Virginia Administrative Code

Database updated through January 6, 2011

Part I 

Special Provisions 

9VAC5-40-10. Applicability. 

A. The provisions of this chapter, unless specified otherwise, shall apply to existing sources for which 

emission standards are prescribed under this chapter. 

B. The provisions of this chapter shall not apply to sources specified below except in cases where the 

provisions of this chapter (i) specifically provide otherwise or (ii) are more restrictive than the provisions of 

9VAC5 Chapter 50 (9VAC5-50), 9VAC5 Chapter 80 (9VAC5-80), or any permit issued pursuant to 9VAC5 

Chapter 80 (9VAC5-80). Sources exempted under this subsection shall be subject to the provisions of 

9VAC5 Chapter 50 (9VAC5-50) or 9VACChapter 60 (9VAC5-60), or both, as applicable. 

1. Any stationary source (or portion of it), the construction, modification or relocation of which 

commenced on or after March 17, 1972. 

2. Any stationary source (or portion of it), the reconstruction of which commenced on or after 

December 10, 1976. 

C. If a facility becomes subject to any requirement in the Regulations for the Control and Abatement of 

Air Pollution because it exceeds an exemption level, the facility shall continue to be subject to all 

applicable requirements even if future conditions cause the facility to fall below the exemption level. 

D. Any owner subject to the provisions of this chapter may provide any report, notification or other 

document by electronic media if acceptable to both the owner and board. This subsection shall not apply 

to documents requiring signatures or certification under 9VAC5-20-230. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 
Historical Notes 

Derived from VR120-04-01, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. 

August 1, 2002. 

9VAC5-40-20. Compliance. 

A. Ninety days after the effective date of any emission standard prescribed under this chapter, no 

owner or other person shall operate any existing source in violation of such standard. 

1. Compliance with standards in this chapter, other than opacity standards, shall be determined by 

emission tests established by 9VAC5-40-30, unless specified otherwise in the applicable standard.

2. Compliance with federal requirements in this chapter may be determined by alternative or 

equivalent methods only if approved by the administrator. For purposes of this subsection, federal 

requirements consist of the following: 

a. New source performance standards established pursuant to § 111 of the federal Clean Air 

Act. 

b. All terms and conditions in a federal operating permit, including any provisions that limit a 

source's potential to emit, unless expressly designated as not federally enforceable.

c. Limitations and conditions that are part of an implementation plan. 

d. Limitations and conditions that are part of a section 111(d) or section 111(d)/129 plan. 

e. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 

52.21 or any construction permit issued under regulations approved by EPA in accordance with 

40 CFR Part 51. 

f. Limitations and conditions that are part of an operating permit issued pursuant to a program 

approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal 

enforceability, including adequate notice and opportunity for EPA and public comment prior to 

issuance of the final permit and practicable enforceability. 

3. Compliance with opacity standards in this chapter may be determined by one or more of the 
following means: 

a. Conducting observations in accordance with Reference Method 9 or any alternative method 

approved by EPA. For purposes of determining initial compliance, the minimum total time of 

observations shall be three hours (30 six-minute averages) for the emission test or other set of 

observations (meaning those fugitive-type emission sources subject only to an opacity 

standard). Opacity readings of portions of plumes which contain condensed, uncombined water 

vapor shall not be used for purposes of determining compliance with opacity standards. 

b. Evaluation of data resulting from use of continuous monitoring by transmissometer, provided 

the instrument used meets Performance Specification 1 in Appendix B of 40 CFR Part 60 and 

has been properly maintained and that the resulting data have not been altered in any way.

c. Use of any other method approved by EPA. 

4. The opacity standards prescribed under this chapter shall apply at all times except during 

periods of startup, shutdown, malfunction, and as otherwise provided in the applicable standard. 

This exception shall not apply to the following federal requirements: 

a. Limitations and conditions that are part of an implementation plan. 

b. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 

52.21 or any construction permit issued under regulations approved by EPA in accordance with 

40 CFR Part 51. 

c. Limitations and conditions that are part of an operating permit issued pursuant to a program 

approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal 

enforceability, including adequate notice and opportunity for EPA and public comment prior to 

issuance of the final permit and practicable enforceability. 

B. No owner of an existing source subject to the provisions of this chapter shall fail to conduct 

emission tests as required under this chapter. 

C. No owner of an existing source subject to the provisions of this chapter shall fail to install, calibrate, 
maintain and operate equipment for continuously monitoring and recording emissions or process 

parameters or both as required under this chapter. 

D. No owner of an existing source subject to the provisions of this chapter shall fail to provide 

notifications and reports, revise reports, maintain records or report emission test or monitoring results as 

required under this chapter. 

E. At all times, including periods of startup, shutdown, soot blowing and malfunction, owners shall, to 

the extent practicable, maintain and operate any affected facility including associated air pollution control 

equipment in a manner consistent with air pollution control practices for minimizing emissions. 

