Douglas W. Domenech 

Secretary of Natural Resources 

COMMONWEALTH a/VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Street address: 629 East Main Street, Richmond, Virginia 23219 

Mailing address: P.O. Box 1105, Richmond, Virginia 23218 

TDD (804) 698-4021 

www.deq.virginia.gov 

AUG 2 5 2011 

Ms. Diana Esher, Director 

Air Protection Division (3APOO) 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

David K. Paylor 

Director 

(804) 698-4000 

1-800-592-5482 

Reference: Major Source Permits, 

Revision All 

Dear Ms. Esher: 

Pursuant to the requirements of § 110 of the Clean Air Act, we are officially requesting 

approval of a revision to the Commonwealth of Virginia State Implementation Plan approved 

and submitted under the authority of § 10.1-1185 of the Code of Virginia and in accordance with 

the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of 

Implementation Plans). 

This revision consists of amendments to major new source review permitting regulations 

for PSD and nonattainment areas (Articles 8 and 9 of 9VAC5 Chapter 80) as set out in 40 CFR 

51.165 and 40 CFR 51 .166. The amendments (i) establish the major source threshold, significant 

emissions rate, and offset ratios for particulate matter less than 2.5 micrometers (PM2.s), 

interpollutant trading for offsets and applicability ofNSR to PM2.5 precursors as promulgated by 

EPA on May 16,2008 (73 FR 28321); and (ii) add maximum allowable increases in ambient 

pollutant concentrations (increments), significant impact levels, and a significant monitoring 

concentration for PM2.5 as promulgated by EPA on October 20,2010 (75 FR 64864). Several 

minor administrative revisions were made as well. The regulation amendments were adopted by 

the State Air Pollution Control Board on June 10, 2011 under the authority of § 10.1-1308 of the 

Code of Virginia. 
Enclosed are the following: 

1. A true copy of the official regulation (Revision All) which was published in the 

Virginia Register on July 18, 2011 after being duly adopted by the State Air 

Pollution Control Board on June 10, 2011, certified by the Office of the Attorney 

General as within the board's statutory authority on June 16,2011 and thus fully 

enforceable under Virginia law, and submitted to the Virginia Registrar on behalf 

of the board by the Department of Environmental Quality as a true and accurate 

. copy of the duly adopted regulation on June 28, 2011, providing the evidence 

required by Section 2.1 (b) and ( e) of Appendix V of 40 CFR Part 51. 

2. Certification of public participation activities and compliance with state 

administrative procedures. 

3. Public participation record. 

4. An electronic copy of the complete submittal. This electronic copy is an exact 

duplicate of the hard copy. 

If you have any questions or need additional information, please let us know. 

DKP\kgs 

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ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION A11

CONCERNING

MAJOR SOURCE PERMITS

(9VAC5 CHAPTER 80)

Adoption Date: June 10, 2011

Effective Date: August 17, 2011

The following table lists the specific provisions of the attached regulations that will be 

used to implement the State Implementation Plan (SIP). A copy of the actual regulation 

submitted for approval and incorporation by reference into the Virginia SIP is included 

in Enclosure 2.

CHAPTER 10 GENERAL DEFINITIONS

9VAC5-10-30 Abbreviations (modified)

CHAPTER 80 PERMITS FOR STATIONARY SOURCES

PART II Permit Procedures

ARTICLE 8 PERMITS FOR MAJOR STATIONARY SOURCES AND MAJOR 

MODIFICATIONS LOCATING IN PREVENTION OF SIGNIFICANT 

DETERIORATION AREAS

9VAC5-80-1615 Definitions (modified)

baseline area, baseline date, regulated NSR pollutant, 

significant

9VAC5-80-1635 Ambient air increments (modified)

9VAC5-80-1695 Exemptions (modified)

9VAC5-80-1715 Source impact analysis (modified)

9VAC5-80-1765 Sources affecting federal class I areas - additional requirements 

(modified)

ARTICLE 9 PERMITS FOR MAJOR STATIONARY SOURCES AND MAJOR 

MODIFICATIONS LOCATING IN NONATTAINMENT AREAS

9VAC5-80-2010 Definitions (modified)
continuous emissions monitoring system (CEMS), continuous 

parameter monitoring system (CPMS), regulated NSR pollutant, 

significant

9VAC5-80-2120 Offsets (modified)

TEMPLATES\SIP-REG\REG01

SIP\MAJOR NSR1\A11-SIP-1.DOC
COMMONWEALTH OF VIRGINIA PAGE 1 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

9VAC5 CHAPTER 10.

GENERAL DEFINITIONS.

9VAC5-10-30. Abbreviations.

A - ampere

act - actual

AQCR - Air Quality Control Region

AQMA - Air Quality Maintenance Area

ASTM - American Society for Testing and Materials

avg - average

Be - Beryllium

Btu - British thermal unit

°C - degree Celsius (centigrade)

cal - calorie

cc - cubic centimeter

CdS - cadmium sulfide

cfm - cubic feet per minute

CFR - Code of Federal Regulations (40 CFR Part 35 means Part 35 of Title 40 of the 

Code of Federal Regulations; 40 CFR 35.20 means Section 35.20 in Part 35 of Title 40 of 

the Code of Federal Regulations)

CO - carbon monoxide

CO2 - carbon dioxide

COH - Coefficient of Haze (unit of measure for the soiling index)

cu ft - cubic feet

d - day
COMMONWEALTH OF VIRGINIA PAGE 2 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

dcf - dry cubic feet

dcm - dry cubic meter

dscf - dry cubic feet at standard conditions

dscm - dry cubic meter at standard conditions

EPA - U.S. Environmental Protection Agency

eq - equivalents

°F - degree Fahrenheit

FR - Federal Register (36 FR 1492, May 3, 1971 means page 1492, dated May 3, 1971, of 

Volume 36 of the Federal Register - the page indicated is the first page of the referenced 

material)

ft - feet

ft2 - square feet

ft3 - cubic feet

g - gram

gal - gallon

GEP - good engineering practice

g-eq - gram equivalents

gr - grain

HCl - hydrochloric acid or hydrogen chloride

Hg - mercury

hp - horse power

hr - hour

H20 - water

H2S - hydrogen sulfide
COMMONWEALTH OF VIRGINIA PAGE 3 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

H2SO4 - sulfuric acid

Hz - hertz

I.D. - inside diameter

in - inch

inHg - inches of mercury

inH20 - inches of water

J - joule

°K - degree Kelvin

k - 1,000

kg - kilogram = 103 gram

l - liter

lb - pound

lpm - liter per minute

M - molar

m - meter

m3 - cubic meter

meq - milliequivalent

Mg - megagram = 106 gram

mg - milligram = 10-3 gram

min - minute

ml - milliliter = 10-3 liter

mm - millimeter = 10-3 meter
COMMONWEALTH OF VIRGINIA PAGE 4 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

mol - mole

mol.wt. - molecular weight

MSA - Metropolitan Statistical Area

mV - millivolt = 10-3 volt

N -normal

n - newton

N2 - nitrogen

ng - nanogram = 10-9 gram

nm - nanometer = 10-9 meter

NO - nitric oxide

NO2 - nitrogen dioxide

NOx - nitrogen oxides

O2 - oxygen

O.D. - outside diameter

oz - ounce

Pa - pascal

ppb - parts per billion

PM - particulate matter; any airborne finely divided solid or liquid material with an 

aerodynamic diameter smaller than 100 micrometers.

PM10 - particulate matter with an aerodynamic diameter less than or equal to a nominal 

10 micrometers

PM2.5 - particulate matter with an aerodynamic diameter less than or equal to a nominal 

2.5 micrometers

ppm - parts per million
COMMONWEALTH OF VIRGINIA PAGE 5 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

psi - pounds per square inch

psia - pounds per square inch absolute

psig - pounds per square inch gauge

°R - degree Rankine

s - second

scf - cubic feet at standard conditions

scfh - cubic feet per hour at standard conditions

scm - cubic meter at standard conditions

sec - second

SO2 - sulfur dioxide

SO3 - sulfur trioxide

SOx - sulfur oxides

sq ft - square feet

std - at standard conditions or standard

μg - microgram = 10-6 gram

μl - microliter = 10-6 liter

USC - United States Code

V - volt

v/v - volume per volume

VOC - volatile organic compound

W - watt

w.g. - water gauge

yd2 - square yard
COMMONWEALTH OF VIRGINIA PAGE 6 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

yr - year

% - percent

Ω - ohm

§ - section

9VAC5 CHAPTER 80.

PERMITS FOR STATIONARY SOURCES.

Part II.

Permit Procedures.

ARTICLE 8.

Permits for Major Stationary Sources and Major Modifications Locating

in Prevention of Significant Deterioration Areas.

(replaces Article 8 [9VAC5-80-1700 et seq.]).

9VAC5-80-1615. Definitions.

A. As used in this article, all words or terms not defined herein shall have the 

meanings given them in 9VAC5-10 (General Definitions), unless otherwise required by 

context.

B. For the purpose of this article, 9VAC5-80-280 and 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:

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 

9VAC5-80-1865. 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 that precedes the particular date and that 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 
COMMONWEALTH OF VIRGINIA PAGE 7 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

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 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.

"Administrator" means the administrator of the U.S. Environmental 

Protection Agency (EPA) or an authorized representative.

"Adverse impact on visibility" means visibility impairment that interferes 

with the management, protection, preservation or enjoyment of the visitor's visual 

experience of the federal class I area. This determination shall be made on a 

case-by-case basis taking into account the geographic extent, intensity, duration, 

frequency and time of visibility impairment, and how these factors correlate with (i) times 

of visitor use of the federal class I areas, and (ii) the frequency and timing of natural 

conditions that reduce visibility.

"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 that restrict the operating rate, or hours of 

operation, or both) and the most stringent of the following:

a. The applicable standards as set forth in 40 CFR Parts 60, 61, 

and 63;

b. The 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 
COMMONWEALTH OF VIRGINIA PAGE 8 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

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 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.
COMMONWEALTH OF VIRGINIA PAGE 9 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

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 this article.

"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 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) 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 under this article, 

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.
COMMONWEALTH OF VIRGINIA PAGE 10 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

(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 major 

stationary source must currently comply, had such major stationary 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 that the administrator proposed or promulgated under 40 CFR Part 63, the 

baseline actual emissions need only be adjusted if the board 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 all 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 (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 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 subsection. 

"Baseline area"
COMMONWEALTH OF VIRGINIA PAGE 11 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

a. Means any intrastate area (and every part thereof) designated as 

attainment or unclassifiable under § 107(d)(1)(C) § 107(d)(1)(A)(ii) or (iii) of the federal 

Clean Air Act in which the major source or major modification establishing the minor 

source baseline date would construct or would have an air quality impact equal to or 

greater than 1 μg/m3 (annual average) of for the pollutant for which the minor source

baseline date is established, as follows: (i) for SO2, NO2, or PM10, equal to or greater 

than 1 μg/m3 (annual average); or (ii) for PM2.5, equal to or greater than 0.3 μg/m3

(annual average).

b. Area redesignations under § 107(d)(3) § 107(d)(1)(A)(ii) or (iii) of 

the federal Clean Air Act cannot intersect or be smaller than the area of impact of any 

major stationary source or major modification that:

(1) Establishes a minor source baseline date; or

(2) Is subject to this article or 40 CFR 52.21 and would be 

constructed in the same state as the state proposing the redesignation.

c. Any baseline area established originally for the TSP increments 

shall remain in effect and shall apply for purposes of determining the amount of 

available PM10 increments, except that such baseline area shall not remain in effect if 

the board rescinds the corresponding minor source baseline date in accordance with 

subdivision d of the definition of "baseline date."

"Baseline concentration"

a. Means that ambient concentration level that exists in the 

baseline area at the time of the applicable minor source baseline date. A baseline 

concentration is determined for each pollutant for which a minor source baseline date is 

established and shall include:

(1) The actual emissions representative of sources in 

existence on the applicable minor source baseline date, except as provided in 

subdivision b of this definition; and

(2) The allowable emissions of major stationary sources that 

commenced construction before the major source baseline date, but were not in 

operation by the applicable minor source baseline date.

b. The following will not be included in the baseline concentration 

and will affect the applicable maximum allowable increase(s):

(1) Actual emissions from any major stationary source on 

which construction commenced after the major source baseline date; and
COMMONWEALTH OF VIRGINIA PAGE 12 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

(2) Actual emissions increases and decreases at any 

stationary source occurring after the minor source baseline date.

"Baseline date"

a. "Major source baseline date" means:

(1) In the case of particulate matter PM10 and sulfur dioxide, 

January 6, 1975, and

(2) In the case of nitrogen dioxide, February 8, 1988; and

(3) In the case of PM2.5, October 20, 2010.

b. "Minor source baseline date" means the earliest date after the 

trigger date on which a major stationary source or a major modification subject to this 

article submits a complete application under this article. The trigger date is:

(1) In the case of particulate matter PM10 and sulfur dioxide, August 

7, 1977, and

(2) In the case of nitrogen dioxide, February 8, 1988; and

(3) In the case of PM2.5, October 20, 2011.

c. The baseline date is established for each pollutant for which 

increments or other equivalent measures have been established if:

(1) The area in which the proposed source or modification 

would construct is designated as attainment or unclassifiable under § 107(d)(1)(C) § 

107(d)(1)(A)(ii) or (iii) of the federal Clean Air Act for the pollutant on the date of its 

complete application under this article; and

(2) In the case of a major stationary source, the pollutant 

would be emitted in significant amounts, or, in the case of a major modification, there 

would be a significant net emissions increase of the pollutant.

d. Any minor source baseline date established originally for the 

TSP increments shall remain in effect and shall apply for purposes of determining the 

amount of available PM10 increments, except that the board may rescind any such 

minor source baseline date where it can be shown, to the satisfaction of the board, that 

the emissions increase from the major stationary source, or the net emissions increase 

from the major modification, responsible for triggering that date did not result in a 

significant amount of PM10 emissions.
COMMONWEALTH OF VIRGINIA PAGE 13 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

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

construction activities on an emissions unit that 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 that 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 emitted from any proposed major stationary 

source or major modification that the board, on a case-by-case 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 that 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., that have the same first two-digit code) as 

described in the Standard Industrial Classification Manual (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 oxides of nitrogen 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 EPA. The federal 

contribution for a qualifying project shall be at least 20% of the total cost of the 
COMMONWEALTH OF VIRGINIA PAGE 14 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

demonstration project.

