Virginia Administrative Code

Database updated through January 6, 2011

Article 6 

Permits for New and Modified Stationary Sources 

9VAC5-80-1100. Applicability.

A. Except as provided in subsection C of this section, the provisions of this article apply to the 

construction, reconstruction, relocation or modification of any stationary source. 

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

C. The provisions of this article do not apply to any stationary source, emissions unit or facility that is 

exempt under the provisions of 9VAC5-80-1320. Exemption from the requirement to obtain a permit under 

this article shall not relieve any owner of the responsibility to comply with any other applicable provisions 

of regulations of the board or any other applicable regulations, laws, ordinances and orders of the 

governmental entities having jurisdiction. Any stationary source, emissions unit or facility which is exempt 

from the provisions of this article based on the criteria in 9VAC5-80-1320 but which exceeds the 

applicability thresholds for any applicable emission standard in 9VAC5 Chapter 40 (9VAC5-40) if it were 

an existing source or any applicable standard of performance in 9VAC5 Chapter 50 (9VAC5-50) shall be 

subject to the more restrictive of the provisions of either the emission standard in 9VAC5 Chapter 40 

(9VAC5-40) or the standard of performance in 9VAC5 Chapter 50 (9VAC5-50). 

D. The fugitive emissions of a stationary source, to the extent quantifiable, shall be included in 

determining whether it is subject to this article. The provisions of this article do not apply to a stationary 

source or modification that would be subject to this article only if fugitive emissions, to the extent 

quantifiable, are considered in calculating the uncontrolled emissions rate of the source or net emissions 

increase. 

E. An affected facility subject to Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5 Chapter 50 shall 

not be exempt from the provisions of this article, except where: 
1. The affected facility would be subject only to recordkeeping or reporting requirements or both 

under Article 5 (9VAC5-50-400 et seq.) of 9VAC5 Chapter 50; or 

2. The affected facility is constructed, reconstructed or modified at a stationary source which has a 

current permit for similar affected facilities that requires compliance with emission standards and 

other requirements that are not less stringent than the provisions of Article 5 (9VAC5-50-400 et 

seq.) of 9VAC5 Chapter 50. 

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

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

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

require a permit. 

G. No provision of this article shall be construed as exempting any stationary source or emissions unit 

from the provisions of the major new source review program. Accordingly, no provision of the major new 

source review program regulations shall be construed as exempting any stationary source or emissions 

unit from this article. 

H. Unless specified otherwise, the provisions of this article are applicable to various sources as 

follows: 

1. Provisions referring to "sources," "new or modified sources, or both" or "stationary sources" are 

applicable to the construction, reconstruction or modification of all stationary sources (including 

major stationary sources and major modifications) and the emissions from them to the extent that 

such sources and their emissions are not subject to the provisions of the major new source review 

program. 

2. Provisions referring to "major stationary sources" are applicable to the construction or 

reconstruction of all major stationary sources subject to this article. Provisions referring to "major 

modifications" are applicable to major modifications of stationary sources subject to this article. 

3. In cases where the provisions of the major new source review program conflict with those of this 
article, the provisions of the major new source review program shall prevail. 

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

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

state-only enforceable under 9VAC5-80-1120 F. 

Statutory Authority 

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

51, 61, 63, 70 and 72.

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002; amended, Virginia Register 

Volume 22, Issue 23, eff. September 1, 2006; Volume 25, Issue 6, eff. December 31, 2008. 

9VAC5-80-1110. Definitions. 

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

Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in 

subsection C of this section. 

B. As used in this article, all terms not defined here shall have the meanings given them in 9VAC5 

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

C. Terms defined. 

"Allowable emissions" means the emission rate of a stationary source calculated by using the 

maximum rated capacity of the source (unless the source is subject to state and federally enforceable 

limits which restrict the operating rate or hours of operation, or both) and the most stringent of the 

following: 

1. Applicable emission standards; 

2. The emission limitation specified as a state and federally enforceable permit condition, including 

those with a future compliance date; and 

3. Any other applicable emission limitation, including those with a future compliance date. 
"Applicable federal requirement" means all of, but not limited to, the following as they apply to 

emissions units in a source subject to this article (including requirements that have been promulgated or 

approved by the administrator through rulemaking at the time of permit issuance but have future-effective 

compliance dates): 

1. Any standard or other requirement provided for in an implementation plan established pursuant 

to § 110, § 111(d) or § 129 of the federal Clean Air Act, including any source-specific provisions 

such as consent agreements or orders. 

2. Any limit or condition in any construction permit issued under the new source review program or 

in any operating permit issued pursuant to the state operating permit program. 

3. Any emission standard, alternative emission standard, alternative emission limitation, equivalent 

emission limitation or other requirement established pursuant to § 112 or § 129 of the federal 

Clean Air Act as amended in 1990. 

4. Any new source performance standard or other requirement established pursuant to § 111 of the 

federal Clean Air Act, and any emission standard or other requirement established pursuant to § 

112 of the federal Clean Air Act before it was amended in 1990. 

5. Any limitations and conditions or other requirement in a Virginia regulation or program that has 

been approved by EPA under Subpart E of 40 CFR Part 63 for the purposes of implementing and 

enforcing § 112 of the federal Clean Air Act. 

6. Any requirement concerning accident prevention under § 112(r)(7) of the federal Clean Air Act. 

7. Any compliance monitoring requirements established pursuant to either § 504(b) or § 114(a)(3) 

of the federal Clean Air Act. 

8. Any standard or other requirement for consumer and commercial products under § 183(e) of the 

federal Clean Air Act. 

9. Any standard or other requirement for tank vessels under § 183(f) of the federal Clean Air Act. 

10. Any standard or other requirement in 40 CFR Part 55 to control air pollution from outer 
continental shelf sources. 

11. Any standard or other requirement of the regulations promulgated to protect stratospheric 

ozone under Title VI of the federal Clean Air Act, unless the administrator has determined that 

such requirements need not be contained in a permit issued under this article. 

12. With regard to temporary sources subject to 9VAC5-80-130, (i) any ambient air quality 

standard, except applicable state requirements and (ii) requirements regarding increments or 

visibility as provided in Article 8 (9VAC5-80-1605 et seq.) of this part.

"Begin actual construction" means initiation of permanent physical on-site construction of an 

emissions unit. This includes, but is not limited to, installation of building supports and foundations, laying 

of underground pipework, and construction of permanent storage structures. With respect to a change in 

method of operation, this term refers to those on-site activities other than preparatory activities which 

mark the initiation of the change. With respect to the initial location of a portable emissions unit, this term 

refers to the delivery of any portion of the portable emissions unit to the site. 

"Commence," as applied to the construction, reconstruction or modification of an emissions unit, 

means that the owner has all necessary preconstruction approvals or permits and has either: 

1. Begun, or caused to begin, a continuous program of actual on-site construction, reconstruction 

or modification of the unit, to be completed within a reasonable time; or 

2. Entered into binding agreements or contractual obligations, which cannot be canceled or 

modified without substantial loss to the owner, to undertake a program of actual construction, 

reconstruction or modification of the unit, to be completed within a reasonable time. 

"Complete application" means that the application contains all the information necessary for 

processing the application and that the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control 

Law have been met. Designating an application complete for purposes of permit processing does not 

preclude the board from requesting or accepting additional information. 

"Construction" means fabrication, erection or installation of an emissions unit. 
"Emergency" means, in the context of 9VAC5-80-1320 B 2, a situation where immediate action on the 

part of a source is needed and where the timing of the action makes it impractical to meet the 

requirements of this article, such as sudden loss of power, fires, earthquakes, floods or similar 

occurrences. 

"Emissions cap" means any limitation on the rate of emissions of any air pollutant from one or more 

emissions units established and identified as an emissions cap in any permit issued pursuant to the new 

source review program or operating permit program. 

"Emissions unit" means any part of a stationary source which emits or would have the potential to emit 

any regulated air pollutant. 

