Virginia Administrative Code

Database updated through April 1, 2011

Article 8 

Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant 

Deterioration Areas 

9VAC5-80-1605. Applicability. 

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

project at an existing major stationary source. 

B. The provisions of this article apply in prevention of significant deterioration areas designated in 

9VAC5-20-205. 

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

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

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

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

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

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

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

construction of all major stationary sources and major modifications. 

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

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

(9VAC5-80-2000 et seq.) of this part. 

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

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

state-only enforceable under 9VAC5-80-1625 G. 

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

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

complete under the provisions of 9VAC5-80-1775 A prior to September 1, 2006. Any permit applications 

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

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provisions. 

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

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

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

require a permit. 

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

1. Except as otherwise provided in subsection H of this subsection, and consistent with the 

definition of "major modification," a project is a major modification for a regulated NSR pollutant if it 

causes two types of emissions increases: a significant emissions increase, and a significant net 

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

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

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

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

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

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

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

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

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

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

emissions increase. 

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

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

regulated NSR pollutant is projected to occur if the sum of the difference between the projected 

actual emissions and the baseline actual emissions, for each existing emissions unit, is significant 

for that pollutant. 

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

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

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

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

these units before the project is significant for that pollutant. 

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

provided in this subdivision. A significant emissions increase of a regulated NSR pollutant is

projected to occur if the sum of the emissions increases for each emissions unit, using the method 

specified in subdivisions 3 and 4 of this subdivision as applicable with respect to each emissions 

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

involves both an existing emissions unit and a new unit, the projected increase is determined by 

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

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

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

source shall comply with the requirements under 9VAC5-80-1865. 

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

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

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

60. 

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

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

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

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 

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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 

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 

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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 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. 

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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: 

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 

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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 fiveyear 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. 

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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 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) 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 the pollutant for which the minor source 

baseline date is established. 

b. Area redesignations under § 107(d)(3) 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. 

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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 and sulfur dioxide, January 6, 1975; and 

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

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 and sulfur dioxide, August 7, 1977; and 

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

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) 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 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-bycase basis, taking into account energy, environmental, and economic impacts and other costs,

determines is achievable for such source or modification through application of production processes or 

available methods, systems, and techniques, including fuel cleaning or treatment or innovative fuel

combustion techniques for control of such pollutant. In no event shall application of best available control 

technology result in emissions of any pollutant that would exceed the emissions allowed by any applicable 

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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, 

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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 

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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. 

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, 

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§ 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. 

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"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 selfgovernment. 

"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" 

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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 

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(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: 

(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. 

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(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. 

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(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. 

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(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). 

(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 

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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; 

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(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 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 

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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

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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%; 

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: 

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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); 

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. 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 

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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: 

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

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

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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 

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quality standards during the project and after it is terminated. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

Volume 25, Issue 6, eff. December 31, 2008; Volume 25, Issue 20, eff. July 23, 2009; Volume 27, Issue 

11, eff. March 2, 2011. 

9VAC5-80-1625. General. 

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

major modification without first obtaining from the board a permit to construct and operate such source. 

The permit will state that the major stationary source or major modification shall meet all the applicable 

requirements of this article. 

B. The requirements of this article apply to the construction of any new major stationary source or the 

major modification of any existing major stationary source, except as this article otherwise provides. 

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

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

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

a public hearing will be held as provided in 9VAC5-80-1775. 

E. The board will take actions to combine permit terms and conditions as provided in 9VAC5-80-1915. 

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

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

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

such actions shall be taken under 9VAC5-80-1925 as explained in subsection F of this section. 

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

80-1925. Nothing in this subsection is intended to imply that once an action has been taken to make a 

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

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

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

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

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

subdivision 2 of this subsection. 

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

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

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

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

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

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

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

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

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

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

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

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

determining the applicability of this article. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

Volume 25, Issue 20, eff. July 23, 2009. 

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: 

MAXIMUM ALLOWABLE INCREASE 

(micrograms per cubic meter)

Class I

Particulate matter:

PM10, annual arithmetic mean 4

PM10, 24 hour maximum 8

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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. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1645. Ambient air ceilings. 

No concentration of a pollutant shall exceed: 

1. The concentration permitted under the secondary ambient air quality standard, or 

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:

PM10, annual arithmetic mean 17

PM10, 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

Particulate matter:

PM10, annual geometric mean 34

PM10, 24 hour maximum 60

Sulfur dioxide:

Annual arithmetic mean 40

24-hour maximum 182

Three-hour maximum 700

Nitrogen dioxide:

Annual arithmetic mean 50

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2. The concentration permitted under the primary ambient air quality standard, whichever

concentration is lowest for the pollutant for a period of exposure. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1655. Applications. 

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

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

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

all units in the project may be submitted. A separate application is required for each location. 

B. For projects with phased development, a single application may be submitted covering the entire 

project. 

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

of 9VAC5-20-230. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1665. Compliance with local zoning requirements. 

No provision of this part or any permit issued thereunder shall relieve an owner of the responsibility to 

comply in all respects with any existing zoning ordinances and regulations in the locality in which the 

source is located or proposes to be located; provided, however, that such compliance does not relieve the 

board of its duty under 9VAC5-170-170 and § 10.1-1307 E of the Virginia Air Pollution Control Law to 

independently consider relevant facts and circumstances. 

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Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1675. Compliance determination and verification by performance testing. 

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

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

50-30. 

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

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

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

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

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

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

methodology; 

2. Approves the use of an equivalent method; 

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

adequate for indicating whether a specific source is in compliance; 

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

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

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

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

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

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

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

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

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startup date. 

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

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

federal requirements promulgated under the federal Clean Air Act. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1685. Stack heights. 

A. The provisions of 9VAC5-50-20 H apply. 

B. Prior to issuing a permit with a new or revised emission limitation that is based on a good 

engineering practice stack height that exceeds the height allowed by subdivision 1 or 2 of the GEP 

definition in 9VAC5-10-20, the board will notify the public of the availability of the demonstration study 

specified in subdivision 3 of the GEP definition and will provide opportunity for public hearing on it using 

the procedures set forth in 9VAC5-80-1775. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1695. 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 

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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. 

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. 

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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; 

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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 

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 

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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 residual oil to fire industrial boilers.

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

a major modification.

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

Volume 25, Issue 6, eff. December 31, 2008; Volume 25, Issue 20, eff. July 23, 2009; Volume 27, Issue 

11, eff. March 2, 2011. 