"Commence" as applied to construction of a major stationary source or 

major modification, means 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, that 

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" means, in reference to an application for a permit, that the 

application contains all of 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 the purposes of permit processing does not 

preclude the board from requesting or accepting any 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 emissions.

"Continuous emissions monitoring system" or "CEMS" means all of the 

equipment that may be required to meet the data acquisition and availability 

requirements of this article, to sample, condition (if applicable), analyze, and provide a 

record of emissions on a continuous basis.

"Continuous emissions rate monitoring system" or "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" or "CPMS" means all of the 

equipment necessary to meet the data acquisition and availability requirements of this 

article, 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 value(s) 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 MW 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 
COMMONWEALTH OF VIRGINIA PAGE 15 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

capacity of the affected facility.

"Emissions unit" means any part of a stationary source that emits or would 

have the potential to emit any regulated NSR pollutant and includes an electric utility 

steam generating unit. For purposes of this definition, 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 on 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 that 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 equivalent emission limitations established pursuant to § 112 

of the federal Clean Air Act as amended in 1990.
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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 a new source review permit issued under regulations approved by the 

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, quantifiable, and otherwise enforceable as a practical 

matter; and

(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 
COMMONWEALTH OF VIRGINIA PAGE 17 of 64

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that has been approved by the 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 the 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.

"High terrain" means any area having an elevation 900 feet or more above 

the base of the stack of a source.

"Indian governing body" means the governing body of any tribe, band, or 

group of Indians subject to the jurisdiction of the United States and recognized by the 

United States as possessing power of self-government.

"Indian reservation" means any federally recognized reservation 

established by treaty, agreement, executive order, or act of Congress.

"Innovative control technology" means any system of air pollution control 

that has not been adequately demonstrated in practice, but would have substantial 

likelihood of achieving greater continuous emissions reduction than any control system 

in current practice or of achieving at least comparable reductions at lower cost in terms 

of energy, economics, or nonair quality environmental impacts.

"Lowest achievable emission rate" or "LAER" is as defined in 9VAC5-80-

2010 C.

"Locality particularly affected" means any locality that bears any identified 

disproportionate material air quality impact that would not be experienced by other 

localities.

"Low terrain" means any area other than high terrain.

"Major emissions unit" means (i) any emissions unit that emits or has the 
COMMONWEALTH OF VIRGINIA PAGE 18 of 64

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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 potential to emit the PAL pollutant for 

nonattainment areas in an amount that is equal to or greater than the major source 

threshold for the PAL pollutant in subdivision a (1) of the definition of “major stationary 

source” in 9VAC5-80-2010 C.

"Major modification"

a. Means any physical change in or change in the method of 

operation of a major stationary source that would result in a significant emissions 

increase of a regulated NSR pollutant, and a significant net emissions increase of that 

pollutant from the major stationary source.

b. Any significant emissions increase from any emissions units or 

net emissions increase at a major stationary source that is significant for volatile organic 

compounds or NOX 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 plant 

pursuant to the Federal Power Act.

(3) Use of an alternative fuel by reason of any order or rule 

under § 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 

January 6, 1975, unless such change would be prohibited under any federally and state 

enforceable permit condition that was established after January 6, 1975 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 
COMMONWEALTH OF VIRGINIA PAGE 19 of 64

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rate, unless such change is prohibited under any federally and state enforceable permit 

condition that was established after January 6, 1975 pursuant to 40 CFR 52.21 or this 

chapter.

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

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

(9) The installation or operation of a permanent clean coal 

technology demonstration project that constitutes repowering, provided that the project 

does not result in an increase in the potential to emit of any regulated pollutant emitted 

by the unit. This exemption shall apply on a pollutant-by-pollutant basis.

(10) The reactivation of a very clean coal-fired electric utility 

steam generating unit.

d. This definition shall not apply with respect to a particular 

regulated NSR pollutant when the major stationary source is complying with the 

requirements under 9VAC5-80-1865 for a PAL for that pollutant. Instead, the definition 

of "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 of the following stationary sources of air pollutants 

that emits, or has the potential to emit, 100 tons per year or more of any regulated NSR 

pollutant:
COMMONWEALTH OF VIRGINIA PAGE 20 of 64

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(a) Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input.

(b) Coal cleaning plants (with thermal dryers).

(c) Kraft pulp mills.

(d) Portland cement plants.

(e) Primary zinc smelters.

(f) Iron and steel mill plants.

(g) Primary aluminum ore reduction plants.

(h) Primary copper smelters.

(i) Municipal incinerators capable of charging more 

than 250 tons of refuse per day.

(j) Hydrofluoric acid plants.

(k) Sulfuric acid plants.

(l) Nitric acid plants.

(m) Petroleum refineries.

(n) Lime plants.

(o) Phosphate rock processing plants.

(p) Coke oven batteries.

(q) Sulfur recovery plants.

(r) Carbon black plants (furnace process).

(s) Primary lead smelters.

(t) Fuel conversion plants.

(u) Sintering plants.
COMMONWEALTH OF VIRGINIA PAGE 21 of 64

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(v) Secondary metal production plants.

(w) Chemical process plants (which does not include 

ethanol production facilities that produce ethanol by natural fermentation included in 

NAICS codes 325193 or 312140).

(x) Fossil fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat input.

(y) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels.

(z) Taconite ore processing plants.

(aa) Glass fiber processing plants.

(bb) Charcoal production plants.

(2) Notwithstanding the stationary source size specified in 

subdivision a (1) of this definition, any stationary source that emits, or has the potential 

to emit, 250 tons per year or more of a regulated NSR pollutant; or

(3) Any physical change that would occur at a stationary 

source not otherwise qualifying under subdivision a (1) or a (2) 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 or NOX shall be considered major 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.
COMMONWEALTH OF VIRGINIA PAGE 22 of 64

STATE AIR POLLUTION CONTROL BOARD

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(6) Primary aluminum ore reduction plants.

(7) Primary copper smelters.

(8) Municipal incinerators capable of charging more than 250 

tons of refuse per day.

(9) Hydrofluoric, sulfuric, or nitric acid plants.

(10) Petroleum refineries.

(11) Lime plants.

(12) Phosphate rock processing plants.

(13) Coke oven batteries.

(14) Sulfur recovery plants.

(15) Carbon black plants (furnace process).

(16) Primary lead smelters.

(17) Fuel conversion plants.

(18) Sintering plants.

(19) Secondary metal production plants.

(20) Chemical process plants (which does not include 

ethanol production facilities that produce ethanol by natural fermentation included in 

NAICS codes 325193 or 312140).

(21) Fossil-fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat input.

(22) Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels.

(23) Taconite ore processing plants.

(24) Glass fiber processing plants.

(25) Charcoal production plants.
COMMONWEALTH OF VIRGINIA PAGE 23 of 64

STATE AIR POLLUTION CONTROL BOARD

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(26) Fossil fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input.

(27) Any other stationary source category that, as of August 

7, 1980, is being regulated under 40 CFR Parts 60 and 61.

"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 NSR programs 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 9VAC5-80-1605 G; and

(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 between:

(1) The date five years before construction on the particular 

change commences; and

(2) The date that the increase from the particular change 

occurs.

c. An increase or decrease in actual emissions is creditable only if 
COMMONWEALTH OF VIRGINIA PAGE 24 of 64

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(i) 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 (ii) 

the board has not relied on it in issuing a permit for the source under this article (or the 

administrator under 40 CFR 52.21), which permit is in effect when the increase in actual 

emissions from the particular change occurs.

d. An increase or decrease in actual emissions of sulfur dioxide, 

particulate matter, or nitrogen oxides that occurs before the applicable minor source 

baseline date is creditable only if it is required to be considered in calculating the 

amount of maximum allowable increases remaining available.

e. An increase in actual emissions is creditable only to the extent 

that the new level of actual emissions exceeds the old level.

f. 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; and

(3) It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase from the particular change.

g. 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.

h. Subdivision a of the definition of "actual emissions" shall not 

apply for determining creditable increases and decreases.

"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 
COMMONWEALTH OF VIRGINIA PAGE 25 of 64

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8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.

"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 

9VAC5-80-1865.

"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 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" or "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 calculate and record the 

mass emissions rate (for example, pounds per hour) on a continuous basis.
COMMONWEALTH OF VIRGINIA PAGE 26 of 64

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"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 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 major 

stationary source. In determining the projected actual emissions (before beginning 

actual construction), the owner of the major stationary source:

a. Shall 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 implementation plan;

b. Shall include fugitive emissions to the extent quantifiable and 

emissions associated with startups, shutdowns, and malfunctions; and

c. Shall 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.

"Reactivation of a very clean coal-fired electric utility steam generating 

unit" means any physical change or change in the method of operation associated with 

the commencement of commercial operations by a coal-fired utility unit after a period of 

discontinued operation where the unit:

a. Has not been in operation for the two-year period prior to the 

enactment of the federal Clean Air Act Amendments of 1990, and the emissions from 

such unit continue to be carried in the department's emissions inventory at the time of 

enactment;

b. Was equipped prior to shut-down with a continuous system of 
COMMONWEALTH OF VIRGINIA PAGE 27 of 64

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emissions control that achieves a removal efficiency for sulfur dioxide of no less than 

85% and a removal efficiency for particulates of no less than 98%;

c. Is equipped with low-NOX burners prior to the time of 

commencement of operations following reactivation; and

d. Is otherwise in compliance with the requirements of the federal 

Clean Air Act.

"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.

"Regulated NSR pollutant" means:

a. Any pollutant for which an ambient air quality standard has been 

promulgated and any constituents or precursors for such pollutants identified by the 

administrator (e.g., volatile organic compounds and NOX are precursors for ozone);

pollutant identified under this subdivision as a constituent or precursor to such pollutant. 

Precursors identified for the purposes of this article shall be the following:

(1) Volatile organic compounds and nitrogen oxides 

are precursors to ozone in all attainment and unclassifiable areas.

(2) Sulfur dioxide is a precursor to PM2.5 in all 

attainment and unclassifiable areas.

(3) Nitrogen oxides are presumed to be precursors to 

PM2.5 in all attainment and unclassifiable areas, unless the board determines that 

emissions of nitrogen oxides from sources in a specific area are not a significant 

contributor to that area's ambient PM2.5 concentrations.

(4) Volatile organic compounds are presumed not to 

be precursors to PM2.5 in any attainment or unclassifiable area, unless the board

determines that emissions of volatile organic compounds from sources in a specific area 

are a significant contributor to that area's ambient PM2.5 concentrations.

b. Any pollutant that is subject to any standard promulgated under § 

111 of the federal Clean Air Act; .

c. Any class I or II substance subject to a standard promulgated 

under or established by Title VI of the federal Clean Air Act; or .

d. Particulate matter emissions, PM2.5 emissions, and PM10
COMMONWEALTH OF VIRGINIA PAGE 28 of 64

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emissions shall include gaseous emissions from a source or activity which condense to 

form particulate matter at ambient temperatures. On or after January 1, 2011, such 

condensable particulate matter shall be accounted for in applicability determinations 

and in establishing emissions limitations for particulate matter, PM2.5 and PM10 in 

permits issued under this article. Compliance with emissions limitations for particulate 

matter, PM2.5 and PM10 issued prior to this date shall not be based on condensable 

particulate matter unless required by the terms and conditions of the permit. 

Applicability determinations made prior to this date without accounting for condensable 

particulate matter shall not be considered in violation of this article.

f. Any pollutant that otherwise is subject to regulation under the 

federal Clean Air Act; except that any or all hazardous air pollutants either listed in § 

112 of the federal Clean Air Act or added to the list pursuant to § 112(b)(2), which have 

not been delisted pursuant to § 112(b)(3), are not regulated NSR pollutants unless the 

listed hazardous air pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under § 108 of the federal Clean Air Act.

"Repowering" means:

a. Replacement of an existing coal-fired boiler with one of the 

following clean coal technologies: atmospheric or pressurized fluidized bed combustion, 

integrated gasification combined cycle, magnetohydrodynamics, direct and indirect coalfired turbines, integrated gasification fuel cells, or as determined by the administrator, in 

consultation with the Secretary of Energy, a derivative of one or more of these 

technologies, and any other technology capable of controlling multiple combustion 

emissions simultaneously with improved boiler or generation efficiency and with 

significantly greater waste reduction relative to the performance of technology in 

widespread commercial use as of November 15, 1990.

b. Repowering shall also include any oil and/or gas-fired unit which 

has been awarded clean coal technology demonstration funding as of January 1, 1991, 

by the Department of Energy.

c. The board may give expedited consideration to permit 

applications for any source that satisfies the requirements of this definition and is 

granted an extension under § 409 of the federal Clean Air Act.

"Secondary emissions" means emissions that 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 that causes the 

secondary emissions. Secondary emissions include emissions from any offsite support 

facility that 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.
COMMONWEALTH OF VIRGINIA PAGE 29 of 64

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Secondary emissions do not include any emissions that 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:

a. 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:

Pollutant Emissions Rate

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 40 tpy

Sulfur Dioxide 40 tpy

Particulate Matter (TSP) 25 tpy

PM10 15 tpy

PM2.5 10 tpy of direct PM2.5 emissions; 40 tpy 

of SO2 emissions; 40 tpy of NOX

emissions unless demonstrated not to 

be a PM2.5 precursor under the 

definition of "regulated NSR pollutant"

Ozone 40 tpy of volatile organic compounds or 

NOX

Lead 0.6 tpy

Fluorides 3 tpy

Sulfuric Acid Mist 7 tpy

Hydrogen Sulfide (H2S) 10 tpy

Total Reduced Sulfur (including H2S) 10 tpy

Reduced Sulfur Compounds (including 

H2S)

10 tpy

Municipal waste combustor organics 

(measured as total tetra-through octachlorinated dibenzo-p-dioxins and 

dibenzofurans)

3.5 x 10-6 tpy

Municipal waste combustor metals 

(measured as particulate matter)

15 tpy

Municipal waste combustor acid gases 

(measured as the sum of SO2 and HCl)

40 tpy

Municipal solid waste landfills 

emissions (measured as nonmethane 

organic compounds)

50 tpy

b. In reference to a net emissions increase or the potential of a 

source to emit a regulated NSR pollutant that subdivision a of this definition does not 
COMMONWEALTH OF VIRGINIA PAGE 30 of 64

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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

list, any emissions rate.

c. Notwithstanding subdivision a of this definition, means any 

emissions rate or any net emissions increase associated with a major stationary source 

or major modification, that would construct within 10 kilometers of a class I area, and 

have an impact on such area equal to or greater than 1 μg/m3 (24-hour average).