"Enforceable as a practical matter" means that the permit contains emission limitations that are 

enforceable by the board or the department and meet the following criteria: 

1. Are permanent; 

2. Contain a legal obligation for the owner to adhere to the terms and conditions; 

3. Do not allow a relaxation of a requirement of the implementation plan; 

4. Are technically accurate and quantifiable; 

5. Include averaging times or other provisions that allow at least monthly (or a shorter period if 

necessary to be consistent with the implementation plan) checks on compliance. This may include, 

but not be limited to, the following: compliance with annual limits in a rolling basis, monthly or 

shorter limits, and other provisions consistent with 9VAC5-80-1180 and other regulations of the 

board; and 

6. Require a level of recordkeeping, reporting and monitoring sufficient to demonstrate compliance. 

"Federal hazardous air pollutant new source review program" means a program for the 

preconstruction review and approval of new sources or expansions to existing ones in accordance with 

regulations specified below and promulgated to implement the requirements of § 112 (relating to 

hazardous air pollutants) of the federal Clean Air Act. 
1. The provisions of 40 CFR 61.05, 40 CFR 61.06, 40 CFR 61.07, 40 CFR 61.08 and 40 CFR 

61.15 for issuing approvals of the construction of any new source or modification of any existing 

source subject to the provisions of 40 CFR Part 61. These provisions of the federal hazardous air 

pollutant new source review program shall be implemented through this article and Article 1 

(9VAC5-60-60 et seq.) of 9VAC5 Chapter 60. 

2. The provisions of 40 CFR 63.5 for issuing approvals to construct a new source or reconstruct a 

source subject to the provisions of 40 CFR Part 63, except for Subparts B, D and E. These 

provisions of the federal hazardous air pollutant new source review program shall be implemented 

through this article and Article 2 (9VAC5-60-90 et seq.) of 9VAC5 Chapter 60. 

3. The provisions of 40 CFR 63.50 through 40 CFR 63.56 for issuing Notices of MACT approval 

prior to the construction of a new emissions unit. These provisions of the federal hazardous air 

pollutant new source review program shall be implemented through this article and Article 3 

(9VAC5-60-120 et seq.) of 9VAC5 Chapter 60. 

"Federally enforceable" means all limitations and conditions which are enforceable by the 

administrator and citizens under the federal Clean Air Act or that are enforceable under other statutes 

administered by the administrator. Federally enforceable limitations and conditions include, but are not 

limited to, the following: 

1. Emission standards, alternative emission standards, alternative emission limitations, and 

equivalent emission limitations established pursuant to § 112 of the federal Clean Air Act, as 

amended in 1990. 

2. New source performance standards established pursuant to § 111 of the federal Clean Air Act, 

and emission standards established pursuant to § 112 of the federal Clean Air Act before it was 

amended in 1990. 

3. 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. 
4. Limitations and conditions that are part of an implementation plan established pursuant to § 110, 

§ 111(d) or § 129 of the federal Clean Air Act. 

5. 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 the EPA in accordance with 

40 CFR Part 51. 

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

approved by the EPA into an implementation plan as meeting the 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. 

7. Limitations and conditions in a Virginia regulation or program that has been approved by the 

EPA under Subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of 

the federal Clean Air Act. 

8. Individual consent agreements that the EPA has legal authority to create. 

"Fixed capital cost" means the capital needed to provide all the depreciable components. 

"Fugitive emissions" means those emissions which could not reasonably pass through a stack, 

chimney, vent, or other functionally equivalent opening. 

"General permit" means a permit issued under this article that meets the requirements of 9VAC5-80-

1250. 

"Hazardous air pollutant" means any air pollutant listed in § 112(b) of the federal Clean Air Act, as 

amended by 40 CFR 63.60. 

"Major modification" means any modification defined as such in 9VAC5-80-1615 C or 9VAC5-80-2010 

C, as may apply. 

"Major new source review (major NSR) program" means a preconstruction review and permit program 

(i) for new major stationary sources or major modifications (physical changes or changes in the method of 

operation); (ii) established to implement the requirements of §§ 112, 165 and 173 of the federal Clean Air 
Act and associated regulations; and (iii) codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-

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

"Major stationary source" means any stationary source which emits, or has the potential to emit, 100 

tons or more per year of any regulated air pollutant. 

"Minor new source review (minor NSR) program" means a preconstruction review and permit program 

(i) for new stationary sources or modifications (physical changes or changes in the method of operation) 

that do not qualify for review under the major new source review program; (ii) established to implement 

the requirements of §§ 110(a)(2)(C) and 112 of the federal Clean Air Act and associated regulations; and 

(iii) codified in Article 6 (9VAC5-80-1100 et seq.) of this part. 

"Modification" means any physical change in, change in the method of operation of, or addition to, a 

stationary source that would result in a net emissions increase of any regulated air pollutant emitted into 

the atmosphere by the source or which results in the emission of any regulated air pollutant into the 

atmosphere not previously emitted, except that the following shall not, by themselves (unless previously 

limited by permit conditions), be considered modifications under this definition: 

1. Maintenance, repair and replacement which the board determines to be routine for a source type 

and which does not fall within the definition of "reconstruction"; 

2. An increase in the production rate of a unit, if that increase does not exceed the operating 

design capacity of that unit; 

3. An increase in the hours of operation; 

4. Use of an alternative fuel or raw material if, prior to the date any provision of the regulations of 

the board becomes applicable to the source type, the source was designed to accommodate that 

alternative use. A source shall be considered to be designed to accommodate an alternative fuel or 

raw material if provisions for that use were included in the final construction specifications; 

5. The addition, replacement or use of any system or device whose primary function is the 

reduction of air pollutants, except when a system or device that is necessary to comply with 
applicable air pollution control laws and regulations is replaced by a system or device which the 

board considers to be less efficient in the control of air pollution emissions; or 

6. The removal of any system or device whose primary function is the reduction of air pollutants if 

the system or device is not necessary for the source to comply with any applicable air pollution 

control laws or regulations. 

"Modified source" means any stationary source (or portion of it), the modification of which commenced 

on or after March 17, 1972. 

"Necessary preconstruction approvals or permits" means those permits or approvals required under 

federal air quality control laws and regulations, and those air quality control laws and regulations which 

are part of the implementation plan. 

"Net emissions increase" means the amount by which the sum of the following exceeds zero: (i) any 

increase in the uncontrolled emission rate from a particular physical change or change in the method of 

operation at a stationary source and (ii) any other increases and decreases in the uncontrolled emission 

rate at the source that are concurrent with the particular change and are otherwise creditable. An increase

or decrease in the uncontrolled emission rate is concurrent with the increase from the particular change 

only if it is directly resultant from the particular change. An increase or decrease in the uncontrolled 

emission rate is not creditable if the board has relied on it in issuing a permit for the source under the new 

source review program and that permit is in effect when the increase in the uncontrolled emission rate 

from the particular change occurs. Creditable increases and decreases shall be federally enforceable or 

enforceable as a practical matter. 

"New source" means any stationary source (or portion of it), the construction or relocation of which 

commenced on or after March 17, 1972; and any stationary source (or portion of it), the reconstruction of 

which commenced on or after December 10, 1976. 

"New source review (NSR) program" means a preconstruction review and permit program (i) for new 

stationary sources or modifications (physical changes or changes in the method of operation); (ii) 

established to implement the requirements of §§ 110(a)(2)(C), 112 (relating to permits for hazardous air 
pollutants), 165 (relating to permits in prevention of significant deterioration areas), and 173 (relating to 

permits in nonattainment areas) of the federal Clean Air Act and associated regulations; and (iii) codified 

in Article 6 (9VAC5-80-1100 et seq.), Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et 

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

"Nonroad engine" means any internal combustion engine: 

1. In or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling 

itself and performing another function (such as garden tractors, off-highway mobile cranes and 

bulldozers); 

2. In or on a piece of equipment that is intended to be propelled while performing its function (such 

as lawnmowers and string trimmers); or 

3. That, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to 

be capable of being carried or moved from one location to another. Indications of transportability 

include, but are not limited to, wheels, skids, carrying handles, dollies, trailers, or platforms. 

An internal combustion engine is not a nonroad engine if: 

1. The engine is used to propel a motor vehicle or a vehicle used solely for competition, or is 

subject to standards promulgated under § 202 of the federal Clean Air Act; or 

2. The engine otherwise included in subdivision 3 above remains or will remain at a location for 

more than 12 consecutive months or a shorter period of time for an engine located at a seasonal 

source. 

For purposes of this definition, a location is any single site at a building, structure, facility or 

installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform 

the same or similar function as the engine replaced will be included in calculating the consecutive time 

period. An engine located at a seasonal source is an engine that remains at a seasonal source during the 

full annual operating period of the seasonal source. A seasonal source is a stationary source that remains 

in a single location on a permanent basis (i.e., at least two years) and that operates at the single location 
approximately three months (or more) each year. This paragraph does not apply to an engine after the 

engine is removed from the location. 

