COMMONWEALTH OF VIRGINIA PAGE 1 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

9 VAC 5 CHAPTER 40.

EXISTING STATIONARY SOURCES.

PART II.

Emission Standards.

ARTICLE 4.

Emission Standards for General Process Operations (Rule 4-4).

9 VAC 5-40-240. Applicability and designation of affected facility.

A. Except as provided in subsections C and D of this section, the affected facility to 

which the provisions of this article apply is each process operation, each process gas 

stream and each combustion installation.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

C. Exempted from the provisions of this article are the following:

1. Process operations with a process weight rate capacity less than 100 

pounds per hour.

2. Any combustion unit using solid fuel with a maximum heat input of less 

than 350,000 Btu per hour.

3. Any combustion unit using liquid fuel with a maximum heat input of less 

than 1,000,000 Btu per hour.

4. Any combustion unit using gaseous fuel with a maximum heat input of 

less than 10,000,000 Btu per hour.

D. The provisions of this article do not apply to a particular pollutant from an 

affected facility if the affected facility is subject to other emission standards in this chapter 

covering the same pollutant.

9 VAC 5-40-250. Definitions.

A. For the purpose of the Regulations for the Control and Abatement of Air 

Pollution and subsequent amendments or any orders issued by the board, the words or 

terms shall have the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given 

them in 9 VAC 5 Chapter 10 (9 VAC 5-10-10 et seq.), unless otherwise required by 

context.
COMMONWEALTH OF VIRGINIA PAGE 2 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

C. Terms defined.

"Combustion installation" means all combustion units within a stationary 

source in operation prior to October 5, 1979.

"Combustion unit" means any type of stationary equipment in which solid, 

liquid or gaseous fuels and refuse are burned, including, but not limited to, furnaces, 

ovens, and kilns.

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

"Manufacturing operation" means any process operation or combination of 

physically connected dissimilar process operations which is operated to effect physical or 

chemical changes or both in an article.

"Materials handling equipment" means any equipment used as a part of a 

process operation or combination of process operations which does not effect a physical 

or chemical change in the material or in an article, such as, but not limited to, conveyors, 

elevators, feeders or weighers.

"Physically connected" means any combination of process operations 

connected by materials handling equipment and designed for simultaneous 

complementary operation.

"Process operation" means any method, form, action, operation or 

treatment of manufacturing or processing, including any storage or handling of materials 

or products before, during or after manufacturing or processing.

"Process unit" means any step in a manufacturing or process operation 

which results in the emission of pollutants to the atmosphere.

"Process weight" means total weight of all materials introduced into any 

process unit which may cause any emission of pollutants. Process weight includes solid 

fuels charged, but does not include liquid and gaseous fuels charged or combustion air 

for all fuels.

"Process weight rate" means a rate established as follows:

a. For continuous or long-run steady-state process operations, the 

total process weight for the entire period of continuous operation or for a typical portion of 

it, divided by the number of hours of such period or portion of it.

b. For cyclical or batch process operations, the total weight for a 
COMMONWEALTH OF VIRGINIA PAGE 3 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

period that covers a complete operation or an integral number of cycles, divided by the 

hours of actual process operation during such a period.

"Reasonably available control technology" 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.

"Rated capacity" means the capacity as stipulated in the purchase contract 

for the condition of 100% load, or such other capacities as mutually agreed to by the 

board and owner using good engineering judgment.

"Total capacity" means with reference to a combustion installation, the sum 

of the rated capacities (expressed as heat input) of all units of the installation which must 

be operated simultaneously under conditions of 100% use load.

9 VAC 5-40-300. Standard for volatile organic compounds. [Repealed.]

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

affected facility any volatile organic compound emissions in excess of that resultant from 

using reasonably available control technology.