"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 significant 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 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 

that emits or may emit a regulated NSR pollutant.

"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 ambient air quality standards during the project 

and after it is terminated.

9VAC5-80-1635. Ambient air increments.
COMMONWEALTH OF VIRGINIA PAGE 31 of 64

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In areas designated as class I, II or III, increases in pollutant concentration over 

the baseline concentration shall be limited to the following:

MAXIMUM ALLOWABLE INCREASE

(micrograms per cubic meter)

Class I

Particulate matter:

Area

PM10, annual arithmetic mean 4

PM10, 24 hour maximum 8

PM2.5:

Annual arithmetic mean 1

24 hour maximum 2

PM10:

Annual arithmetic mean 4

24 hour maximum 8

Sulfur dioxide:

Annual arithmetic mean 2

24 hour maximum 5

Three-hour maximum 25

Nitrogen dioxide:

Annual arithmetic mean 2.5

Class II

Particulate matter:

Area

PM10, annual arithmetic mean 17

PM10, 24 hour maximum 30

PM2.5:

Annual arithmetic mean 4

24 hour maximum 9

PM10:

Annual arithmetic mean 17

24 hour maximum

Sulfur dioxide:

30

Annual arithmetic mean 20

24 hour maximum 91

Three-hour maximum 512

Nitrogen dioxide:

Annual arithmetic mean 25

Class III

Particulate matter:

Area

PM10, annual geometric mean 34

PM10, 24 hour maximum 60

PM2.5:
COMMONWEALTH OF VIRGINIA PAGE 32 of 64

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Annual arithmetic mean 8

24 hour maximum 18

PM10:

Annual arithmetic mean 34

24 hour maximum

Sulfur dioxide:

60

Annual arithmetic mean 40

24 hour maximum 182

Three-hour maximum 700

Nitrogen dioxide:

Annual arithmetic mean 50

For any period other than an annual period, the applicable maximum allowable increase 

may be exceeded during one such period per year at any one location.

9VAC5-80-1695. Exemptions.

A. The requirements of this article shall not apply to a particular major stationary 

source or major modification; if:

1. The source or modification 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 stationary source or modification and the source 

does not belong to any of the following categories:

a. Coal cleaning plants (with thermal dryers).

b. Kraft pulp mills.

c. Portland cement plants.

d. Primary zinc smelters.

e. Iron and steel mills.

f. Primary aluminum ore reduction plants.

g. Primary copper smelters.

h. Municipal incinerators capable of charging more than 250 tons of 

refuse per day.

i. Hydrofluoric acid plants.

j. Sulfuric acid plants.
COMMONWEALTH OF VIRGINIA PAGE 33 of 64

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k. Nitric acid plants.

l. Petroleum refineries.

m. Lime plants.

n. Phosphate rock processing plants.

o. Coke oven batteries.

p. Sulfur recovery plants.

q. Carbon black plants (furnace process).

r. Primary lead smelters.

s. Fuel conversion plants.

t. Sintering plants.

u. Secondary metal production plants.

v. Chemical process plants (which does not include ethanol 

production facilities that produce ethanol by natural fermentation included in NAICS 

codes 325193 or 312140).

w. Fossil-fuel boilers (or combination of them) totaling more than 

250 million British thermal units per hour heat input.

x. Petroleum storage and transfer units with a total storage capacity 

exceeding 300,000 barrels.

y. Taconite ore processing plants.

z. Glass fiber processing plants.

aa. Charcoal production plants.

bb. Fossil fuel-fired steam electric plants of more than 250 million 

British thermal units per hour heat input.

cc. Any other stationary source category which, as of August 7, 

1980, is being regulated under 40 CFR Part 60 or 61; or
COMMONWEALTH OF VIRGINIA PAGE 34 of 64

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2. The source or modification is a portable stationary source that has 

previously received a permit under this article, and

a. The owner proposes to relocate the source and emissions of the 

source at the new location would be temporary; and

b. The emissions from the source would not exceed its allowable 

emissions;

c. The emissions from the source would affect no class I area and 

no area where an applicable increment is known to be violated; and

d. Reasonable notice is given to the board prior to the relocation 

identifying the proposed new location and the probable duration of operation at the new 

location. Such notice shall be given to the board not less than 10 days in advance of the 

proposed relocation unless a different time duration is previously approved by the 

board.

B. The requirements of this article shall not apply to a major stationary source or 

major modification with respect to a particular pollutant if the owner demonstrates that, 

as to that pollutant, the source or modification is located in an area designated as 

nonattainment in 9VAC5-20-204.

C. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and 9VAC5-80-1755 

shall not apply to a major stationary source or major modification with respect to a 

particular pollutant, if the allowable emissions of that pollutant from the source, or the 

net emissions increase of that pollutant from the modification:

1. Would affect no class I area and no area where an applicable increment 

is known to be violated, and

2. Would be temporary.

D. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and 9VAC5-80-1755 

as they relate to any maximum allowable increase for a class II area shall not apply to a 

major modification at a stationary source that was in existence on March 1, 1978, if the 

net increase in allowable emissions of each regulated NSR pollutant from the 

modification after the application of best available control technology would be less than 

50 tons per year.

E. The board may exempt a proposed major stationary source or major 

modification from the requirements of 9VAC5-80-1735 with respect to monitoring for a 

particular pollutant if:

1. The emissions increase of the pollutant from the new source or the net 
COMMONWEALTH OF VIRGINIA PAGE 35 of 64

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emissions increase of the pollutant from the modification would cause, in any area, air 

quality impacts less than the following amounts:

Carbon monoxide - 575 μg/m3, 8-hour average

Nitrogen dioxide - 14 μg/m3, annual average

Particulate matter - 10 μg/m3 of PM10, 24-hour average

PM2.5 - 4 μg/m3, 24-hour average

PM10 - 10 μg/m3, 24-hour average

Sulfur dioxide - 13 μg/m3, 24-hour average

Ozone*

Lead - 0.1 μg/m3

, 3-month average

Fluorides - 0.25 μg/m3

, 24-hour average

Total reduced sulfur - 10 μg/m3

, 1-hour average

Hydrogen sulfide - 0.2 μg/m3

, 1-hour average

Reduced sulfur compounds - 10 μg/m3, 1-hour average; or

*No de minimis air quality level is provided for ozone. However, any net increase of 100 

tons per year or more of volatile organic compounds or NOX subject to this article would 

be required to perform an ambient impact analysis including the gathering of ambient air 

quality data.

2. The concentrations of the pollutant in the area that the source or 

modification would affect are less than the concentrations listed in subdivision 1 of this 

subsection, or the pollutant is not listed in subdivision 1 of this subsection.

F. 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 
COMMONWEALTH OF VIRGINIA PAGE 36 of 64

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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.

9VAC5-80-1715. Source impact analysis.

A. The following demonstration is required for any new major stationary source or 

major modification:

1. The owner of the proposed source or modification shall demonstrate 

that allowable emission increases from the proposed source or modification, in 

conjunction with all other applicable emissions increases or reductions (including 

secondary emissions), would not cause or contribute to air pollution in violation of:

1 a. Any ambient air quality standard in any air quality control 

region; or

2 b. Any applicable maximum allowable increase over the baseline 

concentration in any area.

B. 2. For purposes of PM2.5, the demonstration required in subdivision 

1 of this subsection is deemed to have been made if the emissions increase from the 

new stationary source alone or from the modification alone would cause, in all areas, air 

quality impacts less than the following amounts:

Averaging time Class I area Class II area Class III area

Annual 0.06 μg/m3 0.3 μg/m3 0.3 μg/m3

24-hour 0.07 μg/m3 1.2 μg/m3 1.2 μg/m3

B. The following applies to any new major stationary source or major modification 

if it would cause or contribute to a violation of any ambient air quality standard.

1. A new major stationary source or major modification will be considered 

to cause or contribute to a violation of an ambient air quality standard when such source 

or modification would, at a minimum, exceed the following significance levels at any 

locality that does not or would not meet the applicable air quality standard:

Pollutant Annual

Averaging time (hours)

24 8 3 1

 SO2 1.0 μg/m3 5.0 μg/m3 25.0 μg/m3

 PM10 1.0 μg/m3 5.0 μg/m3

 PM2.5 0.3 μg/m3 1.2 μg/m3
COMMONWEALTH OF VIRGINIA PAGE 37 of 64

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 NO2 1.0 μg/m3

 CO 500 μg/m3 2000 μg/m3

2. A proposed new major stationary source or major modification may 

reduce the impact of its emissions upon air quality by obtaining sufficient emission 

reductions to, at a minimum, compensate for its adverse ambient impact where the new 

major stationary source or major modification would otherwise cause or contribute to a 

violation of any ambient air quality standard. In the absence of such emission 

reductions, the board will deny the proposed construction.

3. The requirements of this subsection do not apply to a major stationary 

source or major modification with respect to a particular pollutant if the owner 

demonstrates that, as to that pollutant, the source or modification is located in an area 

designated as nonattainment in 9VAC5-20-204.

9VAC5-80-1765. Sources affecting federal class I areas - additional requirements.

A. The board shall transmit to the administrator a copy of each permit application 

relating to a major stationary source or major modification and provide notice to the 

administrator of the following actions related to the consideration of such permit:

1. Notification of the permit application status as provided in 9VAC5-80-

1773 A.

2. Notification of the public comment period on the application as provided 

in 9VAC5-80-1775 F 2.

3. Notification of the final determination on the application and issuance of 

the permit as provided in 9VAC5-80-1773 D.

4. Notification of any other action deemed appropriate by the board.

B. The board shall provide written notice of any permit application for a proposed 

major stationary source or major modification, the emissions from which may affect a 

class I area, to the federal land manager and the federal official charged with direct 

responsibility for management of any lands within any such area. Such notification shall 

include a copy of all information relevant to the permit application and shall be given 

within 30 days of receipt and at least 60 days prior to any public hearing on the 

application for a permit to construct. Such notification shall include an analysis of the 

proposed source's anticipated impacts on visibility in the federal class I area. The board 

shall also provide the federal land manager and such federal officials with a copy of the 

preliminary determination required under 9VAC5-80-1773 B, and shall make available 

to them any materials used in making that determination, promptly after the board 

makes such determination. Finally, the board shall also notify all affected federal land 

managers within 30 days of receipt of any advance notification of any such permit 
COMMONWEALTH OF VIRGINIA PAGE 38 of 64

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application.

C. The federal land manager and the federal official charged with direct 

responsibility for management of such lands have an affirmative responsibility to protect 

the air quality related values (including visibility) of such lands and to consider, in 

consultation with the board, whether a proposed source or modification will have an 

adverse impact on such values.

D. The board shall consider any analysis performed by the federal land manager, 

provided within 30 days of the notification required by subsection B of this section, that 

shows that a proposed new major stationary source or major modification may have an 

adverse impact on visibility in any federal class I area. Where the board finds that such 

an analysis does not demonstrate to the satisfaction of the board that an adverse 

impact on visibility will result in the federal class I area, the board shall, in the notice of 

public hearing on the permit application, either explain this decision or give notice as to 

where the explanation can be obtained.

E. The federal land manager of any such lands may demonstrate to the board 

that the emissions from a proposed source or modification would have an adverse 

impact on the air quality-related values (including visibility) of those lands, 

notwithstanding that the change in air quality resulting from emissions from such source 

or modification would not cause or contribute to concentrations that would exceed the 

maximum allowable increases for a class I area. If the board concurs with such 

demonstration, then it shall not issue the permit.

F. The owner of a proposed source or modification may demonstrate to the 

federal land manager that the emissions from such source or modification would have 

no adverse impact on the air quality related values of any such lands (including 

visibility), notwithstanding that the change in air quality resulting from emissions from 

such source or modification would cause or contribute to concentrations that would 

exceed the maximum allowable increases for a class I area. If the federal land manager 

concurs with such demonstration and so certifies, the board may, provided that the 

applicable requirements of this article are otherwise met, issue the permit with such 

emission limitations as may be necessary to assure that emissions of sulfur dioxide, 

particulate matter PM2.5, PM10, and nitrogen oxides would not exceed the following 

maximum allowable increases over minor source baseline concentration for such 

pollutants:

MAXIMUM ALLOWABLE INCREASE

(micrograms per cubic meter)

Particulate matter:

PM10, annual geometric mean 17

PM10, 24 hour maximum 30

PM2.5:
COMMONWEALTH OF VIRGINIA PAGE 39 of 64

STATE AIR POLLUTION CONTROL BOARD

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Annual arithmetic mean 4

24 hour maximum 9

PM10:

Annual arithmetic mean 17

24 hour maximum

Sulfur dioxide:

30

Annual arithmetic mean 20

24 hour maximum 91

Three-hour maximum 325

Nitrogen dioxide:

Annual arithmetic mean 25

G. The owner of a proposed source or modification that cannot be approved 

under subsection F of this section may demonstrate to the governor that the source or 

modification cannot be constructed by reason of any maximum allowable increase for 

sulfur dioxide for a period of 24 hours or less applicable to any class I area and, in the 

case of federal mandatory class I areas, that a variance under this clause would not 

adversely affect the air quality related values of the area (including visibility). The 

governor, after consideration of the federal land manager's recommendation (if any) and 

subject to the federal land manager's concurrence, may, after notice and public hearing, 

grant a variance from such maximum allowable increase. If such variance is granted, 

the board shall issue a permit to such source or modification pursuant to the 

requirements of subsection I of this section, provided that the applicable requirements of 

this article are otherwise met.