"Portable," in reference to emissions units, means an emissions unit that is designed to have the 

capability of being moved from one location to another for the purpose of operating at multiple locations 

and storage when idle. Indications of portability include, but are not limited to, wheels, skids, carrying 

handles, dollies, trailers, or platforms. 

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its 

physical and operational design. Any physical or operational limitation on the capacity of the source to 

emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the 

type or amount of material combusted, stored, or processed, shall be treated as part of its design only if 

the limitation or its effect on emissions is state and federally enforceable. Secondary emissions do not 

count in determining the potential to emit of a stationary source. 

"Public comment period" means a time during which the public shall have the opportunity to comment 

on the new or modified source permit application information (exclusive of confidential information), the 

preliminary review and analysis of the effect of the source upon the ambient air quality, and the 

preliminary decision of the board regarding the permit application. 

"Reactivation" means beginning operation of an emissions unit that has been shut down. 

"Reconstruction" means the replacement of an emissions unit or its components to such an extent 

that: 

1. The fixed capital cost of the new components exceeds 50% of the fixed capital cost that would 

be required to construct a comparable entirely new unit; 

2. The replacement significantly extends the life of the emissions unit; and 

3. It is technologically and economically feasible to meet the applicable emission standards 

prescribed under regulations of the board. 

Any determination by the board as to whether a proposed replacement constitutes reconstruction shall 
be based on: 

1. The fixed capital cost of the replacements in comparison to the fixed capital cost of the 

construction of a comparable entirely new unit; 

2. The estimated life of the unit after the replacements compared to the life of a comparable 

entirely new unit; 

3. The extent to which the components being replaced cause or contribute to the emissions from 

the unit; and 

4. Any economic or technical limitations on compliance with applicable standards of performance 

which are inherent in the proposed replacements. 

"Regulated air pollutant" means any of the following: 

1. Nitrogen oxides or any volatile organic compound; 

2. Any pollutant for which an ambient air quality standard has been promulgated; 

3. Any pollutant subject to any standard promulgated under § 111 of the federal Clean Air Act; 

4. Any pollutant subject to a standard promulgated under or other requirements established under 

§ 112 of the federal Clean Air Act concerning hazardous air pollutants and any pollutant regulated 

under 40 CFR Part 63; or 

5. Any pollutant subject to a regulation adopted by the board. 

"Relocation" means a change in physical location of a stationary source or an emissions unit from one 

stationary source to another stationary source. 

"Secondary emissions" means emissions which occur or would occur as a result of the construction, 

reconstruction, modification or operation of a stationary source, but do not come from the stationary 

source itself. For the purpose of this article, secondary emissions must be specific, well-defined, and 

quantifiable; and must affect the same general areas as the stationary source which causes the 

secondary emissions. Secondary emissions include emissions from any off site support facility which 

would not be constructed or increase its emissions except as a result of the construction or operation of 
the stationary source. Secondary emissions do not include any emissions which come directly from a 

mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel. 

"State enforceable" means all limitations and conditions which are enforceable as a practical matter, 

including any regulation of the board, those requirements developed pursuant to 9VAC5-170-160, 

requirements within any applicable order or variance, and any permit requirements established pursuant 

to this chapter. 

"State operating permit program" means an operating permit program (i) for issuing limitations and 

conditions for stationary sources; (ii) promulgated to meet the EPA's minimum criteria for federal 

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

issuance of the final permit, and practicable enforceability; and (iii) codified in Article 5 (9VAC5-80-800 et 

seq.) of this part. 

"Stationary source" means any building, structure, facility or installation which emits or may emit any 

regulated air pollutant. A stationary source shall include all of the pollutant-emitting activities which belong 

to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are 

under the control of the same person (or persons under common control) except the activities of any 

watercraft or any nonroad engine. Pollutant-emitting activities shall be considered as part of the same 

industrial grouping if they belong to the same "major group" (i.e., which have the same two-digit code) as 

described in the "Standard Industrial Classification Manual," as amended by the supplement (see 9VAC5-

20-21). 

"Synthetic minor" means a stationary source whose potential to emit is constrained by state 

enforceable and federally enforceable limits, so as to place that stationary source below the threshold at 

which it would be subject to permit or other requirements governing major stationary sources in 

regulations of the board or in the federal Clean Air Act. 

"Uncontrolled emission rate" means the emission rate from an emissions unit when operating at 

maximum capacity without air pollution control equipment. Air pollution control equipment includes control 

equipment that is not vital to its operation, except that its use enables the owner to conform to applicable 
air pollution control laws and regulations. Annual uncontrolled emissions shall be based on the maximum 

annual rated capacity (based on 8,760 hours of operation per year) of the emissions unit, unless the 

emissions unit or stationary source is subject to state and federally enforceable permit conditions that limit 

the annual hours of operation. Enforceable permit conditions on the type or amount of material 

combusted, stored, or processed may be used in determining the uncontrolled emission rate of an 

emissions unit or stationary source. The uncontrolled emission rate of a stationary source is the sum of 

the uncontrolled emission rates of the individual emissions units. Secondary emissions do not count in 

determining the uncontrolled emission rate of a stationary source.

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002; amended, Virginia Register 

Volume 22, Issue 23, eff. September 1, 2006; Volume 25, Issue 6, eff. December 31, 2008. 

9VAC5-80-1120. General. 

A. No owner or other person shall begin actual construction, reconstruction or modification of any 

stationary source without first obtaining from the board a permit to construct and operate or to modify and 

operate the source. 

B. Except as provided in 9VAC5-80-1320 A 1 c, no owner or other person shall relocate any stationary 

source or emissions unit from one stationary source to another without first obtaining from the board a 

permit to relocate the source or unit. 

C. No owner or other person shall reduce the outlet elevation of any stack or chimney which 

discharges any pollutant from an affected facility without first obtaining a permit from the board. 

D. The board may combine the requirements of and the permits for emissions units within a stationary 

source subject to the new source review program into one permit. Likewise the board may require that 
applications for permits for emissions units within a stationary source required by any provision of the new 

source review program be combined into one application. 

E. The board may incorporate the terms and conditions of a state operating permit into a permit issued 

pursuant to this article. The permit issued pursuant to this article may supersede the state operating 

permit provided the public participation provisions of the state operating permit program are followed. The 

board may incorporate the terms and conditions of a permit issued pursuant to this article into a state 

operating permit provided all of the permitted emissions units are operational and determined to be in 

compliance in accordance with 9VAC5-80-1200. 

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

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

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

subdivision 2 of this subsection. 

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

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

40, Article 2 (9VAC5-50-130 et seq.) of 9VAC5 Chapter 50, Article 4 (9VAC5-60-200 et seq.) or 

Article 5 (9VAC5-60-300 et seq.) of 9VAC5 Chapter 60. 

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

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

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

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

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

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

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

determining the applicability of this article. 

H. For sources subject to the federal hazardous air pollutant new source review program, the 

provisions of the federal hazardous air pollutant new source review program shall be implemented 
through this article and the applicable article of 9VAC5 Chapter 60 (9VAC5-60). Permits issued under this 

article shall be the administrative mechanism for issuing approvals under the provisions of federal 

hazardous air pollutant new source review program. Except as noted below, in cases where there are 

differences between the provisions of this article and the provisions of federal hazardous air pollutant new 

source review program, the more restrictive provisions shall apply. The provisions of 9VAC5-80-1150 and 

9VAC5-80-1160 shall not apply to sources subject to the federal hazardous air pollutant new source 

review program. Other sections of this article also provide requirements relative to the application of this 

article to sources subject to the federal hazardous air pollutant new source review program, in which case 

those provisions shall prevail. This subsection applies only to the extent that the provisions of the federal 

hazardous air pollutant new source review program are not being implemented by other new source 

review program regulations of the board. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1130. [Reserved] 

9VAC5-80-1140. Applications. 

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

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

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

all units in the project may be submitted. 

B. A separate application is required for each stationary source. 

C. For projects with phased development, a single application should be submitted covering the entire 

project. 

D. Any application, form, report, or certification submitted to the board shall comply with the provisions 
of 9VAC5-20-230. 

E. Any application submitted pursuant to this article shall contain a certification signed by the applicant 

as follows: 

"I certify that I understand that the existence of a permit under this article does not shield the 

source from potential enforcement of any regulation of the board governing the major new source 

review program and does not relieve the source of the responsibility to comply with any applicable 

provision of the major NSR regulations." 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1150. Application information required. 

A. The board shall furnish application forms to applicants. Completion of these forms serves as initial 

registration of new and modified sources. 