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

stationary source in the Northern Virginia or Richmond Emissions Control Area (see 9 

VAC 5-20-206) and (ii) are within a stationary source that has a theoretical potential to 

emit 25 tons per year or greater in the Northern Virginia Emissions Control Area or 100 

tons per year or greater in the Richmond Emissions Control Area. For the purposes of 

this section only, the Richmond Emissions Control Area does not include Prince George 

County and Petersburg City. Theoretical potential to emit shall be based on emissions at 

design capacity or maximum production and maximum operating hours (8,760 

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

enforceable permit conditions which limit production rates or hours of operation. 

Emissions from all facilities, including facilities exempt from any other emission standard 

for volatile organic compounds in this chapter, shall be added together to determine 

theoretical potential to emit.

C. For facilities subject to the provisions of this section, the owners shall within 

three months of the effective date of this emission standard (i) notify the board of their 

applicability status, (ii) commit to making a determination as to what constitutes 

reasonably available control technology for the facilities and (iii) provide a schedule 

acceptable to the board for making this determination and for achieving compliance with 

the emission standard as expeditiously as possible but no later than the following dates:

1. For facilities in the Northern Virginia Emissions Control Area with a 

theoretical potential to emit 50 tons per year or greater, May 31, 1995.
COMMONWEALTH OF VIRGINIA PAGE 4 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

2. For facilities in the Northern Virginia Emissions Control Area with a 

theoretical potential to emit 25 tons per year or greater, but less than 50 tons per year, 

May 31, 1996.

3. For facilities in the Richmond Emissions Control Area with a 

theoretical potential to emit 100 tons per year or greater, May 31, 1995.

9 VAC 5-40-310. Standard for nitrogen oxides. [Repealed.]

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

affected facility any nitrogen oxides emissions in excess of that resultant from using 

reasonably available control technology.

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

compliance with the provisions of subsection A of this section shall be achieved for the 

applicable source types by the use of reasonably available control technology as defined 

in 9 VAC 5-40-311.

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

stationary source in the Northern Virginia or Western Virginia Emissions Control Area 

(see 9 VAC 5-20-206) and (ii) are within a stationary source that has a theoretical 

potential to emit 25 tons per year or greater in the Northern Virginia Emissions Control 

Area, or 100 tons per year or greater in the Western Virginia Emissions Control Area. 

Theoretical potential to emit shall be based on emissions at design capacity or maximum 

production and maximum operating hours (8,760 hours/year) before add-on controls, 

unless the facility is subject to state and federally enforceable permit conditions which 

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

facilities exempt from any other emission standard for nitrogen oxides in this chapter, 

shall be added together to determine theoretical potential to emit.

D. For facilities subject to the provisions of subsection A of this section, the 

owners shall within three months of the effective date of the emission standard (i) notify 

the board of their applicability status, (ii) commit to making a determination as to what 

constitutes reasonably available control technology for the facilities and (iii) provide a 

schedule acceptable to the board for making this determination and for achieving 

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

following dates:

1. For facilities in the Northern Virginia Emissions Control Area with a 

theoretical potential to emit 50 tons per year or greater, May 31, 1995.

2. For facilities in the Northern Virginia Emissions Control Area with a 

theoretical potential to emit 25 tons per year or greater, but less than 50 tons per year, 
COMMONWEALTH OF VIRGINIA PAGE 5 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

November 15, 2005.

3. For facilities in the Western Virginia Emissions Control Area with a 

theoretical potential to emit 100 tons per year or greater, November 15, 2005.

E. For facilities to which the provisions of subsection B of this section are 

applicable, the owners shall within three months of the effective date of the emission 

standard (i) notify the board of their applicability status, (ii) commit to accepting the 

emission standard as reasonably available control technology for the applicable facilities 

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

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

the dates specified in subdivisions 1, 2, and 3 of this subsection, and for achieving 

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

dates specified in subdivisions 4, 5, and 6 of this subsection.

1. For facilities in the Northern Virginia Emissions Control Area with a 

theoretical potential to emit 50 tons per year or greater, January 1, 1994.

2. For facilities in the Northern Virginia Emissions Control Area with a 

theoretical potential to emit 25 tons per year or greater, but less than 50 tons per year, 

January 1, 2004.