9VAC5-80-1700. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1705. Control technology review. 

A. A major stationary source or major modification shall meet each applicable emissions limitation 

under the implementation plan and each applicable emissions standard and standard of performance 

under 40 CFR Parts 60, 61 and 63. 

B. A new major stationary source shall apply best available control technology for each regulated NSR 

pollutant that it would have the potential to emit in significant amounts. 

C. A major modification shall apply best available control technology for each regulated NSR pollutant 

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for which it would result in a significant net emissions increase at the source. This requirement applies 

to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a 

result of a physical change or change in the method of operation in the unit. 

D. For phased construction projects, the determination of best available control technology shall be 

reviewed and modified as appropriate at the latest reasonable time that occurs no later than 18 months 

prior to commencement of construction of each independent phase of the project. At such time, the owner 

of the applicable stationary source may be required to demonstrate the adequacy of any previous

determination of best available control technology for the source. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1710. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; amended, Virginia Register 

Volume 18, Issue 7, eff. February 1, 2002; repealed, Virginia Register Volume 22, Issue 23, eff.

September 1, 2006. 

9VAC5-80-1715. Source impact analysis. 

A. 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. Any ambient air quality standard in any air quality control region; or 

2. Any applicable maximum allowable increase over the baseline concentration in any area. 

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. 

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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: 

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. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1720. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1725. Air quality models. 

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

NO2 1.0 μg/m3

CO 500 μg/m3 2000 μg/m3

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A. All applications of air quality modeling involved in this article shall be based on the applicable air 

quality models, data bases, and other requirements specified in Appendix W to 40 CFR Part 51. 

B. Where an air quality impact model specified in Appendix W to 40 CFR Part 51 is inappropriate, the 

model may be modified or another model substituted. Such a modification or substitution of a model may 

be made on a case-by-case basis, or, where appropriate, on a generic basis for a specific state program. 

Written approval of the administrator shall be obtained for any modification or substitution. In addition, use 

of a modified or substituted model shall be subject to notice and opportunity for public comment under 

procedures developed in accordance with 9VAC5-80-1775. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1730. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1735. Air quality analysis. 

A. Preapplication analysis shall be conducted as follows: 

1. Any application for a permit under this article shall contain an analysis of ambient air quality in 

the area that the major stationary source or major modification would affect for each of the 

following pollutants: 

a. For the source, each pollutant that it would have the potential to emit in a significant amount; 

b. For the modification, each pollutant for which it would result in a significant net emissions 

increase. 

2. With respect to any such pollutant for which no ambient air quality standard exists, the analysis 

shall contain such air quality monitoring data as the board determines is necessary to assess 

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ambient air quality for that pollutant in any area that the emissions of that pollutant would affect. 

3. With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a 

standard does exist, the analysis shall contain continuous air quality monitoring data gathered for 

purposes of determining whether emissions of that pollutant would cause or contribute to a

violation of the standard or any maximum allowable increase. 

4. In general, the continuous air quality monitoring data that is required shall have been gathered 

over a period of at least one year and shall represent at least the year preceding receipt of the 

application, except that, if the board determines that a complete and adequate analysis can be 

accomplished with monitoring data gathered over a period shorter than one year (but not to be less 

than four months), the data that is required shall have been gathered over at least that shorter 

period. 

5. The owner of a proposed stationary source or modification of volatile organic compounds who 

satisfies all conditions of §IV of Appendix S to 40 CFR Part 51 may provide post-approval 

monitoring data for ozone in lieu of providing preconstruction data as required under this

subsection. 

B. The owner of a major stationary source or major modification shall, after construction of the 

stationary source or modification, conduct such ambient monitoring as the board determines is necessary 

to determine the effect emissions from the stationary source or modification may have, or are having, on 

air quality in any area. 

C. The owner of a major stationary source or major modification shall meet the requirements of

Appendix B to 40 CFR Part 58 during the operation of monitoring stations for purposes of satisfying this 

section. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1740. [Repealed] 

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Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1745. Source information. 

The owner of a proposed source or modification shall submit all information necessary to perform any 

analysis or make any determination required under this article. 

A. With respect to a source or modification to which 9VAC5-80-1705, 9VAC5-80-1715, 9VAC5-80-

1735, and 9VAC5-80-1755 apply, such information shall include: 

1. A description of the nature, location, design capacity, and typical operating schedule of the 

source or modification, including specifications and drawings showing its design and plant layout; 

2. A detailed schedule for construction of the source or modification; 

3. A detailed description as to what system of continuous emission reduction is planned for the 

source or modification, emission estimates, and any other information necessary to determine that 

best available control technology would be applied. 

B. Upon request of the board, the owner shall also provide information on: 

1. The air quality impact of the source or modification, including meteorological and topographical 

data necessary to estimate such impact; and 

2. The air quality impacts, and the nature and extent of any or all general commercial, residential, 

industrial, and other growth that has occurred since the baseline date in the area the source or 

modification would affect. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1750. [Repealed] 

Historical Notes 

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Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1755. Additional impact analyses. 

A. The owner shall provide an analysis of the impairment to visibility, soils and vegetation that would 

occur as a result of the source or modification and general commercial, residential, industrial and other 

growth associated with the source or modification. The owner need not provide an analysis of the impact 

on vegetation having no significant commercial or recreational value. 

B. The owner shall provide an analysis of the air quality impact projected for the area as a result of 

general commercial, residential, industrial and other growth associated with the source or modification. 

C. The board may require monitoring of visibility in any federal class I area near the proposed new 

stationary source or major modification for such purposes and by such means as the board deems

necessary and appropriate. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1760. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

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. 

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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 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 

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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: 

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 

MAXIMUM ALLOWABLE INCREASE 

(micrograms per cubic meter) 

Particulate matter:

PM10, annual geometric mean 17

PM10, 24 hour maximum 30

Sulfur dioxide:

Annual arithmetic mean 20

24-hour maximum 91

Three-hour maximum 325

Nitrogen dioxide:

Annual arithmetic mean 25

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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: 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

Volume 25, Issue 6, eff. December 31, 2008. 

9VAC5-80-1770. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

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

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9VAC5-80-1773. Action on permit application.

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

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

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

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

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

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

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

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

the purpose of this article, the date on which the board received all required information and the

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

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

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

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

1. Complete the preliminary review and analysis in accordance with 9VAC5-80-1705 and the 

preliminary determination whether construction should be approved, approved with conditions, or 

disapproved.