B. Each application for a permit shall include such information as may be required by the board to 

determine the effect of the proposed source on the ambient air quality and to determine compliance with 

the emission standards which are applicable. The information required shall include, but is not limited to, 

the following: 

1. Company name and address (or plant name and address if different from the company name), 

owner's name and agent, and telephone number and names of plant site manager or contact or 

both. 

2. A description of the source's processes and products (by Standard Industrial Classification 

Code). 

3. All emissions of regulated air pollutants. 

a. A permit application shall describe all emissions of regulated air pollutants emitted from any 
emissions unit or group of emissions units to be covered by the permit. 

b. Emissions shall be calculated as required in the permit application form or instructions or in a 

manner acceptable to the board. 

c. Fugitive emissions shall be included in the permit application to the extent quantifiable. 

4. Emissions rates in tons per year and in such terms as are necessary to establish compliance 

consistent with the applicable standard reference test method. 

5. Information needed to determine or regulate emissions as follows: fuels, fuel use, raw materials, 

production rates, loading rates, and operating schedules. 

6. Identification and description of air pollution control equipment and compliance monitoring 

devices or activities. 

7. Limitations on source operation affecting emissions or any work practice standards, where 

applicable, for all regulated air pollutants at the source. 

8. Calculations on which the information in subdivisions 3 through 7 of this subsection is based. 

Any calculations shall include sufficient detail to permit assessment of the validity of such 

calculations. 

9. Any additional information or documentation that the board deems necessary to review and 

analyze the air pollution aspects of the stationary source or emissions unit, including the 

submission of measured air quality data at the proposed site prior to construction, reconstruction or 

modification. Such measurements shall be accomplished using procedures acceptable to the 

board. 

C. The above information and analysis shall be determined and presented according to procedures 

and using methods acceptable to the board. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 
Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1160. Action on permit application. 

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

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

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

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

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

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

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

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

processing under subsection B of this section shall be the date on which the board received all required 

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

applicable. 

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

through 4 of this subsection. Processing time for these steps is normally 90 days following receipt of a 

complete application. If a public hearing is required, processing time is normally 180 days following 

receipt of a complete application. The board may extend this time period if additional information is 

needed. 

1. Complete the preliminary review and analysis in accordance with 9VAC5-80-1190 and the 

preliminary determination of the board. This step may constitute the final step if the provisions of 

9VAC5-80-1170 concerning public participation are not applicable. 

2. When required, complete the public participation requirements in accordance with 9VAC5-80-

1170. 

3. Consider the public comments received in accordance with 9VAC5-80-1170.

4. Complete the final review and analysis and the final determination of the board. 
C. The board will normally take final action on an application after completion of the applicable steps in 

subsection B of this section, except in cases where direct consideration of the application by the board is 

granted pursuant to 9VAC5-80-25. The board will review any request made under 9VAC5-80-1170 F, and 

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

chapter. 

D. The board shall notify the applicant in writing of its decision on the application, including its 

reasons, and shall also specify the applicable emission limitations. These emission limitations are 

applicable during any emission testing conducted in accordance with 9VAC5-80-1200. 

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

Chapter 170. 

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

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

be made available for public inspection at the same location as was the information in 9VAC5-80-1170 E 

1. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002; amended, Virginia Register 

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

9VAC5-80-1170. Public participation.

A. No later than 15 days after receiving the initial determination notification required under 9VAC5-80-

1160 A, the applicant for a permit for a major stationary source or a major modification shall notify the 

public of the proposed major stationary source or major modification in accordance with subsection B of 

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

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

approved by the board and shall include, but not be limited to, the following: 

1. The source name, location, and type; 

2. The pollutants and the total quantity of each which the applicant estimates will be emitted, and a 

brief statement of the air quality impact of such pollutants; 

3. The control technology proposed to be used at the time of the publication of the notice; and 

4. The name and telephone number of a contact person, employed by the applicant, who can 

answer questions about the proposed source. 

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

manner, an applicant for a permit may implement an alternative plan for notifying the public to that 

required in subsections A and B of this section. 

D. Prior to the decision of the board, permit applications as specified below shall be subject to a public 

comment period of at least 30 days. At the end of the public comment period, a public hearing shall be 

held in accordance with subsection E of this section. 

1. Applications for stationary sources of hazardous air pollutants requiring a case-by-case 

maximum achievable control technology determination under Article 3 (9VAC5-60-120 et seq.) of 

9VAC5 Chapter 60. 

2. Applications for major stationary sources and major modifications. 

3. Applications for stationary sources which have the potential for public interest concerning air 

quality issues, as determined by the board in its discretion. The identification of such sources may 

be made using the following nonexclusive criteria: 

a. Whether the project is opposed by any person; 

b. Whether the project has resulted in adverse media; 

c. Whether the project has generated adverse comment through any public participation or 
governmental review process initiated by any other governmental agency; and 

d. Whether the project has generated adverse comment by a local official, governing body or 

advisory board. 

4. Applications for stationary sources for which any provision of the permit is to be based upon a 

good engineering practice (GEP) stack height that exceeds the height allowed by subdivisions 1 

and 2 of the GEP definition. The demonstration specified in subdivision 3 of the GEP definition 

must be available during the public comment period. 

E. When a public comment period and public hearing are required, the board shall notify the public, by 

advertisement in at least one newspaper of general circulation in the affected air quality control region, of 

the opportunity for the public comment and the public hearing on the information available for public 

inspection under the provisions of subdivision 1 of this subsection. The notification shall be published at 

least 30 days prior to the day of the public hearing. For permits subject to § 10.1-1307.01 of the Code of 

Virginia, written comments will be accepted by the board for at least 15 days after any hearing, unless the 

board votes to shorten the period.

1. Information on the permit application (exclusive of confidential information under 9VAC5-170-

60), as well as the preliminary review and analysis and preliminary determination of the board, 

shall be available for public inspection during the entire public comment period in at least one 

location in the affected air quality control region. 

2. A copy of the notice shall be sent to all local air pollution control agencies having jurisdiction in 

the affected air quality control region, all states sharing the affected air quality control region, and 

to the regional administrator, U.S. Environmental Protection Agency. 

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

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

Virginia Air Pollution Control Law. 

F. Following the initial publication of the notice required under subsection E of this section, the board 
will receive written requests for direct consideration of the application by the board pursuant to the 

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

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

contain the following information:

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

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

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

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

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

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

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

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

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

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

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

Control Law.

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

on the request as provided in 9VAC5-80-1160 C.

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

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

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

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

Statutory Authority 

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

51, 61, 63, 70 and 72. 
Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002; amended, Virginia Register 

Volume 25, Issue 6, eff. December 31, 2008; Volume 25, Issue 19, eff. June 24, 2009. 

9VAC5-80-1180. Standards and conditions for granting permits. 

A. No permit will be granted pursuant to this article unless it is shown to the satisfaction of the board 

that the source will comply with the following standards: 

1. The source shall be designed, built and equipped to comply with standards of performance 

prescribed under 9VAC5 Chapter 50 (9VAC5-50-10 et seq.) and with emission standards 

prescribed under 9VAC5 Chapter 60 (9VAC5-60-10 et seq.); 

2. For sources subject to the federal hazardous air pollutant new source review program, the 

source shall be designed, built, and equipped to comply with the applicable emission standard and 

other requirements prescribed in 40 CFR Part 61 or 63 or Article 3 (9VAC5-60-120 et seq.) of 

9VAC5 Chapter 60, as applicable; 

3. The source shall be designed, built and equipped to operate without preventing or interfering 

with the attainment or maintenance of any applicable ambient air quality standard and without 

causing or exacerbating a violation of any applicable ambient air quality standard; and 

4. The source shall be designed, built and equipped to operate without causing a violation of the 

applicable provisions of regulations of the board or the applicable control strategy portion of the 

implementation plan. 

B. Permits may be granted to stationary sources or emissions units that contain emission caps 

provided the caps are made enforceable as a practical matter using the elements set forth in subsection 

D of this section. 

C. Permits granted pursuant to this article may contain emissions standards as necessary to 

implement the provisions of this article and 9VAC5-50-260. The following criteria apply in establishing 

emission standards to the extent necessary to assure that emissions levels are enforceable as a practical 
matter: 

1. Standards may include the level, quantity, rate, or concentration or any combination of them for 

each affected pollutant. 

2. In no case shall a standard result in emissions which would exceed the emissions rate based on 

the potential to emit of the emissions unit. 

