COM}IfONWEALTH of VIRGINiA 

Street address: 629 East Main Street Richmond. 

Duuglas v,r UOffi-:ncch 

Secretary of )\an~mj Resources 

Ma't/m,xaddress' PO Box 1105. !{'c'm1()nd. Vircinia Davrd K, Pa:> lor 

r:hrcc~or 

Ms. Diana Esher, Director 

Air Protection Division (3APOO) 

TDD 

SEP 27 Z010 

(80-+) 698-4-(jUO 

1-?lOG-592-54x2 

u.s. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

Dear Ms. Esher: 

Reference: Permits for Major Stationary Sources 

and Major Modifications Locating in 

Prevention of Significant 

Deterioration Areas, and Permits for 

Major Stationary Sources and Major 

Modifications Locating in 

Nonattainment Areas or the Ozone 

Transport Region, Revision C08 

Pursuant to the requirements of § 110 ofthe Clean Air Act, we are officially requesting 

approval of a revision to the Commonwealth of Virginia State Implementation Plan approved 

and submitted under the authority of § 10.1-1185 of the Code of Virginia and in accordance with 

the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of 

Implementation Plans). 

This revision consists of amendments to 9V AC5 Chapter 80 that add provisions to allow 

the terms and conditions of the various elements of the NSR program to be combined into a 

single permit. This revision also limits the issuance of PAL permits to the state operating permit 

program, and updates and restructures provisions which provide certain exemptions related to the 

use of alternative fuels or raw materials to ensure there is no conflict between federal law or 

regulation and the regulation requirements of § 1 0.1-1322.4 of the Code of Virginia. A number of 

administrative amendments were also made. The regulation amendments were adopted by the 
State Air Pollution Control Board on December 15, 2008 under the authority of § 10.1-1308 of 

the Code of Virginia. 

Enclosed are the following: 

1. A true copy of the official regulation (Revision COS) which was published in the 

Virginia Register of Regulations on June 8, 2009 after being duly adopted by the 

State Air Pollution Control Board on December 15, 2008, certified by the Office 

of the Attorney General as within the board's statutory authority on January 21, 

2009 and thus fully enforceable under Virginia law, and submitted to the Virginia 

Registrar on behalf of the board by the Department of Environmental Quality as a 

true and accurate copy of the duly adopted regulation on May 19, 2009, providing 

the evidence required by Section 2.1 (b) and ( e) of Appendix V of 40 CFR Part 51. 

2. Certification of public participation activities and compliance with state 

administrative procedures. 

3. Public participation record. 

If you have any questions or need additional information, please let us know. 

.~. rely, ! (\ 

. IJ90~el David K. Paylor 

DKPIgeg 

TEMPLATESISIP-REGIREGOO 

SIPINONA TTN AREAS120 lOIC08-SIP.DOC 

Enclosures 
ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION C08

CONCERNING

PERMITS FOR STATIONARY SOURCES

(9VAC5 CHAPTER 80)

Adoption Date: December 15, 2008

Effective Date: July 23, 2009

The following table lists the specific provisions of the attached regulations that will be 

used to implement the State Implementation Plan (SIP). A copy of the actual regulation 

submitted for approval and incorporation by reference into the Virginia SIP is included 

in Enclosure 2.

CHAPTER 80 PERMITS FOR STATIONARY SOURCES

PART II Permit Procedures

ARTICLE 8 PERMITS FOR MAJOR STATIONARY SOURCES AND MAJOR 

MODIFICATIONS LOCATING IN PREVENTION OF SIGNIFICANT 

DETERIORATION AREAS

9VAC5-80-1615 Definitions (modified)

major modification, minor new source review (minor NSR) 

program, PAL permit

9VAC5-80-1625 General (modified)

9VAC5-80-1695 Exemptions (modified)

9VAC5-80-1915 Actions to combine permit terms and conditions (added)

9VAC5-80-1925 Actions to change permits (modified)

9VAC5-80-1935 Administrative permit amendments (modified)

9VAC5-80-1945 Minor permit amendments (modified)

9VAC5-80-1955 Significant amendment procedures (modified)

9VAC5-80-1965 Reopening for cause (modified)

ARTICLE 9 PERMITS FOR MAJOR STATIONARY SOURCES AND MAJOR 

MODIFICATIONS LOCATING IN NONATTAINMENT AREAS

9VAC5-80-2010 Definitions (modified)

major modification, minor new source review (minor NSR) 

program, PAL permit
9VAC5-80-2140 Exemptions (modified)

9VAC5-80-2195 Actions to combine permit terms and conditions (added)

9VAC5-80-2200 Actions to change permits (modified)

9VAC5-80-2210 Administrative permit amendments (modified)

9VAC5-80-2220 Minor permit amendments (modified)

9VAC5-80-2230 Significant amendment procedures (modified)

9VAC5-80-2240 Reopening for cause (modified)

TEMPLATES\SIP-REG\REG01

SIP\NONATTN PLANS\2010\C08-SIP-1.DOC
COMMONWEALTH OF VIRGINIA PAGE 1 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

9VAC5 CHAPTER 80.

PERMITS FOR STATIONARY SOURCES.

Part II.

Permit Procedures.

ARTICLE 8.

Permits for Major Stationary Sources and Major Modifications Locating

in Prevention of Significant Deterioration Areas.

(replaces Article 8 [9VAC5-80-1700 et seq.])

9VAC5-80-1615. Definitions.

A. As used in this article, all words or terms not defined herein shall have the 

meaning given them in 9VAC5 Chapter 10 (9VAC5-10) 9VAC5-10 (General 

Definitions), unless otherwise required by context.

B. For the purpose of this article, 9VAC5-80-280 and applying this article in the 

context of the Regulations for the Control and Abatement of Air Pollution and related 

uses, the words or terms shall have the meaning given them in subsection C of this 

section:

C. Terms defined.

"Actual emissions" means the actual rate of emissions of a regulated NSR 

pollutant from an emissions unit, as determined in accordance with subdivisions a 

through c of this definition, except that this definition shall not apply for calculating 

whether a significant emissions increase has occurred, or for establishing a PAL under 

9VAC5-80-1865. Instead, the definitions of "projected actual emissions" and "baseline 

actual emissions" shall apply for those purposes.

a. In general, actual emissions as of a particular date shall equal 

the average rate, in tons per year, at which the unit actually emitted the pollutant during 

a consecutive 24-month period that precedes the particular date and that is 

representative of normal source operation. The board will allow the use of a different 

time period upon a determination that it is more representative of normal source 

operation. Actual emissions shall be calculated using the unit's actual operating hours, 

production rates, and types of materials processed, stored, or combusted during the 

selected time period.

b. The board may presume that source-specific allowable 

emissions for the unit are equivalent to the actual emissions of the unit.

c. For any emissions unit that has not begun normal operations on
COMMONWEALTH OF VIRGINIA PAGE 2 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

the particular date, actual emissions shall equal the potential to emit of the unit on that 

date.

"Actuals PAL for a major stationary source" means a PAL based on the 

baseline actual emissions of all emissions units at the source, that emit or have the

potential to emit the PAL pollutant.

"Administrator" means the administrator of the U.S. Environmental 

Protection Agency (EPA) or an authorized representative.

"Adverse impact on visibility" means visibility impairment that interferes 

with the management, protection, preservation or enjoyment of the visitor's visual 

experience of the federal class I area. This determination shall be made on a 

case-by-case basis taking into account the geographic extent, intensity, duration, 

frequency and time of visibility impairment, and how these factors correlate with (i) 

times of visitor use of the federal class I areas, and (ii) the frequency and timing of 

natural conditions that reduce visibility.

"Allowable emissions" means the emissions rate of a stationary source 

calculated using the maximum rated capacity of the source (unless the source is 

subject to federally and state enforceable limits that restrict the operating rate, or hours 

of operation, or both) and the most stringent of the following:

a. The applicable standards as set forth in 40 CFR Parts 60, 61, 

and 63;

b. The applicable implementation plan emissions limitation 

including those with a future compliance date; or

c. The emissions limit specified as a federally and state 

enforceable permit condition, including those with a future compliance date.

For the purposes of actuals PALs, "allowable emissions" shall also be calculated 

considering any emission limitations that are enforceable as a practical matter on the 

emissions unit's potential to emit.

"Applicable federal requirement" means all of, but not limited to, the 

following as they apply to emissions units in a source subject to this article (including 

requirements that have been promulgated or approved by the administrator through 

rulemaking at the time of permit issuance but have future-effective compliance dates):

a. Any standard or other requirement provided for in an 

implementation plan established pursuant to § 110 or § 111(d) of the federal Clean Air 

Act, including any source-specific provisions such as consent agreements or orders.
COMMONWEALTH OF VIRGINIA PAGE 3 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

b. Any limit or condition in any construction permit issued under the 

new source review program or in any operating permit issued pursuant to the state 

operating permit program.

c. Any emission standard, alternative emission standard, alternative 

emission limitation, equivalent emission limitation or other requirement established 

pursuant to § 112 or § 129 of the federal Clean Air Act as amended in 1990.

d. Any new source performance standard or other requirement 

established pursuant to § 111 of the federal Clean Air Act, and any emission standard 

or other requirement established pursuant to § 112 of the federal Clean Air Act before it 

was amended in 1990.

e. Any limitations and conditions or other requirement in a Virginia 

regulation or program that has been approved by EPA under subpart E of 40 CFR Part 

63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.

f. Any requirement concerning accident prevention under § 

112(r)(7) of the federal Clean Air Act.

g. Any compliance monitoring requirements established pursuant to 

either § 504(b) or § 114(a)(3) of the federal Clean Air Act.

h. Any standard or other requirement for consumer and commercial 

products under § 183(e) of the federal Clean Air Act.

i. Any standard or other requirement for tank vessels under § 183(f) 

of the federal Clean Air Act.

j. Any standard or other requirement in 40 CFR Part 55 to control 

air pollution from outer continental shelf sources.

k. Any standard or other requirement of the regulations 

promulgated to protect stratospheric ozone under Title VI of the federal Clean Air Act, 

unless the administrator has determined that such requirements need not be contained 

in a permit issued under this article.

l. With regard to temporary sources subject to 9VAC5-80-130, (i) 

any ambient air quality standard, except applicable state requirements, and (ii) 

requirements regarding increments or visibility as provided in this article.

"Baseline actual emissions" means the rate of emissions, in tons per year, 

of a regulated NSR pollutant, as determined in accordance with the following:
COMMONWEALTH OF VIRGINIA PAGE 4 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

a. For any existing electric utility steam generating unit, baseline 

actual emissions means the average rate, in tons per year, at which the unit actually 

emitted the pollutant during any consecutive 24-month period selected by the owner 

within the five-year period immediately preceding when the owner begins actual 

construction of the project. The board will allow the use of a different time period upon a 

determination that it is more representative of normal source operation.

(1) The average rate shall include fugitive emissions to the 

extent quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions.

(2) The average rate shall be adjusted downward to exclude 

any noncompliant emissions that occurred while the source was operating above any 

emission limitation that was legally enforceable during the consecutive 24-month 

period.

(3) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month period shall be used to 

determine the baseline actual emissions for the emissions units being changed. The 

same consecutive 24-month period shall be used for each different regulated NSR 

pollutant unless the owner can demonstrate to the satisfaction of the board that a 

different consecutive 24-month period for a different pollutant or pollutants is more 

appropriate due to extenuating circumstances.

(4) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount if required by subdivision a 

(2) of this definition.

b. For an existing emissions unit (other than an electric utility steam 

generating unit), baseline actual emissions means the average rate, in tons per year, at 

which the emissions unit actually emitted the pollutant during any consecutive 24-month 

period selected by the owner within the five-year period immediately preceding either 

the date the owner begins actual construction of the project, or the date a complete 

permit application is received by the board for a permit required under this article, 

whichever is earlier, except that the five-year period shall not include any period earlier 

than November 15, 1990. The board will allow the use of a different time period upon a 

determination that it is more representative of normal source operation.

(1) The average rate shall include fugitive emissions to the 

extent quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions.
COMMONWEALTH OF VIRGINIA PAGE 5 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

(2) The average rate shall be adjusted downward to exclude 

any noncompliant emissions that occurred while the source was operating above any 

emission limitation that was legally enforceable during the consecutive 24-month 

period.

(3) The average rate shall be adjusted downward to exclude 

any emissions that would have exceeded an emission limitation with which the major 

stationary source must currently comply, had such major stationary source been 

required to comply with such limitations during the consecutive 24-month period.

However, if an emission limitation is part of a maximum achievable control technology 

standard that the administrator proposed or promulgated under 40 CFR Part 63, the 

baseline actual emissions need only be adjusted if the board has taken credit for such 

emissions reductions in an attainment demonstration or maintenance plan consistent 

with the requirements of 9VAC5-80-2120 K.

(4) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month period shall be used to 

determine the baseline actual emissions for all the emissions units being changed. The 

same consecutive 24-month period shall be used for each different regulated NSR 

pollutant unless the owner can demonstrate to the satisfaction of the board that a 

different consecutive 24-month period for a different pollutant or pollutants is more 

appropriate due to extenuating circumstances.