H. In any case whether the governor recommends a variance in which the federal 

land manager does not concur, the recommendations of the governor and the federal 

land manager shall be transmitted to the president. The president may approve the 

governor's recommendation if he finds that the variance is in the national interest. If the 

variance is approved, the board shall issue a permit pursuant to the requirements of 

subsection I of this section, provided that the applicable requirements of this article are 

otherwise met.

I. In the case of a permit issued pursuant to subsection G or H of this section the 

source or modification shall comply with such emission limitations as may be necessary 

to assure that emissions of sulfur dioxide from the source or modification would not 

(during any day on which the otherwise applicable maximum allowable increases are 

exceeded) cause or contribute to concentrations that would exceed the following 

maximum allowable increases over the baseline concentration and to assure that such 

emissions would not cause or contribute to concentrations which exceed the otherwise 

applicable maximum allowable increases for periods of exposure of 24 hours or less for 

more than 18 days, not necessarily consecutive, during any annual period:

MAXIMUM ALLOWABLE INCREASE

(micrograms per cubic meter)
COMMONWEALTH OF VIRGINIA PAGE 40 of 64

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Period of exposure Low terrain areas High terrain areas

24-hour maximum 36 62

3-hour maximum 130 221

ARTICLE 9.

Permits for Major Stationary Sources and Major Modifications

Locating in Nonattainment Areas or the Ozone Transport Region.

(replaces 9VAC5-80-30)

9VAC5-80-2010. Definitions.

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

meaning 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 meaning 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.
COMMONWEALTH OF VIRGINIA PAGE 41 of 64

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"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.

"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 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.
COMMONWEALTH OF VIRGINIA PAGE 42 of 64

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e. Any limitations and conditions or other requirement in a Virginia 

regulation or program that has been approved by EPA under subpart E of 40 CFR Part 

63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.

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 5-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 
COMMONWEALTH OF VIRGINIA PAGE 43 of 64

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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) 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 5-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 5-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 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.
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(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 emitted from any proposed major stationary 

source or major modification that the board, on a case-by-case 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, 
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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 which 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" (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 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.
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"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 article, 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 article, 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 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:
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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 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 
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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, 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 (9VA 5-80-310 

et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of this 
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part.

"Fugitive emissions" means those emissions that could not reasonably 

pass through a stack, chimney, vent, or other functionally equivalent opening.

"Lowest achievable emission 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 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 
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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.

(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.
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"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, or 

(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, or (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 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.
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(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.

(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.
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(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

(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.
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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 emission 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 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 
COMMONWEALTH OF VIRGINIA PAGE 55 of 64

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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.

"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.
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"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 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 
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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 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 identified under this subdivision as a 

constituent or precursor of a general pollutant listed under subdivisions a and or b of 

this definition, provided that a such constituent or precursor pollutant may only be 

regulated under NSR this article as part of regulation of the general pollutant.

Precursors identified for purposes of this article shall be the following:

(1) Volatile organic compounds and nitrogen oxides are 
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precursors to ozone in all ozone nonattainment areas.

(2) Sulfur dioxide is a precursor to PM2.5 in all PM2.5

nonattainment areas.

(3) Nitrogen oxides are presumed to be precursors to PM2.5

in all PM2.5 nonattainment areas, unless the board determines that emissions of 

nitrogen oxides from sources in a specific area are not a significant contributor to that 

area's ambient PM2.5 concentrations.

(4) Volatile organic compounds and ammonia are presumed 

not to be precursors to PM2.5 in any PM2.5 nonattainment area, unless the board 

determines that emissions of volatile organic compounds or ammonia from sources in a 

specific area are a significant contributor to that area's ambient PM2.5 concentrations.

d. PM2.5 emissions and PM10 emissions shall include gaseous 

emissions from a source or activity which condense to form particulate matter at 

ambient temperatures. On or after January 1, 2011, such condensable particulate 

matter shall be accounted for in applicability determinations and in establishing 

emissions limitations for PM2.5 and PM10 in permits issued under this article. 

Compliance with emissions limitations for PM2.5 and PM10 issued prior to this date shall 

not be based on condensable particulate matter unless required by the terms and 

conditions of the permit. Applicability determinations made prior to this date without 

accounting for condensable particulate matter shall not be considered in violation of this 

article.

"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.
COMMONWEALTH OF VIRGINIA PAGE 59 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

POLLUTANT EMISSIONS RATE

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 25 tpy

Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

PM10 15 tpy

PM2.5 10 tpy of direct PM2.5 emissions; 40 tpy 

of sulfur dioxide emissions; 40 tpy of 

nitrogen oxide emissions unless 

demonstrated not to be a PM2.5

precursor under the definition of 

"regulated NSR pollutant"

Ozone 25 tpy of volatile organic compounds

Lead 0.6 py tpy

b. Other nonattainment areas.

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 of direct PM2.5 emissions; 40 tpy 

of sulfur dioxide emissions; 40 tpy of 

nitrogen oxide emissions unless 

demonstrated not to be a PM2.5

precursor under the definition of 

"regulated NSR pollutant"

Ozone 40 tpy of volatile organic compounds

Lead 0.6 tpy

"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.
COMMONWEALTH OF VIRGINIA PAGE 60 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

"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 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 state-enforceable 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.

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.
COMMONWEALTH OF VIRGINIA PAGE 61 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

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 be at least the following:

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.

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. The ratio 

of total actual emissions reductions of the nonattainment pollutant to the emissions 

increase shall be at least 1 to one unless an alternative ratio is provided above for the 

applicable nonattainment area designated in 9VAC5-20-204.

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 
COMMONWEALTH OF VIRGINIA PAGE 62 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

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 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 the 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 only if it occurred on or after January 

1, 1991.
COMMONWEALTH OF VIRGINIA PAGE 63 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

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 51 shall be followed to the extent that they do not 

conflict with this section. The provisions of Appendix S to 40 CFR Parts 51 apply only to 

the extent that they are incorporated by reference in 9VAC5-20-21.

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.

M. In meeting the emissions offset requirements of this section, the emissions 

offsets obtained shall be for the same regulated NSR pollutant unless interprecursor 

offsetting is permitted for a particular pollutant as specified in this subsection. The offset 

requirements in this section for direct PM2.5 emissions or emissions of precursors of 

PM2.5 may be satisfied by offsetting reductions in direct PM2.5 emissions or emissions of 

any PM2.5 precursor identified under subdivision c of the definition of "regulated NSR 

pollutant" if such offsets comply with the interprecursor trading hierarchy and ratio 

established in accordance with subsections N through P of this section for a particular 

nonattainment area.

N. The board may allow the offset requirement in subsection M of this section for 

direct PM2.5 emissions or precursors of PM2.5 to be satisfied by offsetting reductions in 

direct PM2.5 emissions or emissions of any PM2.5 precursor using a ratio approved by 

the board for the nonattainment area after public review and comment as provided in 

subsections O and P of this section. Prior to making a final determination on the 

interpollutant trading ratios for a nonattainment area, the board shall submit the 

interpollutant trading ratios and supporting information to the EPA Regional Office for 

approval.

O. Prior to the decision of the board, the offsetting ratio will be subject to a public 

comment period of at least 30 days. The board will notify the public, by notice on the 

department web page "Public Notices for Air Regulations," of the opportunity for public 

comment on the offsetting ratio and supporting information as available for public 

inspection under the provisions of subsection P of this section. The notification shall be 

published at least 30 days prior to the close of the public comment period.
COMMONWEALTH OF VIRGINIA PAGE 64 of 64

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10 AND 80)

P. Information on the offsetting ratio and supporting information, as well as the 

preliminary determination of the board, shall be available for public inspection during the 

entire public comment period on the department web page "Public Notices for Air 

Regulations."

TEMPLATES\NOIRA\REG-PRO

REG\DEV\A11-REG-FIN.DOC
ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the 

following information regarding public participation activities and compliance with state 

administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity 

to submit written comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan was held from July 18 to August 17, 2011.

As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was given notice of 

the public comment period in the Virginia Register, along with the location of the 

proposal for public inspection, on July 18, 2011. The notice included procedures to 

afford the public the opportunity to request that a hearing be held pursuant to 40 CFR 

51.102(a); no such request was received. The attached copy of the notice provides the 

evidence required by Section 2.1(f) of Appendix V of 40 CFR Part 51. 

The Regional Administrator for the U.S. Environmental Protection Agency was notified 

of the public comment period, as was each local air pollution control agency which will

be significantly affected by the revision and is located in the affected Air Quality Control 

Regions. In addition, the District of Columbia, Maryland and Tennessee, which share 

affected interstate Air Quality Control Regions with Virginia, were notified of the public 

comment period. These notifications follow the requirements of 40 CFR Part 

51.102(d)(3), (4) and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation 

amendments were published in the Virginia Register on July 18, 2011 after being duly 

adopted by the State Air Pollution Control Board on June 10, 2011, certified by the 

Office of the Attorney General as within the board’s statutory authority on June 16, 

2011, and thus fully enforceable under Virginia law, and submitted to the Virginia 

Registrar on behalf of the board by the Department of Environmental Quality as a true 

and accurate copy of the duly adopted regulation on June 28, 2011, providing the 

evidence required by Section 2.1(b) and (e) of Appendix V of 40 CFR Part 51. As 

required by Section 2.1(d) of Appendix V of 40 CFR Part 51, a copy of the actual 

regulation submitted for approval and incorporation by reference into the 

Commonwealth of Virginia State Implementation Plan is attached, along with the 

effective date of August 17, 2011.

TEMPLATES\SIP-REG\REG02-PH

SIP\MAJOR NSR\A11-SIP-2.DOC
GENERAL NOTICES/ERRATA 

GENERAL NOTICES/ERRATA 

AIR POLLUTION CONTROL BOARD 

Public Comment Period - State Implementation Plan 

Revision - Air Quality Plan, Permits for Major 

Stationary Sources 

Notice of action: The Department of Environmental Quality 

(DEQ) is announcing an opportunity for public comment on a 

proposed revision to the Commonwealth of Virginia State 

Implementation Plan (SIP). The SIP is a plan developed by 

the Commonwealth in order to fulfill its responsibilities under 

the federal Clean Air Act to attain and maintain the ambient 

air quality standards promulgated by the U.S. Environmental 

Protection Agency (EPA) under the Act. The Commonwealth 

intends to submit the regulation to EPA as a revision to the 

SIP in accordance with the requirements of § 110(a) of the 

federal Clean Air Act. 

Regulations affected: The regulations of the board affected by 

this action are as follows: 9VAC5-10-30 of 9VAC5-10 

(General Definitions); and Permits for Major Stationary 

Sources and Major Modifications Locating in Prevention of 

Significant Deterioration Areas (Article 8) and Permits for 

Major Stationary Sources and Major Modifications Locating 

in Nonattainment Areas or the Ozone Transport Region 

(Article 9) of 9VAC5-80 (Permits for Stationary Sources). 

Purpose of notice: DEQ is seeking comment on the issue of 

whether the regulation amendments should be submitted as a 

revision to the SIP. 

Public comment period: July 18, 2011, to August 17, 2011. 

Public hearing: A public hearing may be conducted if a 

request is made in writing to the contact listed below. In order 

to be considered, the request must include the full name, 

address, and telephone number of the person requesting the 

hearing and be received by DEQ by the last day of the 

comment period. Notice of the date, time, and location of any 

requested public hearing will be announced in a separate 

notice, and another 30-day comment period will be 

conducted. 

Public comment stage: The regulation amendments are 

exempt from the state administrative procedures for adoption 

of regulations contained in Article 2 of the Administrative 

Process Act by the provisions of § 2.2-4006 A 4 c of the 

Administrative Process Act because they are necessary to 

meet the requirements of the federal Clean Air Act and do not 

differ materially from the pertinent EPA regulations. Since 

the amendments are exempt from administrative procedures 

for the adoption of regulations, DEQ is accepting comment 

only on the issue cited above under "purpose of notice" and 

not on the content of the regulation amendments. 

Description of proposal: In essence, the proposed revision 

will consist of amendments to existing regulation provisions 

concerning permits for major stationary sources. The major 

provisions of the proposal are summarized as follows: On 

May 16, 2008 (73 FR 28321), EPA promulgated a final rule 

revising the new source review (NSR) permitting program for 

prevention of significant deterioration (PSD) and 

nonattainment areas. The new rule includes the major source 

threshold, significant emissions rate, and offset ratios for 

particulate matter less than 2.5 micrometers (PM2.5), 

interpollutant trading for offsets, and applicability of NSR to 

PM2.5 precursors. On October 20, 2010 (75 FR 64864), EPA 

promulgated a final rule revising the federal NSR permitting 

program for PSD. The new rule amends the requirements for 

PM2.5 under the PSD program by adding maximum allowable 

increases in ambient pollutant concentrations (increments) 

and two screening tools, known as the significant impact 

levels (SILs) and a significant monitoring concentration 

(SMC) for PM2.5. In Virginia, where the state is administering 

the NSR program under an approved SIP, the state may adopt 

and submit revisions to the SIP to reflect the rule revisions. 

The revised SIP should be the same as or equivalent to the 

revised federal program. 

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations 

(40 CFR 51.102) and not any provision of state law. Except 

as noted below, the proposal will be submitted as a revision to 

the Commonwealth of Virginia SIP under § 110(a) of the 

federal Clean Air Act in accordance with 40 CFR 51.104. It is 

planned to submit all provisions of the proposal as a revision 

to the Commonwealth of Virginia SIP. 

How to comment: DEQ accepts written comments by email, 

fax, and postal mail. In order to be considered, comments 

must include the full name, address, and telephone number of 

the person commenting and be received by DEQ by the last 

day of the comment period. Commenters submitting faxes are 

encouraged to provide the signed original by postal mail 

within one week. All testimony, exhibits and documents 

received are part of the public record. 