3. The standard may prescribe, as an alternative to or a supplement to an emission limitation, an 

equipment, work practice, fuels specification, process materials, maintenance, or operational 

standard, or any combination of them. 

D. Permits issued under this article will contain, but need not be limited to, any of the following 

elements as necessary to ensure that the permits are enforceable as a practical matter: 

1. Emission standards. 

2. Conditions necessary to enforce emission standards. Conditions may include, but not be limited 

to, any of the following: 

a. Limit on fuel sulfur content. 

b. Limit on production rates with time frames as appropriate to support the emission standards. 

c. Limit on raw material usage rate. 

d. Limits on the minimum required capture, removal and overall control efficiency for any air 

pollution control equipment. 

3. Specifications for permitted equipment, identified as thoroughly as possible. The identification 

shall include, but not be limited to, type, rated capacity, and size. Specifications included in the 

permit under this subdivision are for informational purposes only and do not form enforceable 

terms or conditions of the permit unless the specifications are needed to form the basis for one or 

more of the other terms or conditions in the permit. 

4. Specifications for air pollution control equipment installed or to be installed. Specifications 

included in the permit under this subdivision are for informational purposes only and do not form
enforceable terms or conditions of the permit unless the specifications are needed to form the 

basis for one or more of the other terms or conditions in the permit. 

5. Specifications for air pollution control equipment operating parameters and the circumstances 

under which such equipment shall be operated, where necessary to ensure that the required 

overall control efficiency is achieved. The operating parameters may include, but need not be 

limited to, any of the following: 

a. Pressure indicators and required pressure drop. 

b. Temperature indicators and required temperature. 

c. pH indicators and required pH. 

d. Flow indicators and required flow. 

6. Requirements for proper operation and maintenance of any pollution control equipment, and 

appropriate spare parts inventory. 

7. Stack test requirements. 

8. Reporting or recordkeeping requirements, or both. 

9. Continuous emission or air quality monitoring requirements, or both. 

10. Other requirements as may be necessary to ensure compliance with the applicable regulations. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1190. Application review and analysis. 

No permit shall be granted pursuant to this article unless compliance with the standards in 9VAC5-80-

1180 is demonstrated to the satisfaction of the board by a review and analysis of the application 

performed on a source-by-source basis as specified below:
1. Applications for stationary sources shall be subject to the following review and analysis: 

a. A control technology review to determine if the source will be designed, built and equipped to 

comply with all applicable standards of performance prescribed under 9VAC5 Chapter 50 

(9VAC5-50-10 et seq.). 

b. An air quality analysis to determine the impact of pollutant emissions as may be deemed 

appropriate by the board. 

2. Applications for stationary sources of hazardous air pollutants shall be subject to a control 

technology review to determine if the source will be designed, built and equipped to comply with all 

applicable emission standards prescribed under 9VAC5 Chapter 60 (9VAC5-60-10 et seq.). 

3. Applications under 9VAC5-80-1120 C shall be subject to an air quality analysis to determine the 

impact of applicable criteria pollutant emissions. 

4. Applications for sources subject to the federal hazardous air pollutant new source review 

program shall be subject to a control technology review to determine if the source will be designed, 

built and equipped to comply with all applicable emission standards prescribed under 40 CFR Part 

61 or 63 or Article 3 (9VAC5-60-120 et seq.) of 9VAC5 Chapter 60. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1200. Compliance determination and verification by performance testing. 

A. For stationary sources other than those specified in subsection B of this section, compliance with 

standards of performance shall be determined in accordance with the provisions of 9VAC5-50-20 and 

shall be verified by performance tests in accordance with the provisions of 9VAC5-50-30. 

B. For stationary sources of hazardous air pollutants, compliance with emission standards shall be 

determined in accordance with the provisions of 9VAC5-60-20 and shall be verified by emission tests in 
accordance with the provisions of 9VAC5-60-30. 

C. Testing required by subsections A and B of this section shall be conducted by the owner within 60 

days after achieving the maximum production rate at which the new or modified source will be operated, 

but not later than 180 days after initial startup of the source; and 60 days thereafter the board shall be

provided by the owner with one or, upon request, more copies of a written report of the results of the 

tests. 

D. For sources subject to the provisions of 40 CFR Part 60, 61 or 63, the compliance determination 

and performance test requirements of subsections A, B and C of this section shall be met as specified in 

those parts of Title 40 of the Code of Federal Regulations. 

E. For sources other than those specified in subsection D of this section, the requirements of 

subsections A, B and C of this section shall be met unless the board: 

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

methodology; 

2. Approves the use of an equivalent method; 

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

adequate for indicating whether a specific source is in compliance; 

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

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

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

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

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

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

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

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

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

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

applicable federal requirement promulgated under the federal Clean Air Act. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1210. Permit invalidation, suspension, revocation and enforcement. 

A. A permit granted pursuant to this article shall become invalid if a program of continuous 

construction, reconstruction or modification is not commenced within the latest of the following time 

frames: 

1. Eighteen months from the date the permit is granted; 

2. Nine months from the date of the issuance of the last permit or other authorization (other than 

permits granted pursuant to this article) from any governmental entity; or 

3. Nine months from the date of the last resolution of any litigation concerning any such permits or 

authorizations (including permits granted pursuant to this article). 

B. A permit granted pursuant to this article shall become invalid if a program of construction, 

reconstruction or modification is discontinued for a period of 18 months or more, or if a program of 

construction, reconstruction or modification is not completed within a reasonable time. This provision does 

not apply to the period between construction of the approved phases of a phased construction project; 

each phase must commence construction within 18 months of the projected and approved 

commencement date. 

C. The board may extend the periods prescribed in subsections A and B of this section upon a 

satisfactory demonstration that an extension is justified. Provided there is no substantive change to the 

application information, the review and analysis, and the decision of the board, such extensions may be 
granted using the procedures for minor amendments in 9VAC5-80-1280. 

D. Any owner who constructs or operates a new or modified source not in accordance with the terms 

and conditions of any permit to construct or operate, or any owner of a new or modified source subject to 

this article who commences construction or operation without receiving a permit hereunder, shall be 

subject to appropriate enforcement action including, but not limited to, any specified in this section. 

E. Permits issued under this article shall be subject to such terms and conditions set forth in the permit 

as the board may deem necessary to ensure compliance with all applicable requirements of the 

regulations of the board. 

F. The board may revoke any permit if the permittee: 

1. Knowingly makes material misstatements in the permit application or any amendments to it; 

2. Fails to comply with the terms or conditions of the permit; 

3. Fails to comply with any emission standards applicable to an emissions unit included in the 

permit; 

4. Causes emissions from the stationary source which result in violations of, or interfere with the 

attainment and maintenance of, any ambient air quality standard; or fails to operate in 

conformance with any applicable control strategy, including any emission standards or emission 

limitations, in the implementation plan in effect at the time that an application is submitted; or 

5. Fails to comply with the applicable provisions of this article. 

G. The board may suspend, under such conditions and for such period of time as the board may 

prescribe, any permit for any of the grounds for revocation contained in subsection F of this section or for 

any other violations of the regulations of the board. 

H. The permittee shall comply with all terms and conditions of the permit. Any permit noncompliance 

constitutes a violation of the Virginia Air Pollution Control Law and is grounds for (i) enforcement action or 

(ii) suspension or revocation. 

I. Violation of the regulations of the board shall be grounds for revocation of permits issued under this 
article and are subject to the civil charges, penalties and all other relief contained in Part V (9VAC5-170-

120 et seq.) of 9VAC5 Chapter 170 and the Virginia Air Pollution Control Law. 

J. The board shall notify the applicant in writing of its decision, with its reasons, to change, suspend or 

revoke a permit, or to render a permit invalid. 

K. Nothing in the regulations of the board shall be construed to prevent the board and the owner from 

making a mutual determination that a permit is invalid or revoked prior to any final decision rendered 

under subsection J of this section. 

L. Nothing in the regulations of the board shall be construed to prevent the board and the owner from 

making a mutual determination that a permit is rescinded because all of the statutory or regulatory 

requirements (i) upon which the permit is based or (ii) that necessitated issuance of the permit are no 

longer applicable. 

M. Except with respect to permits issued in accordance with Article 3 (9VAC5-60-120 et seq.) of 

9VAC5 Chapter 60, the provisions of subsections A, B and C shall not apply to sources subject to the 

federal hazardous air pollutant new source review program. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1220. Existence of permit no defense. 