Determination of whether acceptable operating and maintenance procedures are being used will be 

based on information available to the board, which may include, but is not limited to, monitoring results, 

opacity observations, review of operating and maintenance procedures, and inspection of the source. 

F. At all times the disposal of volatile organic compounds shall be accomplished by taking measures, 

to the extent practicable, consistent with air pollution control practices for minimizing emissions. Volatile 

organic compounds shall not be intentionally spilled, discarded in sewers which are not connected to a 

treatment plant, or stored in open containers or handled in any other manner that would result in 

evaporation beyond that consistent with air pollution control practices for minimizing emissions. 

G. The following provisions apply with respect to demonstrating compliance with opacity standards. 

1. For the purpose of demonstrating initial compliance, opacity observations shall be conducted 

concurrently with the initial emission test unless one of the following conditions apply: 

a. If no emission test is required, then opacity observations shall be conducted within 60 days 

after achieving the maximum production rate at which the affected facility will be operated but 

no later than 180 days after the compliance date. 

b. If visibility or other conditions prevent the opacity observations from being conducted 

concurrently with the initial emission test, the owner shall reschedule the opacity observations 

as soon after the initial emission test as possible, but not later than 30 days thereafter, and 
shall advise the board of the rescheduled date. In these cases, the 30-day prior notification to 

the board required by 9VAC5-40-50 A 3 shall be waived. The rescheduled opacity observations 

shall be conducted (to the extent possible) under the same operating conditions that existed 

during the initial emission test. The visible emissions observer shall determine whether visibility 

or other conditions prevent the opacity observations from being made concurrently with the 

initial emission test in accordance with procedures contained in Reference Method 9. 

Opacity readings of portions of plumes which contain condensed, uncombined water vapor shall 

not be used for purposes of determining compliance with opacity standards. The owner of an 

affected facility shall make available, upon request by the board, such records as may be 

necessary to determine the conditions under which the visual observations were made and shall 

provide evidence indicating proof of current visible observer emission certification. The results of 

continuous monitoring by transmissometer which indicate that the opacity at the time visual 

observations were made was not in excess of the standard are probative but not conclusive 

evidence of the actual opacity of an emission, provided the source meets the burden of proving 

that the instrument used meets (at the time of the alleged violation) Performance Specification 1 in 

Appendix B of 40 CFR Part 60 and has been properly maintained and (at the time of the alleged 

violation) that the resulting data have not been altered in any way. 

2. Except as provided in subdivision 3 of this subsection, the owner of an affected facility to which 

an opacity standard in this chapter applies shall conduct opacity observations in accordance with 

subdivision A 3 of this section, shall record the opacity of emissions, and shall report to the board 

the opacity results along with the results of the initial emission test. The inability of an owner to 

secure a visible emissions observer shall not be considered a reason for not conducting the 

opacity observations concurrent with the initial emission test. 

3. The owner of an affected facility to which an opacity standard in this chapter applies may 

request the board to determine and to record the opacity of emissions from the affected facility 

during the initial emission test and at such times as may be required. The owner of the affected 
facility shall report the opacity results. Any request to the board to determine and to record the 

opacity of emissions from an affected facility shall be included in the notification required in 

9VAC5-40-50 A 3. If, for some reason, the board cannot determine and record the opacity of 

emissions from the affected facility during the emission test, then the provisions of subdivision 1 of 

this subsection shall apply. 

4. An owner of an affected facility using a continuous opacity monitor (transmissometer) shall 

record the monitoring data produced during the initial emission test and shall furnish the board a 

written report of the monitoring results along with the Reference Method 9 and initial emission test 

results. 

H. The following provisions apply with respect to new or more stringent emission standards: 

1. The following provisions apply with respect to emission standards for volatile organic 

compounds: 

a. In the case of any emission standard for volatile organic compounds adopted by the board 

which is more stringent than the emission standard for the source in effect prior to such 

adoption, if any, or where there was no emission standard, the source shall not be considered 

in violation of the newly adopted emission standard provided that the owner accomplishes the 

following: 

(1) Complies with the emission standard as expeditiously as possible but in no case later than 

one year after the effective date of the emission standard. 

(2) Within one month of achieving compliance, notifies the board of same. 

(3) Within six months of achieving compliance, demonstrates to the satisfaction of the board 

compliance with the emission standard. 

b. The reprieve provided by subdivision 1 a of this subsection shall only apply in cases where it 

is necessary for the owner to: 

(1) Install emission control equipment or other equipment that alters the facility in order to 
comply with the emission standard; or 

(2) Switch fuel or raw materials or both in order to comply with the emission standard. 

c. Owners of sources not in compliance with the newly adopted emission standard, but in 

compliance with the provisions of subdivision 1 a of this subsection shall not be subject to any 

penalties for violation of the newly adopted emission standard that may be required by the 

Virginia Air Pollution Control Law. 

d. Any reprieve from the sanctions of any provision of the Virginia Air Pollution Control Law 

pursuant to subdivision 1 a of this subsection shall not extend beyond the date by which 

compliance is to be achieved. 

e. Nothing in subdivision 1 a of this subsection shall prevent the board from promulgating a 

separate compliance schedule for any source if the board finds that it is technologically 

infeasible or it is infeasible due to the nonavailability of necessary equipment or materials or 

other circumstances beyond the owner's control for the source to achieve compliance within 

one year of the effective date of an emission standard. 

f. All compliance schedules proposed or prescribed under this section shall provide for 

compliance with the applicable emission standards as expeditiously as practicable. 

g. Any compliance schedule approved under this subsection may be revoked at any time if the 

source owner does not meet the stipulated increments of progress, and if the failure to meet an 

increment is likely to result in failure to meet the date for final compliance, and the failure to 

meet the increment is due to causes within the owner's control. 