2. Complete the public participation requirements in accordance with 9VAC5-80-1775.

3. Consider the public comments received in accordance with 9VAC5-80-1775.

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

C. The board will consider all written comments submitted within a time specified in the notice of public 

comment and all comments received at any public hearing in making a final decision on the application. 

No later than 10 days after the close of the public comment period, the applicant may submit a written 

response to any comments submitted by the public. The board will consider the applicant's response in 

making a final decision. The board will make all comments available for public inspection in the same 

locations where the board made available preconstruction information relating to the proposed source or 

modification.

D. The board will make a final decision on an application after completion of the steps in subsections 

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B and C of this section except in cases where direct consideration of the application by the board is 

granted pursuant to 9VAC5-80-25. The board will review any request made under 9VAC5-80-1775 G, and 

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

chapter.

E. The board will notify the applicant in writing of the final decision and make such notification 

available for public inspection at the same location where the board made available preconstruction 

information and public comments relating to the source or modification.

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

170 (Regulation for General Administration).

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

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

made available for public inspection at the same location as was the information in 9VAC5-80-1775 F 1.

Statutory Authority

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

51, 61, 63, 70 and 72. 

Historical Notes

Derived from Virginia Register Volume 25, Issue 6, eff. December 31, 2008.

9VAC5-80-1775. Public participation. 

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

1773 A, the applicant shall notify the public about the proposed source as required in subsection B of this 

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

public as required in subsection C of this section. 

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

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

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

and the time and place of the informational briefing. 

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

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

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

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

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

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

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

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

application review process. 

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

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

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

section. 

E. The board will provide opportunity for a public hearing for interested persons to appear and submit 

written or oral comments on the air quality impact of the source or modification, alternatives to the source 

or modification, the control technology required, and other appropriate considerations.

F. The board will notify the public, by advertisement in a newspaper of general circulation in each 

region in which the proposed source or modification would be constructed, of the application, the

preliminary determination, the degree of increment consumption that is expected from the source or 

modification, and the opportunity for comment at a public hearing as well as written public comment. The 

notification will contain a statement of the estimated local impact of the proposed source or modification, 

which at a minimum will provide information regarding specific pollutants and the total quantity of each 

that may be emitted, and will list the type and quantity of any fuels to be used. The notification will be 

published at least 30 days prior to the day of the public hearing. Written comments will be accepted by the 

board for at least 15 days after any hearing, unless the board votes to shorten the period.

1. All materials the applicant submitted (exclusive of confidential information under 9VAC5-170-

60), a copy of the preliminary determination and a copy or summary of other materials, if any, 

considered in making the preliminary determination will be available for public inspection during the 

entire public comment period in at least one location in the affected air quality control region.

2. A copy of the notice will be sent to the applicant, the administrator and to officials and agencies 

having cognizance over the location where the proposed construction would occur as follows: local 

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air pollution control agencies, the chief elected official and chief administrative officer of the city 

and county where the source or modification would be located and any other locality particularly 

affected, the planning district commission, and any state, federal land manager, or Indian

governing body whose lands may be affected by emissions from the source or modification.

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

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

Virginia Air Pollution Control Law.

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

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

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

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

contain the following information:

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

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

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

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

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

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

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

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

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

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

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

Control Law.

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

action on the request as provided in 9VAC5-80-1773 D.

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

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

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

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

J. If appropriate, the board may hold a public briefing on the preliminary determination prior to the 

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

board will notify the public of the time and place of the briefing by advertisement in a newspaper of 

general circulation in the air quality control region in which the proposed source or modification would be 

constructed. The notification will be published at least 30 days prior to the day of the briefing.

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

Volume 25, Issue 6, eff. December 31, 2008. 

9VAC5-80-1780. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1785. Source obligation. 

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

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

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

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

enforcement action including, but not limited to, any specified in 9VAC5-80-1985. 

B. The provisions of this subsection apply to projects at an existing emissions unit at a major

stationary source (other than projects at a source with a PAL) in circumstances where there is a

reasonable possibility that a project that is not a part of a major modification may result in a significant 

emissions increase and the owner elects to use the method specified in subdivisions a through c of the 

definition of "projected actual emissions" for calculating projected actual emissions. 

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

record of the following information: 

a. A description of the project; 

b. Identification of the emissions unit(s) whose emissions of a regulated NSR pollutant could be 

affected by the project; and 

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

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

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

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

excluded, and any netting calculations, if applicable. 

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

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

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

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

construction. 

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

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

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

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

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

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

such emissions unit. 

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

the board within 60 days after the end of each calendar year during which records must be 

generated under subdivision 3 of this subsection setting out the unit's annual emissions during the 

calendar year that preceded submission of the report. 

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

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

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

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

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

documented and maintained pursuant to subdivision 1 c of this subsection. Such report shall be 

submitted to the board within 60 days after the end of such calendar year. The report shall contain 

the following: 

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

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

c. Any other information that the owner wishes to include in the report (for example, an

explanation as to why the emissions differ from the preconstruction projection). 

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

pursuant to subsection B of this section available for review upon a request for inspection by the board or 

the general public pursuant to the requirements contained in 9VAC5-170-60. 

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

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

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

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

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

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

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

subsection B is a part of a major modification that resulted in a significant emissions increase, the board 

will proceed as if the owner is in violation of 9VAC5-80-1625 A and may institute appropriate enforcement 

action as provided in subsection A of this section. Nothing in this subsection shall be construed to require 

the owner of the source to obtain any determination from the board before beginning actual construction. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1790. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1795. Environmental impact statements. 

Whenever any proposed source or modification is subject to action by a federal agency that might 

necessitate preparation of an environmental impact statement pursuant to the National Environmental 

Policy Act (42 USC 4321), review conducted pursuant to this article shall be coordinated by the

administrator with the broad environmental reviews under that Act and under § 309 of the federal Clean 

Air Act to the maximum extent feasible and reasonable. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1800. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1805. Disputed permits. 

If a permit is proposed to be issued for any major stationary source or major modification proposed for 

construction in any state that the governor of an affected state or Indian governing body of an affected 

tribe determines will cause or contribute to a cumulative change in air quality in excess of that allowed in 

this part within the affected state or Indian reservation, the governor or Indian governing body may

request the administrator to enter into negotiations with the persons involved to resolve such dispute. If 

requested by any state or Indian governing body involved, the administrator shall make a

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recommendation to resolve the dispute and protect the air quality related values of the lands involved. 