(5) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount if required by subdivisions b 

(2) and (3) of this definition.

c. For a new emissions unit, the baseline actual emissions for 

purposes of determining the emissions increase that will result from the initial 

construction and operation of such unit shall equal zero; and thereafter, for all other 

purposes, shall equal the unit's potential to emit.

d. For a PAL for a stationary source, the baseline actual emissions 

shall be calculated for existing electric utility steam generating units in accordance with 

the procedures contained in subdivision a of this definition, for other existing emissions 

units in accordance with the procedures contained in subdivision b of this definition, and 

for a new emissions unit in accordance with the procedures contained in subdivision c 

of this subsection. 

"Baseline area"

a. Means any intrastate area (and every part thereof) designated 

as attainment or unclassifiable under § 107(d)(1)(C) of the federal Clean Air Act in 
COMMONWEALTH OF VIRGINIA PAGE 6 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

which the major source or major modification establishing the minor source baseline 

date would construct or would have an air quality impact equal to or greater than 1 

μg/m3(annual average) of the pollutant for which the minor source baseline date is 

established.

b. Area redesignations under § 107(d)(3) of the federal Clean Air 

Act cannot intersect or be smaller than the area of impact of any major stationary 

source or major modification that:

(1) Establishes a minor source baseline date; or

(2) Is subject to this article or 40 CFR 52.21 and would be 

constructed in the same state as the state proposing the redesignation.

c. Any baseline area established originally for the TSP increments 

shall remain in effect and shall apply for purposes of determining the amount of 

available PM10 increments, except that such baseline area shall not remain in effect if 

the board rescinds the corresponding minor source baseline date in accordance with 

subdivision d of the definition of "baseline date."

"Baseline concentration"

a. Means that ambient concentration level that exists in the 

baseline area at the time of the applicable minor source baseline date. A baseline 

concentration is determined for each pollutant for which a minor source baseline date is 

established and shall include:

(1) The actual emissions representative of sources in 

existence on the applicable minor source baseline date, except as provided in 

subdivision b of this definition; and

(2) The allowable emissions of major stationary sources that 

commenced construction before the major source baseline date, but were not in 

operation by the applicable minor source baseline date.

b. The following will not be included in the baseline concentration 

and will affect the applicable maximum allowable increase(s):

(1) Actual emissions from any major stationary source on 

which construction commenced after the major source baseline date; and

(2) Actual emissions increases and decreases at any 

stationary source occurring after the minor source baseline date.

"Baseline date"
COMMONWEALTH OF VIRGINIA PAGE 7 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

a. "Major source baseline date" means:

(1) In the case of particulate matter and sulfur dioxide, 

January 6, 1975, and

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

b. "Minor source baseline date" means the earliest date after the 

trigger date on which a major stationary source or a major modification subject to this 

article submits a complete application under this article. The trigger date is:

(1) In the case of particulate matter and sulfur dioxide, 

August 7, 1977, and

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

c. The baseline date is established for each pollutant for which 

increments or other equivalent measures have been established if:

(1) The area in which the proposed source or modification 

would construct is designated as attainment or unclassifiable under § 107(d)(1)(C) of 

the federal Clean Air Act for the pollutant on the date of its complete application under 

this article or 40 CFR 52.21; and

(2) In the case of a major stationary source, the pollutant 

would be emitted in significant amounts, or, in the case of a major modification, there 

would be a significant net emissions increase of the pollutant.

d. Any minor source baseline date established originally for the 

TSP increments shall remain in effect and shall apply for purposes of determining the 

amount of available PM10 increments, except that the board may rescind any such 

minor source baseline date where it can be shown, to the satisfaction of the board, that 

the emissions increase from the major stationary source, or the net emissions increase 

from the major modification, responsible for triggering that date did not result in a 

significant amount of PM10 emissions.

"Begin actual construction" means, in general, initiation of physical on-site 

construction activities on an emissions unit that are of a permanent nature. Such 

activities include, but are not limited to, installation of building supports and foundations, 

laying of underground pipework, and construction of permanent storage structures.

With respect to a change in method of operation, this term refers to those on-site 

activities other than preparatory activities that mark the initiation of the change.
COMMONWEALTH OF VIRGINIA PAGE 8 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

"Best available control technology" means an emissions limitation 

(including a visible emissions standard) based on the maximum degree of reduction for 

each regulated NSR pollutant that would be emitted from any proposed major 

stationary source or major modification that the board, on a case-by-case basis, taking 

into account energy, environmental, and economic impacts and other costs, determines 

is achievable for such source or modification through application of production 

processes or available methods, systems, and techniques, including fuel cleaning or 

treatment or innovative fuel combustion techniques for control of such pollutant. In no 

event shall application of best available control technology result in emissions of any 

pollutant that would exceed the emissions allowed by any applicable standard under 40 

CFR Parts 60, 61, and 63. If the board determines that technological or economic 

limitations on the application of measurement methodology to a particular emissions 

unit would make the imposition of an emissions standard infeasible, a design, 

equipment, work practice, operational standard, or combination thereof, may be 

prescribed instead to satisfy the requirement for the application of best available control 

technology. Such standard shall, to the degree possible, set forth the emissions 

reduction achievable by implementation of such design, equipment, work practice or 

operation, and shall provide for compliance by means that achieve equivalent results.

"Building, structure, facility or installation" means all of the 

pollutant-emitting activities that belong to the same industrial grouping, are located on 

one or more contiguous or adjacent properties, and are under the control of the same 

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

Pollutant-emitting activities shall be considered as part of the same industrial grouping if 

they belong to the same "Major Group" (i.e., that have the same first two-digit code) as 

described in the Standard Industrial Classification Manual (see 9VAC5-20-21).

"Clean coal technology" means any technology, including technologies 

applied at the precombustion, combustion, or post-combustion stage, at a new or 

existing facility that will achieve significant reductions in air emissions of sulfur dioxide 

or oxides of nitrogen associated with the utilization of coal in the generation of 

electricity, or process steam that was not in widespread use as of November 15, 1990.

"Clean coal technology demonstration project" means a project using 

funds appropriated under the heading "Department of Energy-Clean Coal Technology", 

up to a total amount of $2,500,000,000 for commercial demonstration of clean coal 

technology, or similar projects funded through appropriations for EPA. The federal 

contribution for a qualifying project shall be at least 20% of the total cost of the 

demonstration project.

"Commence" as applied to construction of a major stationary source or 

major modification, means that the owner has all necessary preconstruction approvals 

or permits and either has:
COMMONWEALTH OF VIRGINIA PAGE 9 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

a. Begun, or caused to begin, a continuous program of actual 

on-site construction of the source, to be completed within a reasonable time; or

b. Entered into binding agreements or contractual obligations, that 

cannot be canceled or modified without substantial loss to the owner, to undertake a 

program of actual construction of the source, to be completed within a reasonable time.

"Complete" means, in reference to an application for a permit, that the 

application contains all of the information necessary for processing the application and 

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

Designating an application complete for the purposes of permit processing does not 

preclude the board from requesting or accepting any additional information.

"Construction" means any physical change or change in the method of 

operation (including fabrication, erection, installation, demolition, or modification of an 

emissions unit) that would result in a change in emissions.

"Continuous emissions monitoring system" or "CEMS" means all of the 

equipment that may be required to meet the data acquisition and availability 

requirements of this article, to sample, condition (if applicable), analyze, and provide a 

record of emissions on a continuous basis.

"Continuous emissions rate monitoring system" or "CERMS" means the 

total equipment required for the determination and recording of the pollutant mass 

emissions rate (in terms of mass per unit of time).

"Continuous parameter monitoring system" or "CPMS" means all of the 

equipment necessary to meet the data acquisition and availability requirements of this 

article, to monitor process and control device operational parameters (for example, 

control device secondary voltages and electric currents) and other information (for 

example, gas flow rate, O2 or CO2 concentrations), and to record average operational 

parameter value(s) on a continuous basis.

"Electric utility steam generating unit" means any steam electric 

generating unit that is constructed for the purpose of supplying more than one-third of 

its potential electric output capacity and more than 25 MW electrical output to any utility 

power distribution system for sale. Any steam supplied to a steam distribution system 

for the purpose of providing steam to a steam-electric generator that would produce 

electrical energy for sale is also considered in determining the electrical energy output 

capacity of the affected facility.

"Emissions unit" means any part of a stationary source that emits or would 

have the potential to emit any regulated NSR pollutant and includes an electric utility 

steam generating unit. For purposes of this definition, there are two types of emissions 
COMMONWEALTH OF VIRGINIA PAGE 10 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

units: (i) a new emissions unit is any emissions unit that is (or will be) newly constructed 

and that has existed for less than two years from the date such emissions unit first 

operated; and (ii) an existing emissions unit is any emissions unit that is not a new 

emissions unit.

"Enforceable as a practical matter" means that the permit contains 

emission limitations that are enforceable by the board or the department and meet the 

following criteria:

a. Are permanent;

b. Contain a legal obligation for the owner to adhere to the terms 

and conditions;

c. Do not allow a relaxation of a requirement of the implementation 

plan;

d. Are technically accurate and quantifiable;

e. Include averaging times or other provisions that allow at least 

monthly (or a shorter period if necessary to be consistent with the implementation plan) 

checks on compliance. This may include, but not be limited to, the following: 

compliance with annual limits on a rolling basis, monthly or shorter limits, and other 

provisions consistent with this article and other regulations of the board; and

f. Require a level of recordkeeping, reporting and monitoring 

sufficient to demonstrate compliance.

"Federal land manager" means, with respect to any lands in the United 

States, the secretary of the department with authority over such lands.

"Federally enforceable" means all limitations and conditions that are 

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

enforceable under other statutes administered by the administrator. Federally 

enforceable limitations and conditions include, but are not limited to, the following:

a. Emission standards, alternative emission standards, alternative 

emission limitations, and equivalent emission limitations established pursuant to § 112 

of the federal Clean Air Act as amended in 1990.

b. New source performance standards established pursuant to § 

111 of the federal Clean Air Act, and emission standards established pursuant to § 112 

of the federal Clean Air Act before it was amended in 1990.
COMMONWEALTH OF VIRGINIA PAGE 11 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

c. All terms and conditions (unless expressly designated as not 

federally enforceable) in a federal operating permit, including any provisions that limit a 

source's potential to emit.

d. Limitations and conditions that are part of an implementation 

plan established pursuant to § 110, § 111(d) or § 129 of the federal Clean Air Act.

e. Limitations and conditions (unless expressly designated as not 

federally enforceable) that are part of a federal construction permit issued under 40 

CFR 52.21 or a new source review permit issued under regulations approved by the 

EPA into the implementation plan.

f. Limitations and conditions (unless expressly designated as not 

federally enforceable) that are part of a state operating permit where the permit and the 

permit program pursuant to which it was issued meet all of the following criteria:

(1) The operating permit program has been approved by the 

EPA into the implementation plan under §110 of the federal Clean Air Act;

(2) The operating permit program imposes a legal obligation 

that operating permit holders adhere to the terms and limitations of such permits and 

provides that permits that do not conform to the operating permit program requirements 

and the requirements of EPA’s underlying regulations may be deemed not “federally 

enforceable” by EPA;

(3) The operating permit program requires that all emission 

limitations, controls, and other requirements imposed by such permits will be at least as 

stringent as any other applicable limitations and requirements contained in the 

implementation plan or enforceable under the implementation plan, and that the 

program may not issue permits that waive, or make less stringent, any limitations or 

requirements contained in or issued pursuant to the implementation plan, or that are 

otherwise “federally enforceable”;

(4) The limitations, controls, and requirements in the permit 

in question are permanent, quantifiable, and otherwise enforceable as a practical 

matter; and

(5) The permit in question was issued only after adequate 

and timely notice and opportunity for comment by the EPA and the public.

g. Limitations and conditions in a regulation of the board or 

program that has been approved by the EPA under subpart E of 40 CFR Part 63 for the 

purposes of implementing and enforcing § 112 of the federal Clean Air Act.
COMMONWEALTH OF VIRGINIA PAGE 12 of 70

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

h. Individual consent agreements that the EPA has legal authority 

to create.

"Federal operating permit" means a permit issued under the federal 

operating permit program.

“Federal operating permit program” means an operating permit system (i) 

for issuing terms and conditions for major stationary sources, (ii) established to 

implement the requirements of Title V of the federal Clean Air Act and associated 

regulations, and (iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-

310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of 

this part.

"Fugitive emissions" means those emissions that could not reasonably 

pass through a stack, chimney, vent, or other functionally equivalent opening.

"High terrain" means any area having an elevation 900 feet or more above 

the base of the stack of a source.

"Indian governing body" means the governing body of any tribe, band, or 

group of Indians subject to the jurisdiction of the United States and recognized by the 

United States as possessing power of self-government.

"Indian reservation" means any federally recognized reservation 

established by treaty, agreement, executive order, or act of Congress.