2. The following provisions apply with respect to emission standards for pollutants other than 

volatile organic compounds: 

a. In the case of any emission standard adopted by the board which is more stringent than the 

emission standard for the source in effect prior to such adoption, if any, or where there was no 

emission standard, the source shall not be considered in violation of the newly adopted 
emission standard provided that the owner accomplishes the following: 

(1) Submits in a form and manner satisfactory to the board, a control program showing how 

compliance shall be achieved within the time frame in the applicable compliance schedule 

prescribed under 9VAC5-40-21; or, where no applicable compliance schedule is prescribed 

under 9VAC5-40-21, how compliance shall be achieved as expeditiously as possible; but in no 

case later than three years after the effective date of such emission standard. 

(2) Receives approval of the board of such control program. 

(3) Complies with all provisions, terms and conditions of the control program including the 

increments of progress. 

b. The reprieve provided by subdivision 2 a of this subsection shall only apply in cases where it 

is necessary for the owner to: 

(1) Install emission control equipment or other equipment that alters the facility in order to 

comply with the emission standard; or 

(2) Switch fuel or raw materials or both in order to comply with the emission standard. 

c. Owners of sources not in compliance with the newly adopted emission standard, but in 

compliance with the provisions of subdivision 2 a of this subsection shall not be subject to any 

penalties for violation of the newly adapted emission standard that may be required by the 

Virginia Air Pollution Control Law. 

d. Any reprieve from the sanctions of any provision of the Virginia Air Pollution Control Law 

pursuant to subdivision 2 a of this subsection shall not extend beyond the date, specified in the 

emission standard or approved control program, by which compliance is to be achieved. 

e. Control programs submitted under the provisions of subdivision 2 a of this subsection shall 

be processed in accordance with the provisions of 9VAC5-20-170. However, if the control 

program contains a compliance schedule which conforms to the applicable schedule prescribed 

in 9VAC5-40-21, the public hearing provision of 9VAC5-20-170 shall not apply. 
f. Nothing in this section shall prevent the board from promulgating a separate compliance 

schedule for any source if the board finds that the application of a compliance schedule in 

9VAC5-40-21 is technologically infeasible, or if the board finds that the application of a 

compliance schedule in 9VAC5-40-21 is infeasible due to the nonavailability of necessary 

equipment or materials or other circumstances beyond the owner's control. 

g. Nothing in this section shall prevent the owner of a source subject to a compliance schedule

in 9VAC5-40-21 from submitting to the board a proposed alternative compliance schedule 

provided the following conditions are met: 

(1) The proposed alternative compliance schedule is submitted within six months of the 

effective date of the emission standard; 

(2) The final control plans for achieving compliance with the applicable emission standard are 

submitted simultaneously; 

(3) The alternative compliance schedule contains the same increments of progress as the 

schedule for which it is proposed as an alternative; and 

(4) Sufficient documentation is submitted by the owner of the source to justify the alternative 

dates proposed for the increments of progress. 

h. All compliance schedules proposed or prescribed under this section shall provide for 

compliance with the applicable emission standards as expeditiously as practicable. 

i. Any compliance schedule approved under this subsection may be revoked at any time if the 

source owner does not meet the stipulated increments of progress, and if the failure to meet an 

increment is likely to result in failure to meet the date for final compliance, and the failure to 

meet the increment is due to causes within the owner's control. 

j. The provisions of 9VAC5-40-21 shall not apply to owners of sources which are in compliance 

with the applicable emission standard and for which the owners have determined and certified 

compliance to the satisfaction of the board within 12 months of the effective date of the 
applicable emission standard. 

I. The following provisions apply with respect to stack heights: 

1. The degree of emission limitation required of any source owner for control of any air pollutant 

shall not be affected in any manner by: 

a. So much of the stack height of any source as exceeds good engineering practice; or 

b. Any other dispersion technique. 

2. The provisions of subdivision 1 of this subsection shall not apply to: 

a. Stack heights in existence, or dispersion techniques implemented on or before December 31, 

1970, except where pollutants are being emitted from such stacks or using such dispersion 

techniques by sources, as defined in § 111(a)(3) of the federal Clean Air Act, which were 

constructed, or reconstructed, or for which major modifications, as defined in Article 8 (9VAC5-

80-1700 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of Part II of 9VAC5 Chapter 80, were 

carried out after December 31, 1970; or 

b. Coal-fired steam electric generating units subject to the provisions of § 118 of the federal 

Clean Air Act, which commenced operation before July 1, 1957, and whose stacks were 

constructed under a construction contract awarded before February 8, 1974. 