The existence of a permit under this article shall not constitute defense to a violation of the Virginia Air 

Pollution Control Law or the regulations of the board and shall not relieve any owner of the responsibility 

to comply with any applicable regulations, laws, ordinances and orders of the governmental entities 

having jurisdiction. 

Statutory Authority 

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

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1230. Compliance with local zoning requirements. 

No provision of this part or any permit issued thereunder shall relieve any owner from the 

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

in which the source is located or proposes to be located; provided, however, that such compliance does 

not relieve the board of its duty under 9VAC5-170-170 and § 10.1-1307 E of the Virginia Air Pollution 

Control Law to independently consider relevant facts and circumstances. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1240. Transfer of permits. 

A. No person shall transfer a permit from one location to another, or from one piece of equipment to 

another. 

B. In the case of a transfer of ownership of a stationary source, the new owner shall abide by any 

current permit issued to the previous owner. The new owner shall notify the board of the change in 

ownership within 30 days of the transfer. 

C. In the case of a name change of a stationary source, the owner shall abide by any current permit 

issued under the previous source name. The owner shall notify the board of the change in source name 

within 30 days of the name change. 

D. The provisions of this section concerning the transfer of a permit from one location to another shall 

not apply to the relocation of portable emission units that are exempt from the provisions of this article by 

9VAC5-80-1320 A 1 c. 

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

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1250. General permits. 

A. The requirements for issuance of a general permit are as follows: 

1. The board may issue a general permit covering a stationary source or emissions unit category 

containing numerous similar stationary sources or emissions units that meet the following criteria: 

a. All stationary sources or emissions units in the category shall be essentially the same in 

terms of operations and processes and emit either the same pollutants or those with similar 

characteristics. 

b. Stationary sources or emissions units shall not be subject to case-by-case standards or 

requirements. 

c. Stationary sources or emissions units shall be subject to the same or substantially similar 

requirements governing operation, emissions, monitoring, reporting, or recordkeeping. 

2. Stationary sources or emissions units operating under the authority of a general permit shall 

comply with all requirements applicable to other permits issued under this article. 

3. General permits shall (i) identify the criteria by which stationary sources or emissions units may 

qualify for the general permit and (ii) describe the process for stationary sources or emissions units 

to use in applying for the general permit. 

4. General permits shall be issued in accordance with § 2.2-4006 A 9 of the Administrative Process 

Act. 

5. In addition to fulfilling the requirements specified by law, the notice of public comment shall 

include, but not be limited to, the following: 

a. The name, address and telephone number of a department contact from whom interested 

persons may obtain additional information including copies of the draft general permit; 
b. The criteria to be used in determining which stationary sources or emissions units qualify for 

coverage under the general permit; 

c. A brief description of the stationary source or emissions unit category that the department 

believes qualifies for coverage under the general permit including, but not limited to, an 

estimate of the number of individual stationary sources or emissions units in the category; 

d. A brief description of the application process to be used by stationary sources or emissions 

units to request coverage under the general permit; and 

e. A brief description of the public comment procedures. 

B. The requirements for application for coverage under a general permit are as follows: 

1. Stationary sources or emissions units which qualify for coverage under a general permit may 

apply to the board for coverage under the terms of the general permit. Stationary sources or 

emissions units that do not qualify for coverage under a general permit shall apply for a permit 

issued under the other provisions of this article. 

2. The application shall meet the requirements of this article and include all information necessary 

to determine qualification for and to assure compliance with the general permit. 

3. Stationary sources or emissions units that qualify for coverage under the general permit after 

coverage is granted to other stationary sources or emissions units in the category addressed by 

the general permit shall file an application with the board using the application process described in 

the general permit. The board shall grant authority to operate under the general permit to the 

stationary source or emissions unit if it determines that the stationary source or emissions unit 

meets the criteria set out in the general permit. 

C. The requirements for granting authority to operate under a general permit are as follows: 

1. The board shall grant authority to operate under the conditions and terms of the general permit 

to stationary sources or emissions units that meet the criteria set out in the general permit covering 

the specific stationary source or emissions unit category. 
2. Granting authority to operate under a general permit to a stationary source or emissions unit 

covered by a general permit shall not require compliance with the public participation procedures 

under 9VAC5-80-1170. 

3. A response to each general permit application may be provided at the discretion of the board. 

The general permit may specify a reasonable time period after which a stationary source or 

emissions unit that has submitted an application shall be deemed to be authorized to operate 

under the general permit. 

4. Stationary sources or emissions units authorized to operate under a general permit may be 

issued a letter, a certificate, or a summary of the general permit provisions, limits, and 

requirements, or any other document which would attest that the stationary source or emissions 

unit is authorized to operate under the general permit. 

5. The general permit shall specify where the general permit and the letter, certificate, summary or 

other document shall be maintained by the source. 

D. The stationary source or emissions unit shall be subject to enforcement action under 9VAC5-80-

1210 for operation without a permit issued under this article if the stationary source or emissions unit is 

later determined by the board not to qualify for the conditions and terms of the general permit. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002; Errata, 18:23 VA.R. 3136 

July 29, 2002. 

9VAC5-80-1260. Changes to permits. 

A. The general requirements for making changes to permits are as follows: 

1. Changes to a permit issued under this article shall be made as specified under subsections B 

and C of this section and 9VAC5-80-1270 through 9VAC5-80-1300. 
2. Changes to a permit issued under this article may be initiated by the permittee as specified in 

subsection B of this section or by the board as specified in subsection C of this section. 

3. Changes to a permit issued under this article and incorporated into a permit issued under Article 

1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part shall be made as specified 

in Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part. 

4. This section shall not be applicable to general permits. 

B. The requirements for changes initiated by the permittee are as follows: 

1. The permittee may initiate a change to a permit by submitting a written request to the board for 

an administrative permit amendment, a minor permit amendment or a significant permit 

amendment. The requirements for these permit revisions can be found in 9VAC5-80-1270 through 

9VAC5-80-1290. 

2. A request for a change by a permittee shall include a statement of the reason for the proposed 

change. 

C. The board may initiate a change to a permit through the use of permit reopenings as specified in 

9VAC5-80-1300. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1270. Administrative permit amendments. 

A. Administrative permit amendments shall be required for and limited to the following: 

1. Correction of typographical or any other error, defect or irregularity which does not substantially 

affect the permit. 

2. Identification of a change in the name, address, or phone number of any person identified in the 
permit, or of a similar minor administrative change at the source. 

3. Change in ownership or operational control of a source where the board determines that no 

other change in the permit is necessary, provided that a written agreement containing a specific 

date for transfer of permit responsibility, coverage, and liability between the current and new 

permittee has been submitted to the board and the requirements of 9VAC5-80-1240 have been 

fulfilled. 

4. The combining of permits under the new source review program as provided in 9VAC5-80-1120 

D. 

B. The administrative permit amendment procedures are as follows: 

1. The board will normally take final action on a request for an administrative permit amendment no 

more than 60 days from receipt of the request. 

2. The board will incorporate the changes without providing notice to the public under 9VAC5-80-

1170 and designate in the permit amendment that such permit revisions have been made pursuant 

to this section. 

3. The owner may implement the changes addressed in the request for an administrative 

amendment immediately upon submittal of the request. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1280. Minor permit amendments. 

A. Minor permit amendment procedures shall be used only for those permit amendments that: 

1. Do not violate any applicable federal requirement; 

2. Do not involve significant changes to existing monitoring, reporting, or recordkeeping 

requirements that would make the permit requirements less stringent, such as a change to the 
method of monitoring to be used, a change to the method of demonstrating compliance or a 

relaxation of reporting or recordkeeping requirements; 

3. Do not require or change a case-by-case determination of an emission limitation or other 

standard; 

4. Do not seek to establish or change a permit term or condition (i) for which there is no 

corresponding underlying applicable regulatory requirement and (ii) that the source has assumed 

to avoid an applicable regulatory requirement to which the source would otherwise be subject. 

Such terms and conditions include: 

a. An emissions cap assumed to avoid classification as a modification under the new source 

review program or § 112 of the federal Clean Air Act; and 

b. An alternative emissions limit approved pursuant to regulations promulgated under § 

112(i)(5) of the federal Clean Air Act; 

5. Are not modifications under the new source review program or under § 112 of the federal Clean 

Air Act; and 

6. Are not required to be processed as a significant amendment under 9VAC5-80-1290 or as an 

administrative permit amendment under 9VAC5-80-1270. 

B. Notwithstanding subsection A of this section, minor permit amendment procedures may be used for 

permit amendments that: 

1. Involve the use of economic incentives, emissions trading, and other similar approaches to the 

extent that such minor permit amendment procedures are explicitly provided for in a regulation of 

the board or a federally-approved program. 