"Innovative control technology" means any system of air pollution control 

that has not been adequately demonstrated in practice, but would have substantial 

likelihood of achieving greater continuous emissions reduction than any control system 

in current practice or of achieving at least comparable reductions at lower cost in terms 

of energy, economics, or nonair quality environmental impacts.

"Lowest achievable emission rate" or "LAER" is as defined in 9VAC5-80-

2010 C.

"Locality particularly affected" means any locality that bears any identified 

disproportionate material air quality impact that would not be experienced by other 

localities.

"Low terrain" means any area other than high terrain.

"Major emissions unit" means (i) any emissions unit that emits or has the 

potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; 

or (ii) any emissions unit that emits or has the potential to emit the PAL pollutant for 
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nonattainment areas in an amount that is equal to or greater than the major source 

threshold for the PAL pollutant in subdivision a (1) of the definition of “major stationary 

source” in 9VAC5-80-2010 C.

"Major modification"

a. Means any physical change in or change in the method of 

operation of a major stationary source that would result in a significant emissions 

increase of a regulated NSR pollutant, and a significant net emissions increase of that 

pollutant from the major stationary source.

b. Any significant emissions increase from any emissions units or 

net emissions increase at a major stationary source that is significant for volatile organic 

compounds shall be considered significant for ozone.

c. A physical change or change in the method of operation shall not 

include the following:

(1) Routine maintenance, repair and replacement.

(2) Use of an alternative fuel or raw material by reason of an 

order under § 2 (a) and (b) of the Energy Supply and Environmental Coordination Act of 

1974 (or any superseding legislation) or by reason of a natural gas curtailment plant 

pursuant to the Federal Power Act.

(3) Use of an alternative fuel by reason of any order or rule 

under § 125 of the federal Clean Air Act.

(4) Use of an alternative fuel at a steam generating unit to 

the extent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary 

source that:

(a) The source was capable of accommodating 

before January 6, 1975, unless such change would be prohibited under any federally 

and state enforceable permit condition that was established after January 6, 1975 

pursuant to 40 CFR 52.21 or this chapter; or

(b) The source is approved to use under any permit 

issued under 40 CFR 52.21 or this chapter; and

(c) The owner demonstrates to the board that as a 

result of trial burns at the source or other sources or other sufficient data that the
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emissions resulting from the use of the alternative fuel or raw material supply are 

decreased.

(6) An increase in the hours of operation or in the production 

rate, unless such change is prohibited under any federally and state enforceable permit 

condition that was established after January 6, 1975 pursuant to 40 CFR 52.21 or this 

chapter.

(7) Any change in ownership at a stationary source.

(8) The installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, provided that the project 

complies with:

(a) The applicable implementation plan, and

(b) Other requirements necessary to attain and 

maintain the ambient air quality standards during the project and after it is terminated.

(9) The installation or operation of a permanent clean coal 

technology demonstration project that constitutes repowering, provided that the project 

does not result in an increase in the potential to emit of any regulated pollutant emitted 

by the unit. This exemption shall apply on a pollutant-by-pollutant basis.

(10) The reactivation of a very clean coal-fired electric utility 

steam generating unit.

d. This definition shall not apply with respect to a particular 

regulated NSR pollutant when the major stationary source is complying with the 

requirements under 9VAC5-80-1865 for a PAL for that pollutant. Instead, the definition 

of "PAL major modification" shall apply.

“Major new source review (NSR) permit” means a permit issued under the 

major new source review program.

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

review and permit program (i) for new major stationary sources or major modifications 

(physical changes or changes in the method of operation), (ii) established to implement 

the requirements of §§ 112, 165 and 173 of the federal Clean Air Act and associated 

regulations, and (iii) codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-

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

"Major stationary source"
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a. Means:

(1) Any of the following stationary sources of air pollutants 

that emits, or has the potential to emit, 100 tons per year or more of a regulated NSR 

pollutant:

(a) Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input.

(b) Coal cleaning plants (with thermal dryers).

(c) Kraft pulp mills.

(d) Portland cement plants.

(e) Primary zinc smelters.

(f) Iron and steel mill plants.

(g) Primary aluminum ore reduction plants.

(h) Primary copper smelters.

(i) Municipal incinerators capable of charging more 

than 250 tons of refuse per day.

(j) Hydrofluoric acid plants.

(k) Sulfuric acid plants.

(l) Nitric acid plants.

(m) Petroleum refineries.

(n) Lime plants.

(o) Phosphate rock processing plants.

(p) Coke oven batteries.

(q) Sulfur recovery plants.

(r) Carbon black plants (furnace process).
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(s) Primary lead smelters.

(t) Fuel conversion plants.

(u) Sintering plants.

(v) Secondary metal production plants.

(w) Chemical process plants.

(x) Fossil fuel boilers (or combinations thereof) 

totaling more than 250 million British thermal units per hour heat input.

(y) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels.

(z) Taconite ore processing plants.

(aa) Glass fiber processing plants.

(bb) Charcoal production plants.

(2) Notwithstanding the stationary source size specified in 

subdivision a (1) of this definition, any stationary source that emits, or has the potential 

to emit, 250 tons per year or more of a regulated NSR pollutant; or

(3) Any physical change that would occur at a stationary 

source not otherwise qualifying under subdivision a (1) or a (2) of this definition as a 

major stationary source, if the change would constitute a major stationary source by 

itself.

b. A major stationary source that is major for volatile organic 

compounds shall be considered major for ozone.

c. The fugitive emissions of a stationary source shall not be 

included in determining for any of the purposes of this article whether it is a major 

stationary source, unless the source belongs to one of the following categories of 

stationary sources:

(1) Coal cleaning plants (with thermal dryers).

(2) Kraft pulp mills.

(3) Portland cement plants.
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(4) Primary zinc smelters.

(5) Iron and steel mills.

(6) Primary aluminum ore reduction plants.

(7) Primary copper smelters.

(8) Municipal incinerators capable of charging more than 250 

tons of refuse per day.

(9) Hydrofluoric, sulfuric, or nitric acid plants.

(10) Petroleum refineries.

(11) Lime plants.

(12) Phosphate rock processing plants.

(13) Coke oven batteries.

(14) Sulfur recovery plants.

(15) Carbon black plants (furnace process).

(16) Primary lead smelters.

(17) Fuel conversion plants.

(18) Sintering plants.

(19) Secondary metal production plants.

(20) Chemical process plants.

(21) Fossil-fuel boilers (or combination thereof) totaling more 

than 250 million British thermal units per hour heat input.

(22) Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels.

(23) Taconite ore processing plants.
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(24) Glass fiber processing plants.

(25) Charcoal production plants.

(26) Fossil fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input.

(27) Any other stationary source category that, as of August 

7, 1980, is being regulated under 40 CFR Parts 60 and 61.

“Minor new source review (NSR) permit” means a permit issued under the 

minor new source review program.

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

review and permit program (i) for new stationary sources or modifications (physical 

changes or changes in the method of operation) which do not qualify for are not subject 

to review under the major new source review program, (ii) established to implement the 

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

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

"Necessary preconstruction approvals or permits" means those permits 

required under NSR programs that are part of the applicable implementation plan.

"Net emissions increase"

a. Means, with respect to any regulated NSR pollutant emitted by a 

major stationary source, the amount by which the sum of the following exceeds zero:

(1) The increase in emissions from a particular physical 

change or change in the method of operation at a stationary source as calculated 

pursuant to 9VAC5-80-1605 G; and

(2) Any other increases and decreases in actual emissions 

at the major stationary source that are contemporaneous with the particular change and 

are otherwise creditable. Baseline actual emissions for calculating increases and 

decreases under this subdivision shall be determined as provided in the definition of 

"baseline actual emissions," except that subdivisions a (3) and b (4) of that definition 

shall not apply.

b. An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only if it occurs 

between:

(1) The date five years before construction on the particular 
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change commences; and

(2) The date that the increase from the particular change 

occurs.

c. An increase or decrease in actual emissions is creditable only if 

(i) it occurs between the date five years before construction on the particular change 

commences and the date that the increase from the particular change occurs, and (ii) 

the board has not relied on it in issuing a permit for the source under this article (or the 

administrator under 40 CFR 52.21), which permit is in effect when the increase in actual 

emissions from the particular change occurs.

d. An increase or decrease in actual emissions of sulfur dioxide, 

particulate matter, or nitrogen oxides that occurs before the applicable minor source 

baseline date is creditable only if it is required to be considered in calculating the 

amount of maximum allowable increases remaining available.

e. An increase in actual emissions is creditable only to the extent 

that the new level of actual emissions exceeds the old level.

f. A decrease in actual emissions is creditable only to the extent 

that:

(1) The old level of actual emissions or the old level of 

allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(2) It is enforceable as a practical matter at and after the 

time that actual construction on the particular change begins; and

(3) It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase from the particular change.

g. An increase that results from a physical change at a source 

occurs when the emissions unit on which construction occurred becomes operational 

and begins to emit a particular pollutant. Any replacement unit that requires shakedown 

becomes operational only after a reasonable shakedown period, not to exceed 180 

days.

h. Subdivision a of the definition of "actual emissions" shall not 

apply for determining creditable increases and decreases.

“New source review (NSR) permit” means a permit issued under the new 

source review program.
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"New source review (NSR) program" means a preconstruction review and 

permit program (i) for new stationary sources or modifications (physical changes or 

changes in the method of operation), (ii) established to implement the requirements of 

§§ 110 (a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165 (relating to 

permits in prevention of significant deterioration areas), and 173 (relating to permits in 

nonattainment areas) of the federal Clean Air Act and associated regulations, and (iii) 

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

8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.

"Plantwide applicability limitation (PAL)" means an emission limitation 

expressed in tons per year, for a pollutant at a major stationary source, that is 

enforceable as a practical matter and established sourcewide in accordance with 

9VAC5-80-1865.

"PAL effective date" generally means the date of issuance of the PAL 

permit. However, the PAL effective date for an increased PAL is the date any emissions 

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

the PAL pollutant.

"PAL effective period" means the period beginning with the PAL effective 

date and ending five years later.

"PAL major modification" means, notwithstanding the definitions for major 

modification and net emissions increase, any physical change in or change in the 

method of operation of the PAL source that causes it to emit the PAL pollutant at a level 

equal to or greater than the PAL.

"PAL permit" means the major NSR permit, the minor NSR permit, the

state operating permit, or the federal operating permit issued by the board that 

establishes a PAL for a major stationary source.

"PAL pollutant" means the pollutant for which a PAL is established at a 

major stationary source.

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

emit a pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a pollutant, including air pollution control 

equipment, and restrictions on hours of operation or on the type or amount of material 

combusted, stored, or processed, shall be treated as part of its design if the limitation or 

the effect it would have on emissions is federally and state enforceable. Secondary 

emissions do not count in determining the potential to emit of a stationary source. For 

the purposes of actuals PALs, any physical or operational limitation on the capacity of 

the source to emit a pollutant, including air pollution control equipment, and restrictions 

on hours of operation or on the type or amount of material combusted, stored, or 
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processed, shall be treated as part of its design only if the limitation or the effect it 

would have on emissions is federally enforceable or enforceable as a practical matter 

by the state.

"Predictive emissions monitoring system" or "PEMS" means all of the 

equipment necessary to monitor process and control device operational parameters (for 

example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the 

mass emissions rate (for example, pounds per hour) on a continuous basis.

"Project" means a physical change in, or change in the method of 

operation of, an existing major stationary source.

"Projected actual emissions" means the maximum annual rate, in tons per 

year, at which an existing emissions unit is projected to emit a regulated NSR pollutant 

in any one of the five years (12-month period) following the date the unit resumes 

regular operation after the project, or in any one of the 10 years following that date, if 

the project involves increasing the emissions unit's design capacity or its potential to 

emit that regulated NSR pollutant and full utilization of the unit would result in a 

significant emissions increase or a significant net emissions increase at the major 

stationary source. In determining the projected actual emissions (before beginning 

actual construction), the owner of the major stationary source:

a. Shall consider all relevant information, including but not limited 

to, historical operational data, the company's own representations, the company's 

expected business activity and the company's highest projections of business activity, 

the company's filings with the state or federal regulatory authorities, and compliance 

plans under the approved implementation plan; and

b. Shall include fugitive emissions to the extent quantifiable and 

emissions associated with startups, shutdowns, and malfunctions; and

c. Shall exclude, in calculating any increase in emissions that 

results from the particular project, that portion of the unit's emissions following the 

project that an existing unit could have emitted during the consecutive 24-month period 

used to establish the baseline actual emissions and that are also unrelated to the 

particular project, including any increased utilization due to product demand growth, 

provided such exclusion shall not reduce any calculated increases in emissions that are 

caused by, result from, or are related to the particular project; or

d. In lieu of using the method set out in subdivisions a through c of 

this definition, may elect to use the emissions unit's potential to emit, in tons per year.