3. Prior to the adoption of 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, 

the board shall notify the public of the availability of the demonstration study and shall provide the 

opportunity for public hearing on it. 

4. For purposes of this subsection, such height shall not exceed the height allowed by subdivision 

1 or 2 of the GEP definition unless the owner demonstrates to the satisfaction of the board, after 30 

days notice to the public and opportunity for public hearing, that a greater height is necessary as 

provided under subdivision 3 of the GEP definition. 

5. In no event may the board prohibit any increase in any stack height or restrict in any manner the 
maximum stack height of any source. 

6. Compliance with emission standards in this chapter shall not be affected in any manner by the 

stack height of any source or any other dispersion technique. 

J. For the purpose of submitting compliance certifications or establishing whether or not a person has 

violated or is in violation of any standard in this chapter, nothing in this chapter shall preclude the use, 

including the exclusive use, of any credible evidence or information, relevant to whether a source would 

have been in compliance with applicable requirements if the appropriate emission or compliance test or 

procedure had been performed. 

Statutory Authority 

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

CFR Parts 51 and 60.

Historical Notes 

Derived from VR120-04-02, eff. July 1, 1986; amended, Virginia Register Volume 7, Issue 14, eff. July 1, 

1991; Volume 18, Issue 21, eff. August 1, 2002; Volume 24, Issue 5, eff. December 12, 2007.

9VAC5-40-21. Compliance schedules. 

A. The provisions of this section are a supplement to and shall be applied in context with the 

provisions of 9VAC5-40-20 H 2. 

B. Compliance by process and emission control equipment installations. 

1. Owners proposing to comply with an emission standard by the installation and operation of 

emission control equipment or replacement process equipment or both shall adhere to the 

increments of progress contained in the following schedule: 

a. Final plans for the installation and operation of emission control equipment or process 

equipment or both shall be submitted within six months of the effective date of the applicable 

emission standard. 

b. Contracts for the installation of emission control equipment or process equipment shall be 
awarded, or orders shall be issued for purchase of component parts to accomplish installation, 

within 16 months of the effective date of the applicable emission standard. 

c. Initiation of on-site construction for the installation of the emission control equipment or 

process equipment or both shall begin within 22 months of the effective date of the applicable 

emission standard. 

d. On-site construction or installation of the emission control equipment or process equipment 

or both shall be completed within 30 months of the effective date of the applicable emission 

standard. 

e. Final compliance, determined in accordance with test methods acceptable to the board, shall 

be achieved within 32 months of the effective date of the applicable emission standard. 

2. Owners of sources subject to the compliance schedule in subdivision 1 of this subsection shall 

certify to the board within five days after deadline for each increment of progress, whether the 

required increment of progress has been met. 

C. Compliance by process equipment modification. 

1. Owners proposing to comply with an emission standard by the modification of existing 

processing equipment shall adhere to the increments of progress contained in the following 

schedule. 

a. Final plans for the process equipment modification shall be submitted within six months of 

the effective date of the applicable emission standard. 

b. Contracts for the process equipment modification shall be awarded, or orders shall be issued 

for the purchase of component parts to accomplish the process equipment modification, within 

15 months of the effective date of the applicable emission standard. 

c. Initiation of on-site construction for the modification of the process equipment shall begin 

within 18 months of the effective date of the emission standard. 

d. On-site construction or installation of process modifications shall be completed within 22 
months of the effective date of the applicable emission standard. 

e. Final compliance, determined in accordance with test methods acceptable to the board, shall 

be achieved within 24 months of the effective date of the applicable emission standard. 

2. Owners of sources subject to the compliance schedule in subdivision 1 of the subsection shall 

certify to the board within five days after the deadline for each increment of progress, whether the 

required increment of progress has been met. 

D. Compliance by use of process materials modification. 

1. Except as provided under subdivision D 3 of this section, owners proposing to comply with an 

emission standard by the use of new process materials shall adhere to the increments of progress 

contained in the following schedule: 

a. Final plans for the use of new process materials shall be submitted within six months of the 

effective date of the applicable emission standard. 

b. Research and development of new process materials shall be completed within 18 months of 

the effective date of the applicable emission standard. 

c. Evaluation of new process materials product quality and commercial acceptance shall be 

completed within 24 months of the effective date of the applicable emission standard. 

d. Purchase orders shall be issued for new process materials and process modifications within 

26 months of the effective date of the applicable emission standard. 

e. Initiation of process modifications shall begin within 28 months of the effective date of the 

applicable emission standard. 

f. Process modifications shall be completed and use of new process materials shall begin within 

34 months of the effective date of the applicable emission standard. 

g. Final compliance, determined in accordance with test methods acceptable to the board, shall 

be achieved within 36 months of the effective date of the applicable emission standard. 

