Virginia Administrative Code

Database updated through January 6, 2011

Part I 

Special Provisions 

9VAC5-50-10. Applicability. 

A. The provisions of this chapter, unless specified otherwise, shall apply to new and modified sources. 

B. The provisions of this chapter shall apply to sources specified below except as provided in 9VAC5-

40-10 B: 

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. The provisions of 9VAC5 Chapter 40 (9VAC5-40-10 et seq.), unless specified otherwise, shall 

apply to new and modified sources to the extent that those provisions thereof are more restrictive than the 

provisions of this chapter, 9VAC5 Chapter 80 (9VAC5-80-10 et seq.), or any permit issued pursuant to 

9VAC5 Chapter 80 (9VAC5-80-10 et seq.). 

E. For sources subject to the applicable subparts listed in 9VAC5-50-410, the provisions of 40 CFR 

60.7, 40 CFR 60.8, 40 CFR 60.11 and 40 CFR 60.13 shall be implemented through this part. In cases 

where there are differences between the provisions of this part and the provisions of 40 CFR Part 60, the 

more restrictive provisions shall apply. 

F. 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 VR120-05-01, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. 

August 1, 2002. 

9VAC5-50-20. Compliance. 

A. Sixty days after achieving the maximum production rate, but not later than 180 days after initial 

startup, no owner or other person shall operate any new or modified source in violation of any standard of 

performance prescribed under this chapter. 

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

performance tests established by 9VAC5-50-30, 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, if specified in the permit granted pursuant to 9VAC5 Chapter 80 (9VAC5-80). 

For purposes of determining initial compliance, the minimum total time of observations shall be 

three hours (30 six-minute averages) for the performance 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. 

5. Variation from a specified standard may be granted by the board for a definite period for testing 

and adjustment. 

B. No owner of a new or modified source subject to the provisions of this chapter shall fail to conduct 

performance tests as required under this chapter. 

C. No owner of a new or modified 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 a new or modified source subject to the provisions of this chapter shall fail to provide 

notifications and reports, revise reports, maintain records or report performance 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 compliance with opacity standards. 

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

concurrently with the initial performance test unless one of the following conditions apply. 

a. If no performance 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 initial startup of the facility. 

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

concurrently with the initial performance test, the owner shall reschedule the opacity 

observations as soon after the initial performance 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 9VAC5-50-50 A 6 shall be waived. The rescheduled 

opacity observations shall be conducted (to the extent possible) under the same operating 

conditions that existed during the initial performance test. The visible emissions observer shall 

determine whether visibility or other conditions prevent the opacity observations from being 

made concurrently with the initial performance 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 performance 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 performance 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 performance 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 

9VAC5-50-50 A 6. If, for some reason, the board cannot determine and record the opacity of 

emissions from the affected facility during the performance 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 performance test and shall furnish the board 

a written report of the monitoring results along with the Reference Method 9 and initial performance 

test results. 

H. 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 

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 standards of performance in this chapter shall not be affected in any manner by 

the stack height of any source or any other dispersion technique. 

I. 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 performance 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 VR120-05-02, eff. July 1, 1991; amended, Virginia Register Volume 18, Issue 21, eff. 

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

9VAC5-50-30. Performance testing. 

A. Performance tests for new or modified sources shall be conducted and reported and data shall be 

reduced as set forth in this chapter and the test methods and procedures contained in each applicable 
subpart listed in 9VAC5-50-410 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 performance 

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. Any new or modified source, for 

which no standards of performance are set forth in Article 5 (9VAC5-50-400 et seq.) of this part, shall be 

performance tested by 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 performance 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 a new or modified source subject to a standard 

of performance for volatile organic compounds, the test methods in 9VAC5-20-121 may be considered 

appropriate. 

B. Performance testing for new or modified 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, judgment and experience. When such tests are adjusted, consideration 

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

direction of persons whose qualifications are acceptable to the board. 