"Reactivation of a very clean coal-fired electric utility steam generating 
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unit" means any physical change or change in the method of operation associated with 

the commencement of commercial operations by a coal-fired utility unit after a period of 

discontinued operation where the unit:

a. Has not been in operation for the two-year period prior to the 

enactment of the federal Clean Air Act Amendments of 1990, and the emissions from 

such unit continue to be carried in the department's emissions inventory at the time of 

enactment;

b. Was equipped prior to shut-down with a continuous system of 

emissions control that achieves a removal efficiency for sulfur dioxide of no less than 

85% and a removal efficiency for particulates of no less than 98%;

c. Is equipped with low-NOX burners prior to the time of 

commencement of operations following reactivation; and

d. Is otherwise in compliance with the requirements of the federal 

Clean Air Act.

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

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

technology that is reasonably available, considering technological and economic 

feasibility.

"Regulated NSR pollutant" means:

a. Any pollutant for which an ambient air quality standard has been 

promulgated and any constituents or precursors for such pollutants identified by the 

administrator (e.g., volatile organic compounds are precursors for ozone);

b. Any pollutant that is subject to any standard promulgated under 

§ 111 of the federal Clean Air Act;

c. Any class I or II substance subject to a standard promulgated 

under or established by Title VI of the federal Clean Air Act; or

d. Any pollutant that otherwise is subject to regulation under the 

federal Clean Air Act; except that any or all hazardous air pollutants either listed in § 

112 of the federal Clean Air Act or added to the list pursuant to § 112(b)(2), which have 

not been delisted pursuant to § 112(b)(3), are not regulated NSR pollutants unless the 

listed hazardous air pollutant is also regulated as a constituent or precursor of a general 

pollutant listed under § 108 of the federal Clean Air Act.

"Repowering" means:
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a. Replacement of an existing coal-fired boiler with one of the 

following clean coal technologies: atmospheric or pressurized fluidized bed combustion, 

integrated gasification combined cycle, magnetohydrodynamics, direct and indirect 

coal-fired turbines, integrated gasification fuel cells, or as determined by the 

administrator, in consultation with the Secretary of Energy, a derivative of one or more 

of these technologies, and any other technology capable of controlling multiple 

combustion emissions simultaneously with improved boiler or generation efficiency and 

with significantly greater waste reduction relative to the performance of technology in 

widespread commercial use as of November 15, 1990.

b. Repowering shall also include any oil and/or gas-fired unit which 

has been awarded clean coal technology demonstration funding as of January 1, 1991, 

by the Department of Energy.

c. The board may give expedited consideration to permit 

applications for any source that satisfies the requirements of this definition and is 

granted an extension under § 409 of the federal Clean Air Act.

"Secondary emissions" means emissions that would occur as a result of 

the construction or operation of a major stationary source or major modification, but do 

not come from the major stationary source or major modification itself. For the purpose 

of this article, secondary emissions shall be specific, well defined, quantifiable, and 

affect the same general area as the stationary source or modification that causes the 

secondary emissions. Secondary emissions include emissions from any offsite support 

facility that would not be constructed or increase its emissions except as a result of the 

construction or operation of the major stationary source or major modification.

Secondary emissions do not include any emissions that come directly from a mobile 

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

vessel. 

"Significant" means:

a. In reference to a net emissions increase or the potential of a 

source to emit any of the following pollutants, a rate of emissions that would equal or 

exceed any of the following rates:

Pollutant Emissions Rate

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 40 tpy

Sulfur Dioxide 40 tpy

Particulate Matter (TSP) 25 tpy

PM10 15 tpy
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PM2.5 10 tpy

Ozone 40 tpy of volatile organic 

compounds

Lead 0.6 tpy

Fluorides 3 tpy

Sulfuric Acid Mist 7 tpy

Hydrogen Sulfide (H2S) 10 tpy

Total Reduced Sulfur

(including H2S) 10 tpy

Reduced Sulfur Compounds

(including H2S) 10 tpy

Municipal waste combustor organics

(measured as total tetra-through

octa-chlorinated dibenzo-p-dioxins

and dibenzofurans) 3.5 x 10-6tpy

Municipal waste combustor metals

(measured as particulate matter) 15 tpy

Municipal waste combustor acid gases

(measured as the sum of SO2 and HCl) 40 tpy

Municipal solid waste landfills emissions 50 tpy

(measured as nonmethane organic compounds)

b. In reference to a net emissions increase or the potential of a 

source to emit a regulated NSR pollutant that subdivision a of this definition does not 

list, any emissions rate.

c. Notwithstanding subdivision a of this definition, means any 

emissions rate or any net emissions increase associated with a major stationary source 

or major modification, that would construct within 10 kilometers of a class I area, and 

have an impact on such area equal to or greater than 1 μg/m3(24-hour average).

"Significant emissions increase" means, for a regulated NSR pollutant, an 

increase in emissions that is significant for that pollutant.

"Significant emissions unit" means an emissions unit that emits or has the 

potential to emit a PAL pollutant in an amount that is significant for that PAL pollutant, 

but less than the amount that would qualify the unit as a major emissions unit.

"Small emissions unit" means an emissions unit that emits or has the 

potential to emit the PAL pollutant in an amount less than the significant level for that 

PAL pollutant.

"State enforceable" means all limitations and conditions that are 

enforceable as a practical matter, including any regulation of the board, those 
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requirements developed pursuant to 9VAC5-170-160, requirements within any 

applicable order or variance, and any permit requirements established pursuant to this 

chapter.

“State operating permit” means a permit issued under the state operating 

permit program.

"State operating permit program" means an operating permit program (i) 

for issuing limitations and conditions for stationary sources, (ii) promulgated to meet the 

EPA's minimum criteria for federal enforceability, including adequate notice and 

opportunity for the EPA and public comment prior to issuance of the final permit, and 

practicable enforceability, and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this 

part.

"Stationary source" means any building, structure, facility, or installation 

that emits or may emit a regulated NSR pollutant.

"Temporary clean coal technology demonstration project" means a clean 

coal technology demonstration project that is operated for a period of five years or less, 

and that complies with the applicable implementation plan and other requirements 

necessary to attain and maintain the ambient air quality standards during the project 

and after it is terminated.

9VAC5-80-1625. General.

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

stationary source or major modification without first obtaining from the board a permit to 

construct and operate such source. The permit will state that the major stationary 

source or major modification shall meet all the applicable requirements of this article.

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

stationary source or the major modification of any existing major stationary source, 

except as this article otherwise provides.

C. No owner or other person shall relocate any emissions unit from one 

stationary source to another without first obtaining a permit from the board to relocate 

the unit.

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

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

E. If the board and the owner make a mutual determination that it facilitates the 

efficient processing and issuing of permits for projects that are to be constructed 

concurrently, the board may combine the requirements of and the permits for emissions 
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units within a stationary source subject to the major 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 major new source 

review program be combined into one application The board will take actions to 

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

combine permit terms and conditions involve relocating the terms and conditions 

contained in two or more permits issued to single stationary source to a single permit 

document. Actions to combine permit terms and conditions in and of themselves are not

a mechanism for making changes to permits; such actions shall be taken under 9VAC5-

80-1925 as explained in subsection F of this section.

F. The board may not incorporate the terms and conditions of a state operating 

permit, a minor new source review permit, or a PAL permit into a permit issued 

pursuant to this article The board will take actions to make changes to permit terms and 

conditions as provided in 9VAC5-80-1925. Nothing in this subsection is intended to 

imply that once an action has been taken to make a change to a permit, the resulting 

permit change may not be combined with other terms and conditions in a single permit 

document as provided in subsection E of this section.

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

federally enforceable except 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 9VAC5-40 (Existing Stationary Sources), Article 2 

(9VAC5-50-130 et seq.) of 9VAC5 Chapter 50 9VAC5-50 (New and Modified Stationary 

Sources), Article 4 (9VAC5-60-200 et seq.) of 9VAC5 Chapter 60 9VAC5-60 

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

9VAC5-60 (Hazardous Air Pollutant Sources).

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

federally enforceable shall be marked in the permit as state-only enforceable and shall 

only be enforceable by the board. Incorrectly designating a term or condition as stateonly enforceable shall not provide a shield from federal enforcement of a term or 

condition that is legally federally enforceable.

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

board from granting permits for programs of construction or modification in planned 

incremental phases. In such cases, all net emissions increases from all emissions units 

covered by the program shall be added together for determining the applicability of this 

article.
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9VAC5-80-1695. Exemptions.

A. The requirements of this article shall not apply to a particular major stationary 

source or major modification; if:

1. The source or modification would be a major stationary source or major 

modification only if fugitive emissions, to the extent quantifiable, are considered in 

calculating the potential to emit of the stationary source or modification and the source 

does not belong to any of the following categories:

a. Coal cleaning plants (with thermal dryers).

b. Kraft pulp mills.

c. Portland cement plants.

d. Primary zinc smelters.

e. Iron and steel mills.

f. Primary aluminum ore reduction plants.

g. Primary copper smelters.

h. Municipal incinerators capable of charging more than 250 tons of 

refuse per day.

i. Hydrofluoric acid plants.

j. Sulfuric acid plants.

k. Nitric acid plants.

l. Petroleum refineries.

m. Lime plants.

n. Phosphate rock processing plants.

o. Coke oven batteries.

p. Sulfur recovery plants.
COMMONWEALTH OF VIRGINIA PAGE 28 of 70

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q. Carbon black plants (furnace process).

r. Primary lead smelters.

s. Fuel conversion plants.

t. Sintering plants.

u. Secondary metal production plants.

v. Chemical process plants.

w. Fossil-fuel boilers (or combination thereof) totaling more than 

250 million British thermal units per hour heat input.

x. Petroleum storage and transfer units with a total storage capacity 

exceeding 300,000 barrels.

y. Taconite ore processing plants.

z. Glass fiber processing plants.

aa. Charcoal production plants.

bb. Fossil fuel-fired steam electric plants of more than 250 million 

British thermal units per hour heat input.

cc. Any other stationary source category which, as of August 7, 

1980, is being regulated under 40 CFR Part 60 or 61; or

2. The source or modification is a portable stationary source that has 

previously received a permit under this article, and

a. The owner proposes to relocate the source and emissions of the 

source at the new location would be temporary; and

b. The emissions from the source would not exceed its allowable 

emissions; and

c. The emissions from the source would affect no class I area and 

no area where an applicable increment is known to be violated; and

d. Reasonable notice is given to the board prior to the relocation 

identifying the proposed new location and the probable duration of operation at the new 
COMMONWEALTH OF VIRGINIA PAGE 29 of 70

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location. Such notice shall be given to the board not less than 10 days in advance of 

the proposed relocation unless a different time duration is previously approved by the 

board.

B. The requirements of this article shall not apply to a major stationary source or 

major modification with respect to a particular pollutant if the owner demonstrates that, 

as to that pollutant, the source or modification is located in an area designated as 

nonattainment in 9VAC5-20-204.

C. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and 9VAC5-80-1755 

shall not apply to a major stationary source or major modification with respect to a 

particular pollutant, if the allowable emissions of that pollutant from the source, or the 

net emissions increase of that pollutant from the modification:

1. Would affect no class I area and no area where an applicable 

increment is known to be violated, and

2. Would be temporary.

D. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, and 9VAC5-80-1755 

as they relate to any maximum allowable increase for a class II area shall not apply to a 

major modification at a stationary source that was in existence on March 1, 1978, if the 

net increase in allowable emissions of each regulated NSR pollutant from the 

modification after the application of best available control technology would be less than 

50 tons per year.

E. The board may exempt a proposed major stationary source or major 

modification from the requirements of 9VAC5-80-1735 with respect to monitoring for a 

particular pollutant if:

1. The emissions increase of the pollutant from the new source or the net 

emissions increase of the pollutant from the modification would cause, in any area, air 

quality impacts less than the following amounts:

Carbon monoxide - 575 μg/m3, 8-hour average

Nitrogen dioxide - 14 μg/m3, annual average

Particulate matter - 10 μg/m3of PM10, 24-hour average

Sulfur dioxide - 13 μg/m3, 24-hour average

Ozone*
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Lead - 0.1 μg/m3, 3-month average

Fluorides - 0.25 μg/m3, 24-hour average

Total reduced sulfur - 10 μg/m3, 1-hour average

Hydrogen sulfide - 0.2 μg/m3, 1-hour average

Reduced sulfur compounds - 10 μg/m3, 1-hour average; or

*No de minimis air quality level is provided for ozone. However, any net increase of 100 

tons per year or more of volatile organic compounds subject to this article would be 

required to perform an ambient impact analysis including the gathering of ambient air 

quality data.

2. The concentrations of the pollutant in the area that the source or 

modification would affect are less than the concentrations listed in subdivision 1 of this 

subsection, or the pollutant is not listed in subdivision 1 of this subsection.

F. The requirements of this article shall not apply to a particular major stationary 

source with respect to the use of an alternative fuel or raw material if the following 

conditions are met:

1. The owner demonstrates to the board that, as a result of trial burns at 

the owner’s facility or other facilities or other sufficient data, the emissions resulting 

from the use of the alternative fuel or raw material supply are decreased. No 

demonstration will be required for the use of processed animal fat, processed fish oil, 

processed vegetable oil, distillate oil, or any mixture thereof in place of the same 

quantity of residual oil to fire industrial boilers.