To review regulation documents: The proposal and any 

supporting documents are available on the DEQ Air Public 

Notices for Plans website 

(http://www.deq.state.va.us/air/permitting/planotes.html). The 

documents may also be obtained by contacting the DEQ 

representative named below. The public may review the 

documents between 8:30 a.m. and 4:30 p.m. of each business 

day until the close of the public comment period at the 

following DEQ locations: 

1) Main Street Office, 629 East Main Street, 8th Floor, 

Richmond, VA, telephone (804) 698-4070, 

2) Southwest Regional Office, 355 Deadmore Street, 

Abingdon, VA, telephone (540) 676-4800, 

3) Blue Ridge Regional Office, Roanoke Location, 3019 

Peters Creek Road, Roanoke, VA, telephone (540) 562-

6700, 

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011 

2573 
General Notices/Errata 

4) Blue Ridge Regional Office, Lynchburg Location, 7705 

Timberlake Road, Lynchburg, VA, telephone (804) 582-

5120, 

5) Valley Regional Office, 4411 Early Road, Harrisonburg, 

VA, telephone (540) 574-7800, 

6) Piedmont Regional Office, 4949-A Cox Road, Glen 

Allen, VA, telephone (804) 527-5020, 

7) Northern Regional Office, 13901 Crown Court, 

Woodbridge, VA, telephone (703) 583-3800, and 

8) Tidewater Regional Office, 5636 Southern Blvd., 

Virginia Beach, VA, telephone (757) 518-2000. 

Contact Information: Karen G. Sabasteanski, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 

698-4510, or email karen.sabasteanski@deq.virginia.gov. 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Proposed Consent Order for Fluvanna County 

School Board 

An enforcement action has been proposed for the Fluvanna 

County School Board for violations in Fluvanna County. A 

proposed consent order describes a settlement to resolve 

effluent limitation violations from the Fluvanna County High 

School sewage treatment plant. A description of the proposed 

action is available at the DEQ office named below or online 

at www.deq.virginia.gov. Steven W. Hetrick will accept 

comments by email steven.hetrick@deq.virginia.gov, FAX 

(540) 574-7878, or postal mail Department of Environmental 

Quality, Valley Regional Office, P.O. Box 3000, 4411 Early 

Road, Harrisonburg, VA 22801, from July 18, 2011, to 

August 17, 2011. 

Proposed Consent Order for Route 240, LLC 

An enforcement action has been proposed for the Route 240, 

LLC for violations in Albemarle County. A proposed consent 

order describes a settlement to resolve an unpermitted 

discharge violation from the Starr Hill Brewery building. A 

description of the proposed action is available at the DEQ 

office named below or online at www.deq.virginia.gov. 

Steven W. Hetrick will accept comments by email 

steven.hetrick@deq.virginia.gov, FAX (540) 574-7878, or 

postal mail Department of Environmental Quality, Valley 

Regional Office, P.O. Box 3000, 4411 Early Road, 

Harrisonburg, VA 22801, from July 18, 2011, to August 17, 

2011. 

Notice of Periodic Review of the Wetlands Policy 

The Department of Environmental Quality will conduct a 

periodic review of the Wetlands Policy, 9VAC25-380-10 et 

seq. The purpose of the review is to determine whether the 

regulations should be terminated, amended, or retained in 

their current form. The review of the regulations will be 

guided by the principles listed in Executive Order Number 

Fourteen (2010) and § 2.2-4007.1 of the Code of Virginia. 

The department and the board are seeking public comments 

on the review of any issue relating to the regulations, 

including whether (i) the regulations are effective in 

achieving their goals; (ii) the regulations are essential to 

protect the health, safety, or welfare of citizens or for the 

economical performance of important governmental 

functions; (iii) there are available alternatives for achieving 

the purpose of the regulations; (iv) there are less burdensome 

and less intrusive alternatives for achieving the purpose of the 

regulations; and (v) the regulations are clearly written and 

easily understandable by the affected persons. In addition, the 

department and the board are seeking public comments on 

ways to minimize the economic impact on small businesses in 

a manner consistent with the purpose of the regulations. The 

purpose of the regulations is to protect public health and/or 

welfare with the least possible costs and intrusiveness to the 

citizens and businesses of the Commonwealth and to establish 

a policy to preserve wetland ecosystems and protect them 

from destruction. Section 62.1-44.15 of the Code of Virginia 

provides the board with the authority to promulgate the 

regulations. These regulations are designed to provide the 

necessary procedures and rules by which the statute may be 

administered. To view the full text of the regulation, go to: 

http://leg1.state.va.us/000/reg/TOC09025.HTM.HTM#C0380. 

Comments on the above regulations are welcome and will be 

accepted until August 8, 2011. Comments should be sent to 

David L. Davis, Director, Office of Wetlands & Water 

Protection, at P.O. Box 1105, Richmond, VA 23218 

(deliveries can be made to 629 East Main Street, 9th Floor, 

Richmond, VA 23219), telephone (804) 698-4105, FAX 

(804) 698-4032, or email dave.davis@deq.virginia.gov. 

Please include your full name and mailing address when 

providing public comment. 

Water Quality Restoration Study (TMDL) for the 

Chickahominy River and Tributaries Impaired for 

Bacteria 

Public meeting: Mechanicsville Branch Library, 7461 

Sherwood Crossing Place, Mechanicsville, Virginia 23111. 

Public meetings will be held on Wednesday, August 3, 2011, 

at 2 p.m. and 6 p.m. Both meetings are open to the public. 

Purpose of notice: The Virginia Department of Environmental 

Quality and study consultant, MapTech Inc, are presenting 

preliminary data for the initiation of a total maximum daily 

load (TMDL) study to restore water quality at two public 

meetings, an opportunity for the public to share their 

knowledge of the watershed, and a public comment period 

following the meetings. 

Meeting description: Public meetings on a study to restore 

water quality along the Chickahominy River and tributaries in 

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011 

2574 
Regulations 

6. After using the preceding criteria to modify the name to 

be searched, the search will reveal names of debtors that 

are contained in unlapsed or all initial financing statements 

in an alphabetical list. 

E. Reports created in response to a search request shall 

include the following: 

1. The date and time the report was generated. 

2. Identification of the name searched. 

3. The through date as of the date and time the report was 

generated.

4. For an organization, the name as it appears after 

application of the standardized search logic.

5. Identification of each unlapsed initial financing 

statement or all initial financing statements filed on or 

prior to the report date and time corresponding to the 

search criteria, by name of debtor, by identification file

number, and by file date and file time. 

4. 6. For each initial financing statement on the report, a 

listing of all related UCC records filed by the filing officer 

on or prior to the report date. 

5. 7. Copies of all UCC records revealed by the search and 

requested by the requestor. 

F. The filing office may provide access to the searchable 

index via the Internet that produces search results beyond 

exact name matches. Search results obtained via the Internet 

shall not constitute an official search and will not be certified 

by the filing office. 

VA.R. Doc. No. R11-2808; Filed June 22, 2011, 2:17 p.m. 

 –––––––––––––––––– 

TITLE 8. EDUCATION 

STATE BOARD OF EDUCATION 

Withdrawal of Proposed Regulation 

The State Board of Education has WITHDRAWN the 

proposed regulation for 8VAC20-340, Regulations for Driver 

Education, which was published as VR 270-01-0033, 

Regulations Governing Driver Education, in 6:4 VA.R. 471-

472 November 20, 1989. 

Agency Contact: Margaret Roberts, Department of Education, 

P.O. Box 2120, Richmond, VA 23218, telephone (804) 225-

2540, FAX (804) 225-2524, or email 

margaret.roberts@doe.virginia.gov. 

VA.R. Doc. No. R11-2898; Filed June 8, 2011, 3:27 p.m. 

 –––––––––––––––––– 

TITLE 9. ENVIRONMENT 

STATE AIR POLLUTION CONTROL BOARD 

Final Regulation 

REGISTRAR'S NOTICE: The following regulatory action is 

exempt from the Administrative Process Act in accordance 

with § 2.2-4006 A 4 c of the Code of Virginia, which 

excludes regulations that are necessary to meet the 

requirements of federal law or regulations provided such 

regulations do not differ materially from those required by 

federal law or regulation. The Air Pollution Control Board 

will receive, consider, and respond to petitions by any 

interested person at any time with respect to reconsideration 

or revision. 

Titles of Regulations: 9VAC5-10. General Definitions 

(amending 9VAC5-10-30) (Rev. A-11). 

9VAC5-80. Permits for Stationary Sources (amending 

9VAC5-80-1615, 9VAC5-80-1635, 9VAC5-80-1695, 

9VAC5-80-1715, 9VAC5-80-1765, 9VAC5-80-2010, 

9VAC5-80-2120) (Rev. A-11).

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. 

Effective Date: August 17, 2011. 

Agency Contact: Karen G. Sabasteanski, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 

698-4510, or email karen.sabasteanski@deq.virginia.gov. 

Summary:

Articles 8 and 9 of 9VAC5-80 (Permits for Stationary 

Sources) apply to the construction or reconstruction of 

new major stationary sources or major modifications to 

existing ones in prevention of significant deterioration 

(PSD) areas and in nonattainment areas. This major new 

source review (NSR) permitting program requires that the 

owner obtain a permit prior to the construction or 

modification of a major source. The owner of the proposed 

new or modified source must provide information as may 

be needed to enable a preconstruction review in order to 

determine compliance with applicable control technology 

and other standards, and to assess the impact of the 

emissions from the facility on air quality. The regulations 

also provide the basis for final action on the permit 

depending on the results of the preconstruction review.

On May 16, 2008 (73 FR 28321), the U.S. Environmental 

Protection Agency (EPA) promulgated a final rule revising 

the NSR permitting program for PSD and nonattainment 

areas. The new rule includes the major source threshold, 

significant emissions rate, and offset ratios for particulate 

matter less than 2.5 micrometers (PM2.5), interpollutant 

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trading for offsets, and applicability of NSR to PM2.5

precursors. On October 20, 2010 (75 FR 64864), EPA 

promulgated a final rule revising the federal NSR 

permitting program for PSD. The new rule amends the 

requirements for PM2.5 under the PSD program by adding 

maximum allowable increases in ambient pollutant 

concentrations (increments) and two screening tools 

known as the significant impact levels (SILs) and a 

significant monitoring concentration (SMC) for PM2.5. In 

Virginia, where the state is administering the NSR 

program under an approved SIP, the state may adopt and 

submit revisions to the SIP to reflect the rule revisions. The 

revised SIP should be the same as or equivalent to the 

revised federal program.

9VAC5-10-30. Abbreviations. 

A -- ampere 

act -- actual 

AQCR -- Air Quality Control Region 

AQMA -- Air Quality Maintenance Area 

ASTM -- American Society for Testing and Materials 

avg -- average 

Be -- Beryllium 

Btu -- British thermal unit 

°C -- degree Celsius (centigrade) 

cal -- calorie 

cc -- cubic centimeter 

CdS -- cadmium sulfide 

cfm -- cubic feet per minute 

CFR -- Code of Federal Regulations (40 CFR 35 means Part 

35 of Title 40 of the Code of Federal Regulations; 40 CFR 

35.20 means Section 35.20 in Part 35 of Title 40 of the Code 

of Federal Regulations) 

CO -- carbon monoxide 

CO2 -- carbon dioxide 

COH -- Coefficient of Haze (unit of measure for the soiling 

index) 

cu ft -- cubic feet 

d -- day 

dcf -- dry cubic feet 

dcm -- dry cubic meter 

dscf -- dry cubic feet at standard conditions 

dscm -- dry cubic meter at standard conditions 

EPA -- U.S. Environmental Protection Agency 

eq -- equivalents 

°F -- degree Fahrenheit 

FR -- Federal Register (36 FR 1492, May 3, 1971 means 

page 1492, dated May 3, 1971, of Volume 36 of the Federal 

Register - the page indicated is the first page of the referenced 

material) 

ft -- feet 

ft2

 -- square feet 

ft3

 -- cubic feet 

g -- gram 

gal -- gallon 

GEP -- good engineering practice 

g-eq -- gram equivalents 

gr -- grain 

HCl -- hydrochloric acid or hydrogen chloride

Hg -- mercury 

hp -- horse power 

hr -- hour 

H2O -- water 

H2S -- hydrogen sulfide 

H2SO4 -- sulfuric acid 

Hz -- hertz 

I.D. -- inside diameter 

in -- inch 

inHg -- inches of mercury 

inH2O -- inches of water 

J -- joule 

K -- Kelvin 

k -- 1,000 

kg -- kilogram = 103

 gram 

l -- liter 

lb -- pound 

lpm -- liter per minute 

M -- molar 

m -- meter 

m3

 -- cubic meter 

meq -- milliequivalent 

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Mg -- megagram = 106

 gram 

mg -- milligram = 10-3 gram 

min -- minute 

ml -- milliliter = 10-3 liter 

mm -- millimeter = 10-3 meter 

mol -- mole 

mol.wt. -- molecular weight 

MSA -- Metropolitan Statistical Area 

mV -- millivolt = 10-3 volt 

N -- normal 

n -- newton 

N2 -- nitrogen 

ng -- nanogram = 10-9 gram 

nm -- nanometer = 10-9 meter 

NO -- nitric oxide 

NO2 -- nitrogen dioxide 

NOX -- nitrogen oxides 

O2 -- oxygen 

O.D. -- outside diameter 

oz -- ounce 

Pa -- pascal 

PM -- particulate matter; any airborne finely divided solid or 

liquid material with an aerodynamic diameter smaller than 

100 micrometers.

PM10 -- particulate matter with an aerodynamic diameter 

less than or equal to a nominal 10 micrometers

PM2.5 -- particulate matter with an aerodynamic diameter 

less than or equal to a nominal 2.5 micrometers

ppb -- parts per billion 

ppm -- parts per million 

psi -- pounds per square inch 

psia -- pounds per square inch absolute 

psig -- pounds per square inch gauge 

°R -- degree Rankine 

s -- second 

scf -- cubic feet at standard conditions 

scfh -- cubic feet per hour at standard conditions 

scm -- cubic meter at standard conditions 

sec -- second 

SO2 -- sulfur dioxide 

SO3 -- sulfur trioxide 

SOX -- sulfur oxides 

sq ft -- square feet 

std -- at standard conditions or standard 

μg -- microgram = 10-6 gram 

μl -- microliter = 10-6 liter 

USC -- United States Code 

V -- volt 

v/v -- volume per volume 

VOC -- volatile organic compound 

W -- watt 

w.g. -- water gauge 

yd2

 -- square yard 

yr -- year 

% -- percent 

Ω -- ohm 

§ -- section 

9VAC5-80-1615. Definitions. 

A. As used in this article, all words or terms not defined 

herein shall have the meanings given them in 9VAC5-10 

(General Definitions), unless otherwise required by context. 