3. For facilities in the Western Virginia Emissions Control Area with a 

theoretical potential to emit 100 tons per year or greater, January 1, 2004.

4. For facilities in the Northern Virginia Emissions Control Area with a 

theoretical potential to emit 50 tons per year or greater, May 31, 1995.

5. For facilities in the Northern Virginia Emissions Control Area with a 

theoretical potential to emit 25 tons per year or greater, but less than 50 tons per year, 

November 15, 2005.

6. For facilities in the Western Virginia Emissions Control Area with a 

theoretical potential to emit 100 tons per year or greater, November 15, 2005.

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

facility any nitrogen oxides emissions in excess of those necessary to achieve emissions 

reductions identified in any attainment or maintenance plan or any other legally 

enforceable document submitted to the U.S. Environmental Protection Agency as a 

revision to the state implementation plan.

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

facilities within the Richmond Emissions Control Area (see 9 VAC 5-20-206) identified in 

any attainment or maintenance plan submitted to the U.S. Environmental Protection 
COMMONWEALTH OF VIRGINIA PAGE 6 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

Agency as a revision to the state implementation plan.

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

requirements as may be necessary to achieve the required emission reductions via 

permits, consent orders, or other legally enforceable means.

3. Facilities subject to this subsection shall be in compliance with any 

limits and other requirements established pursuant to subsection F 2 of this section within 

the timeframes established in any state plan revision, permit, or other legally enforceable 

document.

4. The provisions of subsections A through E of this section shall not 

apply to facilities within the Richmond Emissions Control Area (see 9 VAC 5-20-206).

9 VAC 5-40-311. Reasonably available control technology guidelines for stationary 

sources of nitrogen oxides. [Repealed.]

A. General.

Unless otherwise approved by the board, this section defines reasonably available 

control technology for the purposes of compliance with 9 VAC 5-40-310 A for the source 

types specified here.

B. Definitions.

1. For the purpose of this section and subsequent amendments or any 

orders issued by the board, the words or terms shall have the meaning given them in 

subdivision B 3 of this section.

2. As used in this section, all terms not defined here shall have the

meaning given them in 9 VAC 5 Chapter 10 (9 VAC 5-10-10 et seq.), unless otherwise 

required by context.

3. Terms defined.

"Capacity factor" means the ratio of the average load on a machine 

or equipment for the period of time considered to be the capacity rating of the machine or 

equipment.

"Combustion modification" means any change to the configuration of 

the burners or the firing method or mechanism of any combustion equipment for the 

purpose of reducing the emissions of nitrogen oxides. Acceptable combustion equipment 

changes within the context of this term include, but are not limited to, reburning, burners 

out of service, flue gas recirculation, fuel substitution, engine adjustments, engine 
COMMONWEALTH OF VIRGINIA PAGE 7 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

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

burner systems.

"Fossil fuel" means natural gas, petroleum, coal and any form of 

solid, liquid or gaseous fuel derived from such materials for the purpose of creating useful 

heat.

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

equipment appurtenances thereto, used in the process of burning fuel for the primary 

purpose of producing heat to be utilized by indirect heat transfer or producing power. 

This includes facilities that are designed as boilers to produce steam or heated water and 

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

facilities if designed primarily to burn raw refuse.

"Gas turbine" means a rotary internal combustion engine fueled by 

liquid or gaseous fuel.

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

"Incinerator" means any device, apparatus, equipment, or structure 

using combustion or pyrolysis for destroying, or reducing the volume of any material or 

substance.

"Internal combustion engine" means a reciprocating engine which is 

fueled by liquid or gaseous fuel.

"Process heater" means any fuel burning equipment which is used to 

produce heat for use in a manufacturing process. This term includes boilers which use a 

heat transfer medium other than water, but does not include drying ovens, steam 

generating units, or other drying apparatus.

"Rated capacity" means the capacity as stipulated in the purchase 

contract for the condition of 100% load, or such other capacities as mutually agreed to by 

the board and owner using good engineering judgment.