2. Require more frequent monitoring or reporting by the permittee or a reduction in the level of an 

emissions cap. 

3. Designate any term or permit condition that meets the criteria in 9VAC5-80-1120 F 1 (i) as stateonly enforceable as provided in 9VAC5-80-1120 F 2 for any permit issued under this article or any 
regulation from which this article is derived. 

C. Notwithstanding subsection A of this section, minor permit amendment procedures may be used for 

permit amendments involving the rescission of a provision of a permit if the board and the owner make a 

mutual determination that the provision is rescinded because all of the statutory or regulatory 

requirements (i) upon which the provision is based or (ii) that necessitated inclusion of the provision are 

no longer applicable. 

D. A request for the use of minor permit amendment procedures shall include all of the following: 

1. A description of the change, the emissions resulting from the change, and any new applicable 

regulatory requirements that will apply if the change occurs.

2. A request that such procedures be used. 

E. The public participation requirements of 9VAC5-80-1170 shall not extend to minor permit 

amendments. 

F. Normally within 90 days of receipt by the board of a complete request under minor permit 

amendment procedures, the board will do one of the following: 

1. Issue the permit amendment as proposed. 

2. Deny the permit amendment request. 

3. Determine that the requested amendment does not meet the minor permit amendment criteria 

and should be reviewed under the significant amendment procedures. 

G. The requirements for making changes are as follow: 

1. The owner may make the change proposed in the minor permit amendment request immediately 

after the request is filed. 

2. After the change under subdivision 1 of this subsection is made, and until the board takes any of 

the actions specified in subsection F of this section, the source shall comply with both the 

applicable regulatory requirements governing the change and the proposed permit terms and 

conditions. 
3. During the time period specified in subdivision 2 of this subsection, the owner need not comply 

with the existing permit terms and conditions he seeks to modify. However, if the owner fails to 

comply with the proposed permit terms and conditions during this time period, the existing permit 

terms and conditions he seeks to modify may be enforced against him. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1290. Significant amendment procedures. 

A. The criteria for use of significant amendment procedures are as follows: 

1. Significant amendment procedures shall be used for requesting permit amendments that do not 

qualify as minor permit amendments under 9VAC5-80-1280 or as administrative amendments 

under 9VAC5-80-1270. 

2. Significant amendment procedures shall be used for those permit amendments that: 

a. Involve significant changes to existing monitoring, reporting, or recordkeeping requirements 

that would make the permit requirements less stringent, such as a change to the method of 

monitoring to be used, a change to the method of demonstrating compliance or a relaxation of 

reporting or recordkeeping requirements. 

b. Require or change a case-by-case determination of an emission limitation or other standard. 

c. Seek to establish or change a permit term or condition (i) for which there is no corresponding 

underlying applicable regulatory requirement and (ii) that the source has assumed to avoid an 

applicable regulatory requirement to which the source would otherwise be subject. Such terms 

and conditions include: 

(1) An emissions cap assumed to avoid classification as a modification under the new source 

review program or § 112 of the federal Clean Air Act; and 
(2) An alternative emissions limit approved pursuant to regulations promulgated under § 

112(i)(5) of the federal Clean Air Act. 

B. A request for a significant permit amendment shall include a description of the change, the 

emissions resulting from the change, and any new applicable regulatory requirements that will apply if the 

change occurs. The applicant may, at the applicant's discretion, include a suggested draft permit 

amendment.

C. The provisions of 9VAC5-80-1170 shall apply to requests made under this section if the permit is 

for a stationary source subject to 9VAC5-80-1170. 

D. The board will normally take final action on significant permit amendments within 90 days after 

receipt of a complete request. If a public hearing is required, processing time for a permit amendment is 

normally 180 days following receipt of a complete request except in cases where direct consideration of 

the request by the board is granted pursuant to 9VAC5-80-25. The board may extend this time period if 

additional information is needed. 

E. The owner shall not make the change applied for in the significant amendment request until the 

amendment is approved by the board under subsection D of this section. 

Statutory Authority 

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

51, 61, 63, 70 and 72. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002; amended, Virginia Register 

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

9VAC5-80-1300. Reopening for cause. 

A. A permit may be reopened and amended under any of the following situations: 

1. Additional regulatory requirements become applicable to the emissions units covered by the 

permit after a permit is issued but prior to commencement of construction. 
2. The board determines that the permit contains a material mistake or that inaccurate statements 

were made in establishing the emissions standards or other terms or conditions of the permit. 

3. The board determines that the permit must be amended to assure compliance with the 

applicable regulatory requirements or that the conditions of the permit are not sufficient to meet all 

of the standards and requirements contained in this article. 

4. A new emission standard prescribed under 40 CFR Part 60, 61 or 63 becomes applicable after a 

permit is issued but prior to initial startup. 

B. Proceedings to reopen and reissue a permit shall follow the same procedures as apply to initial 

permit issuance and shall affect only those parts of the permit for which cause to reopen exists. Such 

reopening shall be made as expeditiously as practicable. 

C. Reopenings shall not be initiated before a notice of such intent is provided to the source by the 

board at least 30 days in advance of the date that the permit is to be reopened, except that the board may 

provide a shorter time period in the case of an emergency. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002. 

9VAC5-80-1310. [Repealed] 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002; repealed, Virginia Register 

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

9VAC5-80-1320. Permit exemption levels. 

A. The general requirements for permit exemption levels are as follows: 

1. The provisions of this article do not apply to the following stationary sources or emissions units: 
a. The construction, reconstruction, relocation or modification of any stationary source or 

emissions unit that is exempt under the provisions of subsections B through F of this section. 

b. The reconstruction of any stationary source or emissions unit if the potential to emit resulting 

from the reconstruction will not increase. 

c. The relocation of a portable emissions unit provided that: 

(1) The new emissions from the portable emissions unit are secondary emissions; 

(2) The portable emissions unit has previously been permitted or is subject to a general permit; 

(3) The unit would not undergo modification or reconstruction; 

(4) The unit is suitable to the area in which it is to be located; and 

(5) Reasonable notice is given to the board prior to the relocation identifying the proposed new 

location and the probable duration of operation at the new location. Such notice shall be given 

to the board not less than 15 days in advance of the proposed relocation unless a different time 

duration is previously approved by the board. 

d. The reactivation of a stationary source unless a determination concerning shutdown has 

been made pursuant to the provisions of 9VAC5-20-220. 

e. The use by any source of an alternative fuel or raw material, if the following conditions are 

met:

(1) The owner demonstrates to the board that, as a result of trial burns at the owner's facility or 

other facilities or other sufficient data, the emissions resulting from the use of the alternative 

fuel or raw material supply are decreased. No demonstration will be required for the use of 

processed animal fat, processed fish oil, processed vegetable oil, distillate oil, or any mixture 

thereof in place of the same quantity of residual oil to fire industrial boilers.

(2) The use of an alternative fuel or raw material would not be subject to review under this 

article as a modification.

2. In determining whether a facility source is exempt from the provisions of this article, the 
provisions of subsections B through D of this section are independent from the provisions of 

subsections E and F of this section. A source must be determined to be exempt both under the 

provisions of subsections B through D taken as a group and under the provisions of subsection E 

or F to be exempt from this article. 

3. In determining whether a facility is exempt from the provisions of this article under the provisions 

of subsection B of this section, the definitions in 9VAC5 Chapter 40 (9VAC5-40-10 et seq.) that 

would cover the facility if it were an existing source shall be used unless deemed inappropriate by 

the board. 

4. Any owner claiming that a facility is exempt from this article under the provisions of this section 

shall keep records as may be necessary to demonstrate to the satisfaction of the board that the 

facility was exempt at the time a permit would have otherwise been required under this article. 

B. Facilities as specified below shall be exempt from the provisions of this article as they pertain to 

construction, modification, reconstruction or relocation. 

1. Fuel burning equipment units (external combustion units, not engines and turbines) as follows: 

a. Using solid fuel with a maximum heat input of less than 1,000,000 Btu per hour. 

b. Using liquid fuel with a maximum heat input of less than 10,000,000 Btu per hour. 

c. Using liquid and gaseous fuel with a maximum heat input of less than 10,000,000 Btu per 

hour. 

d. Using gaseous fuel with a maximum heat input of less than 50,000,000 Btu per hour. 