2. Owners of sources subject to the compliance schedule in subdivision D 1 of this section shall 
certify to the board within five days after the deadline for each increment of progress, whether the 

required increment of progress has been met. 

3. Where the board determines that the use of new process materials has been sufficiently 

researched and developed for a particular application, owners proposing to comply with an 

emission standard by the use of new process materials shall adhere to the increments of progress 

contained in the following schedule: 

a. Final plans for the use of new process materials shall be submitted within six months of the 

effective date of the applicable emission standard. 

b. Evaluation of new process materials product quality and commercial acceptance shall be 

completed within 16 months of the effective date of the applicable emission standard. 

c. Purchase orders shall be issued for new process materials and process modifications within 

18 months of the effective date of the applicable emission standard. 

d. Initiation of process modifications shall begin within 22 months of the effective date of the 

applicable emission standard. 

e. Process modifications shall be completed and use of new process materials shall begin 

within 30 months of the effective date of the applicable emission standard. 

f. Final compliance, determined in accordance with test methods acceptable to the board, shall 

be achieved within 32 months of the effective date of the applicable emission standard. 

4. Owners of sources subject to the compliance schedule in subdivision D 3 of this section shall 

certify to the board within five days after deadline for each increment of progress, whether the 

required increment of progress has been met. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997. 
9VAC5-40-22. Interpretation of emission standards based on process weight rate tables. 

A. General. Unless otherwise approved by the board, interpretation of emission standards based on 

process weight rate tables shall be in accordance with this section. 

B. Definitions. 

1. For the purpose of these regulations and subsequent amendments of 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 9VAC5 

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

3. Terms defined. 

"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 operations" means any method, from, 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: 

(1) 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. 

(2) For cyclical or batch process operations, the total weight for a period that covers a complete 

operation or an integral number of cycles, divided by the hours of actual process operation 

during such a period. 

"Production rate" means the weight of final product obtained per hour of operation. If the rate of 

product going to storage can vary, the production rate shall be determined by calculation from the 

feed rates of raw material. 

C. Interpretation of standards. 

1. The total process weight rate for each individual process unit at a plant or premises shall be 

used for determining the maximum allowable emission rate of particulate that passes through a 

stack or stacks. 

2. Unless otherwise specified, the allowable particulate mass emission rate shall be determined for 

individual units of equipment. 

3. Unless otherwise specified or unless an equation is provided, the particulate emission limit 

above the maximum process weight rate shall be determined by linear interpolation. For 

interpolation between two values on a process weight rate table the following equation should be 

used: 

E = [EG - EL]

P - PL

+ EL

PG - PL

where: E = emission rate being calculated. 

EL = emission rate for PL as determined from the process weight rate table. 

EG = emission rate for PG as determined from the process weight rate table. 
P = process weight rate of the unit. 

PL = process weight rate in the process weight rate table which is closest to but less than the 

process weight rate of the unit. 

PG = process weight rate listed in the process weight rate table which is closest to but greater 

than the process weight rate of the unit. 

4. Where the nature of any process or design of any equipment is such as to permit more than one 

interpretation of a regulation, the interpretation that results in the minimum value for allowable 

emissions shall apply. 

5. The following are examples that illustrate how the requirements apply to similar units manifolded 

to a common stack and a number of process units that are combined in a row. (For the purposes of 

this illustration an emission rate of 0.551 pounds per hour for a process weight rate of 100 pounds 

per hour was used.) 

Statutory Authority 
§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997. 

9VAC5-40-30. Emission testing. 

A. Emission tests for existing sources shall be conducted and reported, and data shall be reduced as 

set forth in this chapter and in the appropriate reference methods unless the board (i) specifies or 

approves, in specific cases, the use of a reference method with minor changes in methodology; (ii) 

approves the use of an equivalent method; (iii) 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; 

(iv) waives the requirement for emission tests because the owner of a source has demonstrated by other 

means to the board's satisfaction that the affected facility is in compliance with the standard; or (v) 

approves shorter sampling times and smaller sample volumes when necessitated by process variables or 

other factors. In cases where no appropriate reference method exists for an existing source subject to an 

emission standard for volatile organic compounds, the applicable test method in 9VAC5-20-121 may be 

considered appropriate. 

B. Emission testing for existing sources shall be subject to testing guidelines approved by the board. 

Procedures may be adjusted or changed by the board to suit specific sampling conditions or needs based 

upon good practice, judgement and experience. When such tests are adjusted, consideration shall be 

given to the effect of such change on established emission standards. Tests shall be performed under the 

direction of persons whose qualifications are acceptable to the board. 

C. Emission tests for existing sources shall be conducted under conditions which the board shall 

specify to the owner, based on representative performance of the source. The owner shall make available 

to the board such records as may be necessary to determine the conditions of the emission tests. 

