Virginia Administrative Code

Database updated through January 6, 2011

Article 51 

Emission Standards for Stationary Sources Subject to Case-by-Case RACT Determination (Rule 4-51) 

9VAC5-40-7370. Applicability and designation of affected facility. 

A. The affected facility to which the provisions of this article apply is each facility that is within a 

stationary source that has a theoretical potential to emit equal to or greater than the applicable source 

threshold specified in Table 4-51A or 4-51B, and Table 4-51C or 4-51E. 

B. The provisions of this article apply to all Emission Control Areas as defined in 9VAC5-20-206 and 

indicated in Table 4-51A or 4-51B, and Table 4-51C or 4-51E. 

C. The provisions of this article do not apply to a particular pollutant from an affected facility if the 

affected facility is subject to other emission standards in this chapter covering the same pollutant. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7380. Definitions. 

A. For the purpose of applying this article in the context of the Regulations for the Control and 

Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in 

subsection C of this section. 

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5-10, 

unless otherwise required by context. 

C. Terms defined. 
"Capacity factor" means the ratio of the average load on a machine or equipment for the period of time 

considered to be the capacity rating of the machine or equipment. 

"Combustion modification" means any change to the configuration of the burners or the firing method 

or mechanism of any combustion equipment for the purpose of reducing the emissions of nitrogen oxides. 

Acceptable combustion equipment changes within the context of this term include, but are not limited to, 

reburning, burners out of service, flue gas recirculation, fuel substitution, engine adjustments, engine 

modifications, fuel modifications and the addition of over fire air and low nitrogen oxides burner systems. 

"Fossil fuel" means natural gas, petroleum, coal and any form of solid, liquid or gaseous fuel derived 

from such materials for the purpose of creating useful heat. 

"Fuel burning equipment" means any furnace, with fuel burning equipment appurtenances thereto, 

used in the process of burning fuel for the primary purpose of producing heat to be utilized by indirect 

heat transfer or producing power. This includes facilities that are designed as boilers to produce steam or 

heated water and are designed to burn either fossil fuel or refuse derived fuel. It does not include such 

facilities if designed primarily to burn raw refuse. 

"Gas turbine" means a rotary internal combustion engine fueled by liquid or gaseous fuel. 

"Heat input" means the total gross calorific value of all fuels burned. 

"Incinerator" means any device, apparatus, equipment, or structure using combustion or pyrolysis for 

destroying, or reducing the volume of any material or substance. 

"Internal combustion engine" means a reciprocating engine that is fueled by liquid or gaseous fuel. 

"Presumptive RACT" means the emission limit that a particular source is capable of meeting by the 

application of reasonably available control technology that is defined in 9VAC5-40-7430. 

"Process heater" means any fuel burning equipment that is used to produce heat for use in a 

manufacturing process. This term includes boilers that use a heat transfer medium other than water, but 

does not include drying ovens, steam generating units, or other drying apparatus. 

"Rated capacity" means the capacity as stipulated in the purchase contract for the condition of 100% 
load, or such other capacities as mutually agreed to by the board and owner using good engineering 

judgment. 

"Reasonably available control technology" or "RACT" means the lowest emission limit that a particular 

source is capable of meeting by the application of control technology that is reasonably available, 

considering technological and economic feasibility. 

"Refuse derived fuel (RDF)" means fuel produced from solid or liquid waste (includes materials 

customarily referred to as refuse and other discarded materials) or both that has been segregated and 

classified, with the useable portions being put through a size reduction and classification process which 

results in a relatively homogeneous mixture. 

"Steam generating unit" means any furnace, boiler or other device used for combusting fuel for the 

purpose of producing steam. 

"Theoretical potential to emit" means the maximum capacity of a stationary source to emit a pollutant 

based on emissions at design capacity or maximum production and maximum operating hours (8,760 

hours/year) before add-on controls, unless the facility is subject to state and federally enforceable permit 

conditions that limit production rates or hours of operation. Emissions from all facilities, including facilities 

exempt from any other emission standard for volatile organic compounds or nitrogen oxides in this 

chapter, shall be added together to determine theoretical potential to emit. 

"Tpy" means tons per year. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7390. Standard for volatile organic compounds (one-hour ozone standard). 

A. No owner or other person shall cause or permit to be discharged from any affected facility any 
volatile organic compounds (VOCs) emissions in excess of that resultant from using RACT. 

B. The provisions of this section apply to all facilities that (i) are within a stationary source in the 

emissions control areas specified in Table 4-51A and (ii) are within a stationary source that has a 

theoretical potential to emit at the applicable source thresholds specified Table 4-51A. 