If the persons involved do not reach agreement, the administrator shall resolve the dispute. The

administrator's determination, or the results of agreements reached through other means, shall become 

part of the applicable implementation plan and shall be enforceable as part of such plan. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1810. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1815. Interstate pollution abatement. 

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

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

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

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

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

modification emits or would emit any air pollutant in amounts that will prevent attainment or maintenance 

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

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

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

petition. 

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

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

under the provisions of subsection B of this section. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1820. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1825. Innovative control technology. 

A. Prior to the close of the public comment period under 9VAC5-80-1775, an owner of a proposed 

major stationary source or major modification may request, in writing, that the board approve a system of 

innovative control technology. 

B. The board, with the consent of the governor(s) of affected state(s), will determine that the source or 

modification may employ a system of innovative control technology, if: 

1. The proposed control system would not cause or contribute to an unreasonable risk to public 

health, welfare, or safety in its operation or function; 

2. The owner agrees to achieve a level of continuous emissions reduction equivalent to that which 

would have been required under 9VAC5-80-1705 B by a date specified by the board. Such date 

shall not be later than four years from the time of startup or seven years from permit issuance; 

3. The source or modification would meet the requirements of 9VAC5-80-1705 and 9VAC5-80-

1715 based on the emissions rate that the stationary source employing the system of innovative 

control technology would be required to meet on the date specified by the board; 

4. The source or modification would not, before the date specified by the board: 

a. Cause or contribute to a violation of an applicable ambient air quality standard; or 

b. Affect any area where an applicable increment is known to be violated; 

5. All other applicable requirements including those for public participation have been met; and 

6. The provisions of 9VAC5-80-1765 (relating to class I areas) have been satisfied with respect to 

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all periods during the life of the source or modification. 

C. The board will withdraw any approval to employ a system of innovative control technology made 

under this article, if: 

1. The proposed system fails by the specified date to achieve the required continuous emissions 

reduction rate; or 

2. The proposed system fails before the specified date so as to contribute to an unreasonable risk 

to public health, welfare, or safety; or 

3. The board decides at any time that the proposed system is unlikely to achieve the required level 

of control or to protect the public health, welfare, or safety. 

D. If a source or modification fails to meet the requirement level of continuous emission reduction 

within the specified time period or the approval is withdrawn in accordance with subsection C of this 

section, the board may allow the source or modification up to an additional three years to meet the 

requirement for the application of best available control technology through use of a demonstrated system 

of control. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1830. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1835. [Reserved] 

9VAC5-80-1840. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1845. [Reserved] 

9VAC5-80-1850. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1855. [Reserved] 

9VAC5-80-1860. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1865. Actuals plantwide applicability limits (PALs). 

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

PAL meets the requirements of this section. The term "PAL" shall mean "actuals PAL" throughout this 

section. 

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

maintains its total sourcewide emissions below the PAL level, meets the requirements of this

section, and complies with the PAL permit: 

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

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

c. Is not subject to the provisions in 9VAC5-80-1605 C (restrictions on relaxing enforceable 

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

NSR program). 

2. Except as provided under subdivision 1 c of this subsection, a major stationary source shall 

continue to comply with all applicable federal or state requirements, emission limitations, and work 

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

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

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submit the following information to the board for approval: 

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

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

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

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

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

emissions associated with startup, shutdown, and malfunction. 

3. The calculation procedures that the major stationary source owner proposes to use to convert 

the monitoring system data to monthly emissions and annual emissions based on a 12-month 

rolling total for each month as required by subdivision N 1 of this section. 

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

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

following requirements are met: 

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

practical matter, for the entire major stationary source. For each month during the PAL effective 

period after the first 12 months of establishing a PAL, the major stationary source owner shall 

show that the sum of the monthly emissions from each emissions unit under the PAL for the 

previous 12 consecutive months is less than the PAL (a 12-month average, rolled monthly). For 

each month during the first 11 months from the PAL effective date, the major stationary source 

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

for each emissions unit under the PAL is less than the PAL. 

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

requirements in subsection D of this section. 

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

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

that emit or have the potential to emit the PAL pollutant at the major stationary source. 

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

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

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g. The owner of the major stationary source with a PAL shall comply with the monitoring, 

recordkeeping, and reporting requirements provided in subsections M through O of this section 

for each emissions unit under the PAL through the PAL effective period. 

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

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

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

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

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

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

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

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

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

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

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

applicable significant (as reflected in the definition of "significant") level for the PAL pollutant. When 

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

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

24-month period shall be used for each different PAL pollutant unless the owner can demonstrate to the 

satisfaction of the board that a different consecutive 24-month period for a different pollutant or pollutants 

is more appropriate due to extenuating circumstances. Emissions associated with units that were

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

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

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

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

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

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

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

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

of such units. 

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

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

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

3. Specification in the PAL permit that if a major stationary source owner applies to renew a PAL in 

accordance with subsection J of this section before the end of the PAL effective period, then the 

PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised 

PAL permit is issued by the board, or until the board determines that the revised PAL permit will 

not be issued. 

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

startups, shutdowns, and malfunctions. 

5. A requirement that, once the PAL expires, the major stationary source is subject to the

requirements of subsection I of this section. 

6. The calculation procedures that the major stationary source owner shall use to convert the 

monitoring system data to monthly emissions and annual emissions based on a 12-month rolling 

total as required by subdivision N 1 of this section. 

7. A requirement that the major stationary source owner monitor all emissions units in accordance 

with the provisions under subsection M of this section. 

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

records may be retained in an electronic format. 

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

deadlines. 

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

G. The PAL effective period shall be five years. 

H. The requirements for the reopening of the PAL permit set forth in this subsection shall apply to 

actuals PALs. 

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

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

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determination of emissions used to establish the PAL; 

b. Reduce the PAL if the owner of the major stationary source creates creditable emissions 

reductions for use as offsets under 9VAC5-80-2120 F through N; and 

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

section. 

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

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

compliance dates after the PAL effective date. 

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

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

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

contributing to a violation of an ambient air standard or ambient air increment in 9VAC5-80-

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

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

general public. 

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

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

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

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

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

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

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

procedures: 

a. Within the time frame specified for PAL renewals in subdivision J 2 of this section, the major 

stationary source shall submit a proposed allowable emission limitation for each emissions unit 

(or each group of emissions units, if such a distribution is more appropriate as decided by the 

board) by distributing the PAL allowable emissions for the major stationary source among each 

of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an 

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applicable requirement that became effective during the PAL effective period, as required under 

subdivision J 5 of this section, such distribution shall be made as if the PAL had been adjusted. 