2. The use of an alternative fuel or raw material would not be subject to 

review under this article as a major modification.

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

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

as follows:

1. Except as provided in subdivision 3 of this subsection, the board may 

take actions to combine permit terms and conditions as provided under subsections B 

through E of this section.

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

the permittee or by the board.
COMMONWEALTH OF VIRGINIA PAGE 31 of 70

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3. Under no circumstances may an action to combine permit terms and 

conditions be used for any of the following:

a. To combine the terms and conditions of (i) a federal operating 

permit, (ii) a PAL permit, or (iii) any permit that is or will be part of the implementation 

plan.

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

fabrication, erection, installation, demolition, relocation, addition, replacement or 

modification of an emissions unit that would result in a change in emissions which 

would otherwise (i) be subject to review under this article or (ii) require a permit or 

permit amendment under the new source review program.

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

federal requirement.

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

physical change in or change in the method of operation of a major stationary source 

that is subject to the provisions in 9VAC5-80-1605 C (restrictions on relaxing 

enforceable emission limitations that the major stationary source used to avoid 

applicability of the major NSR program).

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

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

operating permits and new source review permits.

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

improved compliance or the efficient processing and issuing of permits, the board may 

take an action to combine the terms and conditions of permits for emissions units within 

a stationary source into one or more permits. Likewise the board may require that 

applications for permits for emissions units within a stationary source required by any 

permit program be combined into one application.

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

following conditions:

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

a statement that specifies and references the origin (enabling permit program) of, along 

with the regulatory or any other authority for, the term or condition.

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

a statement that specifies the effective date of the term or condition.
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3. Each term or condition in the combined permit shall be identified by its 

original designation (i.e., state-only enforceable or federally and state enforceable) 

consistent with the applicable enforceability designation of the term or condition in the 

contributing permit.

4. Except as provided in subsection E of this section, all terms and 

conditions in the contributing permits shall be included in the combined permit without 

change. The combined permit will supersede the contributing permits, which will no 

longer be effective.

E. Actions to make changes to permit terms and conditions as may be necessary 

to facilitate actions to combine permit terms and conditions may be accomplished in 

accordance with the minor amendment procedures (unless specified otherwise in this 

section) of the enabling permit program (i.e., the permit program that is the origin of the 

term or condition), subject to the following conditions:

1. Updates to regulatory or other authorities may be accomplished in 

accordance with the administrative amendment procedures of the enabling permit 

program.

2. If two or more terms or conditions apply to the same emissions unit or 

emissions units and are substantively equivalent, the more restrictive of the duplicate 

terms or conditions may be retained and the less restrictive one removed, subject to the 

provisions of subdivision 4 of this subsection.

3. If two or more similar terms or conditions apply to the same emissions 

unit or emissions units and one is substantively more restrictive than the others, the 

more restrictive of the terms or conditions shall be retained, regardless of whether the 

less restrictive terms or conditions are removed. If the less restrictive of the similar 

terms or conditions is removed, the provisions of subdivision 4 of this subsection apply.

4. The removal of similar terms or conditions from contributing permits is 

subject to the following conditions:

a. If any one of the terms or conditions removed is federally and 

state enforceable, the more restrictive term or condition that is retained in the combined 

permit shall be federally and state enforceable.

b. If any one of the terms or conditions originates in a permit 

subject to a major NSR program, that major NSR program shall become the effective 

enabling permit program for the more restrictive term or condition that is retained in the 

combined permit. If more than one major NSR program is the basis for a term or 

condition, all of the applicable major NSR programs shall be the enabling permit 

program for that term or condition.
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c. The regulatory basis for all of the similar terms or conditions that 

are removed shall be included in the reference for the term or condition that is retained.

9VAC5-80-1925. Changes to Actions to change permits.

A. The general requirements for making actions to make changes to permits 

issued under this article are as follows:

1. Except as provided in subdivision 3 of this subsection, changes to a 

permit issued under this article shall be made as specified under subsections B and C 

of this section and 9VAC5-80-1935 through 9VAC5-80-1965.

2. Changes to a permit issued under this article may be initiated by the 

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

subsection C of this section.

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

permit issued under Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) 

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

(9VAC5-80-360 et seq.) of this part.

4. Under no circumstances may a permit issued under this article be 

changed in order to (i) incorporate the terms and conditions necessary to implement 

any provision of the new source review program for a project that qualifies as a 

modification under the new source review program or (ii) incorporate the terms and 

conditions necessary to implement any provision of the new source review program for 

a PAL permit.

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

1. The permittee may initiate a change to a permit by submitting a written 

request to the board for an administrative permit amendment, a minor permit 

amendment or a significant permit amendment. The requirements for these permit 

changes can be found in 9VAC5-80-1935 through 9VAC5-80-1955.

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

reason for the proposed change.

C. The board may initiate a change to a permit through the use of permit 

reopenings as specified in 9VAC5-80-1965.

9VAC5-80-1935. Administrative permit amendments.
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A. Administrative permit amendments shall be required used for and limited to 

the following:

1. Correction of typographical or any other error, defect or irregularity 

which does not substantially affect the permit.

2. Identification of a change in the name, address, or phone number of 

any person identified in the permit, or of a similar minor administrative change at the 

source.

3. Change in ownership or operational control of a source where the 

board determines that no other change in the permit is necessary, provided that a 

written agreement containing a specific date for transfer of permit responsibility, 

coverage, and liability between the current and new permittee has been submitted to 

the board and the requirements of 9VAC5-80-2170 have been fulfilled.

B. The administrative permit amendment procedures are as follows:

1. The board will normally take final action on a request for an 

administrative permit amendment no more than 60 days from receipt of the request.

2. The board will incorporate the changes without providing notice to the 

public under 9VAC5-80-1775. However, any such permit revisions shall be designated 

in the permit amendment as having been made pursuant to this section.

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

administrative amendment immediately upon submittal of the request.

9VAC5-80-1945. Minor permit amendments.

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

amendments that meet all of the following criteria:

1. Do not violate any applicable federal requirement.

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

recordkeeping requirements that would make the permit requirements less stringent, 

such as a change to the method of monitoring to be used, a change to the method of 

demonstrating compliance or a relaxation of reporting or record keeping requirements.

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

emissions limitation or other standard requirement.

4. Do not seek to establish or change a permit term or condition (i) for 
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which there is no corresponding underlying applicable regulatory requirement and (ii) 

that the source has assumed to avoid an applicable regulatory requirement to which the 

source would otherwise be subject. Such terms and conditions include, but are not 

limited to, an emissions cap assumed to avoid classification as a modification under the 

new source review program.

5. Are not required to be processed as a significant amendment under 

9VAC5-80-1955; or as an administrative permit amendment under 9VAC5-80-1935.

B. Notwithstanding subsection A of this section, minor permit amendment 

procedures may be used for permit amendments that meet any of the following criteria:

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

similar approaches, to the extent that such minor permit amendment procedures are 

explicitly provided for in a regulation of the board or a federally-approved program.

2. Require new or more frequent monitoring or reporting by the permittee.

3. Designate any term or permit condition that meets the criteria in 

9VAC5-80-1625 G 1 as state-only enforceable as provided in 9VAC5-80-1625 G 2 for 

any permit issued under this article or any regulation from which this article is derived.

C. Minor permit amendment procedures may be used for permit amendments 

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

mutual determination that the provision is rescinded because all of the underlying 

statutory or regulatory requirements (i) upon which the provision is based or (ii) that 

necessitated inclusion of the provision are no longer applicable. In order for the 

underlying statutory or regulatory requirements to be considered no longer applicable, 

the provision of the permit that is being rescinded must not cover a regulated NSR 

pollutant.

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

of the following:

1. A a description of the change, the emissions resulting from the change, 

and any new applicable regulatory requirements that will apply if the change occurs., 

along with a

2. A request that such procedures be used. The applicant may, at the 

applicant’s discretion, include a suggested proposed permit amendment.

E. The public participation requirements of 9VAC5-80-1775 shall not extend to 

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

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

1. Issue the permit amendment as proposed.

2. Deny the permit amendment request.

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

permit amendment criteria and should be reviewed under the significant amendment 

procedures.

G. The requirements for making changes are as follows:

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

amendment request immediately after the request is filed.

2. After the change under subdivision 1 of this subsection is made, and 

until the board takes any of the actions specified in subsection F of this section, the 

source shall comply with both the applicable regulatory requirements governing the 

change and the proposed permit terms and conditions amendment.

3. During the time period specified in subdivision 2 of this subsection, the 

owner need not comply with the existing permit terms and conditions the owner seeks 

to modify if the applicant has submitted a proposed permit amendment. However, if the 

owner fails to comply with the proposed permit terms and conditions during this time 

period, the existing permit terms and conditions the owner seeks to modify may be 

enforced against the owner.

9VAC5-80-1955. Significant amendment procedures.

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

1. Significant amendment procedures shall be used for requesting permit 

amendments that do not qualify as minor permit amendments under 9VAC5-80-1945 or 

as administrative amendments under 9VAC5-80-1935.

2. Significant amendment procedures shall be used for those permit 

amendments that meet any of the following criteria:

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

recordkeeping requirements that would make the permit requirements less stringent, 

such as a change to the method of monitoring to be used, a change to the method of 

demonstrating compliance or a relaxation of reporting or record keeping requirements.
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b. Require or change a case-by-case determination of an emission

emissions limitation or other standard requirement.

c. Seek to establish or change a permit term or condition (i) for 

which there is no corresponding underlying applicable regulatory requirement and (ii) 

that the source has assumed to avoid an applicable regulatory requirement to which the 

source would otherwise be subject. Such terms and conditions include, but are not 

limited to, an emissions cap assumed to avoid classification as a modification under the 

new source review program.

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

change, the emissions resulting from the change, and any new applicable regulatory 

requirements that will apply if the change occurs. The applicant may, at his the 

applicant’s discretion, include a suggested draft permit amendment.

C. The provisions of 9VAC5-80-1775 shall apply to requests made under this 

section.

D. The board will normally take final action on significant permit amendments 

within 90 days after receipt of a complete request. If a public comment period is 

required, processing time for a permit amendment is normally 180 days following 

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

information is required or if a public hearing is conducted under 9VAC5-80-1775.

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.

9VAC5-80-1965. Reopening for cause.

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

situations:

1. Additional regulatory requirements become applicable to the emissions 

units covered by the permit after a permit is issued but prior to commencement of 

construction.

2. The board determines that the permit contains a material mistake or 

that inaccurate statements were made in establishing the emissions standards or other 

terms or conditions of the permit.

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

compliance with the applicable regulatory requirements or that the terms and conditions 

of the permit are not sufficient to meet all of the standards and requirements contained 
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in this article.

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

as apply to initial permit issuance and shall affect only those parts of the permit for 

which cause to reopen exists. Such reopening shall be made as expeditiously as 

practicable.

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

the source by the board at least 30 days in advance of the date that the permit is to be 

reopened, except that the board may provide a shorter time period in the case of an 

emergency.
COMMONWEALTH OF VIRGINIA PAGE 39 of 70

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ARTICLE 9.

Permits for Major Stationary Sources and Major Modifications

Locating in Nonattainment Areas or the Ozone Transport Region.

(replaces 9VAC5-80-30)

9VAC5-80-2010. Definitions.

A. As used in this article, all words or terms not defined here shall have the 

meaning given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.) 9VAC5-10 (General 

Definitions), unless otherwise required by context.

B. For the purpose of this article, 9VAC5-50-270 and any related use, the words 

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

C. Terms defined.

"Actual emissions" means the actual rate of emissions of a regulated NSR 

pollutant from an emissions unit, as determined in accordance with subdivisions a 

through c of this definition, except that this definition shall not apply for calculating 

whether a significant emissions increase has occurred, or for establishing a PAL under 

9VAC5-80-2144. Instead, the definitions of "projected actual emissions" and "baseline 

actual emissions" shall apply for those purposes.

a. In general, actual emissions as of a particular date shall equal 

the average rate, in tons per year, at which the unit actually emitted the pollutant during 

a consecutive 24-month period which precedes the particular date and which is 

representative of normal source operation. The board will allow the use of a different 

time period upon a determination that it is more representative of normal source 

operation. Actual emissions shall be calculated using the unit's actual operating hours, 

production rates, and types of materials processed, stored, or combusted during the 

selected time period.

b. The board may presume that the source-specific allowable 

emissions for the unit are equivalent to the actual emissions of the unit.

c. For any emissions unit that has not begun normal operations on 

the particular date, actual emissions shall equal the potential to emit of the unit on that 

date.

"Actuals PAL for a major stationary source" means a PAL based on the 

baseline actual emissions of all emissions units at the source, that emit or have the 

potential to emit the PAL pollutant.

"Administrator" means the administrator of the U.S. Environmental 
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Protection Agency (EPA) or an authorized representative.