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

waste (includes materials customarily referred to as refuse and other discarded materials) 

or both which has been segregated and classified, with the useable portions being put 

through a size reduction and classification process which results in a relatively 

homogeneous mixture.

"Steam generating unit" means any furnace, boiler or other device 

used for combusting fuel for the purpose of producing steam.
COMMONWEALTH OF VIRGINIA PAGE 8 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

C. Definition of reasonably available control technology.

1. For the source types listed below, reasonably available control 

technology is defined as the emission limits specified below based upon the application of 

combustion modification; however, owners may elect to use any alternative control 

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

limits.

a. Steam generating units and process heaters. The maximum 

allowable emission rate for nitrogen oxides from steam generating units and process 

heaters is as follows:

TABLE 4-4C

Maximum Allowable Emission Rates for Nitrogen Oxides Emissions from Steam 

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

Fuel Type Firing Method

Face* and Tangential Cyclone Stokers

Coal – wet bottom 1.0 .55 N/A

Coal – dry bottom .38 N/A 0.4

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

Gas only .20 N/A N/A

* Includes wall, opposed and vertical firing methods

b. Gas turbines. The maximum allowable emission rate for 

nitrogen oxides from gas turbines is as follows:

TABLE 4-4D

Maximum Allowable Emission Rates for Nitrogen Oxides Emissions from Gas Turbines

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

Fuel Type Turbine Type

Simple Cycle Combined Cycle

Gas 42 42
COMMONWEALTH OF VIRGINIA PAGE 9 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

Oil 65/77* 65/77*

* Limit shall be 65 ppm for fuel bound nitrogen (FBN) < 0.015% and 77 ppm for FBN ≥ .015%.

2. Any demonstration of compliance with the limits in subdivision C 1 of 

this section shall be on a daily basis.

3. For the source types and sizes listed below, a demonstration of 

reasonably available control technology is not required as provided in 9 VAC 5-40-310 B.

a. Any steam generating unit, process heater or gas turbine with 

an annual capacity factor of less than 5.0%, except that three months following any 

calendar year during which the capacity factor is 5.0% or greater, the facility shall be 

subject to 9 VAC 5-40-310 A or B, as applicable, and the owner shall comply with 9 VAC 

5-40-310 D or E, as applicable, except the compliance date shall be two years after 

approval of the schedule by the board. Time periods during which a stand-by unit is used 

to provide replacement services for a unit being altered to comply with the provisions of 9 

VAC 5-40-310 A or B shall not be used as the basis for a determination that the stand-by 

unit exceeded the annual capacity factor criteria of 5.0%.

b. Any stationary internal combustion engine with a rated 

capacity of less than 450 hp of output power.

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

of waste per day.

d. Any incinerator or thermal or catalytic oxidizer used 

exclusively as air pollution control equipment.

e. Any generator used solely to supply emergency power to 

buildings during periods when normal power supplies are interrupted and during periods 

of scheduled maintenance.

ARTICLE 51.

Emission Standards for Stationary Sources Subject to

Case-by-Case RACT Determinations (Rule 4-51).

9 VAC 5-40-7370. Applicability and designation of affected facility.

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

that is within a stationary source that has a theoretical potential to emit equal to or greater 

than the applicable source threshold specified in Table 4-51A or 4-51B, and Table 4-51C

or 4-51E.
COMMONWEALTH OF VIRGINIA PAGE 10 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

B. The provisions of this article apply to all Emission Control Areas as defined in 9 

VAC 5-20-206 and indicated in Table 4-51A or 4-51B, and Table 4-51C or 4-51E.

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

affected facility if the affected facility is subject to other emission standards in this chapter 

covering the same pollutant.

9 VAC 5-40-7380. Definitions.

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

Control and Abatement of Air Pollution and related uses, the words or terms shall have 

the meanings given them in subsection C of this section.

B. As used in this article, all terms not defined here shall have the meanings given 

them in 9 VAC 5 Chapter 10 (9 VAC 5-10), unless otherwise required by context.