C. Performance tests for new or modified 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 
performance tests. Operation during periods of startup, shutdown and malfunction shall not constitute 

representative conditions for the purpose of a performance test. During the initial performance 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 a new or modified 

source during the performance tests required by this section. 

E. Unless specified otherwise in the applicable standard, each performance test for a new or modified 

source shall consist of three separate runs using the applicable test method. Each run shall be conducted 

for the time and under the conditions specified in the applicable standard. 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 new or modified source. Upon request of 

the board the owner shall provide, or cause to be provided, performance 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 performance 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 new or modified source subject to the provisions of 

this chapter shall conduct performance tests in accordance with procedures approved by the board. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from VR120-05-03, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 21, eff. 

August 1, 2002. 

9VAC5-50-40. Monitoring. 

A. Unless otherwise approved by the board or specified in applicable subparts listed in 9VAC5-50-410,

the requirements of this section shall apply to all continuous monitoring systems required for affected 

facilities in accordance with applicable subparts listed in 9VAC5-50-410. 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 prior to 

conducting performance tests under 9VAC5-50-30. Verification of operational status shall, as a minimum, 

include completion of the manufacturer's written requirements or recommendations for installation, 

operation and calibration of the device. 

C. During any performance tests required under 9VAC5-50-30 or within 30 days thereafter and at such 

other times as may be requested by the board, the owner of any affected facility 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. These continuous monitoring system 

performance evaluations shall be conducted in accordance with the requirements and procedures 

contained in the applicable performance specification of Appendix B of 40 CFR Part 60. 

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, 40 CFR 60.13 and the applicable subpart listed in 9VAC5-50-410. 
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 affected facility 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 that installation at alternate locations will enable accurate and 

representative measurements. 

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

applicable standards. 

6. Alternative procedures for performing daily checks or zero and span drift that do not involve use 

of span gases or test cells. 

7. Alternatives to the ASTM test methods or sampling procedures specified by any subpart listed in 

9VAC5-50-410. 

8. 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 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 demonstration be 

performed for each affected facility. 

9. Alternative monitoring requirements when the effluent from a single affected facility or the 

combined effluent from two or more affected facilities are released to the atmosphere through more 
than one point. 

10. 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 a new or modified 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 VR120-05-04, eff. January 1, 1985; amended, Virginia Register Volume 18, Issue 21, eff. 

August 1, 2002. 

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

A. Any owner of a new or modified source subject to the provisions of this chapter shall provide written 

notifications to the board of the following: 

1. The date of commencement of construction, reconstruction or modification of a new or modified 

source postmarked no later than 30 days after such date. 

2. The anticipated date of initial startup of a new or modified source postmarked not more than 60 

days nor less than 30 days prior to such date. 

3. The actual date of initial startup of a new or modified source postmarked within 15 days after 

such date. 

4. The date of any performance test required by 9VAC5 Chapter 80 (9VAC5-80) and any other 

performance 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. 
5. The date upon which demonstration of the continuous monitoring system performance begins in 

accordance with 9VAC5-50-40 C. Notification shall be postmarked not less than 30 days prior to 

such date. 

6. The anticipated date for conducting the opacity observations required by 9VAC5-50-20 G 1. The 

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

reader during a performance test. The notification shall be postmarked not less than 30 days prior 

to such date. 

B. Any owner of a new or modified source subject to the provisions of 9VAC5-50-40 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 subpart in 9VAC5-50-410) 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 subpart 

listed in 9VAC5-50-410 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 40 CFR 60.13(h), 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 a new or modified source subject to the provisions of this chapter shall maintain a file 

of all measurements, including continuous monitoring system, monitoring device, and performance 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 standard) 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 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 to demonstrate its continued exempt status. 

G. The owner of a new or modified source subject to any volatile organic compound emission 

standard for a coating operation or printing process shall maintain records in accordance with the 

applicable procedure in 9VAC5-20-121. 

H. Upon request of the board, the owner of a new or modified source subject to the provisions of this 

chapter shall provide notifications and reports, maintain records or report performance test or monitoring 
results in a manner and form and using procedures acceptable to the board. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

August 1, 2002.