"Allowable emissions" means the emissions rate of a stationary source 

calculated using the maximum rated capacity of the source (unless the source is 

subject to federally and state enforceable limits which restrict the operating rate, or 

hours of operation, or both) and the most stringent of the following:

a. The applicable standards set forth in 40 CFR 60, 61, and 63;

b. Any applicable implementation plan emissions limitation 

including those with a future compliance date; or

c. The emissions limit specified as a federally and state 

enforceable permit condition, including those with a future compliance date.

For the purposes of actuals PALs, "allowable emissions" shall also be calculated 

considering any emission limitations that are enforceable as a practical matter on the 

emissions unit's potential to emit.

"Applicable federal requirement" means all of, but not limited to, the 

following as they apply to emissions units in a source subject to this article (including 

requirements that have been promulgated or approved by the administrator through 

rulemaking at the time of permit issuance but have future-effective compliance dates):

a. Any standard or other requirement provided for in an 

implementation plan established pursuant to § 110 or § 111(d) of the federal Clean Air 

Act, including any source-specific provisions such as consent agreements or orders.

b. Any limit or condition in any construction permit issued under the 

new source review program or in any operating permit issued pursuant to the state 

operating permit program.

c. Any emission standard, alternative emission standard, alternative 

emission limitation, equivalent emission limitation or other requirement established 

pursuant to § 112 or § 129 of the federal Clean Air Act as amended in 1990.

d. Any new source performance standard or other requirement 

established pursuant to § 111 of the federal Clean Air Act, and any emission standard 

or other requirement established pursuant to § 112 of the federal Clean Air Act before it 

was amended in 1990.

e. Any limitations and conditions or other requirement in a Virginia 

regulation or program that has been approved by EPA under subpart E of 40 CFR Part 

63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.
COMMONWEALTH OF VIRGINIA PAGE 41 of 70

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f. Any requirement concerning accident prevention under § 

112(r)(7) of the federal Clean Air Act.

g. Any compliance monitoring requirements established pursuant to 

either § 504(b) or § 114(a)(3) of the federal Clean Air Act.

h. Any standard or other requirement for consumer and commercial 

products under § 183(e) of the federal Clean Air Act.

i. Any standard or other requirement for tank vessels under § 183(f) 

of the federal Clean Air Act.

j. Any standard or other requirement in 40 CFR Part 55 to control 

air pollution from outer continental shelf sources.

k. Any standard or other requirement of the regulations 

promulgated to protect stratospheric ozone under Title VI of the federal Clean Air Act, 

unless the administrator has determined that such requirements need not be contained 

in a permit issued under this article.

l. With regard to temporary sources subject to 9VAC5-80-130, (i) 

any ambient air quality standard, except applicable state requirements, and (ii) 

requirements regarding increments or visibility as provided in Article 8 (9VAC5-80-1605 

et seq.) of this part.

"Baseline actual emissions" means the rate of emissions, in tons per year, 

of a regulated NSR pollutant, as determined in accordance with the following:

a. For any existing electric utility steam generating unit, baseline 

actual emissions means the average rate, in tons per year, at which the unit actually 

emitted the pollutant during any consecutive 24-month period selected by the owner 

within the 5-year period immediately preceding when the owner begins actual 

construction of the project. The board may allow the use of a different time period upon 

a determination that it is more representative of normal source operation.

(1) The average rate shall include fugitive emissions to the 

extent quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions.

(2) The average rate shall be adjusted downward to exclude 

any noncompliant emissions that occurred while the source was operating above any 

emission limitation that was legally enforceable during the consecutive 24-month 

period.
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(3) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month period shall be used to 

determine the baseline actual emissions for the emissions units being changed. The 

same consecutive 24-month period shall be used for each different regulated NSR 

pollutant unless the owner can demonstrate to the satisfaction of the board that a 

different consecutive 24-month period for a different pollutant or pollutants is more 

appropriate due to extenuating circumstances.

(4) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount if required by subdivision a 

(2) of this definition.

b. For an existing emissions unit other than an electric utility steam 

generating unit, baseline actual emissions means the average rate, in tons per year, at 

which the emissions unit actually emitted the pollutant during any consecutive 24-month 

period selected by the owner within the 5-year period immediately preceding either the 

date the owner begins actual construction of the project, or the date a complete permit 

application is received by the board for a permit required either under this section or 

under a plan approved by the administrator, whichever is earlier, except that the 5-year 

period shall not include any period earlier than November 15, 1990. The board will allow 

the use of a different time period upon a determination that it is more representative of 

normal source operation.

(1) The average rate shall include fugitive emissions to the 

extent quantifiable, and emissions associated with startups, shutdowns, and 

malfunctions.

(2) The average rate shall be adjusted downward to exclude 

any noncompliant emissions that occurred while the source was operating above any 

emission limitation that was legally enforceable during the consecutive 24-month 

period.

(3) The average rate shall be adjusted downward to exclude 

any emissions that would have exceeded an emission limitation with which the source 

shall currently comply, had such source been required to comply with such limitations 

during the consecutive 24-month period. However, if an emission limitation is part of a 

maximum achievable control technology standard that the administrator proposed or 

promulgated under 40 CFR Part 63, the baseline actual emissions need only be 

adjusted if the state has taken credit for such emissions reductions in an attainment 

demonstration or maintenance plan consistent with the requirements of 9VAC5-80-

2120 K.
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(4) For a regulated NSR pollutant, when a project involves 

multiple emissions units, only one consecutive 24-month period shall be used to 

determine the baseline actual emissions for the emissions units being changed. The 

same consecutive 24-month period shall be used for each different regulated NSR 

pollutant unless the owner can demonstrate to the satisfaction of the board that a 

different consecutive 24-month period for a different pollutant or pollutants is more 

appropriate due to extenuating circumstances.

(5) The average rate shall not be based on any consecutive 

24-month period for which there is inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount if required by subdivisions b 

(2) and b (3) of this definition.

c. For a new emissions unit, the baseline actual emissions for 

purposes of determining the emissions increase that will result from the initial 

construction and operation of such unit shall equal zero; and thereafter, for all other 

purposes, shall equal the unit's potential to emit.

d. For a PAL for a major stationary source, the baseline actual 

emissions shall be calculated for existing electric utility steam generating units in 

accordance with the procedures contained in subdivision a of this definition, for other 

existing emissions units in accordance with the procedures contained in subdivision b of

this definition, and for a new emissions unit in accordance with the procedures 

contained in subdivision c of this definition.

"Begin actual construction" means, in general, initiation of physical on-site 

construction activities on an emissions unit which are of a permanent nature. Such 

activities include, but are not limited to, installation of building supports and foundations, 

laying of underground pipework, and construction of permanent storage structures.

With respect to a change in method of operation, this term refers to those on-site 

activities other than preparatory activities which mark the initiation of the change.

"Best available control technology" means an emissions limitation 

(including a visible emissions standard) based on the maximum degree of reduction for 

each regulated NSR pollutant that would be emitted from any proposed major 

stationary source or major modification that the board, on a case-by-case basis, taking 

into account energy, environmental, and economic impacts and other costs, determines 

is achievable for such source or modification through application of production 

processes or available methods, systems, and techniques, including fuel cleaning or 

treatment or innovative fuel combustion techniques for control of such pollutant. In no 

event shall application of best available control technology result in emissions of any 

pollutant that would exceed the emissions allowed by any applicable standard under 40 

CFR Parts 60, 61, and 63. If the board determines that technological or economic 

limitations on the application of measurement methodology to a particular emissions 
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unit would make the imposition of an emissions standard infeasible, a design, 

equipment, work practice, operational standard, or combination thereof, may be 

prescribed instead to satisfy the requirement for the application of best available control 

technology. Such standard shall, to the degree possible, set forth the emissions 

reduction achievable by implementation of such design, equipment, work practice or 

operation, and shall provide for compliance by means which achieve equivalent results.

"Building, structure, facility, or installation" means 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 vessel. 

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" (see 9VAC5-20-21).

"Clean coal technology" means any technology, including technologies 

applied at the precombustion, combustion, or post combustion stage, at a new or 

existing facility that will achieve significant reductions in air emissions of sulfur dioxide 

or nitrogen oxides associated with the utilization of coal in the generation of electricity, 

or process steam that was not in widespread use as of November 15, 1990.

"Clean coal technology demonstration project" means a project using 

funds appropriated under the heading "Department of Energy-Clean Coal Technology," 

up to a total amount of $2,500,000,000 for commercial demonstration of clean coal 

technology, or similar projects funded through appropriations for the U.S. EPA. The 

federal contribution for a qualifying project shall be at least 20 percent of the total cost 

of the demonstration project.

"Commence," as applied to construction of a major stationary source or 

major modification, means that the owner has all necessary preconstruction approvals 

or permits and either has:

a. Begun, or caused to begin, a continuous program of actual 

on-site construction of the source, to be completed within a reasonable time; or

b. Entered into binding agreements or contractual obligations, 

which cannot be canceled or modified without substantial loss to the owner, to 

undertake a program of actual construction of the source, to be completed within a 

reasonable time.

"Complete application" means that the application contains all the 

information necessary for processing the application and the provisions of § 

10.1-1321.1 of the Virginia Air Pollution Control Law have been met. Designating an 

application complete for purposes of permit processing does not preclude the board 
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from requesting or accepting additional information.

"Construction" means any physical change or change in the method of 

operation (including fabrication, erection, installation, demolition, or modification of an 

emissions unit) that would result in a change in actual emissions.

"Continuous emissions monitoring system (CEMS)" means all of the 

equipment that may be required to meet the data acquisition and availability 

requirements of this section, to sample, condition (if applicable), analyze, and provide a 

record of emissions on a continuous basis.

"Continuous emissions rate monitoring system (CERMS)" means the total 

equipment required for the determination and recording of the pollutant mass emissions 

rate (in terms of mass per unit of time).

"Continuous parameter monitoring system (CPMS)" means all of the 

equipment necessary to meet the data acquisition and availability requirements of this 

section, to monitor process and control device operational parameters (for example, 

control device secondary voltages and electric currents) and other information (for 

example, gas flow rate, O2 or CO2 concentrations), and to record average operational 

parameter values on a continuous basis.

"Electric utility steam generating unit" means any steam electric 

generating unit that is constructed for the purpose of supplying more than one-third of 

its potential electric output capacity and more than 25 megawatt electrical output to any 

utility power distribution system for sale. Any steam supplied to a steam distribution 

system for the purpose of providing steam to a steam-electric generator that would 

produce electrical energy for sale is also considered in determining the electrical energy 

output capacity of the affected facility.

"Emissions 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 NSR pollutant and includes an electric 

steam generating unit. For purposes of this article, there are two types of emissions 

units: (i) a new emissions unit is any emissions unit that is (or will be) newly constructed 

and that has existed for less than two years from the date such emissions unit first 

operated; and (ii) an existing emissions unit is any emissions unit that is not a new 

emissions unit.

"Enforceable as a practical matter" means that the permit contains 
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emission limitations that are enforceable by the board or the department and meet the 

following criteria:

a. Are permanent;

b. Contain a legal obligation for the owner to adhere to the terms 

and conditions;

c. Do not allow a relaxation of a requirement of the implementation 

plan;

d. Are technically accurate and quantifiable;

e. Include averaging times or other provisions that allow at least 

monthly (or a shorter period if necessary to be consistent with the implementation plan) 

checks on compliance. This may include, but not be limited to, the following: 

compliance with annual limits in a rolling basis, monthly or shorter limits, and other 

provisions consistent with this article and other regulations of the board; and

f. Require a level of recordkeeping, reporting and monitoring 

sufficient to demonstrate compliance.

"Federal land manager" means, with respect to any lands in the United 

States, the secretary of the department with authority over such lands.

"Federally enforceable" means all limitations and conditions 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:

a. Emission standards, alternative emission standards, alternative 

emission limitations, and equivalent emission limitations established pursuant to § 112 

of the federal Clean Air Act as amended in 1990.

b. New source performance standards established pursuant to 

§ 111 of the federal Clean Air Act, and emission standards established pursuant to § 

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

c. All terms and conditions (unless expressly designated as not 

federally enforceable) in a federal operating permit, including any provisions that limit a 

source's potential to emit.

d. Limitations and conditions that are part of an implementation 

plan established pursuant to § 110, § 111(d), or § 129 of the federal Clean Air Act.
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e. Limitations and conditions (unless expressly designated as not 

federally enforceable) that are part of a federal construction permit issued under 40 

CFR 52.21 or any construction permit issued under regulations approved by EPA into 

the implementation plan.

f. Limitations and conditions (unless expressly designated as not 

federally enforceable) that are part of a state operating permit where the permit and the 

permit program pursuant to which it was issued meet all of the following criteria:

(1) The operating permit program has been approved by the 

EPA into the implementation plan under §110 of the federal Clean Air Act.

(2) The operating permit program imposes a legal obligation 

that operating permit holders adhere to the terms and limitations of such permits and 

provides that permits that do not conform to the operating permit program requirements 

and the requirements of EPA’s underlying regulations may be deemed not “federally 

enforceable” by EPA.