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

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

emissions units, as the board determines is appropriate. 

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

basis. The board may approve the use of monitoring systems (source testing, emission factors, 

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

emission limitation. 

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

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

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

PAL emission limitation. 

4. Any physical change or change in the method of operation at the major stationary source will be 

subject to major NSR program requirements if such change meets the definition of "major

modification." 

5. The major stationary source owner shall continue to comply with any state or federal applicable 

requirements (such as BACT, RACT, or NSPS) that may have applied either during the PAL 

effective period or prior to the PAL effective period except for those emission limitations that had 

been established pursuant to 9VAC5-80-1605 C, but were eliminated by the PAL in accordance 

with the provisions in subdivision A 1 c of this section. 

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

PALs. 

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

request to renew a PAL for a major stationary source, and shall provide both the proposed PAL 

level and a written rationale for the proposed PAL level to the public for review and comment. 

During such public review, any person may propose a PAL level for the source for consideration by 

the board. 

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2. A major stationary source owner shall submit a timely application to the board to request

renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not 

earlier than 18 months from, the date of permit expiration. This deadline for application submittal is 

to ensure that the permit will not expire before the permit is renewed. If the owner of a major 

stationary source submits a complete application to renew the PAL within this time period, then the 

PAL shall continue to be effective until the revised permit with the renewed PAL is issued, or until 

the board determines that the revised permit with the renewed PAL will not be issued, and a permit 

is issued pursuant to subsection I of this section. 

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

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

b. A proposed PAL level. 

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

documentation). 

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

level for renewing the PAL. 

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

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

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

subdivision 3 of this subdivision. 

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

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

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

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

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

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

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

identified by the board in a written rationale. 

3. Notwithstanding subdivisions 1 and 2 of this subsection: 

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

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

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

major stationary source has complied with the provisions of subsection L of this section. 

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

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

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

whichever occurs first. 

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

shall apply to actuals PALs. 

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

source complies with the following provisions: 

a. The owner of the major stationary source shall submit a complete application to request an 

increase in the PAL limit for a PAL major modification. Such application shall identify the 

emissions units contributing to the increase in emissions so as to cause the major stationary 

source's emissions to equal or exceed its PAL. 

b. As part of this application, the major stationary source owner shall demonstrate that the sum 

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

actual emissions of the significant and major emissions units assuming application of BACT 

equivalent controls, plus the sum of the allowable emissions of the new or modified emissions 

units exceeds the PAL. The level of control that would result from BACT equivalent controls on 

each significant or major emissions unit shall be determined by conducting a new BACT 

analysis at the time the application is submitted, unless the emissions unit is currently required 

to comply with a BACT or LAER requirement that was established within the preceding five 

years. In such a case, the assumed control level for that emissions unit shall be equal to the 

level of BACT or LAER with which that emissions unit shall currently comply. 

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

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

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

requirements resulting from the major NSR program process (e.g., BACT), even though they 

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

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

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

the PAL pollutant. 

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

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

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

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

emissions units. 

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

requirements of subsection D of this section. 

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

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

PALs. 

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

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

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

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

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

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

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

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

must be approved by the board. 

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

monitoring approach that meets subdivision 1 a of this subsection if approved by the board. 

d. Failure to use a monitoring system that meets the requirements of this section renders the 

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PAL invalid. 

2. The following are acceptable general monitoring approaches when conducted in accordance 

with the minimum requirements in subdivisions 3 through 9 of this subsection: 

a. Mass balance calculations for activities using coatings or solvents; 

b. CEMS; 

c. CPMS or PEMS; and 

d. Emission factors. 

3. An owner using mass balance calculations to monitor PAL pollutant emissions from activities 

using coating or solvents shall meet the following requirements: 

a. Provide a demonstrated means of validating the published content of the PAL pollutant that 

is contained in or created by all materials used in or at the emissions unit; 

b. Assume that the emissions unit emits all of the PAL pollutant that is contained in or created 

by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted 

for in the process; and 

c. Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a 

range of pollutant content from such material, the owner shall use the highest value of the 

range to calculate the PAL pollutant emissions unless the board determines there is sitespecific data or a site-specific monitoring program to support another content within the range. 

4. An owner using CEMS to monitor PAL pollutant emissions shall meet the following

requirements: 

a. CEMS shall comply with applicable Performance Specifications found in 40 CFR Part 60, 

Appendix B; and 

b. CEMS shall sample, analyze and record data at least every 15 minutes while the emissions 

unit is operating. 

5. An owner using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following 

requirements: 

a. The CPMS or the PEMS shall be based on current site-specific data demonstrating a 

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correlation between the monitored parameters and the PAL pollutant emissions across the 

range of operation of the emissions unit; and 

b. Each CPMS or PEMS shall sample, analyze, and record data at least every 15 minutes, or at 

another less frequent interval approved by the board, while the emissions unit is operating. 

6. An owner using emission factors to monitor PAL pollutant emissions shall meet the following 

requirements: 

a. All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty 

or limitations in the factors' development; 

b. The emissions unit shall operate within the designated range of use for the emission factor, if 

applicable; and 

c. If technically practicable, the owner of a significant emissions unit that relies on an emission 

factor to calculate PAL pollutant emissions shall conduct validation testing to determine a sitespecific emission factor within six months of PAL permit issuance, unless the board determines 

that testing is not required. 

7. A source owner shall record and report maximum potential emissions without considering 

enforceable emission limitations or operational restrictions for an emissions unit during any period 

of time that there is no monitoring data, unless another method for determining emissions during 

such periods is specified in the PAL permit. 

8. Notwithstanding the requirements in subdivisions 3 through 7 of this subsection, where an owner 

of an emissions unit cannot demonstrate a correlation between the monitored parameters and the 

PAL pollutant emissions rate at all operating points of the emissions unit, the board will, at the time 

of permit issuance: 

a. Establish default values for determining compliance with the PAL based on the highest

potential emissions reasonably estimated at such operating points; or 

b. Determine that operation of the emissions unit during operating conditions when there is no 

correlation between monitored parameters and the PAL pollutant emissions is a violation of the 

PAL. 

9. All data used to establish the PAL pollutant shall be revalidated through performance testing or 

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other scientifically valid means approved by the board. Such testing shall occur at least once every 

five years after issuance of the PAL. 

N. The requirements for recordkeeping in the PAL permit set forth in this subsection shall apply to 

actuals PALs. 