B. For the purpose of this article, 9VAC5-80-280 and 

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: 

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 9VAC5-80-1865. 

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 that precedes the particular date and that is 

representative of normal source operation. The board will 

allow the use of a different time period upon a 

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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 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. 

"Administrator" means the administrator of the U.S. 

Environmental Protection Agency (EPA) or an authorized 

representative. 

"Adverse impact on visibility" means visibility impairment 

that interferes with the management, protection, preservation 

or enjoyment of the visitor's visual experience of the federal 

class I area. This determination shall be made on a case-bycase basis taking into account the geographic extent, 

intensity, duration, frequency and time of visibility 

impairment, and how these factors correlate with (i) times of 

visitor use of the federal class I areas, and (ii) the frequency 

and timing of natural conditions that reduce visibility. 

"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 that restrict the 

operating rate, or hours of operation, or both) and the most 

stringent of the following: 

a. The applicable standards as set forth in 40 CFR Parts 60, 

61, and 63; 

b. The 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 futureeffective 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 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 this article. 

"Baseline actual emissions" means the rate of emissions, in 

tons per year, of a regulated NSR pollutant, as determined in 

accordance with the following: 

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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 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) 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 under this article, 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 major stationary 

source must currently comply, had such major stationary 

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 that the administrator 

proposed or promulgated under 40 CFR Part 63, the 

baseline actual emissions need only be adjusted if the 

board 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 all 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 (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 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 subsection. 

"Baseline area": 

a. Means any intrastate area (and every part thereof) 

designated as attainment or unclassifiable under 

§ 107(d)(1)(C) § 107(d)(1)(A)(ii) or (iii) of the federal 

Clean Air Act in which the major source or major 

modification establishing the minor source baseline date 

would construct or would have an air quality impact equal 

to or greater than 1 μg/m3 (annual average) of for the 

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pollutant for which the minor source baseline date is 

established, as follows: (i) for SO2, NO2, or PM10, equal to 

or greater than 1 μg/m3 (annual average); or (ii) for PM2.5, 

equal to or greater than 0.3 μg/m3 (annual average). 

b. Area redesignations under § 107(d)(3) § 107(d)(1)(A)(ii) 

or (iii) of the federal Clean Air Act cannot intersect or be 

smaller than the area of impact of any major stationary 

source or major modification that: 

(1) Establishes a minor source baseline date; or 

(2) Is subject to this article or 40 CFR 52.21 and would 

be constructed in the same state as the state proposing the 

redesignation. 

c. Any baseline area established originally for the TSP 

increments shall remain in effect and shall apply for 

purposes of determining the amount of available PM10

increments, except that such baseline area shall not remain 

in effect if the board rescinds the corresponding minor 

source baseline date in accordance with subdivision d of 

the definition of "baseline date." 

"Baseline concentration" 

a. Means that ambient concentration level that exists in the 

baseline area at the time of the applicable minor source 

baseline date. A baseline concentration is determined for 

each pollutant for which a minor source baseline date is 

established and shall include: 

(1) The actual emissions representative of sources in 

existence on the applicable minor source baseline date, 

except as provided in subdivision b of this definition; and 

(2) The allowable emissions of major stationary sources 

that commenced construction before the major source 

baseline date, but were not in operation by the applicable 

minor source baseline date. 

b. The following will not be included in the baseline 

concentration and will affect the applicable maximum 

allowable increase(s): 

(1) Actual emissions from any major stationary source on 

which construction commenced after the major source 

baseline date; and 

(2) Actual emissions increases and decreases at any 

stationary source occurring after the minor source 

baseline date. 

"Baseline date" 

a. "Major source baseline date" means: 

(1) In the case of particulate matter PM10 and sulfur 

dioxide, January 6, 1975; and 

(2) In the case of nitrogen dioxide, February 8, 1988; and

(3) In the case of PM2.5, October 20, 2010. 

b. "Minor source baseline date" means the earliest date 

after the trigger date on which a major stationary source or 

a major modification subject to this article submits a 

complete application under this article. The trigger date is: 

(1) In the case of particulate matter PM10 and sulfur 

dioxide, August 7, 1977; and 

(2) In the case of nitrogen dioxide, February 8, 1988; and

(3) In the case of PM2.5, October 20, 2011. 

c. The baseline date is established for each pollutant for 

which increments or other equivalent measures have been 

established if: 

(1) The area in which the proposed source or 

modification would construct is designated as attainment 

or unclassifiable under § 107(d)(1)(C) § 107(d)(1)(A)(ii) 

or (iii) of the federal Clean Air Act for the pollutant on 

the date of its complete application under this article or 

40 CFR 52.21; and 

(2) In the case of a major stationary source, the pollutant 

would be emitted in significant amounts, or, in the case 

of a major modification, there would be a significant net 

emissions increase of the pollutant. 

d. Any minor source baseline date established originally 

for the TSP increments shall remain in effect and shall 

apply for purposes of determining the amount of available 

PM10 increments, except that the board may rescind any 

such minor source baseline date where it can be shown, to 

the satisfaction of the board, that the emissions increase 

from the major stationary source, or the net emissions 

increase from the major modification, responsible for 

triggering that date did not result in a significant amount of 

PM10 emissions. 

"Begin actual construction" means, in general, initiation of 

physical on-site construction activities on an emissions unit 

that 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 onsite activities other than preparatory activities that 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 emitted from any proposed major 

stationary source or major modification that the board, on a 

case-by-case 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 

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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 that 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., that have the same first two-digit code) 

as described in the Standard Industrial Classification Manual 

(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 oxides of nitrogen 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 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 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, that 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" means, in reference to an application for a 

permit, that the application contains all of 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 the 

purposes of permit processing does not preclude the board 

from requesting or accepting any 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 emissions. 

"Continuous emissions monitoring system" or "CEMS" 

means all of the equipment that may be required to meet the 

data acquisition and availability requirements of this article, 

to sample, condition (if applicable), analyze, and provide a 

record of emissions on a continuous basis. 

"Continuous emissions rate monitoring system" or 

"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" or "CPMS" 

means all of the equipment necessary to meet the data 

acquisition and availability requirements of this article, 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 value(s) 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 MW 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 affected facility. 

"Emissions unit" means any part of a stationary source that 

emits or would have the potential to emit any regulated NSR 

pollutant and includes an electric utility steam generating 

unit. For purposes of this definition, 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; 

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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 on 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 

that 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 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 a new 

source review permit issued under regulations approved by 

the 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, quantifiable, and 

otherwise enforceable as a practical matter; and 

(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 the 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 the 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. 

"High terrain" means any area having an elevation 900 feet 

or more above the base of the stack of a source. 

"Indian governing body" means the governing body of any 

tribe, band, or group of Indians subject to the jurisdiction of 

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the United States and recognized by the United States as 

possessing power of self-government. 

"Indian reservation" means any federally recognized 

reservation established by treaty, agreement, executive order, 

or act of Congress. 

"Innovative control technology" means any system of air 

pollution control that has not been adequately demonstrated 

in practice, but would have substantial likelihood of 

achieving greater continuous emissions reduction than any 

control system in current practice or of achieving at least 

comparable reductions at lower cost in terms of energy, 

economics, or nonair quality environmental impacts. 

"Lowest achievable emission rate" or "LAER" is as defined 

in 9VAC5-80-2010 C. 

"Locality particularly affected" means any locality that bears 

any identified disproportionate material air quality impact that 

would not be experienced by other localities. 

"Low terrain" means any area other than high terrain. 

"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 potential to emit the PAL pollutant 

for nonattainment areas in an amount that is equal to or 

greater than the major source threshold for the PAL pollutant 

in subdivision a (1) of the definition of "major stationary 

source " in 9VAC5-80-2010 C. 

"Major modification" 

a. Means any physical change in or change in the method 

of operation of a major stationary source that would result 

in a significant emissions increase of a regulated NSR 

pollutant, and a significant net emissions increase of that 

pollutant from the major stationary source. 

b. Any significant emissions increase from any emissions 

units or net emissions increase at a major stationary source 

that is significant for volatile organic compounds or NOX

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 plant pursuant to the federal Power Act. 

(3) Use of an alternative fuel by reason of any order or 

rule under § 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 

January 6, 1975, unless such change would be prohibited 

under any federally and state enforceable permit 

condition that was established after January 6, 1975, 

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 that 

was established after January 6, 1975, pursuant to 40 

CFR 52.21 or this chapter. 

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

(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 ambient air quality standards during the project and 

after it is terminated. 

(9) The installation or operation of a permanent clean 

coal technology demonstration project that constitutes 

repowering, provided that the project does not result in 

an increase in the potential to emit of any regulated 

pollutant emitted by the unit. This exemption shall apply 

on a pollutant-by-pollutant basis. 

(10) The reactivation of a very clean coal-fired electric 

utility steam generating unit. 

d. This definition shall not apply with respect to a 

particular regulated NSR pollutant when the major 

stationary source is complying with the requirements under 

9VAC5-80-1865 for a PAL for that pollutant. Instead, the 

definition of "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. 

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"Major stationary source" 

a. Means: 

(1) Any of the following stationary sources of air 

pollutants that emits, or has the potential to emit, 100 

tons per year or more of any regulated NSR pollutant: 

(a) Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input. 

(b) Coal cleaning plants (with thermal dryers). 

(c) Kraft pulp mills. 

(d) Portland cement plants. 

(e) Primary zinc smelters. 

(f) Iron and steel mill plants. 

(g) Primary aluminum ore reduction plants. 

(h) Primary copper smelters. 

(i) Municipal incinerators capable of charging more than 

250 tons of refuse per day. 

(j) Hydrofluoric acid plants. 

(k) Sulfuric acid plants. 

(l) Nitric acid plants. 

(m) Petroleum refineries. 

(n) Lime plants. 

(o) Phosphate rock processing plants. 

(p) Coke oven batteries. 

(q) Sulfur recovery plants. 

(r) Carbon black plants (furnace process). 

(s) Primary lead smelters. 

(t) Fuel conversion plants. 

(u) Sintering plants. 

(v) Secondary metal production plants. 

(w) Chemical process plants (which does not include 

ethanol production facilities that produce ethanol by 

natural fermentation included in NAICS codes 325193 or 

312140). 

(x) Fossil fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat 

input. 

(y) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels. 

(z) Taconite ore processing plants. 

(aa) Glass fiber processing plants. 

(bb) Charcoal production plants. 

(2) Notwithstanding the stationary source size specified 

in subdivision a (1) of this definition, any stationary 

source that emits, or has the potential to emit, 250 tons 

per year or more of a regulated NSR pollutant; or 

(3) Any physical change that would occur at a stationary 

source not otherwise qualifying under subdivision a (1) 

or a (2) 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 or NOX shall be considered major 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 capable of charging more than 

250 tons of refuse per day. 

(9) Hydrofluoric, sulfuric, or nitric acid plants. 

(10) Petroleum refineries. 

(11) Lime plants. 

(12) Phosphate rock processing plants. 

(13) Coke oven batteries. 

(14) Sulfur recovery plants. 

(15) Carbon black plants (furnace process). 

(16) Primary lead smelters. 

(17) Fuel conversion plants. 

(18) Sintering plants. 

(19) Secondary metal production plants. 

(20) Chemical process plants (which shall not include 

ethanol production facilities that produce ethanol by 

natural fermentation included in NAICS codes 325193 or 

312140). 

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(21) Fossil-fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat 

input. 

(22) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels. 

(23) Taconite ore processing plants. 

(24) Glass fiber processing plants. 

(25) Charcoal production plants. 

(26) Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input. 

(27) Any other stationary source category that, as of 

August 7, 1980, is being regulated under 40 CFR Parts 

60 and 61. 

"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 NSR programs 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-

1605 G; and 

(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 between: 

(1) The date five years before construction on the 

particular change commences; and 

(2) The date that the increase from the particular change 

occurs. 

c. An increase or decrease in actual emissions is creditable 

only if (i) 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 (ii) the board has not relied on it in issuing a permit for 

the source under this article (or the administrator under 40 

CFR 52.21), which permit is in effect when the increase in 

actual emissions from the particular change occurs. 

d. An increase or decrease in actual emissions of sulfur 

dioxide, particulate matter, or nitrogen oxides that occurs 

before the applicable minor source baseline date is 

creditable only if it is required to be considered in 

calculating the amount of maximum allowable increases 

remaining available. 

e. An increase in actual emissions is creditable only to the 

extent that the new level of actual emissions exceeds the 

old level. 

f. 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) It has approximately the same qualitative significance 

for public health and welfare as that attributed to the 

increase from the particular change. 

g. 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. 

h. Subdivision a of the definition of "actual emissions" 

shall not apply for determining creditable increases and 

decreases. 

"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 

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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. 

"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 

9VAC5-80-1865. 

"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 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" or "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 calculate and record the mass emissions 

rate (for example, pounds per hour) on a continuous basis. 

"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 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 major stationary 

source. In determining the projected actual emissions (before 

beginning actual construction), the owner of the major 

stationary source: 

a. Shall 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 

implementation plan; 

b. Shall include fugitive emissions to the extent 

quantifiable and emissions associated with startups, 

shutdowns, and malfunctions; and 

c. Shall 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. 

"Reactivation of a very clean coal-fired electric utility steam 

generating unit" means any physical change or change in the 

method of operation associated with the commencement of 

commercial operations by a coal-fired utility unit after a 

period of discontinued operation where the unit: 

a. Has not been in operation for the two-year period prior 

to the enactment of the federal Clean Air Act Amendments 

of 1990, and the emissions from such unit continue to be 

carried in the department's emissions inventory at the time 

of enactment; 

b. Was equipped prior to shut-down with a continuous 

system of emissions control that achieves a removal 

efficiency for sulfur dioxide of no less than 85% and a 

removal efficiency for particulates of no less than 98%; 

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c. Is equipped with low-NOX burners prior to the time of 

commencement of operations following reactivation; and 

d. Is otherwise in compliance with the requirements of the 

federal Clean Air Act. 

"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. 