(3) The operating permit program requires that all emission 

limitations, controls, and other requirements imposed by such permits will be at least as 

stringent as any other applicable limitations and requirements contained in the 

implementation plan or enforceable under the implementation plan, and that the 

program may not issue permits that waive, or make less stringent, any limitations or 

requirements contained in or issued pursuant to the implementation plan, or that are 

otherwise “federally enforceable.”

(4) The limitations, controls, and requirements in the permit 

in question are permanent, quantifiable, and otherwise enforceable as a practical 

matter.

(5) The permit in question was issued only after adequate 

and timely notice and opportunity for comment by the EPA and the public.

g. Limitations and conditions in a regulation of the board or 

program that has been approved by EPA under subpart E of 40 CFR Part 63 for the 

purposes of implementing and enforcing § 112 of the federal Clean Air Act.

h. Individual consent agreements that EPA has legal authority to 

create.

"Federal operating permit" means a permit issued under the federal 

operating permit program.
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“Federal operating permit program” means an operating permit system (i) 

for issuing terms and conditions for major stationary sources, (ii) established to 

implement the requirements of Title V of the federal Clean Air Act and associated 

regulations, and (iii) codified in Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-

310 et seq.), Article 3 (9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of 

this part.

"Fugitive emissions" means those emissions that could not reasonably 

pass through a stack, chimney, vent, or other functionally equivalent opening.

"Lowest achievable emission rate (LAER)" means for any source, the 

more stringent rate of emissions based on the following:

a. The most stringent emissions limitation which is contained in the 

implementation plan of any state for such class or category of stationary source, unless 

the owner of the proposed stationary source demonstrates that such limitations are not 

achievable; or

b. The most stringent emissions limitation which is achieved in 

practice by such class or category of stationary sources. This limitation, when applied to 

a modification, means the lowest achievable emissions rate for the new or modified 

emissions units within the stationary source. In no event shall the application of this 

term permit a proposed new or modified stationary source to emit any pollutant in 

excess of the amount allowable under an applicable new source standard of 

performance.

"Major emissions unit" means (i) any emissions unit that emits or has the 

potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; 

or (ii) any emissions unit that emits or has the potential to emit the PAL pollutant in an 

amount that is equal to or greater than the major source threshold for the PAL pollutant 

for nonattainment areas in subdivision a (1) of the definition of “major stationary 

source.”

"Major modification"

a. Means any physical change in or change in the method of 

operation of a major stationary source that would result in (i) a significant emissions 

increase of a regulated NSR pollutant; and (ii) a significant net emissions increase of 

that pollutant from the source.

b. Any significant emissions increase from any emissions units or 

net emissions increase at a source that is considered significant for volatile organic 

compounds shall be considered significant for ozone.
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c. A physical change or change in the method of operation shall not 

include the following:

(1) Routine maintenance, repair and replacement,

(2) Use of an alternative fuel or raw material by reason of an 

order under §§ 2 (a) and (b) of the Energy Supply and Environmental Coordination Act 

of 1974 (or any superseding legislation) or by reason of a natural gas curtailment plan 

pursuant to the Federal Power Act.

(3) Use of an alternative fuel by reason of an order or rule 

§125 of the federal Clean Air Act.

(4) Use of an alternative fuel at a steam generating unit to 

the extent that the fuel is generated from municipal solid waste.

(5) Use of an alternative fuel or raw material by a stationary 

source which that:

(a) The source was capable of accommodating 

before December 21, 1976, unless such change would be prohibited under any 

federally and state enforceable permit condition which was established after December 

21, 1976, pursuant to 40 CFR 52.21 or this chapter; or

(b) The source is approved to use under any permit 

issued under 40 CFR 52.21 or this chapter; and

(c) The owner demonstrates to the board that as a 

result of trial burns at the source or other sources or other sufficient data that the 

emissions resulting from the use of the alternative fuel or raw material supply are 

decreased.

(6) An increase in the hours of operation or in the production 

rate, unless such change is prohibited under any federally and state enforceable permit 

condition which was established after December 21, 1976, pursuant to 40 CFR 52.21 or 

this chapter.

(7) Any change in ownership at a stationary source.

(8) The installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, provided that the project 

complies with:

(a) The applicable implementation plan, and
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(b) Other requirements necessary to attain and 

maintain the national ambient air quality standard during the project and after it is 

terminated.

d. This definition shall not apply with respect to a particular 

regulated NSR pollutant when the source is complying with the requirements under 

9VAC5-80-2144 for a PAL for that pollutant. Instead, the definition for "PAL major 

modification" shall apply.

“Major new source review (NSR) permit” means a permit issued under the 

major new source review program.

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

review and permit program (i) for new major stationary sources or major modifications 

(physical changes or changes in the method of operation), (ii) established to implement 

the requirements of §§ 112, 165 and 173 of the federal Clean Air Act and associated 

regulations, and (iii) codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-

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

"Major stationary source"

a. Means:

(1) Any stationary source of air pollutants which emits, or 

has the potential to emit, (i) 100 tons per year or more of a regulated NSR pollutant, or 

(ii) 50 tons per year or more of volatile organic compounds or nitrogen oxides in ozone 

nonattainment areas classified as serious in 9VAC5-20-204, or (iii) 25 tons per year or 

more of volatile organic compounds or nitrogen oxides in ozone nonattainment areas 

classified as severe in 9VAC5-20-204, or (iv) 100 tons per year or more of nitrogen 

oxides or 50 tons per year of volatile organic compounds in the Ozone Transport 

Region; or

(2) Any physical change that would occur at a stationary 

source not qualifying under subdivision a (1) of this definition as a major stationary 

source, if the change would constitute a major stationary source by itself.

b. A major stationary source that is major for volatile organic 

compounds shall be considered major for ozone.

c. The fugitive emissions of a stationary source shall not be 

included in determining for any of the purposes of this article whether it is a major 

stationary source, unless the source belongs to one of the following categories of 

stationary sources:
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(1) Coal cleaning plants (with thermal dryers).

(2) Kraft pulp mills.

(3) Portland cement plants.

(4) Primary zinc smelters.

(5) Iron and steel mills.

(6) Primary aluminum ore reduction plants.

(7) Primary copper smelters.

(8) Municipal incinerators (or combinations of them) capable 

of charging more than 250 tons of refuse per day.

(9) Hydrofluoric acid plants.

(10) Sulfuric acid plants.

(11) Nitric acid plants.

(12) Petroleum refineries.

(13) Lime plants.

(14) Phosphate rock processing plants.

(15) Coke oven batteries.

(16) Sulfur recovery plants.

(17) Carbon black plants (furnace process).

(18) Primary lead smelters.

(19) Fuel conversion plants.

(20) Sintering plants.

(21) Secondary metal production plants.
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(22) Chemical process plants.

(23) Fossil-fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat input.

(24) Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels.

(25) Taconite ore processing plants.

(26) Glass fiber manufacturing plants.

(27) Charcoal production plants.

(28) Fossil fuel steam electric plants of more than 250 

million British thermal units per hour heat input.

(29) Any other stationary source category which, as of 

August 7, 1980, is being regulated under 40 CFR Part 60, 61, or 63.

“Minor new source review (NSR) permit” means a permit issued under the 

minor new source review program.

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

review and permit program (i) for new stationary sources or modifications (physical 

changes or changes in the method of operation) that do not qualify for are not subject to

review under the major new source review program, (ii) established to implement the 

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

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

"Necessary preconstruction approvals or permits" means those permits 

required under the NSR program that are part of the applicable implementation plan.

"Net emissions increase"

a. Means, with respect to any regulated NSR pollutant emitted by a 

major stationary source, the amount by which the sum of the following exceeds zero:

(1) The increase in emissions from a particular physical 

change or change in the method of operation at a stationary source as calculated 

pursuant to 9VAC5-80-2000 H; and

(2) Any other increases and decreases in actual emissions 

at the major stationary source that are contemporaneous with the particular change and 
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are otherwise creditable. Baseline actual emissions for calculating increases and 

decreases under this subdivision shall be determined as provided in the definition of 

“baseline actual emissions,” except that subdivisions a (3) and b (4) of that definition 

shall not apply.

b. An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular change only if it occurs before 

the date that the increase from the particular change occurs. For sources located in 

ozone nonattainment areas classified as serious or severe in 9VAC5-20-204, an 

increase or decrease in actual emissions of volatile organic compounds or nitrogen 

oxides is contemporaneous with the increase from the particular change only if it occurs 

during a period of five consecutive calendar years which includes the calendar year in 

which the increase from the particular change occurs.

c. An increase or decrease in actual emissions is creditable only if:

(1) It occurs between the date five years before construction 

on the particular change commences and the date that the increase from the particular 

change occurs; and

(2) The board has not relied on it in issuing a permit for the 

source pursuant to this article which permit is in effect when the increase in actual 

emissions from the particular change occurs.

d. An increase in actual emissions is creditable only to the extent 

that the new level of actual emissions exceeds the old level.

e. A decrease in actual emission is creditable only to the extent 

that:

(1) The old level of actual emissions or the old level of 

allowable emissions, whichever is lower, exceeds the new level of actual emissions;

(2) It is enforceable as a practical matter at and after the 

time that actual construction on the particular change begins;

(3) The board has not relied on it in issuing any permit 

pursuant to this chapter or the board has not relied on it in demonstrating attainment or 

reasonable further progress in the implementation plan; and

(4) It has approximately the same qualitative significance for 

public health and welfare as that attributed to the increase from the particular change.

f. An increase that results from a physical change at a source 
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occurs when the emissions unit on which construction occurred becomes operational 

and begins to emit a particular pollutant. Any replacement unit that requires shakedown 

becomes operational only after a reasonable shakedown period, not to exceed 180 

days.

g. Subdivision a of the definition of “actual emissions” shall not 

apply for determining creditable increases and decreases or after a change.

“New source review (NSR) permit” means a permit issued under the new 

source review program.

"New source review (NSR) program" means a preconstruction review and 

permit program (i) for new stationary sources or modifications (physical changes or 

changes in the method of operation), (ii) established to implement the requirements of 

§§ 110 (a)(2)(C), 112 (relating to permits for hazardous air pollutants), 165 (relating to 

permits in prevention of significant deterioration areas), and 173 (relating to permits in 

nonattainment areas) of the federal Clean Air Act and associated regulations, and (iii) 

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

8 (9VAC5-80-1605 et seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.

"Nonattainment major new source review (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 § 173 of the federal Clean Air Act and associated 

regulations, and (iii) codified in Article 9 (9VAC5-80-2000 et seq.) of this part. Any 

permit issued under such a program is a major NSR permit.

"Nonattainment pollutant" means within a nonattainment area, the 

pollutant for which such area is designated nonattainment. For ozone nonattainment 

areas, the nonattainment pollutants shall be volatile organic compounds (including 

hydrocarbons) and nitrogen oxides.

"Ozone transport region" means the area established by § 184(a) of the 

federal Clean Air Act or any other area established by the administrator pursuant to § 

176A of the federal Clean Air Act for purposes of ozone. For the purposes of this 

article, the Ozone Transport Region consists of the following localities: Arlington 

County, Fairfax County, Loudoun County, Prince William County, Stafford County, 

Alexandria City, Fairfax City, Falls Church City, Manassas City, and Manassas Park 

City.

"Plantwide applicability limitation (PAL)" means an emission limitation 

expressed in tons per year, for a pollutant at a major stationary source, that is 

enforceable as a practical matter and established sourcewide in accordance with 

9VAC5-80-2144.
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"PAL effective date" generally means the date of issuance of the PAL 

permit. However, the PAL effective date for an increased PAL is the date any emissions 

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

the PAL pollutant.

"PAL effective period" means the period beginning with the PAL effective 

date and ending five years later.

"PAL major modification" means, notwithstanding the definitions for “major 

modification” and “net emissions increase,” any physical change in or change in the 

method of operation of the PAL source that causes it to emit the PAL pollutant at a level 

equal to or greater than the PAL.

"PAL permit" means the major NSR permit, the minor NSR permit, the

state operating permit, or the federal operating permit issued by the board that 

establishes a PAL for a major stationary source.

"PAL pollutant" means the pollutant for which a PAL is established at a 

major stationary source.

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

emit a pollutant under its physical and operational design. Any physical or operational 

limitation on the capacity of the source to emit a pollutant, including air pollution control 

equipment, and restrictions on hours of operation or on the type or amount of material 

combusted, stored, or processed, shall be treated as part of its design only if the 

limitation or the effect it would have on emissions is federally and state enforceable.

Secondary emissions do not count in determining the potential to emit of a stationary 

source. For the purposes of actuals PALs, any physical or operational limitation on the 

capacity of the source to emit a pollutant, including air pollution control equipment, and 

restrictions on hours of operation or on the type or amount of material combusted, 

stored, or processed, shall be treated as part of its design only if the limitation or the 

effect it would have on emissions is federally enforceable or enforceable as a practical 

matter by the state.