Operations during periods of startup, shutdown and malfunction shall not constitute representative 

conditions for the purpose of an emission test. During the initial emission test, emissions in excess of the 

level of the applicable emission limit during periods of startup, shutdown, and malfunction shall not be 
considered a violation of the applicable emission limit unless otherwise specified in the applicable 

standard. 

D. An owner may request that the board determine the opacity of emissions from an existing source 

during the emission tests required by this section. 

E. Each emission test for an existing source shall consist of three separate runs using the applicable 

test method. Each run shall be conducted for the time and under the conditions acceptable to the board. 

For the purpose of determining compliance with an applicable standard, the arithmetic mean of the results 

of the three runs shall apply. In the event that a sample is accidentally lost, or if conditions occur in which 

one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable 

portion of the sample train, extreme meteorological conditions or other circumstances beyond the owner's 

control, compliance may, upon the approval of the board, be determined using the arithmetic mean of the 

results of the two other runs. 

F. The board may test emissions of air pollutants from any existing source. Upon request of the board 

the owner shall provide, or cause to be provided, emission testing facilities as follows: 

1. Sampling ports adequate for test methods applicable to such source. This includes (i) 

constructing the air pollution control system such that volumetric flow rates and pollutant emission 

rates can be accurately determined by applicable test methods and procedures and (ii) providing a 

stack or duct with acceptable flow characteristics during emission tests, as demonstrated by 

applicable test methods and procedures. 

2. Safe sampling platforms. 

3. Safe access to sampling platforms. 

4. Utilities for sampling and testing equipment. 

G. Upon request of the board the owner of any existing source subject to the provisions of this chapter 

shall conduct emission tests in accordance with procedures approved by the board. 

Statutory Authority 
§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-03, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. 

August 1, 2002. 

9VAC5-40-40. Monitoring. 

A. Unless otherwise approved by the board, owners of existing sources specified in the applicable 

emission standard shall install, calibrate, maintain and operate systems for continuously monitoring and 

recording emissions of specified pollutants. However, nothing in this chapter shall exempt any owner from 

complying with subsection F of this section. 

B. All continuous monitoring systems and monitoring devices shall be installed and operational by July 

5, 1983. Verification of operational status shall, as a minimum, consist of the completion of the 

conditioning period specified by applicable requirements in Appendix B of 40 CFR Part 60. 

C. Within 30 days after the date set forth in subsection B of this section and at such other times as 

may be requested by the board, the owner of any existing source shall conduct continuous monitoring 

system performance evaluations and furnish the board within 60 days of them two or, upon request, more 

copies of a written report of the results of such tests. 

D. Unless otherwise approved by the board, all continuous monitoring systems required by subsection 

A of this section shall be installed, calibrated, maintained and operated in accordance with applicable 

requirements in this section, 9VAC5-40-41, and the applicable emission standard. 

E. After receipt and consideration of written application, the board may approve alternatives to any 

monitoring procedures or requirements of this chapter including, but not limited to, the following: 

1. Alternative monitoring requirements when installation of a continuous monitoring system or 

monitoring device specified by this chapter would not provide accurate measurements due to liquid 

water or other interferences caused by substances within the effluent gases. 

2. Alternative monitoring requirements when the source is infrequently operated. 
3. Alternative monitoring requirements to accommodate continuous monitoring systems that 

require additional measurements to correct for stack moisture conditions. 

4. Alternative locations for installing continuous monitoring systems or monitoring devices when the 

owner can demonstrate the installation at alternate locations will enable accurate and 

representative measurements. 

5. Alternative methods of converting pollutant concentration measurements to units of the 

standards. 

6. Alternative procedures for computing emission averages that do not require integration of data 

(e.g., some facilities may demonstrate that the variability of their emissions is sufficiently small to 

allow accurate reduction of data based upon computing averages from equally spaced data points 

over the averaging period). 

7. Alternative monitoring requirements when the effluent from a single source or the combined 

effluent from two or more sources are released to the atmosphere through more than one point. 

8. Alternative procedures for performing calibration checks. 

9. Alternative monitoring requirements when the requirements of this section would impose an 

extreme economic burden on the owner. 

10. Alternative monitoring requirements when the continuous monitoring systems cannot be 

installed due to physical limitations at the source. 

11. Alternative continuous monitoring systems that do not meet the design or performance 

requirements in Performance Specification 1 of Appendix B of 40 CFR Part 60, but which 

adequately demonstrate a definite and consistent relationship between its measurements and the 

measurements of opacity by a system complying with the requirements in Performance 

Specification 1 of Appendix B of 40 CFR Part 60. The board may require that such demonstration 

be performed for each source. 

12. Alternative monitoring systems that meet the requirements of 40 CFR Part 75 (i) if a source is 
subject to 40 CFR Part 75 or (ii) if the board determines that the requirements of 40 CFR Part 75 

are more appropriate for the source than the pertinent provisions of this chapter. 

F. Upon request of the board, the owner of an existing source subject to the provisions of this chapter 

shall install, calibrate, maintain and operate equipment for continuously monitoring and recording 

emissions or process parameters or both in accordance with methods and procedures acceptable to the 

board. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-04, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. 