TABLE 4-51A. 

Notification and Compliance Dates for Facilities Located in VOC Emissions Control Areas. 

Emissions Control Area Source Threshold Notification Date Compliance Date

Richmond ≥ 100 tpy October 1, 1991 May 31, 1995

Northern Virginia ≥ 100 tpy October 1, 1991 May 31, 1995

Northern Virginia ≥ 50 tpy and < 100 tpy April 1, 1993 May 31, 1995

Northern Virginia ≥ 25 tpy and < 50 tpy July 1, 1996 May 31, 1996

C. For facilities subject to the provisions of this section, the owners shall, by the notification dates 

specified in Table 4-51A, (i) notify the board of their applicability status, (ii) commit to making a 

determination as to what constitutes RACT for the facilities and (iii) provide a schedule acceptable to the 

board for making this determination and for achieving compliance with the emission standard as 

expeditiously as possible but no later than the compliance dates specified in Table 4-51A. 

D. For the purposes of this section only, the Richmond Emissions Control Area shall not include 

Prince George County and Petersburg City. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7400. Standard for volatile organic compounds (eight-hour ozone standard). 

A. No owner or other person shall cause or permit to be discharged from any affected facility any 

volatile organic compounds (VOCs) emissions in excess of that resultant from using RACT. 
B. The provisions of this section apply to all facilities that (i) are within a stationary source in the 

emissions control areas specified in Table 4-51B and (ii) are within a stationary source that has a 

theoretical potential to emit at the applicable source thresholds specified Table 4-51B. 

TABLE 4-51B. 

Notification and Compliance Dates for Facilities Located in VOC Emissions Control Areas. 

Emissions Control Area Source Threshold Notification Date Compliance Date

Northern Virginia ≥ 50 tpy March 1, 2007 April 1, 2009

C. For facilities subject to the provisions of this section, the owners shall, by the notification dates 

specified in Table 4-51B, (i) notify the board of their applicability status, (ii) commit to making a 

determination as to what constitutes RACT for the facilities and (iii) provide a schedule acceptable to the 

board for making this determination and for achieving compliance with the emission standard as 

expeditiously as possible but no later than the compliance dates specified in Table 4-51B. 

D. Nothing in this article shall exempt any facility subject to the provisions of 9VAC5-40-7390 from 

being subject to the provisions of this section. The board may reevaluate any RACT determination made 

under 9VAC5-40-7390 and require compliance with a new RACT determination as necessary to 

implement this section. 

E. Upon the request of the board, the owner of a facility subject to or exempt from the provisions of 

9VAC5-40-7390 shall provide such information as the board deems necessary to determine if the facility 

is subject to this section. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7410. Standard for nitrogen oxides (one-hour ozone standard). 

A. No owner or other person shall cause or permit to be discharged from any affected facility any 
nitrogen oxides (NOX) emissions in excess of that resultant from using RACT. 

B. Unless the owner demonstrates otherwise to the satisfaction of the board, facilities to which the 

presumptive RACT provisions of 9VAC5-40-7430 are applicable shall comply with the provisions of 

subsection A of this section by the use of presumptive RACT. 

C. The provisions of this section apply to all facilities that (i) are within a stationary source in the 

emissions control areas specified in Table 4-51C and (ii) are within a stationary source that has a 

theoretical potential to emit at the applicable source thresholds specified in Table 4-51C. 

TABLE 4-51C. 

Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which 

There is No Presumptive RACT. 

Emissions Control Area Source Threshold Notification Date Compliance Date

Northern Virginia ≥ 50 tpy April 1, 1993 May 31, 1995

Northern Virginia ≥ 25 tpy and < 50 tpy September 4, 2003 November 15, 2005

Western Virginia ≥ 100 tpy June 24, 2004 November 15, 2005

D. For facilities subject to the provisions of this section and for which there is no presumptive RACT 

definition, the owners shall, by the notification dates specified in Table 4-51C, (i) notify the board of their 

applicability status, (ii) commit to making a determination as to what constitutes RACT for the facilities 

and (iii) provide a schedule acceptable to the board for making this determination and for achieving 

compliance with the emission standard as expeditiously as possible but no later than the compliance 

dates specified in Table 4-51C. 

E. For facilities subject to the provisions of this section and for which there is a presumptive RACT 

definition, the owners shall, by the notification dates specified in Table 4-51D, (i) notify the board of their 

applicability status, (ii) commit to accepting the presumptive RACT emission limits as RACT for the 

applicable facilities or to submitting a demonstration as provided in subsection B of this section and (iii) 

provide a schedule acceptable to the board for submitting the demonstration no later than the 

demonstration dates specified in Table 4-51D, and for achieving compliance with the emission standard 

as expeditiously as possible but no later than the compliance dates specified in Table 4-51D. 
TABLE 4-51D. 

Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which 

Presumptive RACT is Defined. 

Emissions Control 

Area

Source 

Threshold Notification Date Demonstration Date Compliance Date

Northern Virginia ≥ 50 tpy April 1, 1993 January 1, 1994 May 31, 1995

Northern Virginia ≥ 25 tpy and 

< 50 tpy

September 4, 

2003 January 1, 2004 November 15, 2005

Western Virginia ≥ 100 tpy June 24, 2004 January 1, 2004 November 15, 

2005

F. No owner or other person shall cause or permit to be discharged from any facility any NOX

emissions in excess of those necessary to achieve emissions reductions identified in any attainment or 

maintenance plan or any other legally enforceable document submitted to the U.S. Environmental 

Protection Agency as a revision to the state implementation plan. 

1. The facilities to which the provisions of this subsection apply are facilities within any emissions 

control area (see 9VAC5-20-206) identified in any attainment or maintenance plan submitted to the 

U.S. Environmental Protection Agency as a revision to the state implementation plan. 

2. The board may establish case-by-case emission limits and other requirements as may be 

necessary to achieve the required emission reductions via permits, consent orders, or other legally 

enforceable means. 

3. Facilities subject to this subsection shall be in compliance with any limits and other requirements 

established pursuant to subdivision 2 of this subsection within the timeframes established in any 

state plan revision, permit, or other legally enforceable document. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 
9VAC5-40-7420. Standard for nitrogen oxides (eight-hour ozone standard). 

A. No owner or other person shall cause or permit to be discharged from any affected facility any 

nitrogen oxides (NOX) emissions in excess of that resultant from using RACT. 

B. Unless the owner demonstrates otherwise to the satisfaction of the board, facilities to which the 

presumptive RACT provisions of 9VAC5-40-7430 are applicable shall comply with the provisions of 

subsection A of this section by the use of presumptive RACT. 

C. The provisions of this section apply to all facilities that (i) are within a stationary source in the 

emissions control areas specified in Table 4-51E and (ii) are within a stationary source that has a 

theoretical potential to emit at the applicable source thresholds specified in Table 4-51E. 

TABLE 4-51E. 

Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which 

There is No Presumptive RACT. 

Emissions Control Area Source Threshold Notification Date Compliance Date

Northern Virginia ≥ 100 tpy March 1, 2007 April 1, 2009

D. For facilities subject to the provisions of this section and for which there is no presumptive RACT 

definition, the owners shall, by the notification dates specified in Table 4-51E, (i) notify the board of their 

applicability status, (ii) commit to making a determination as to what constitutes RACT for the facilities 

and (iii) provide a schedule acceptable to the board for making this determination and for achieving 

compliance with the emission standard as expeditiously as possible but no later than the compliance 

dates specified in Table 4-51E. 

E. For facilities subject to the provisions of this section and for which there is a presumptive RACT 

definition, the owners shall, by the notification dates specified in Table 4-51F, (i) notify the board of their 

applicability status, (ii) commit to accepting the presumptive RACT emission limits as RACT for the 

applicable facilities or to submitting a demonstration as provided in subsection B of this section and (iii) 

provide a schedule acceptable to the board for submitting the demonstration no later than the 

demonstration dates specified in Table 4-51F, and for achieving compliance with the emission standard 

as expeditiously as possible but no later than the compliance dates specified in Table 4-51F. 
TABLE 4-51F. 

Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for Which 

Presumptive RACT is Defined. 

Emissions Control 

Area

Source 

Threshold

Notification 

Date

Demonstration 

Date

Compliance 

Date

Northern Virginia ≥ 100 tpy March 1, 2007 June 1, 2007 April 1, 2009

F. Nothing in this article shall exempt any facility subject to the provisions of 9VAC5-40-7410 from 

being subject to the provisions of this section. The board may reevaluate any RACT determination made 

under 9VAC5-40-7410 and require compliance with a new RACT determination as necessary to 

implement this section. 

G. Upon the request of the board, the owner of a facility subject to or exempt from the provisions of 

9VAC5-40-7410 shall provide such information as the board deems necessary to determine if the facility 

is subject to this section. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006; amended, Virginia Register 

Volume 26, Issue 8, eff. January 20, 2010. 

9VAC5-40-7430. Presumptive reasonably available control technology guidelines for stationary 

sources of nitrogen oxides. 

A. Unless otherwise approved by the board, this section defines presumptive RACT for the purposes 

of compliance with 9VAC5-40-7410 A or 9VAC5-20-7420 A for the source types specified here. 