"Regulated NSR pollutant" means: 

a. Any pollutant for which an ambient air quality standard 

has been promulgated and any constituents or precursors 

for such pollutants identified by the administrator (e.g., 

volatile organic compounds and NOX are precursors for 

ozone) ; pollutant identified under this subdivision as a 

constituent or precursor to such pollutant. Precursors 

identified for the purposes of this article shall be the 

following:

(1) Volatile organic compounds and nitrogen oxides are 

precursors to ozone in all attainment and unclassifiable 

areas.

(2) Sulfur dioxide is a precursor to PM2.5 in all attainment 

and unclassifiable areas.

(3) Nitrogen oxides are presumed to be precursors to 

PM2.5 in all attainment and unclassifiable areas, unless 

the board determines that emissions of nitrogen oxides 

from sources in a specific area are not a significant 

contributor to that area's ambient PM2.5 concentrations.

(4) Volatile organic compounds are presumed not to be 

precursors to PM2.5 in any attainment or unclassifiable 

area, unless the board determines that emissions of 

volatile organic compounds from sources in a specific 

area are a significant contributor to that area's ambient 

PM2.5 concentrations. 

b. Any pollutant that is subject to any standard 

promulgated under § 111 of the federal Clean Air Act;. 

c. Any class I or II substance subject to a standard 

promulgated under or established by Title VI of the federal 

Clean Air Act; or. 

d. Particulate matter emissions, PM2.5 emissions, and PM10

emissions shall include gaseous emissions from a source or 

activity that condense to form particulate matter at ambient 

temperatures. On or after January 1, 2011, such 

condensable particulate matter shall be accounted for in 

applicability determinations and in establishing emissions 

limitations for particulate matter, PM2.5 and PM10 in 

permits issued under this article. Compliance with 

emissions limitations for particulate matter, PM2.5 and 

PM10 issued prior to this date shall not be based on 

condensable particulate matter unless required by the terms 

and conditions of the permit. Applicability determinations 

made prior to this date without accounting for condensable 

particulate matter shall not be considered in violation of 

this article.

e. Any pollutant that otherwise is subject to regulation 

under the federal Clean Air Act; except that any or all 

hazardous air pollutants either listed in § 112 of the federal 

Clean Air Act or added to the list pursuant to § 112(b)(2), 

which have not been delisted pursuant to § 112(b)(3), are 

not regulated NSR pollutants unless the listed hazardous 

air pollutant is also regulated as a constituent or precursor 

of a general pollutant listed under § 108 of the federal 

Clean Air Act. 

"Repowering" means: 

a. Replacement of an existing coal-fired boiler with one of 

the following clean coal technologies: atmospheric or 

pressurized fluidized bed combustion, integrated 

gasification combined cycle, magnetohydrodynamics, 

direct and indirect coal-fired turbines, integrated 

gasification fuel cells, or as determined by the 

administrator, in consultation with the Secretary of Energy, 

a derivative of one or more of these technologies, and any 

other technology capable of controlling multiple 

combustion emissions simultaneously with improved 

boiler or generation efficiency and with significantly 

greater waste reduction relative to the performance of 

technology in widespread commercial use as of November 

15, 1990. 

b. Repowering shall also include any oil and/or gas-fired 

unit which has been awarded clean coal technology 

demonstration funding as of January 1, 1991, by the 

Department of Energy. 

c. The board may give expedited consideration to permit 

applications for any source that satisfies the requirements 

of this definition and is granted an extension under § 409 

of the federal Clean Air Act. 

"Secondary emissions" means emissions that 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 that causes the secondary 

emissions. Secondary emissions include emissions from any 

offsite support facility that 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 that 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: 

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a. 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: 

Pollutant Emissions Rate 

Carbon Monoxide 100 tons per year (tpy) 

Nitrogen Oxides 40 tpy 

Sulfur Dioxide 40 tpy 

Particulate Matter (TSP) 25 tpy 

PM10 15 tpy 

PM2.5 10 tpy of direct PM2.5

emissions; 40 tpy of SO2

emissions; 40 tpy of NOX

emissions unless 

demonstrated not to be a 

PM2.5 precursor under the 

definition of "regulated 

NSR pollutant"

Ozone 40 tpy of volatile organic 

compounds or NOX

Lead 0.6 tpy 

Fluorides 3 tpy 

Sulfuric Acid Mist 7 tpy 

Hydrogen Sulfide (H2S) 10 tpy 

Total Reduced Sulfur 

(including H2S) 

10 tpy 

Reduced Sulfur Compounds 

(including H2S) 

10 tpy 

Municipal waste combustor 

organics (measured as total 

tetra-through octachlorinated dibenzo-pdioxins and dibenzofurans) 

3.5 x 10-6 tpy 

Municipal waste combustor 

metals (measured as 

particulate matter) 

15 tpy 

Municipal waste combustor 

acid gases (measured as the 

sum of SO2 and HCl) 

40 tpy 

Municipal solid waste 

landfills emissions 

(measured as nonmethane 

organic compounds) 

50 tpy 

b. In reference to a net emissions increase or the potential 

of a source to emit a regulated NSR pollutant that 

subdivision a of this definition does not list, any emissions 

rate. 

c. Notwithstanding subdivision a of this definition, any 

emissions rate or any net emissions increase associated 

with a major stationary source or major modification that 

would construct within 10 kilometers of a class I area, and 

have an impact on such area equal to or greater than 1 

μg/m3

 (24-hour average). 

"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 significant 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 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 that emits or may emit a regulated NSR 

pollutant. 

"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 ambient air 

quality standards during the project and after it is terminated. 

9VAC5-80-1635. Ambient air increments. 

In areas designated as class I, II or III, increases in pollutant 

concentration over the baseline concentration shall be limited 

to the following: 

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MAXIMUM ALLOWABLE INCREASE 

(micrograms per cubic meter) 

Class I Area

Particulate matter:

PM10, annual arithmetic mean 4

PM10, 24 hour maximum 8

PM2.5: 

Annual arithmetic mean 1

24 hour maximum 2

PM10: 

Annual arithmetic mean 4

24 hour maximum 8

Sulfur dioxide: 

Annual arithmetic mean 2 

24-hour maximum 5 

Three-hour maximum 25 

Nitrogen dioxide: 

Annual arithmetic mean 2.5 

Class II Area

Particulate matter:

PM10, annual arithmetic mean 17

PM10, 24 hour maximum 30

PM2.5: 

Annual arithmetic mean 4

24 hour maximum 9

PM10: 

Annual arithmetic mean 17

24 hour maximum 30

Sulfur dioxide: 

Annual arithmetic mean 20 

24-hour maximum 91 

Three-hour maximum 512 

Nitrogen dioxide: 

Annual arithmetic mean 25 

Class III Area

Particulate matter:

PM10, annual geometric mean 34

PM10, 24 hour maximum 60

PM2.5: 

Annual arithmetic mean 8

24 hour maximum 18

PM10: 

Annual arithmetic mean 34

24 hour maximum 60

Sulfur dioxide: 

Annual arithmetic mean 40 

24-hour maximum 182 

Three-hour maximum 700 

Nitrogen dioxide: 

Annual arithmetic mean 50 

For any period other than an annual period, the applicable 

maximum allowable increase may be exceeded during one 

such period per year at any one location. 

9VAC5-80-1695. Exemptions. 

A. The requirements of this article shall not apply to a 

particular major stationary source or major modification; if: 

1. The source or modification 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 stationary source or modification 

and the source does not belong to any of the following 

categories: 

a. Coal cleaning plants (with thermal dryers). 

b. Kraft pulp mills. 

c. Portland cement plants. 

d. Primary zinc smelters. 

e. Iron and steel mills. 

f. Primary aluminum ore reduction plants. 

g. Primary copper smelters. 

h. Municipal incinerators capable of charging more than 

250 tons of refuse per day. 

i. Hydrofluoric acid plants. 

j. Sulfuric acid plants. 

k. Nitric acid plants. 

l. Petroleum refineries. 

m. Lime plants. 

n. Phosphate rock processing plants. 

o. Coke oven batteries. 

p. Sulfur recovery plants. 

q. Carbon black plants (furnace process). 

r. Primary lead smelters. 

s. Fuel conversion plants. 

t. Sintering plants. 

u. Secondary metal production plants. 

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v. Chemical process plants (which shall not include 

ethanol production facilities that produce ethanol by 

natural fermentation included in NAICS codes 325193 or 

312140). 

w. Fossil-fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat 

input. 

x. Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels. 

y. Taconite ore processing plants. 

z. Glass fiber processing plants. 

aa. Charcoal production plants. 

bb. Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input. 

cc. Any other stationary source category which, as of 

August 7, 1980, is being regulated under 40 CFR Part 60 

or 61; or 

2. The source or modification is a portable stationary 

source that has previously received a permit under this 

article, and 

a. The owner proposes to relocate the source and 

emissions of the source at the new location would be 

temporary; 

b. The emissions from the source would not exceed its 

allowable emissions; 

c. The emissions from the source would affect no class I 

area and no area where an applicable increment is known 

to be violated; and 

d. Reasonable notice is given to the board prior to the 

relocation identifying the proposed new location and the 

probable duration of operation at the new location. Such 

notice shall be given to the board not less than 10 days in 

advance of the proposed relocation unless a different 

time duration is previously approved by the board. 

B. The requirements of this article shall not apply to a major 

stationary source or major modification with respect to a 

particular pollutant if the owner demonstrates that, as to that 

pollutant, the source or modification is located in an area 

designated as nonattainment in 9VAC5-20-204. 

C. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, 

and 9VAC5-80-1755 shall not apply to a major stationary 

source or major modification with respect to a particular 

pollutant, if the allowable emissions of that pollutant from the 

source, or the net emissions increase of that pollutant from the 

modification: 

1. Would affect no class I area and no area where an 

applicable increment is known to be violated; and 

2. Would be temporary. 

D. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, 

and 9VAC5-80-1755 as they relate to any maximum 

allowable increase for a class II area shall not apply to a 

major modification at a stationary source that was in 

existence on March 1, 1978, if the net increase in allowable 

emissions of each regulated NSR pollutant from the 

modification after the application of best available control 

technology would be less than 50 tons per year. 

E. The board may exempt a proposed major stationary 

source or major modification from the requirements of 

9VAC5-80-1735 with respect to monitoring for a particular 

pollutant if: 

1. The emissions increase of the pollutant from the new 

source or the net emissions increase of the pollutant from 

the modification would cause, in any area, air quality 

impacts less than the following amounts: 

Carbon monoxide -- 575 μg/m3

, 8-hour average 

Nitrogen dioxide -- 14 μg/m3

, annual average 

Particulate matter -- 10 μg/m3

 of PM10, 24-hour average

PM2.5 - 4 μg/m3

, 24-hour average

PM10 - 10 μg/m3

, 24-hour average 

Sulfur dioxide -- 13 μg/m3

, 24-hour average 

Ozone* 

Lead -- 0.1 μg/m3

, 3-month average 

Fluorides -- 0.25 μg/m3

, 24-hour average 

Total reduced sulfur -- 10 μg/m3

, 1-hour average 

Hydrogen sulfide -- 0.2 μg/m3

, 1-hour average 

Reduced sulfur compounds -- 10 μg/m3

, 1-hour average; 

or 

*No de minimis air quality level is provided for ozone. 

However, any net increase of 100 tons per year or more 

of volatile organic compounds or NOX subject to this 

article would be required to perform an ambient impact 

analysis including the gathering of ambient air quality 

data. 

2. The concentrations of the pollutant in the area that the 

source or modification would affect are less than the 

concentrations listed in subdivision 1 of this subsection, or 

the pollutant is not listed in subdivision 1 of this 

subsection. 

F. 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: 

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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. 

9VAC5-80-1715. Source impact analysis. 

A. The following demonstration is required for any new 

major stationary source or major modification:

1. The owner of the proposed source or modification shall 

demonstrate that allowable emission increases from the 

proposed source or modification, in conjunction with all 

other applicable emissions increases or reductions 

(including secondary emissions), would not cause or 

contribute to air pollution in violation of: 

1. a. Any ambient air quality standard in any air quality 

control region; or 

2. b. Any applicable maximum allowable increase over 

the baseline concentration in any area. 

B. 2. For purposes of PM2.5, the demonstration required in 

subdivision 1 of this subsection is deemed to have been 

made if the emissions increase from the new stationary 

source alone or from the modification alone would cause, 

in all areas, air quality impacts less than the following 

amounts:

Averaging 

time Class I area Class II area Class III area

Annual 0.06 μg/m3 0.3 μg/m3 0.3 μg/m3

24-hour 0.07 μg/m3 1.2 μg/m3 1.2 μg/m3

B. The following applies to any new major stationary source 

or major modification if it would cause or contribute to a 

violation of any ambient air quality standard. 

1. A new major stationary source or major modification 

will be considered to cause or contribute to a violation of 

an ambient air quality standard when such source or 

modification would, at a minimum, exceed the following 

significance levels at any locality that does not or would 

not meet the applicable air quality standard: 

Averaging time (hours) 

Pollutant Annual 24 8 3 1 

SO2 1.0 

μg/m3

5.0 

μg/m3

25.0 

μg/m3

PM10 1.0 

μg/m3

5.0 

μg/m3

 

PM2.5 0.3 

mg/m3

1.2 

mg/m3

 

NO2 1.0 

μg/m3

 

CO 500 

μg/m3

2000 

μg/m3

2. A proposed new major stationary source or major 

modification may reduce the impact of its emissions upon 

air quality by obtaining sufficient emission reductions to, 

at a minimum, compensate for its adverse ambient impact 

where the new major stationary source or major 

modification would otherwise cause or contribute to a 

violation of any ambient air quality standard. In the 

absence of such emission reductions, the board will deny 

the proposed construction. 

3. The requirements of this subsection do not apply to a 

major stationary source or major modification with respect 

to a particular pollutant if the owner demonstrates that, as 

to that pollutant, the source or modification is located in an 

area designated as nonattainment in 9VAC5-20-204. 

9VAC5-80-1765. Sources affecting federal class I areas -- 

additional requirements. 

A. The board shall transmit to the administrator a copy of 

each permit application relating to a major stationary source 

or major modification and provide notice to the administrator 

of the following actions related to the consideration of such 

permit: 

1. Notification of the permit application status as provided 

in 9VAC5-80-1773 A. 

2. Notification of the public comment period on the 

application as provided in 9VAC5-80-1775 F 2. 