August 1, 2002. 

9VAC5-40-41. Emission monitoring procedures for existing sources. 

A. The provisions of this section shall apply to existing sources. These provisions may also apply, at 

the discretion of the board, to new and modified sources if the source type is not subject to Article 5 

(9VAC5-50-400 et seq.) of 9VAC5 Chapter 50. 

B. General procedures. 

1. Continuous monitoring system performance evaluations shall be conducted in accordance with 

the requirements and procedures contained in the applicable performance specification in 

Appendix B of 40 CFR Part 60 as follows: 

a. Continuous monitoring systems for measuring opacity of emissions shall comply with 

performance specification 1. 

b. Continuous monitoring systems for measuring nitrogen oxides emissions shall comply with 

performance specification 2. 

c. Continuous monitoring systems for measuring sulfur dioxide emissions shall comply with 

performance specification 2. 
d. Continuous monitoring systems for measuring oxygen content or carbon dioxide content of 

effluent gases shall comply with performance specification 3. 

2. Owners of all continuous monitoring systems installed in accordance with the provisions of this 

section shall check the zero and span drift at least once daily in accordance with the method 

prescribed by the manufacturer of such systems unless the manufacturer recommends 

adjustments at shorter intervals, in which case such recommendations shall be followed. The zero 

and span shall, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour calibration 

drift limits of the applicable performance specifications in Appendix B of 40 CFR Part 60 are 

exceeded. For continuous monitoring systems measuring opacity of emissions, the optical surfaces 

exposed to the effluent gases shall be cleaned prior to performing the zero or span drift adjustment 

except that for systems using automatic zero adjustments, the optical surfaces shall be cleaned 

when the cumulative automatic zero compensation exceeds 4% opacity. Unless otherwise

approved by the board, the following procedures, as applicable, shall be followed: 

a. For extractive continuous monitoring systems measuring gases, minimum procedures shall 

include introducing applicable zero and span gas mixtures into the measurement system as 

near the probe as is practical. Span and zero gases certified by their manufacturer to be 

traceable to National Bureau of Standards reference gases shall be used whenever these 

reference gases are available. The span and zero gas mixtures shall be the same composition 

as specified in Appendix B of 40 CFR Part 60. Every six months from date of manufacturer, 

span and zero gases shall be reanalyzed by conducting triplicate analyses with Reference 

Methods 6 for SO2, 7 for NOX, and 3 for O2 and CO2, respectively. The gases may be analyzed 

at less frequent intervals if longer shelf lives are guaranteed by the manufacturer. 

b. For nonextractive continuous monitoring systems measuring gases, minimum procedures 

shall include upscale checks using a certified calibration gas cell or test cell which is 

functionally equivalent to a known gas concentration. The zero check may be performed by 

computing the zero value from upscale measurements or by mechanically producing zero 
condition. 

c. For continuous monitoring systems measuring opacity of emissions, minimum procedures 

shall include a method for producing a simulated zero opacity condition and an upscale (span) 

opacity condition using a certified neutral density filter or other related technique to produce a 

known obscuration of the light beam. Such procedures shall provide a system check of the 

analyzer internal optical surfaces and all electronic circuitry including the lamp and 

photodetector assembly. 

3. Except for system breakdowns, repairs, calibration checks, and zero and span adjustments 

required under subdivision B 2 of this section, all continuous monitoring systems shall be in 

continuous operation and shall meet minimum frequency of operation requirements as follows: 

a. All continuous monitoring systems for measuring opacity of emissions shall complete a 

minimum of one cycle of sampling and analyzing for each successive 15-second period and 

one cycle of data recording for each successive six-minute period. 

b. All continuous monitoring systems for measuring nitrogen oxides, sulfur dioxide, carbon 

dioxide or oxygen shall complete a minimum of one cycle of operation (sampling, analyzing and 

data recording) for each successive 15-minute period. 

4. All continuous monitoring systems or monitoring devices shall be installed such that 

representative measurements of emissions or process parameters from the affected facility are 

obtained. Additional procedures for location of continuous monitoring systems contained in the 

applicable performance specifications in Appendix B of 40 CFR Part 60 shall be used. 

5. When the effluents from a single affected facility or two or more affected facilities subject to the 

same standards are combined before being released to the atmosphere, the owner may install 

applicable continuous monitoring systems on each effluent or on the combined effluent. When the 

affected facilities are not subject to the same standards, separate continuous monitoring systems 

shall be installed on each effluent. When the effluent from one affected facility is released to the 

atmosphere through more than one point, the owner shall install applicable continuous monitoring 
systems on each separate effluent unless the installation of fewer systems is approved by the 

board. 