2. Engines and turbines used for emergency purposes only and which do not exceed 500 hours of 

operation per year at a single stationary source as follows: 

a. Gasoline engines with an aggregate rated brake (output) horsepower of less than 910 hp and 

gasoline engines powering electrical generators having an aggregate rated electrical power 

output of less than 611 kilowatts. 

b. Diesel engines with an aggregate rated brake (output) horsepower of less than 1,675 hp and 
diesel engines powering electrical generators having an aggregate rated electrical power output 

of less than 1125 kilowatts. 

c. Combustion gas turbines with an aggregate of less than 10,000,000 Btu per hour heat input 

(low heating value). 

3. Engines that power mobile sources during periods of maintenance, repair or testing. 

4. Volatile organic compound storage and transfer operations involving petroleum liquids and other 

volatile organic compounds with a vapor pressure less than 1.5 pounds per square inch absolute 

under actual storage conditions or, in the case of loading or processing, under actual loading or 

processing conditions; and any operation specified below: 

a. Volatile organic compound transfer operations involving: 

(1) Any tank of 2,000 gallons or less storage capacity; or 

(2) Any operation outside the volatile organic compound emissions control areas designated in 

9VAC5-20-206. 

b. Volatile organic compound storage operations involving any tank of 40,000 gallons or less 

storage capacity. 

5. Vehicle customizing coating operations, if production is less than 20 vehicles per day. 

6. Vehicle refinishing operations. 

7. Coating operations for the exterior of fully assembled aircraft or marine vessels. 

8. Petroleum liquid storage and transfer operations involving petroleum liquids with a vapor 

pressure less than 1.5 pounds per square inch absolute under actual storage conditions or, in the 

case of loading or processing, under actual loading or processing conditions (kerosene and fuel oil 

used for household heating have vapor pressures of less than 1.5 pounds per square inch absolute 

under actual storage conditions; therefore, kerosene and fuel oil are not subject to the provisions of 

this article when used or stored at ambient temperatures); and any operation or facility specified 

below: 
a. Gasoline bulk loading operations at bulk terminals located outside volatile organic compound 

emissions control areas designated in 9VAC5-20-206. 

b. Gasoline dispensing facilities. 

c. Gasoline bulk loading operations at bulk plants: 

(1) With an expected daily throughput of less than 4,000 gallons; or 

(2) Located outside volatile organic compound emissions control areas designated in 9VAC5-

20-206. 

d. Account/tank trucks; however, permits issued for gasoline storage/transfer facilities should 

include a provision that all associated account/tank trucks meet the same requirements as 

those trucks serving existing facilities. 

e. Petroleum liquid storage operations involving: 

(1) Any tank of 40,000 gallons or less storage capacity; 

(2) Any tank of less than 420,000 gallons storage capacity for crude oil or condensate stored, 

processed or treated at a drilling and production facility prior to custody transfer; or 

(3) Any tank storing waxy, heavy pour crude oil. 

9. Petroleum dry cleaning plants with a total manufacturers' rated solvent dryer capacity less than 

84 pounds as determined by the applicable new source performance standard in 9VAC5-50-410. 

10. Any addition of, relocation of or change to a woodworking machine within a wood product 

manufacturing plant provided the system air movement capacity, expressed as the cubic feet per 

minute of air, is not increased and maximum control efficiency of the control system is not 

decreased. 

11. Wood sawmills and planing mills primarily engaged in sawing rough lumber and timber from 

logs and bolts, or resawing cants and flitches into lumber, including box lumber and softwood cut 

stock; planing mills combined with sawmills; and separately operated planing mills that are 

engaged primarily in producing surfaced lumber and standard workings or patterns of lumber. This 
also includes facilities primarily engaged in sawing lath and railroad ties and in producing tobacco 

hogshead stock, wood chips, and snow fence lath. This exemption does not include any facility that 

engages in the kiln drying of lumber. 

12. Exhaust flares at natural gas and coalbed methane extraction wells. 

C. The exemption of new and relocated sources shall be determined as specified below: 

1. Stationary sources with a potential to emit at rates less than all of the emission rates specified 

below shall be exempt from the provisions of this article pertaining to construction or relocation. 

Pollutant Emissions Rate

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 40 tpy

Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

Particulate Matter (PM10) 15 tpy

Volatile organic compounds 25 tpy

Lead 0.6 tpy

Fluorides 3 tpy

Sulfuric Acid Mist 6 tpy

Hydrogen Sulfide (H2S) 9 tpy

Total Reduced Sulfur (including H2S) 9 tpy

Reduced Sulfur Compounds (including H2S) 9 tpy

Municipal waste combustor organics (measured 

as total tetra-through octa-chlorinated dibenzo-pdioxins and dibenzofurans)

3.5 x 10-6tpy

Municipal waste combustor metals (measured as 

particulate matter)

13 tpy

Municipal waste combustor acid gases (measured 

as the sum of SO2 and HCI)

35 tpy

Municipal solid waste landfill emissions (measured 

as nonmethane organic compounds)

22 tpy

2. Facilities exempted by subsection B of this section shall not be included in the determination of 
potential to emit of a stationary source for purposes of exempting sources under this subsection. 

3. If the particulate matter (PM10) emissions for a stationary source can be determined in a manner 

acceptable to the board and the stationary source is deemed exempt using the emission rate for 

particulate matter (PM10), the stationary source shall be considered to be exempt for particulate 

matter. If the emissions of particulate matter (PM10) cannot be determined in a manner acceptable 

to the board, the emission rate for particulate matter shall be used to determine the exemption 

status. 

D. The exemption of modified and reconstructed sources shall be determined as specified below: 

1. Stationary sources with net emissions increases less than all of the emission rates specified 

below shall be exempt from the provisions of this article pertaining to modification or 

reconstruction. 

Pollutant Emissions Rate

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 10 tpy

Sulfur Dioxide 10 tpy

Particulate Matter 15 tpy

Particulate Matter (PM10) 10 tpy

Volatile organic compounds 10 tpy

Lead 0.6 tpy

Fluorides 3 tpy

Sulfuric Acid Mist 6 tpy

Hydrogen Sulfide (H2S) 9 tpy

Total Reduced Sulfur (including H2S) 9 tpy

Reduced Sulfur Compounds (including H2S) 9 tpy

Municipal waste combustor organics (measured 

as total tetra-through octa-chlorinated dibenzo-pdioxins and dibenzofurans)

3.5 x 10-6tpy

Municipal waste combustor metals (measured as 

particulate matter)

13 tpy
Municipal waste combustor acid gases (measured 

as the sum of SO2 and HCl)

35 tpy

Municipal solid waste landfill emissions (measured 

as nonmethane organic compounds)

22 tpy

2. Facilities exempted by subsection B of this section shall not be included in the determination of 

net emissions increase of a stationary source for purposes of exempting sources under this 

subsection. However, any other increases and decreases in the uncontrolled emission rate at the 

source that are concurrent with a particular change shall be included in the determination of net 

emissions increase of a stationary source for purposes of exempting sources under this 

subsection, and if the change is not exempt, the other increases shall be subject to 9VAC5-50-260 

C.

3. If the particulate matter (PM10) emissions for a stationary source can be determined in a manner 

acceptable to the board and the stationary source is deemed exempt using the emission rate for 

particulate matter (PM10), the stationary source shall be considered to be exempt for particulate 

matter. If the emissions of particulate matter (PM10) cannot be determined in a manner acceptable 

to the board, the emission rate for particulate matter shall be used to determine the exemption 

status. 

E. Exemptions for stationary sources of toxic pollutants not subject to the federal hazardous air 

pollutant new source review program shall be as follows: 

1. Stationary sources exempt from the requirements of Article 5 (9VAC5-60-300 et seq.) of 9VAC5 

Chapter 60 as provided in 9VAC5-60-300 C 1, C 2, D or E shall be exempt from the provisions of 

this article. 

2. Facilities as specified below shall not be exempt, regardless of size or emission rate, from the 

provisions of this article. 

a. Incinerators, unless the incinerator is used exclusively as air pollution control equipment. 

b. Ethylene oxide sterilizers. 
c. Boilers, incinerators, or industrial furnaces as defined in 40 CFR 260.10 and subject to 

9VAC20 Chapter 60 (9VAC20-60) 

F. Any source category or portion of a source category subject to the federal hazardous air pollutant 

new source review program shall be exempt from the provisions of this article if specifically exempted 

from that program by 40 CFR Part 61 or 63. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

Derived from Virginia Register Volume 18, Issue 20, eff. September 1, 2002; amended, Virginia Register 

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