3. Notification of the final determination on the application 

and issuance of the permit as provided in 9VAC5-80-1773 

D. 

4. Notification of any other action deemed appropriate by 

the board. 

B. The board shall provide written notice of any permit 

application for a proposed major stationary source or major 

modification, the emissions from which may affect a class I 

area, to the federal land manager and the federal official 

charged with direct responsibility for management of any 

lands within any such area. Such notification shall include a 

copy of all information relevant to the permit application and 

shall be given within 30 days of receipt and at least 60 days 

prior to any public hearing on the application for a permit to 

construct. Such notification shall include an analysis of the 

proposed source's anticipated impacts on visibility in the 

federal class I area. The board shall also provide the federal 

land manager and such federal officials with a copy of the 

preliminary determination required under 9VAC5-80-1773 B, 

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and shall make available to them any materials used in 

making that determination, promptly after the board makes 

such determination. Finally, the board shall also notify all 

affected federal land managers within 30 days of receipt of 

any advance notification of any such permit application. 

C. The federal land manager and the federal official charged 

with direct responsibility for management of such lands have 

an affirmative responsibility to protect the air quality related 

values (including visibility) of such lands and to consider, in 

consultation with the board, whether a proposed source or 

modification will have an adverse impact on such values. 

D. The board shall consider any analysis performed by the 

federal land manager, provided within 30 days of the 

notification required by subsection B of this section, that 

shows that a proposed new major stationary source or major 

modification may have an adverse impact on visibility in any 

federal class I area. Where the board finds that such an 

analysis does not demonstrate to the satisfaction of the board 

that an adverse impact on visibility will result in the federal 

class I area, the board shall, in the notice of public hearing on 

the permit application, either explain this decision or give 

notice as to where the explanation can be obtained. 

E. The federal land manager of any such lands may 

demonstrate to the board that the emissions from a proposed 

source or modification would have an adverse impact on the 

air quality-related values (including visibility) of those lands, 

notwithstanding that the change in air quality resulting from 

emissions from such source or modification would not cause 

or contribute to concentrations that would exceed the 

maximum allowable increases for a class I area. If the board 

concurs with such demonstration, then it shall not issue the 

permit. 

F. The owner of a proposed source or modification may 

demonstrate to the federal land manager that the emissions 

from such source or modification would have no adverse 

impact on the air quality related values of any such lands 

(including visibility), notwithstanding that the change in air 

quality resulting from emissions from such source or 

modification would cause or contribute to concentrations that 

would exceed the maximum allowable increases for a class I 

area. If the federal land manager concurs with such 

demonstration and so certifies, the board may, provided that 

the applicable requirements of this article are otherwise met, 

issue the permit with such emission limitations as may be 

necessary to assure that emissions of sulfur dioxide, 

particulate matter, and nitrogen oxides would not exceed the 

following maximum allowable increases over minor source 

baseline concentration for such pollutants: 

MAXIMUM ALLOWABLE INCREASE 

(micrograms per cubic meter) 

Particulate matter:

PM10, annual geometric mean 17

PM10, 24 hour maximum 30

PM2.5:

Annual arithmetic mean 4

24 hour maximum 9

PM10:

 Annual arithmetic mean 17

 24 hour maximum 30

Sulfur dioxide: 

 Annual arithmetic mean 20 

 24-hour maximum 91 

 Three-hour maximum 325 

Nitrogen dioxide: 

 Annual arithmetic mean 25 

G. The owner of a proposed source or modification that 

cannot be approved under subsection F of this section may 

demonstrate to the governor that the source or modification 

cannot be constructed by reason of any maximum allowable 

increase for sulfur dioxide for a period of 24 hours or less 

applicable to any class I area and, in the case of federal 

mandatory class I areas, that a variance under this clause 

would not adversely affect the air quality related values of the 

area (including visibility). The governor, after consideration 

of the federal land manager's recommendation (if any) and 

subject to the federal land manager's concurrence, may, after 

notice and public hearing, grant a variance from such 

maximum allowable increase. If such variance is granted, the 

board shall issue a permit to such source or modification 

pursuant to the requirements of subsection I of this section, 

provided that the applicable requirements of this article are 

otherwise met. 

H. In any case whether the governor recommends a variance 

in which the federal land manager does not concur, the 

recommendations of the governor and the federal land 

manager shall be transmitted to the president. The president 

may approve the governor's recommendation if he finds that 

the variance is in the national interest. If the variance is 

approved, the board shall issue a permit pursuant to the 

requirements of subsection I of this section, provided that the 

applicable requirements of this article are otherwise met. 

I. In the case of a permit issued pursuant to subsection G or 

H of this section the source or modification shall comply with 

such emission limitations as may be necessary to assure that 

emissions of sulfur dioxide from the source or modification 

would not (during any day on which the otherwise applicable 

maximum allowable increases are exceeded) cause or 

contribute to concentrations that would exceed the following 

maximum allowable increases over the baseline concentration 

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and to assure that such emissions would not cause or 

contribute to concentrations which exceed the otherwise 

applicable maximum allowable increases for periods of 

exposure of 24 hours or less for more than 18 days, not 

necessarily consecutive, during any annual period: 

MAXIMUM ALLOWABLE INCREASE 

(micrograms per cubic meter) 

Period of exposure Low terrain 

areas 

High terrain 

areas 

24-hour maximum 36 62 

3-hour maximum 130 221 

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. 

"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 futureeffective 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 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. 

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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 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 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 

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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 onsite 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 emitted from any proposed major 

stationary source or major modification that the board, on a 

case-by-case 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 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, 

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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

article, 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 article, 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 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 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 

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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, 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 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 

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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. 

(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 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. 

(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. 

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(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 

(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 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 

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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. 

"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 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 

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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 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 identified under this subdivision as

a constituent or precursor of a general pollutant listed 

under subdivisions a and or b of this definition, provided 

that a such constituent or precursor pollutant may only be 

regulated under NSR this article as part of regulation of the 

general pollutant. Precursors identified for purposes of this 

article shall be the following:

(1) Volatile organic compounds and nitrogen oxides are 

precursors to ozone in all ozone nonattainment areas.

(2) Sulfur dioxide is a precursor to PM2.5 in all PM2.5

nonattainment areas.

(3) Nitrogen oxides are presumed to be precursors to 

PM2.5 in all PM2.5 nonattainment areas, unless the board 

determines that emissions of nitrogen oxides from 

sources in a specific area are not a significant contributor 

to that area's ambient PM2.5 concentrations.

(4) Volatile organic compounds and ammonia are 

presumed not to be precursors to PM2.5 in any PM2.5

nonattainment area, unless the board determines that

emissions of volatile organic compounds or ammonia 

from sources in a specific area are a significant 

contributor to that area's ambient PM2.5 concentrations.

d. PM2.5 emissions and PM10 emissions shall include 

gaseous emissions from a source or activity that condense 

to form particulate matter at ambient temperatures. On or 

after January 1, 2011, such condensable particulate matter 

shall be accounted for in applicability determinations and 

in establishing emissions limitations for PM2.5 and PM10 in 

permits issued under this article. Compliance with 

emissions limitations for PM2.5 and PM10 issued prior to 

this date shall not be based on condensable particulate 

matter unless required by the terms and conditions of the 

permit. Applicability determinations made prior to this date 

without accounting for condensable particulate matter shall 

not be considered in violation of this article.

"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. 

POLLUTANT EMISSIONS RATE 

Carbon Monoxide 100 tons per year (tpy) 

Nitrogen Oxides 25 tpy 

Sulfur Dioxide 40 tpy 

Particulate Matter 25 tpy

PM10 15 tpy

PM2.5 10 tpy of direct PM2.5 emissions; 40 

tpy of sulfur dioxide emissions; 40 

tpy of nitrogen oxide emissions 

unless demonstrated not to be a 

PM2.5 precursor under the definition 

of "regulated NSR pollutant"

Ozone 25 tpy of volatile organic 

compounds 

Lead 0.6 py tpy

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b. Other nonattainment areas. 

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 of direct PM2.5 emissions; 40 

tpy of sulfur dioxide emissions; 40 

tpy of nitrogen oxide emissions 

unless demonstrated not to be a 

PM2.5 precursor under the definition 

of "regulated NSR pollutant"

Ozone 40 tpy of volatile organic 

compounds 

Lead 0.6 tpy 

"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 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 state-enforceable 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. 

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 be at least the following: 

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. 

The ratio of total emissions reductions of the nonattainment 

pollutant to total increased emissions of the nonattainment 

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pollutant in nonattainment areas (other than ozone 

nonattainment areas) designated in 9VAC5-20-204 shall be at 

least 1 to one. The ratio of total actual emissions reductions of 

the nonattainment pollutant to the emissions increase shall be 

at least 1 to one unless an alternative ratio is provided above 

for the applicable nonattainment area designated in 9VAC5-

20-204. 

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 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 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. The provisions of Appendix S to 40 CFR Parts 51 

apply only to the extent that they are incorporated by 

reference in 9VAC5-20-21.

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. 

M. In meeting the emissions offset requirements of this 

section, the emissions offsets obtained shall be for the same 

regulated NSR pollutant unless interprecursor offsetting is 

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011 

2505
Regulations 

permitted for a particular pollutant as specified in this 

subsection. The offset requirements in this section for direct 

PM2.5 emissions or emissions of precursors of PM2.5 may be 

satisfied by offsetting reductions in direct PM2.5 emissions or 

emissions of any PM2.5 precursor identified under subdivision 

c of the definition of "regulated NSR pollutant" if such offsets 

comply with the interprecursor trading hierarchy and ratio 

established in accordance with subsections N through P of 

this section for a particular nonattainment area.

N. The board may allow the offset requirement in subsection 

M of this section for direct PM2.5 emissions or precursors of 

PM2.5 to be satisfied by offsetting reductions in direct PM2.5

emissions or emissions of any PM2.5 precursor using a ratio 

approved by the board for the nonattainment area after public 

review and comment as provided in subsections O and P of 

this section. Prior to making a final determination on the 

interpollutant trading ratios for a nonattainment area, the 

board shall submit the interpollutant trading ratios and 

supporting information to the EPA Regional Office for 

approval.

O. Prior to the decision of the board, the offsetting ratio will 

be subject to a public comment period of at least 30 days. The 

board will notify the public, by notice on the department web 

page "Public Notices for Air Regulations," of the opportunity 

for public comment on the offsetting ratio and supporting 

information as available for public inspection under the 

provisions of subsection P of this section. The notification 

shall be published at least 30 days prior to the close of the 

public comment period.

P. Information on the offsetting ratio and supporting 

information, as well as the preliminary determination of the 

board, shall be available for public inspection during the 

entire public comment period on the department web page

"Public Notices for Air Regulations."

VA.R. Doc. No. R11-2833; Filed June 28, 2011, 1:46 p.m. 

Final Regulation 

REGISTRAR'S NOTICE: The State Air Pollution Control 

Board is claiming an exemption from the Administrative 

Process Act in accordance with § 2.2-4006 A 3, which 

excludes regulations that consist only of changes in style or 

form or corrections of technical errors. The State Air 

Pollution Control Board will receive, consider, and respond to 

petitions by any interested person at any time with respect to 

reconsideration or revision. 

Titles of Regulations: 9VAC5-40. Existing Stationary 

Sources (amending 9VAC5-40-5810, 9VAC5-40-5820, 

9VAC5-40-5850, 9VAC5-40-5880, 9VAC5-40-5920) (Rev. 

D-11). 

9VAC5-50. New and Modified Stationary Sources 

(amending 9VAC5-50-420) (Rev. D-11). 

9VAC5-130. Regulation for Open Burning (amending 

9VAC5-130-20, 9VAC5-130-40, 9VAC5-130-100) (Rev. D11). 

Statutory Authority: § 10.1-1308 of the Code of Virginia; 

Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 

40 CFR Parts 51 and 60. 

Effective Date: August 17, 2011. 

Agency Contact: Debra Miller, Department of Environmental 

Quality, 629 East Main Street, P.O. Box 1105, Richmond, 

VA 23218, telephone (804) 698-4206, FAX (804) 698-4346, 

or email debra.miller@deq.virginia.gov. 

Summary:

Amendment 7 to the Solid Waste Management Regulations 

recodified those regulations and created 9VAC20-81, 

which became effective March 16, 2011. This action 

updates the citations to the Solid Waste Management 

Regulations in the State Air Pollution Control Board's 

regulations.

9VAC5-40-5810. 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 Chapter 10 

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

C. Terms defined. 

"Active collection system" means a gas collection system 

that uses gas mover equipment. 

"Active landfill" means a landfill in which solid waste is 

being placed or a landfill that is planned to accept waste in 

the future. 

"CERCLA" means the federal Comprehensive 

Environmental Response, Compensation and Liability Act 

(42 USC § 9601 et seq.). 

"Closed landfill" means a landfill in which solid waste is no 

longer being placed, and in which no additional solid wastes 

will be placed without first filing a notification of 

modification, as prescribed under 40 CFR 60.7(a)(4), with the 

board. Once a notification of modification has been filed, and 

additional solid waste is placed in the landfill, the landfill is 

no longer closed. 

"Closure" means that point in time when a landfill becomes 

a closed landfill. 

"Commenced" means that an owner has undertaken a 

continuous program of construction or modification or that an 

owner has entered into a contractual obligation to undertake 

Volume 27, Issue 23 Virginia Register of Regulations July 18, 2011 

2506 
General Notices/Errata 

Volume 27, Issue 24 Virginia Register of Regulations August 1, 2011 

2646 

ERRATA 

STATE AIR POLLUTION CONTROL BOARD 

Title of Regulation: 9VAC5-80. Permits for Stationary 

Sources (Rev. A-11). 

Publication: 27:23 VA.R. 2477-2506 July 18, 2011. 

Correction to Final Regulation:

Page 2494, first column, 9VAC5-80-1765 F, line 14, strike 

"particulate matter" and insert "PM2.5, PM10" 

VA.R. Doc. No. R11-2833; Filed July 18, 2011, 1:21 p.m. 
ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

The complete record of public participation activities is located at the Air Division of the 

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division.

The state did not receive testimony on this particular revision.

TEMPLATES\SIP-REG\REG03-b2

SIP\MAJOR NSR\A11-SIP-3.DOC