C. Terms defined.

“Capacity factor” means the ratio of the average load on a machine or 

equipment for the period of time considered to be the capacity rating of the machine or 

equipment. 

“Combustion modification” means any change to the configuration of the 

burners or the firing method or mechanism of any combustion equipment for the purpose 

of reducing the emissions of nitrogen oxides. Acceptable combustion equipment changes

within the context of this term include, but are not limited to, reburning, burners out of 

service, flue gas recirculation, fuel substitution, engine adjustments, engine modifications, 

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

“Fossil fuel” means natural gas, petroleum, coal and any form of solid, liquid 

or gaseous fuel derived from such materials for the purpose of creating useful heat. 

“Fuel burning equipment” means any furnace, with fuel burning equipment 

appurtenances thereto, used in the process of burning fuel for the primary purpose of 

producing heat to be utilized by indirect heat transfer or producing power. This includes 

facilities that are designed as boilers to produce steam or heated water and are designed 

to burn either fossil fuel or refuse derived fuel. It does not include such facilities if 

designed primarily to burn raw refuse.

“Gas turbine” means a rotary internal combustion engine fueled by liquid or 

gaseous fuel.

“Heat input” means the total gross calorific value of all fuels burned. 
COMMONWEALTH OF VIRGINIA PAGE 11 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

“Incinerator” means any device, apparatus, equipment, or structure using 

combustion or pyrolysis for destroying, or reducing the volume of any material or 

substance. 

“Internal combustion engine” means a reciprocating engine which is fueled 

by liquid or gaseous fuel.

“Presumptive RACT” means the emission limit that a particular source is 

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

defined in 9 VAC 5-40-7430.

“Process heater” means any fuel burning equipment which is used to 

produce heat for use in a manufacturing process. This term includes boilers which use a 

heat transfer medium other than water, but does not include drying ovens, steam 

generating units, or other drying apparatus. 

“Rated capacity” means the capacity as stipulated in the purchase contract 

for the condition of 100% load, or such other capacities as mutually agreed to by the 

board and owner using good engineering judgment. 

“Reasonably available control technology” or "RACT" means the lowest 

emission limit that a particular source is capable of meeting by the application of control 

technology that is reasonably available, considering technological and economic 

feasibility. 

“Refuse derived fuel (RDF)” means fuel produced from solid or liquid waste 

(includes materials customarily referred to as refuse and other discarded materials) or 

both which has been segregated and classified, with the useable portions being put 

through a size reduction and classification process which results in a relatively 

homogeneous mixture.

“Steam generating unit” means any furnace, boiler or other device used for 

combusting fuel for the purpose of producing steam. 

“Theoretical potential to emit” means the maximum capacity of a stationary 

source to emit a pollutant based on emissions at design capacity or maximum production 

and maximum operating hours (8,760 hours/year) before add-on controls, unless the 

facility is subject to state and federally enforceable permit conditions which limit 

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

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

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

“Tpy” means tons per year.
COMMONWEALTH OF VIRGINIA PAGE 12 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

9 VAC 5-40-7390. Standard for volatile organic compounds (1-hour ozone standard).

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

affected facility any volatile organic compounds (VOCs) emissions in excess of that 

resultant from using RACT.

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

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

stationary source that has a theoretical potential to emit at the applicable source 

thresholds specified Table 4-51A.

TABLE 4-51A.

NOTIFICATION AND COMPLIANCE DATES FOR

FACILITIES LOCATED IN

VOC EMISSIONS CONTROL AREAS

EMISSIONS 

CONTROL AREA

SOURCE THRESHOLD NOTIFICATION DATE COMPLIANCE DATE

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

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

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

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

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

the notification dates specified in Table 4-51A, (i) notify the board of their applicability 

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

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

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

than the compliance dates specified in Table 4-51A.

D. For the purposes of this section only, the Richmond Emissions Control Area 

shall not include Prince George County and Petersburg City.