6. Owners of all continuous monitoring systems for measurement of opacity shall reduce all data to 

six-minute averages for six-minute periods and for systems other than opacity to one-hour 

averages for one-hour periods. Six-minute opacity averages shall be calculated from 24 or more 

data points spaced at approximately equal intervals over each six-minute period. For systems 

other than opacity, one-hour averages shall be computed from four or more date points spaced at 

approximately equal intervals over each one-hour period. Data recorded during periods of system 

breakdowns, repairs, calibration checks and zero and span adjustments shall not be included in 

the data averages computed under this subdivision. An arithmetic or integrated average of all data 

may be used. The data output of all continuous monitoring systems may be recorded in reduced or 

nonreduced form (e.g., ppm pollutant and percent O2 of lb or pollutant per million Btu). All excess 

emissions should be converted into units of the standard using the applicable conversion 

procedures specified in the applicable standard. After conversion into units of the standard, the 

data may be rounded to the same number of significant digits used to specify the applicable 

standard (e.g., rounded to the nearest one percent opacity). 

C. Specific procedures. Specific procedures for emission monitoring may be found in the rule covering 

the source type in question. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997. 

9VAC5-40-50. Notification, records and reporting. 

A. Any owner of an existing source subject to the provisions of this chapter shall provide written 

notifications to the board of the following: 
1. The date upon which demonstration of the continuous monitoring system performance begins in 

accordance with 9VAC5-40-40 C. Notification shall be postmarked not less than 30 days prior to 

such date. 

2. The date of any emission test the owner wishes the board to consider in determining compliance 

with a standard. Notification shall be postmarked not less than 30 days prior to such date. 

3. The anticipated date for conducting the opacity observations required by 9VAC5-40-20 G 1. The 

notification shall also include, if appropriate, a request for the board to provide a visible emissions 

reader during an emission test. The notification shall be postmarked not less than 30 days prior to 

such date. 

B. Any owner of an existing source subject to the provisions of 9VAC5-40-40 A shall maintain records 

of the occurrence and duration of any startup, shutdown or malfunction in the operation of such source; 

any malfunction of the air pollution control equipment; or any periods during which a continuous 

monitoring system or monitoring device is inoperative. 

C. Each owner required to install a continuous monitoring system (CMS) or monitoring device shall 

submit a written report of excess emissions (as defined in the applicable emission standard) and either a 

monitoring systems performance report or a summary report form, or both, to the board semiannually, 

except when (i) more frequent reporting is specifically required by an applicable emission standard or the 

CMS data are to be used directly for compliance determination, in which case quarterly reports shall be 

submitted; or (ii) the board, on a case-by-case basis, determines that more frequent reporting is 

necessary to accurately assess the compliance status of the source. The summary report and form shall 

meet the requirements of 40 CFR 60.7(d). The frequency of reporting requirements may be reduced as 

provided in 40 CFR 60.7(e). All reports shall be postmarked by the 30th day following the end of each 

calendar half (or quarter, as appropriate). Written reports of excess emissions shall include the following 

information: 

1. The magnitude of excess emissions computed in accordance with 9VAC5-40-41 B 6, any 

conversion factors used, and the date and time of commencement and completion of each period 
of excess emissions. The process operating time during the reporting period. 

2. Specific identification of each period of excess emissions that occurs during startups, shutdowns 

and malfunctions of the source. The nature and cause of any malfunction (if known), the corrective 

action taken or preventative measures adopted. 

3. The date and time identifying each period during which the continuous monitoring system was 

inoperative except for zero and span checks and the nature of the system repairs or adjustments. 

4. When no excess emissions have occurred or the continuous monitoring systems have not been 

inoperative, repaired or adjusted, such information shall be stated in the report. 

D. Any owner of an existing source subject to the provisions of this chapter shall maintain a file of all 

measurements, including continuous monitoring system, monitoring device, and emission testing 

measurements; all continuous monitoring system performance evaluations; all continuous monitoring 

system or monitoring device calibration checks; adjustments and maintenance performed on these 

systems or devices; and all other information required by this chapter recorded in a permanent form 

suitable for inspection. The file shall be retained for at least two years (unless a longer period is specified 

in the applicable standards) following the date of such measurements, maintenance, reports and records. 

E. Any data or information required by the Regulations for the Control and Abatement of Air Pollution, 

any permit or order of the board, or which the owner wishes the board to consider, to determine 

compliance with an emission standard shall be recorded or maintained in a time frame consistent with the 

averaging period of the standard. 

F. The owner of a stationary source shall keep records as may be necessary to determine its 

emissions. Any owner claiming that a facility is exempt from the provisions of the Regulations for the 

Control and Abatement of Air Pollution shall keep records as may be necessary to demonstrate to the 

satisfaction of the board its continued exempt status. 

G. The owner of an existing source subject to any emission standard in Article 26 (9VAC5-40-3560 et 

seq.) through Article 36 (9VAC5-40-5060 et seq.) of 9VAC5 Chapter 40 shall maintain records in 
accordance with the applicable procedure in 9VAC5-20-121. 

H. Upon request of the board, the owner of an existing source subject to the provisions of this chapter 

shall provide notifications and report, revise reports, maintain records or report emission test or 

monitoring result in a manner and form and using procedures acceptable to board. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-04-05, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. 

August 1, 2002.