1. The PAL permit shall require an owner to retain a copy of all records necessary to determine 

compliance with any requirement of this section and of the PAL, including a determination of each 

emissions unit's 12-month rolling total emissions, for five years from the date of such record. 

2. The PAL permit shall require an owner to retain a copy of the following records for the duration 

of the PAL effective period plus five years: 

a. A copy of the PAL permit application and any applications for revisions to the PAL; and 

b. Each annual certification of compliance pursuant to the federal operating permit and the data 

relied on in certifying the compliance. 

O. The owner shall submit semi-annual monitoring reports and prompt deviation reports to the board 

in accordance with the federal operating permit program. The reports shall meet the following

requirements: 

1. The semi-annual report shall be submitted to the board within 30 days of the end of each 

reporting period. This report shall contain the following information: 

a. The identification of owner and operator and the permit number. 

b. Total annual emissions (tons per year) based on a 12-month rolling total for each month in 

the reporting period recorded pursuant to subdivision N 1 of this section. 

c. All data relied upon, including, but not limited to, any quality assurance or quality control 

data, in calculating the monthly and annual PAL pollutant emissions. 

d. A list of any emissions units modified or added to the major stationary source during the 

preceding six-month period. 

e. The number, duration, and cause of any deviations or monitoring malfunctions (other than 

the time associated with zero and span calibration checks), and any corrective action taken. 

f. A notification of a shutdown of any monitoring system, whether the shutdown was permanent 

or temporary, the reason for the shutdown, the anticipated date that the monitoring system will 

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be fully operational or replaced with another monitoring system, and whether the emissions unit 

monitored by the monitoring system continued to operate, and the calculation of the emissions 

of the pollutant or the number determined by method included in the permit, as provided by 

subdivision M 7 of this section. 

g. A signed statement by the responsible official (as defined by the federal operating permit 

program) certifying the truth, accuracy, and completeness of the information provided in the 

report. 

2. The major stationary source owner shall promptly submit reports of any deviations or

exceedance of the PAL requirements, including periods where no monitoring is available. A report 

submitted pursuant to 9VAC5-80-110 F 2 B shall satisfy this reporting requirement. The deviation 

reports shall be submitted within the time limits prescribed by 9VAC5-80-110 F 2 B. The reports 

shall contain the following information: 

a. The identification of owner and operator and the permit number; 

b. The PAL requirement that experienced the deviation or that was exceeded; 

c. Emissions resulting from the deviation or the exceedance; and 

d. A signed statement by the responsible official (as defined by the applicable federal operating 

permit program) certifying the truth, accuracy, and completeness of the information provided in 

the report. 

3. The owner shall submit to the board the results of any revalidation test or method within three 

months after completion of such test or method. 

P. The board will not issue a PAL that does not comply with the requirements of this section after 

September 1, 2006. The board may supersede any PAL that was established prior to September 1, 2006, 

with a PAL that complies with the requirements of this section. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

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9VAC5-80-1870 to 9VAC5-80-1920. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1915. Actions to combine permit terms and conditions.

A. General requirements for actions to combine permit terms and conditions are as follows:

1. Except as provided in subdivision 3 of this subsection, the board may take actions to combine 

permit terms and conditions as provided under subsections B through E of this section.

2. Requests to combine permit terms and conditions may be initiated by the permittee or by the 

board.

3. Under no circumstances may an action to combine permit terms and conditions be used for any 

of the following:

a. To combine the terms and conditions of (i) a federal operating permit, (ii) a PAL permit, or (iii) 

any permit that is or will be part of the implementation plan.

b. To take an action to issue a permit or change a permit for the fabrication, erection,

installation, demolition, relocation, addition, replacement, or modification of an emissions unit 

that would result in a change in emissions that would otherwise (i) be subject to review under 

this article or (ii) require a permit or permit amendment under the new source review program.

c. To allow any stationary source or emissions unit to violate any federal requirement.

d. To take an action to issue a permit or change a permit for any physical change in or change 

in the method of operation of a major stationary source that is subject to the provisions in 

9VAC5-80-1605 C (restrictions on relaxing enforceable emission limitations that the major

stationary source used to avoid applicability of the major NSR program).

B. The board may take actions to combine the terms and conditions of state operating permits and 

new source review permits along with any changes to state operating permits and new source review 

permits.

C. If the board and the owner make a mutual determination that it facilitates improved compliance or 

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the efficient processing and issuing of permits, the board may take an action to combine the terms and 

conditions of permits for emissions units within a stationary source into one or more permits. Likewise the 

board may require that applications for permits for emissions units within a stationary source required by 

any permit program be combined into one application.

D. Actions to combine the terms and conditions of permits are subject to the following conditions:

1. Each term or condition in the combined permit shall be accompanied by a statement that

specifies and references the origin (enabling permit program) of, along with the regulatory or any 

other authority for, the term or condition.

2. Each term or condition in the combined permit shall be accompanied by a statement that

specifies the effective date of the term or condition.

3. Each term or condition in the combined permit shall be identified by its original designation (i.e., 

state-only enforceable or federally and state enforceable) consistent with the applicable

enforceability designation of the term or condition in the contributing permit.

4. Except as provided in subsection E of this section, all terms and conditions in the contributing 

permits shall be included in the combined permit without change. The combined permit will

supersede the contributing permits, which will no longer be effective.

E. Actions to make changes to permit terms and conditions as may be necessary to facilitate actions 

to combine permit terms and conditions may be accomplished in accordance with the minor amendment 

procedures (unless specified otherwise in this section) of the enabling permit program (i.e., the permit 

program that is the origin of the term or condition), subject to the following conditions:

1. Updates to regulatory or other authorities may be accomplished in accordance with the

administrative amendment procedures of the enabling permit program.

2. If two or more terms or conditions apply to the same emissions unit or emissions units and are 

substantively equivalent, the more restrictive of the duplicate terms or conditions may be retained 

and the less restrictive one removed, subject to the provisions of subdivision 4 of this subsection.

3. If two or more similar terms or conditions apply to the same emissions unit or emissions units 

and one is substantively more restrictive than the others, the more restrictive of the terms or

conditions shall be retained, regardless of whether the less restrictive terms or conditions are 

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removed. If the less restrictive of the similar terms or conditions is removed, the provisions of 

subdivision 4 of this subsection apply.