9 VAC 5-40-7400. Standard for volatile organic compounds (8-hour ozone standard).

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

affected facility any volatile organic compounds (VOCs) emissions in excess of that 

resultant from using RACT.

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

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

stationary source that has a theoretical potential to emit at the applicable source 

thresholds specified Table 4-51B.

TABLE 4-51B.
COMMONWEALTH OF VIRGINIA PAGE 13 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

NOTIFICATION AND COMPLIANCE DATES FOR

FACILITIES LOCATED IN

VOC EMISSIONS CONTROL AREAS

EMISSIONS 

CONTROL AREA

SOURCE THRESHOLD NOTIFICATION DATE COMPLIANCE DATE

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

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

notification dates specified in Table 4-51B, (i) notify the board of their applicability status, 

(ii) commit to making a determination as to what constitutes RACT for the facilities and 

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

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

than the compliance dates specified in Table 4-51B.

D. Nothing in this article shall exempt any facility subject to the provisions of 9 VAC 

5-40-7390 from being subject to the provisions of this section. The board may reevaluate 

any RACT determination made under 9 VAC 5-40-7390 and require compliance with a 

new RACT determination as necessary to implement this section.

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

the provisions of 9 VAC 5-40-7390 shall provide such information as the board deems 

necessary to determine if the facility is subject to this section.

9 VAC 5-40-7410. Standard for nitrogen oxides (1-hour ozone standard).

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

affected facility any nitrogen oxides (NOX) emissions in excess of that resultant from using 

RACT.

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

facilities to which the presumptive RACT provisions of 9 VAC 5-40-7430 are applicable 

shall comply with the provisions of subsection A of this section by the use of presumptive 

RACT.

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

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

stationary source that has a theoretical potential to emit at the applicable source 

thresholds specified in Table 4-51C.

TABLE 4-51C.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH THERE IS NO PRESUMPTIVE RACT
COMMONWEALTH OF VIRGINIA PAGE 14 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

EMISSIONS 

CONTROL AREA

SOURCE THRESHOLD NOTIFICATION DATE COMPLIANCE DATE

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

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

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

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

presumptive RACT definition, the owners shall, by the notification dates specified in Table 

4-51C, (i) notify the board of their applicability status, (ii) commit to making a 

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

acceptable to the board for making this determination and for achieving compliance with 

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

specified in Table 4-51C.

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

presumptive RACT definition, the owners shall, by the notification dates specified in Table 

4-51D, (i) notify the board of their applicability status, (ii) commit to accepting the 

presumptive RACT emission limits as RACT for the applicable facilities or to submitting a 

demonstration as provided in subsection B of this section and (iii) provide a schedule 

acceptable to the board for submitting the demonstration no later than the demonstration 

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

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

51D.

TABLE 4-51D.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH PRESUMPTIVE RACT IS DEFINED

EMISSIONS 

CONTROL 

AREA

SOURCE 

THRESHOLD

NOTIFICATION 

DATE

DEMONSTRATION 

DATE

COMPLIANCE 

DATE

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

Northern Virginia  25 tpy and < 50 tpy September 4, 2003 January 1, 2004 November 15, 

2005

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

2005

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

facility any NOX emissions in excess of those necessary to achieve emissions reductions 

identified in any attainment or maintenance plan or any other legally enforceable 

document submitted to the U.S. Environmental Protection Agency as a revision to the 

state implementation plan.

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

within any emissions control area (see 9 VAC 5-20-206) identified in any attainment or 
COMMONWEALTH OF VIRGINIA PAGE 15 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

maintenance plan submitted to the U.S. Environmental Protection Agency as a revision to 

the state implementation plan.

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

requirements as may be necessary to achieve the required emission reductions via 

permits, consent orders, or other legally enforceable means.

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

and other requirements established pursuant to subsection F 2 of this section within the 

timeframes established in any state plan revision, permit, or other legally enforceable 

document.

