The board will normally take final action on significant permit amendments within 180 days after 

receipt of a complete request except in cases where direct consideration of the request by the board is 

granted pursuant to 9VAC5-80-25. The board may extend this time period if additional information is 

needed. 

E. The owner shall not make the change applied for in the significant amendment request until the 

amendment is approved by the board under subsection D of this section. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 14, eff. May 1, 2002; amended, Virginia Register Volume 

22, Issue 23, eff. September 1, 2006; Volume 25, Issue 6, eff. December 31, 2008; Volume 25, Issue 20, 

eff. July 23, 2009. 

9VAC5-80-2240. Reopening for cause. 

A. A permit may be reopened and amended under any of the following situations: 

1. Additional regulatory requirements become applicable to the emissions units covered by the 

permit after a permit is issued but prior to commencement of construction. 

2. The board determines that the permit contains a material mistake or that inaccurate statements 

were made in establishing the emissions standards or other terms or conditions of the permit. 

3. The board determines that the permit must be amended to assure compliance with the

applicable regulatory requirements or that the terms and conditions of the permit are not sufficient 

to meet all of the requirements contained in this article. 

B. Proceedings to reopen and reissue a permit shall follow the same procedures as apply to initial 

permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such 

reopening shall be made as expeditiously as practicable. 

C. Reopenings shall not be initiated before a notice of such intent is provided to the source by the 

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board at least 30 days in advance of the date that the permit is to be reopened, except that the board 

may provide a shorter time period in the case of an emergency. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia;. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 14, eff. May 1, 2002; amended, Virginia Register Volume 

22, Issue 23, eff. September 1, 2006; Volume 25, Issue 20, eff. July 23, 2009. 

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