4. The removal of similar terms or conditions from contributing permits is subject to the following 

conditions:

a. If any one of the terms or conditions removed is federally and state enforceable, the more 

restrictive term or condition that is retained in the combined permit shall be federally and state 

enforceable.

b. If any one of the terms or conditions originates in a permit subject to a major NSR program, 

that major NSR program shall become the effective enabling permit program for the more 

restrictive term or condition that is retained in the combined permit. If more than one major NSR 

program is the basis for a term or condition, all of the applicable major NSR programs shall be 

the enabling permit program for that term or condition.

c. The regulatory basis for all of the similar terms or conditions that are removed shall be 

included in the reference for the term or condition that is retained. 

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 25, Issue 20, eff. July 23, 2009.

9VAC5-80-1925. Actions to change permits. 

A. The general requirements for actions to make changes to permits issued under this article are as 

follows: 

1. Except as provided in subdivision 3 of this subsection changes to a permit issued under this 

article shall be made as specified under subsections B and C of this section and 9VAC5-80-1935 

through 9VAC5-80-1965. 

2. Changes to a permit issued under this article may be initiated by the permittee as specified in 

subsection B of this section or by the board as specified in subsection C of this section. 

3. Changes to a permit issued under this article and incorporated into a permit issued under Article 

1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part shall be made as specified 

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in Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part. 

B. The requirements for changes initiated by the permittee are as follows: 

1. The permittee may initiate a change to a permit by submitting a written request to the board for 

an administrative permit amendment, a minor permit amendment or a significant permit

amendment. The requirements for these permit changes can be found in 9VAC5-80-1935 through 

9VAC5-80-1955. 

2. A request for a change by a permittee shall include a statement of the reason for the proposed 

change. 

C. The board may initiate a change to a permit through the use of permit reopenings as specified in 

9VAC5-80-1965. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

Volume 25, Issue 20, eff. July 23, 2009. 

9VAC5-80-1930. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1935. Administrative permit amendments. 

A. Administrative permit amendments shall be used for and limited to the following: 

1. Correction of typographical or any other error, defect or irregularity which does not substantially 

affect the permit. 

2. Identification of a change in the name, address, or phone number of any person identified in the 

permit, or of a similar minor administrative change at the source. 

3. Change in ownership or operational control of a source where the board determines that no 

other change in the permit is necessary, provided that a written agreement containing a specific 

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date for transfer of permit responsibility, coverage, and liability between the current and new

permittee has been submitted to the board and the requirements of 9VAC5-80-2170 have been 

fulfilled. 

B. The administrative permit amendment procedures are as follows: 

1. The board will normally take final action on a request for an administrative permit amendment no 

more than 60 days from receipt of the request. 

2. The board will incorporate the changes without providing notice to the public under 9VAC5-80-

1775. However, any such permit revisions shall be designated in the permit amendment as having 

been made pursuant to this section. 

3. The owner may implement the changes addressed in the request for an administrative

amendment immediately upon submittal of the request. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

Volume 25, Issue 20, eff. July 23, 2009. 

9VAC5-80-1940. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1945. Minor permit amendments. 

A. Minor permit amendment procedures shall be used only for those permit amendments that meet all 

of the following criteria: 

1. Do not violate any applicable federal requirement. 

2. Do not involve significant changes to existing monitoring, reporting, or recordkeeping

requirements that would make the permit requirements less stringent, such as a change to the 

method of monitoring to be used, a change to the method of demonstrating compliance or a 

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relaxation of reporting or recordkeeping requirements. 

3. Do not require or change a case-by-case determination of an emissions limitation or other 

requirement. 

4. Do not seek to establish or change a permit term or condition (i) for which there is no

corresponding underlying applicable regulatory requirement and (ii) that the source has assumed 

to avoid an applicable regulatory requirement to which the source would otherwise be subject. 

Such terms and conditions include, but are not limited to, an emissions cap assumed to avoid 

classification as a modification under the new source review program. 

5. Are not required to be processed as a significant amendment under 9VAC5-80-1955; or as an 

administrative permit amendment under 9VAC5-80-1935. 

B. Notwithstanding subsection A of this section, minor permit amendment procedures may be used for 

permit amendments that meet any of the following criteria: 

1. Involve the use of economic incentives, emissions trading, and other similar approaches, to the 

extent that such minor permit amendment procedures are explicitly provided for in a regulation of 

the board or a federally-approved program. 

2. Require new or more frequent monitoring or reporting by the permittee. 

3. Designate any term or permit condition that meets the criteria in 9VAC5-80-1625 G 1 as stateonly enforceable as provided in 9VAC5-80-1625 G 2 for any permit issued under this article or any 

regulation from which this article is derived. 

C. Minor permit amendment procedures may be used for permit amendments involving the rescission 

of a provision of a permit if the board and the owner make a mutual determination that the provision is 

rescinded because all of the underlying statutory or regulatory requirements (i) upon which the provision 

is based or (ii) that necessitated inclusion of the provision are no longer applicable. In order for the 

underlying statutory or regulatory requirements to be considered no longer applicable, the provision of the 

permit that is being rescinded must not cover a regulated NSR pollutant. 

D. A request for the use of minor permit amendment procedures shall include a description of the 

change, the emissions resulting from the change, and any new applicable regulatory requirements that 

will apply if the change occurs, along with a request that such procedures be used. The applicant may, at 

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the applicant's discretion, include a suggested proposed permit amendment.

E. The public participation requirements of 9VAC5-80-1775 shall not extend to minor permit

amendments. 

F. Normally within 90 days of receipt by the board of a complete request under minor permit

amendment procedures, the board will do one of the following: 

1. Issue the permit amendment as proposed. 

2. Deny the permit amendment request. 

3. Determine that the requested amendment does not meet the minor permit amendment criteria 

and should be reviewed under the significant amendment procedures. 

G. The requirements for making changes are as follows: 

1. The owner may make the change proposed in the minor permit amendment request immediately 

after the request is filed. 

2. After the change under subdivision 1 of this subsection is made, and until the board takes any of 

the actions specified in subsection F of this section, the source shall comply with both the

applicable regulatory requirements governing the change and the proposed permit amendment. 

3. During the time period specified in subdivision 2 of this subsection, the owner need not comply 

with the existing permit terms and conditions the owner seeks to modify if the applicant has

submitted a proposed permit amendment. However, if the owner fails to comply with the proposed 

permit terms and conditions during this time period, the existing permit terms and conditions the 

owner seeks to modify may be enforced against the owner. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

Volume 25, Issue 20, eff. July 23, 2009. 