9 VAC 5-40-7420. Standard for nitrogen oxides (8-hour ozone standard).

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

affected facility any nitrogen oxides (NOX) emissions in excess of that resultant from using 

RACT.

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

facilities to which the presumptive RACT provisions of 9 VAC 5-40-7430 are applicable 

shall comply with the provisions of subsection A of this section by the use of presumptive 

RACT.

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

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

stationary source that has a theoretical potential to emit at the applicable source 

thresholds specified in Table 4-51E.

TABLE 4-51E.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH THERE IS NO PRESUMPTIVE RACT

EMISSIONS 

CONTROL AREA

SOURCE THRESHOLD NOTIFICATION DATE COMPLIANCE DATE

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

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

presumptive RACT definition, the owners shall, by the notification dates specified in Table 

4-51E, (i) notify the board of their applicability status, (ii) commit to making a 

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

acceptable to the board for making this determination and for achieving compliance with 

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

specified in Table 4-51E.
COMMONWEALTH OF VIRGINIA PAGE 16 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

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

presumptive RACT definition, the owners shall, by the notification dates specified in Table 

4-51F, (i) notify the board of their applicability status, (ii) commit to accepting the 

presumptive RACT emission limits as RACT for the applicable facilities or to submitting a 

demonstration as provided in subsection B of this section and (iii) provide a schedule 

acceptable to the board for submitting the demonstration no later than the demonstration 

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

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

51F.

TABLE 4-51F.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH PRESUMPTIVE RACT IS DEFINED

EMISSIONS 

CONTROL 

AREA

SOURCE 

THRESHOLD

NOTIFICATION 

DATE

DEMONSTRATION 

DATE

COMPLIANCE 

DATE

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

F. Nothing in this article shall exempt any facility subject to the provisions of 9 VAC 

5-40-7390 from being subject to the provisions of this section. The board may reevaluate 

any RACT determination made under 9 VAC 5-40-7410 and require compliance with a 

new RACT determination as necessary to implement this section.

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

the provisions of 9 VAC 5-40-7390 shall provide such information as the board deems 

necessary to determine if the facility is subject to this section.

9 VAC 5-40-7430. Presumptive reasonably available control technology guidelines for 

stationary sources of nitrogen oxides. 

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

RACT for the purposes of compliance with 9 VAC 5-40-7410 A or 9 VAC 5-20-7420 A for 

the source types specified here.

B. Presumptive RACT is defined as follows.

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

specified below based upon the application of combustion modification; however, owners 

may elect to use any alternative control technology, provided such alternative is capable 

of achieving the prescribed emission limits.

a. The maximum allowable emission rate for NOX from steam 

generating units and process heaters is as follows:
COMMONWEALTH OF VIRGINIA PAGE 17 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

TABLE 4-51G.

MAXIMUM ALLOWABLE EMISSION RATES FOR NOX EMISSIONS

FROM STEAM GENERATING UNITS AND PROCESS HEATERS

(POUNDS PER MILLION BTU HEAT INPUT)

Fuel Type Firing Method

Face* and Tangential Cyclone Stokers

Coal – wet bottom 1.0 .55 N/A

Coal – dry bottom .38 N/A 0.4

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

Gas only .20 N/A N/A

* Includes wall, opposed and vertical firing methods

b. The maximum allowable emission rate for NOX from gas turbines 

is as follows:

TABLE 4-51H.

MAXIMUM ALLOWABLE EMISSION RATES FOR NOX EMISSIONS

FROM GAS TURBINES

(PARTS PER MILLION BY DRY VOLUME CORRECTED TO 15% OXYGEN)

Fuel Type Turbine Type

Simple Cycle Combined Cycle

Gas 42 42

Oil 65/77* 65/77*

* Limit shall be 65 ppm for fuel bound nitrogen (FBN) < 0.015% and 77 ppm for FBN ≥ .015%.

2. Any demonstration of compliance with the limits in subdivision B 1 of this 

section shall be on a daily basis.