B. Presumptive RACT is defined as follows. 

1. For the source types listed below, RACT is defined as the emission limits specified below based 

upon the application of combustion modification; however, owners may elect to use any alternative 

control technology, provided such alternative is capable of achieving the prescribed emission 
limits. 

a. The maximum allowable emission rate for NOX from steam generating units and process 

heaters is as follows: 

TABLE 4-51G. 

Maximum Allowable Emission Rates for NOX Emissions from Steam 

Generating Units and Process Heaters (pounds per million Btu heat input). 

Fuel Type

Firing Method

Face* and 

Tangential Cyclone Stokers

Coal – wet bottom 1.0 .55 N/A

Coal – dry bottom .38 N/A 0.4

Oil or Gas or both .25 .43 N/A

Gas only .20 N/A N/A

*Includes wall, opposed and vertical firing methods

b. The maximum allowable emission rate for NOX from gas turbines is as follows: 

TABLE 4-51H. 

Maximum Allowable Emission Rates for NOX Emissions from Gas 

Turbines (parts per million by dry volume corrected to 15% oxygen). 

Fuel Type

Turbine Type

Simple Cycle Combined Cycle

Gas 42 42

Oil 65/77* 65/77*

*Limit shall be 65 ppm for fuel bound nitrogen (FBN) <0.015% and 77 ppm 

for FBN ≥ .015%.

2. Any demonstration of compliance with the limits in subdivision B 1 of this section shall be on a 

daily basis. 

3. The following sources are not required to make demonstration of RACT as required by 9VAC5-

40-7410 B or 9VAC5-40-7420 B. 

a. Any steam generating unit, process heater or gas turbine with an annual capacity factor of 

less than 5.0%, except that three months following any calendar year during which the capacity 
factor is 5.0% or greater, the facility shall be subject to 9VAC5-40-7410 A or B, or 9VAC5-40 

7420 A or B, as applicable, and the owner shall comply with 9VAC5-40-7410 D or E, or 9VAC5-

40-7420 D or E, as applicable, except the compliance date shall be two years after approval of 

the schedule by the board. Time periods during which a stand-by unit is used to provide 

replacement services for a unit being altered to comply with the provisions of 9VAC5-40-7410 A 

or B, or 9VAC5-40-7420 A or B, shall not be used as the basis for a determination that the 

stand-by unit exceeded the annual capacity factor criteria of 5.0%. 

b. Any stationary internal combustion engine with a rated capacity of less than 450 hp of output 

power. 

c. Any incinerator with a maximum capacity of less than 50 tons of waste per day. 

d. Any incinerator or thermal or catalytic oxidizer used exclusively as air pollution control 

equipment. 

e. Any generator used solely to supply emergency power to buildings during periods when 

normal power supplies are interrupted and during periods of scheduled maintenance. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7440. Standard for visible emissions. 

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible 

Emissions and Fugitive Dust/Emissions, Rule 4-1) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 
Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7450. Standard for fugitive dust/emissions. 

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission Standards for Visible 

Emissions and Fugitive Dust/Emissions, Rule 4-1) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7460. Standard for odor. 

The provisions of Article 2 (9VAC5-40-130 et seq.) of this chapter (Emission Standards for Odor, Rule 

4-2) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7470. Standard for toxic pollutants. 

The provisions of Article 4 (9VAC5-60-200 et seq.) of 9VAC5 Chapter 60 (Emission Standards for 

Toxic Pollutants, Rule 6-4) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 
Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7480. Compliance. 

The provisions of 9VAC5-40-20 (Compliance) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7490. Test methods and procedures. 

The provisions of 9VAC5-40-30 (Emission Testing) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7500. Monitoring. 

The provisions of 9VAC5-40-40 (Monitoring) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7510. Notification, records and reporting. 
The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7520. Registration. 

The provisions of 9VAC5-20-160 (Registration) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7530. Facility and control equipment maintenance or malfunction. 

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or Malfunction) apply. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006. 

9VAC5-40-7540. Permits. 

A permit may be required prior to beginning any of the activities specified below and the provisions of 

9VAC5-50 and 9VAC5-80 may apply. Owners contemplating such action should contact the appropriate 

regional office for guidance. 
1. Construction of a facility. 

2. Reconstruction (replacement of more than half) of a facility. 

3. Modification (any physical change to equipment) of a facility. 

4. Relocation of a facility. 

5. Reactivation (restart-up) of a facility. 

6. Operation of a facility. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act (40 

CFR Parts 51 and 60). 

Historical Notes 

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006.