9VAC5-80-1950. [Repealed] 

Historical Notes 

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Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1955. Significant amendment procedures. 

A. The criteria for use of significant amendment procedures are as follows: 

1. Significant amendment procedures shall be used for requesting permit amendments that do not 

qualify as minor permit amendments under 9VAC5-80-1945 or as administrative amendments

under 9VAC5-80-1935. 

2. Significant amendment procedures shall be used for those permit amendments that meet any of 

the following criteria: 

a. Involve significant changes to existing monitoring, reporting, or recordkeeping requirements 

that would make the permit requirements less stringent, such as a change to the method of 

monitoring to be used, a change to the method of demonstrating compliance or a relaxation of 

reporting or recordkeeping requirements. 

b. Require or change a case-by-case determination of an emissions limitation or other

requirement. 

c. Seek to establish or change a permit term or condition (i) for which there is no corresponding 

underlying applicable regulatory requirement and (ii) that the source has assumed to avoid an 

applicable regulatory requirement to which the source would otherwise be subject. Such terms 

and conditions include, but are not limited to, an emissions cap assumed to avoid classification 

as a modification under the new source review program. 

B. A request for a significant permit amendment shall include a description of the change, the 

emissions resulting from the change, and any new applicable regulatory requirements that will apply if the 

change occurs. The applicant may, at the applicant's discretion, include a suggested draft permit

amendment. 

C. The provisions of 9VAC5-80-1775 shall apply to requests made under this section. 

D. The board will normally take final action on significant permit amendments within 180 days after 

receipt of a complete request, except in cases where direct consideration of the request by the board is 

granted pursuant to 9VAC5-80-25. The board may extend this time period if additional information is 

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needed. 

E. The owner shall not make the change applied for in the significant amendment request until the 

amendment is approved by the board under subsection D of this section. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

Volume 25, Issue 6, eff. December 31, 2008; Volume 25, Issue 20, eff. July 23, 2009. 

9VAC5-80-1960. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1965. Reopening for cause. 

A. A permit may be reopened and amended under any of the following situations: 

1. Additional regulatory requirements become applicable to the emissions units covered by the 

permit after a permit is issued but prior to commencement of construction. 

2. The board determines that the permit contains a material mistake or that inaccurate statements 

were made in establishing the emissions standards or other terms or conditions of the permit. 

3. The board determines that the permit must be amended to assure compliance with the

applicable regulatory requirements or that the terms and conditions of the permit are not sufficient 

to meet all of the requirements contained in this article. 

B. Proceedings to reopen and reissue a permit shall follow the same procedures as apply to initial 

permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such 

reopening shall be made as expeditiously as practicable. 

C. Reopenings shall not be initiated before a notice of such intent is provided to the source by the 

board at least 30 days in advance of the date that the permit is to be reopened, except that the board may 

provide a shorter time period in the case of an emergency. 

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Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

Volume 25, Issue 20, eff. July 23, 2009. 

9VAC5-80-1970. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 5, eff. January 1, 1997; repealed, Virginia Register 

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

9VAC5-80-1975. Transfer of permits. 

A. No person shall transfer a permit from one location to another, or from one piece of equipment to 

another. 

B. In the case of a transfer of ownership of a stationary source, the new owner shall abide by any 

current permit issued to the previous owner. The new owner shall notify the board of the change in 

ownership within 30 days of the transfer. 

C. In the case of a name change of a stationary source, the owner shall abide by any current permit 

issued under the previous source name. The owner shall notify the board of the change in source name 

within 30 days of the name change. 

D. The provisions of this section concerning the transfer of a permit from one location to another shall 

not apply to the relocation of portable facilities that are exempt from the provisions of this article by 

9VAC5-80-1695 A 2. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1985. Permit invalidation, suspension, revocation, and enforcement. 

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A. A permit granted pursuant to this article shall become invalid if a program of continuous

construction or modification is not commenced within 18 months from the date the permit is granted. 

B. A permit granted pursuant to this article shall become invalid if a program of construction or

modification is discontinued for a period of 18 months or more or if a program of construction or

modification is not completed within a reasonable time. This provision does not apply to the period 

between construction of the approved phases of a phased construction project; each phase shall

commence construction within 18 months of the projected and approved commencement date. 

C. The board may extend the periods prescribed in subsections A and B of this section upon 

satisfactory demonstration that an extension is justified. Provided there is no substantive change to the 

application information, the review and analysis, and the decision of the board, such extensions may be 

granted using the procedures for minor amendments in 9VAC5-80-1945. 

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

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

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

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

appropriate enforcement action including, but not limited to, any specified in this section. 

E. Permits issued under this article shall be subject to such terms and conditions set forth in the permit 

as the board may deem necessary to ensure compliance with all applicable requirements of the

regulations of the board. 

F. The board may revoke any permit if the permittee: 

1. Knowingly makes material misstatements in the permit application or any amendments thereto; 

2. Fails to comply with the terms or conditions of the permit; 

3. Fails to comply with any emission standards applicable to an emissions unit included in the 

permit; 

4. Causes emissions from the stationary source that result in violations of, or interfere with the 

attainment and maintenance of, any ambient air quality standard; or fails to operate in

conformance with any applicable control strategy, including any emission standards or emission 

limitations, in the implementation plan in effect at the time that an application is submitted; or 

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5. Fails to comply with the applicable provisions of this article. 

G. The board may suspend, under such conditions and for such period of time as the board may 

prescribe, any permit for any of the grounds for revocation contained in subsection B of this section or for 

any other violations of the regulations of the board. 

H. The permittee shall comply with all terms and conditions of the permit. Any permit noncompliance 

constitutes a violation of the Virginia Air Pollution Control Law and is grounds for (i) enforcement action or 

(ii) revocation. 

I. Violation of the regulations of the board shall be grounds for revocation of permits issued under this 

article and are subject to the civil charges, penalties and all other relief contained in 9VAC5 Chapter 20 

(9VAC5-20) and the Virginia Air Pollution Control Law. 

J. The board will notify the applicant in writing of its decision, with its reasons to change, suspend or 

revoke a permit, or to render a permit invalid. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

9VAC5-80-1995. Existence of permit no defense. 

The existence of a permit under this article shall not constitute a defense to a violation of the Virginia 

Air Pollution Control Law (§ 10.1-1300 et seq. of the Code of Virginia) or the regulations of the board and 

shall not relieve any owner of the responsibility to comply with any applicable regulations, laws,

ordinances and orders of the governmental entities having jurisdiction. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

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

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