3. The following sources are not required to make demonstration of RACT 

as required by 9 VAC 5-40-7410 B or 9 VAC 5-40-7420 B.

a. Any steam generating unit, process heater or gas turbine with an 

annual capacity factor of less than 5.0%, except that three months following any calendar 
COMMONWEALTH OF VIRGINIA PAGE 18 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

year during which the capacity factor is 5.0% or greater, the facility shall be subject to 9 

VAC 5-40-7410 A or B, or 9 VAC 5-40 7420 A or B, as applicable, and the owner shall 

comply with 9 VAC 5-40-7410 D or E, or 9 VAC 5-40-7420 D or E, as applicable, except 

the compliance date shall be two years after approval of the schedule by the board. Time

periods during which a stand-by unit is used to provide replacement services for a unit 

being altered to comply with the provisions of 9 VAC 5-40-7410 A or B, or 9 VAC 5-40-

7420 A or B, shall not be used as the basis for a determination that the stand-by unit 

exceeded the annual capacity factor criteria of 5.0%.

b. Any stationary internal combustion engine with a rated capacity of 

less than 450 hp of output power.

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

waste per day.

d. Any incinerator or thermal or catalytic oxidizer used exclusively as 

air pollution control equipment.

e. Any generator used solely to supply emergency power to buildings 

during periods when normal power supplies are interrupted and during periods of 

scheduled maintenance.

9 VAC 5-40-7440. Standard for visible emissions.

The provisions of Article 1 (9 VAC 5-40-60 et seq.) of this chapter (Emission 

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

9 VAC 5-40-7450. Standard for fugitive dust/emissions.

The provisions of Article 1 (9 VAC 5-40-60 et seq.) of this chapter (Emission 

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

9 VAC 5-40-7460. Standard for odor.

The provisions of Article 2 (9 VAC 5-40-130 et seq.) of this chapter (Emission 

Standards for Odor, Rule 4-2) apply.

9 VAC 5-40-7470. Standard for toxic pollutants.

The provisions of Article 4 (9 VAC 5-60-200 et seq.) of 9 VAC 5 Chapter 60 

(Emission Standards for Toxic Pollutants, Rule 6-4) apply.

9 VAC 5-40-7480. Compliance.
COMMONWEALTH OF VIRGINIA PAGE 19 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

The provisions of 9 VAC 5-40-20 (Compliance) apply.

9 VAC 5-40-7490. Test methods and procedures.

The provisions of 9 VAC 5-40-30 (Emission Testing) apply.

9 VAC 5-40-7500. Monitoring.

The provisions of 9 VAC 5-40-40 (Monitoring) apply.

9 VAC 5-40-7510. Notification, records and reporting.

The provisions of 9 VAC 5-40-50 (Notification, Records and Reporting) apply.

9 VAC 5-40-7520. Registration.

The provisions of 9 VAC 5-20-160 (Registration) apply.

9 VAC 5-40-7530. Facility and control equipment maintenance or malfunction.

The provisions of 9 VAC 5-20-180 (Facility and Control Equipment Maintenance or 

Malfunction) apply.

9 VAC 5-40-7540. Permits.

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

and the provisions of 9 VAC 5 Chapter 50 (9 VAC 5-50) and 9 VAC 5 Chapter 80 (9 VAC 

5-80) may apply. Owners contemplating such action should contact the appropriate 

regional office for guidance.

A. Construction of a facility.

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

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

D. Relocation of a facility.

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

F. Operation of a facility.

TEMPLATES\NOIRA\REG-PRO

REG\DEV\E04-REG-BD2.DOC
COMMONWEALTH OF VIRGINIA PAGE 20 of 20

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 40)

CERTIFICATION

REGULATION 9 VAC 5 CHAPTER 40, REVISION E04

CONCERNING

CONTROL TECHNOLOGY DETERMINATIONS

I certify that this regulation is full, true, and correctly dated.

Signature: ___________________________________

Name of Certifying Official: David K. Paylor

Title: Director

Agency: Department of Environmental Quality

Date: _________________________________________