"Predictive emissions monitoring system (PEMS)" means all of the 

equipment necessary to monitor process and control device operational parameters (for 

example, control device secondary voltages and electric currents) and other information 

(for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the 

mass emissions rate (for example, pounds per hour) on a continuous basis.

"Prevention of Significant Deterioration (PSD) 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 
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to implement the requirements of §§ 165 of the federal Clean Air Act and associated 

regulations, and (iii) codified in Article 8 (9VAC5-80-1605 et seq.) of this part.

"Project" means a physical change in, or change in the method of 

operation of, an existing major stationary source.

"Projected actual emissions” means the maximum annual rate, in tons per 

year, at which an existing emissions unit is projected to emit a regulated NSR pollutant 

in any one of the five years (12-month period) following the date the unit resumes 

regular operation after the project, or in any one of the 10 years following that date, if 

the project involves increasing the emissions unit's design capacity or its potential to 

emit of that regulated NSR pollutant and full utilization of the unit would result in a 

significant emissions increase or a significant net emissions increase at the source. In 

determining the projected actual emissions before beginning actual construction, the 

owner shall:

a. Consider all relevant information, including but not limited to, 

historical operational data, the company's own representations, the company's 

expected business activity and the company's highest projections of business activity, 

the company's filings with the state or federal regulatory authorities, and compliance 

plans under the approved plan; and

b. Include fugitive emissions to the extent quantifiable, and 

emissions associated with startups, shutdowns, and malfunctions; and

c. Exclude, in calculating any increase in emissions that results 

from the particular project, that portion of the unit's emissions following the project that 

an existing unit could have emitted during the consecutive 24-month period used to 

establish the baseline actual emissions and that are also unrelated to the particular 

project, including any increased utilization due to product demand growth, provided 

such exclusion shall not reduce any calculated increases in emissions that are caused 

by, result from, or are related to the particular project; or,

d. In lieu of using the method set out in subdivisions a through c of 

this definition, may elect to use the emissions unit's potential to emit, in tons per year, 

as defined under the definition of potential to emit.

"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.

"Reasonable further progress" means the annual incremental reductions 
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in emissions of a given air pollutant (including substantial reductions in the early years 

following approval or promulgation of an implementation plan and regular reductions 

thereafter) which are sufficient in the judgment of the board to provide for attainment of 

the applicable ambient air quality standard within a specified nonattainment area by the 

attainment date prescribed in the implementation plan for such area.

"Regulated NSR pollutant" means any of the following:

a. Nitrogen oxides or any volatile organic compound;

b. Any pollutant for which an ambient air quality standard has been 

promulgated; or

c. Any pollutant that is a constituent or precursor of a general 

pollutant listed under subdivisions a and b of this definition, provided that a constituent 

or precursor pollutant may only be regulated under NSR as part of regulation of the 

general pollutant.

"Secondary emissions" means emissions which would occur as a result of 

the construction or operation of a major stationary source or major modification, but do 

not come from the major stationary source or major modification itself. For the purpose 

of this article, secondary emissions shall be specific, well defined, quantifiable, and 

affect the same general area as the stationary source or modification 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 major stationary source or major modification.

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.

"Significant" means in reference to a net emissions increase or the 

potential of a source to emit any of the following pollutants, a rate of emissions that 

would equal or exceed any of the following rates:

a. Ozone nonattainment areas classified as serious or severe in 

9VAC5-20-204.

Pollutant Emissions Rate

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 25 tpy

Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

Ozone 25 tpy of volatile organic 
COMMONWEALTH OF VIRGINIA PAGE 58 of 70

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compounds

Lead 0.6 tpy

b. Other nonattainment areas.

Pollutant Emissions Rate

Carbon Monoxide 100 tons per year (tpy)

Nitrogen Oxides 40 tpy

Sulfur Dioxide 40 tpy

Particulate Matter 25 tpy

PM10 15 tpy

PM2.5 10 tpy

Ozone 40 tpy of volatile organic 

compounds

Lead 0.6 tpy

"Significant emissions increase" means, for a regulated NSR pollutant, an 

increase in emissions that is significant for that pollutant.

"Significant emissions unit" means an emissions unit that emits or has the 

potential to emit a PAL pollutant in an amount that is equal to or greater than the 

significant level for that PAL pollutant, but less than the amount that would qualify the 

unit as a major emissions unit.

"Small emissions unit" means an emissions unit that emits or has the 

potential to emit the PAL pollutant in an amount less than the significant level for that 

PAL pollutant.

"State enforceable" means all limitations and conditions that are 

enforceable as a practical matter, including any regulation of the board, those 

requirements developed pursuant to 9VAC5-170-160, requirements within any 

applicable order or variance, and any permit requirements established pursuant to this 

chapter.

“State operating permit” means a permit issued under the state operating 

permit program.

"State operating permit program" means an operating permit program (i) 

for issuing limitations and conditions for stationary sources, (ii) promulgated to meet the 

EPA's minimum criteria for federal enforceability, including adequate notice and 

opportunity for the EPA and public comment prior to issuance of the final permit, and 

practicable enforceability, and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this 

part.
COMMONWEALTH OF VIRGINIA PAGE 59 of 70

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"Stationary source" means any building, structure, facility, or installation 

which emits or may emit a regulated NSR pollutant.

"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.

"Temporary clean coal technology demonstration project" means a clean 

coal technology demonstration project that is operated for a period of five years or less, 

and that complies with the applicable implementation plan and other requirements 

necessary to attain and maintain the national ambient air quality standards during the 

project and after it is terminated.

9VAC5-80-2020. General.

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

any new major stationary source or major modification without first obtaining from the 

board a permit to construct and operate such source. The permit will state that the 

major stationary source or major modification shall meet all the applicable requirements 

of this article.

B. No owner or other person shall relocate any emissions unit from one 

stationary source to another without first obtaining from the board a permit to relocate 

the unit.

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

efficient processing and issuing of permits for projects that are to be constructed 

concurrently, the board may combine the requirements of and the permits for emissions 

units within a stationary source subject to the major 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 major new source 

review program be combined into one application The board will take actions to 

combine permit terms and conditions as provided in 9VAC5-80-2195. Actions to 

combine permit terms and conditions involve relocating the terms and conditions 

contained in two or more permits issued to single stationary source to a single permit 

document. Actions to combine permit terms and conditions in and of themselves are not

a mechanism for making changes to permits; such actions shall be taken under 9VAC5-

80-2200 as explained in subsection D of this section.

D. The board may not incorporate the terms and conditions of a state operating 

permit, a minor new source review permit, or a PAL permit into a permit issued 
COMMONWEALTH OF VIRGINIA PAGE 60 of 70

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pursuant to this article The board will take actions to make changes to permit terms and 

conditions as provided in 9VAC5-80-2200. Nothing in this subsection is intended to 

imply that once an action has been taken to make a change to a permit, the resulting 

permit change may not be combined with other terms and conditions in a single permit 

document as provided in subsection C of this section.

E. 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 9VAC5-40 (Existing Stationary Sources), 

Article 2 (9VAC5-50-130 et seq.) of 9VAC5 Chapter 50 9VAC5-50 (New and Modified 

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

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

9VAC5-60 (Hazardous Air Pollutant Sources).

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

federally enforceable shall be marked in the permit as state-only enforceable and shall 

only be enforceable by the board. Incorrectly designating a term or condition as stateonly enforceable shall not provide a shield from federal enforcement of a term or 

condition that is legally federally enforceable.

F. 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.

9VAC5-80-2140. Exception Exemptions.

A. The provisions of this article do not apply to a source or modification that 

would be a major stationary source or major modification only if fugitive emissions, to 

the extent quantifiable, are considered in calculating the potential to emit of the source 

or modification and the source does not belong to any of the following categories:

1. Coal cleaning plants (with thermal dryers);

2. Kraft pulp mills;

3. Portland cement plants;
COMMONWEALTH OF VIRGINIA PAGE 61 of 70

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4. Primary zinc smelters;

5. Iron and steel mills;

6. Primary aluminum ore reduction plants;

7. Primary copper smelters;

8. Municipal incinerators capable of charging more than 250 tons of 

refuse per day;

9. Hydrofluoric acid plants;

10. Sulfuric acid plants;

11. Nitric acid plants;

12. Petroleum refineries;

13. Lime plants;

14. Phosphate rock processing plants;

15. Coke oven batteries;

16. Sulfur recovery plants;

17. Carbon black plants (furnace process);

18. Primary lead smelters;

19. Fuel conversion plants;

20. Sintering plants;

21. Secondary metal production plants;

22. Chemical process plants;

23. Fossil-fuel boilers (or combination of them) totaling more than 250 

million British thermal units per hour heat input;

24. Petroleum storage and transfer units with a total storage capacity 
COMMONWEALTH OF VIRGINIA PAGE 62 of 70

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exceeding 300,000 barrels;

25. Taconite ore processing plants;

26. Glass fiber processing plants;

27. Charcoal production plants;

28. Fossil fuel-fired steam electric plants of more than 250 million British 

thermal units per hour heat input; and

29. Any other stationary source category which, as of August 7, 1980, is 

being regulated under 40 CFR Part 60, 61, or 63.

B. The requirements of this article shall not apply to a particular major stationary 

source with respect to the use of an alternative fuel or raw material if the following 

conditions are met:

1. The owner demonstrates to the board that, as a result of trial burns at 

the owner’s facility or other facilities or other sufficient data, the emissions resulting 

from the use of the alternative fuel or raw material supply are decreased. No 

demonstration will be required for the use of processed animal fat, processed fish oil, 

processed vegetable oil, distillate oil, or any mixture thereof in place of the same 

quantity of residual oil to fire industrial boilers.

2. The use of an alternative fuel or raw material would not be subject to 

review under this article as a major modification.

9VAC5-80-2195. Actions to combine permit terms and conditions.

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

as follows:

1. Except as provided in subdivision 3 of this subsection, the board may 

take actions to combine permit terms and conditions as provided under subsections B 

through E of this section.

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

the permittee or by the board.

3. Under no circumstances may an action to combine permit terms and 

conditions be used for any of the following:

a. To combine the terms and conditions of (i) a federal operating 
COMMONWEALTH OF VIRGINIA PAGE 63 of 70

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permit, (ii) a PAL permit, or (iii) any permit that is or will be part of the implementation 

plan.

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

fabrication, erection, installation, demolition, relocation, addition, replacement or 

modification of an emissions unit that would result in a change in emissions which 

would otherwise (i) be subject to review under this article or (ii) require a permit or 

permit amendment under the new source review program.

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

federal requirement.

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

physical change in or change in the method of operation of a major stationary source 

that is subject to the provisions in 9VAC5-80-2000 D (restrictions on relaxing 

enforceable emission limitations that the major stationary source used to avoid 

applicability of the major NSR program).

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

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

operating permits and new source review permits.

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

improved compliance or the efficient processing and issuing of permits, the board may 

take an action to combine the terms and conditions of permits for emissions units within 

a stationary source into one or more permits. Likewise the board may require that 

applications for permits for emissions units within a stationary source required by any 

permit program be combined into one application.

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

following conditions:

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

a statement which specifies and references the origin (enabling permit program) of, 

along with the regulatory or any other authority for, the term or condition.

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

a statement which specifies the effective date of the term or condition.

3. Each term or condition in the combined permit shall be identified by its 

original designation (i.e., state-only enforceable or federally and state enforceable) 

consistent with the applicable enforceability designation of the term or condition in the 

contributing permit.
COMMONWEALTH OF VIRGINIA PAGE 64 of 70

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4. Except as provided in subsection E of this section, all terms and 

conditions in the contributing permits shall be included in the combined permit without 

change. The combined permit will supersede the contributing permits, which will no 

longer be effective.

E. Actions to make changes to permit terms and conditions as may be necessary 

to facilitate actions to combine permit terms and conditions may be accomplished in 

accordance with the minor amendment procedures (unless specified otherwise in this 

section) of the enabling permit program (i.e., the permit program that is the origin of the 

term or condition), subject to the following conditions:

1. Updates to regulatory or other authorities may be accomplished in 

accordance with the administrative amendment procedures of the enabling permit 

program.

2. If two or more terms or conditions apply to the same emissions unit or 

emissions units and are substantively equivalent, the more restrictive of the duplicate 

terms or conditions may be retained and the less restrictive one removed, subject to the 

provisions of subdivision 4 of this subsection.

3. If two or more similar terms or conditions apply to the same emissions 

unit or emissions units and one is substantively more restrictive than the others, the 

more restrictive of the terms or conditions shall be retained, regardless of whether the 

less restrictive terms or conditions are removed. If the less restrictive of the similar 

terms or conditions is removed, the provisions of subdivision 4 of this subsection apply.

4. The removal of similar terms or conditions from contributing permits is 

subject to the following conditions:

a. If any one of the terms or conditions removed is federally and 

state enforceable, the more restrictive term or condition that is retained in the combined 

permit shall be federally and state enforceable.

b. If any one of the terms or conditions originates in a permit 

subject to a major NSR program, that major NSR program shall become the effective 

enabling permit program for the more restrictive term or condition that is retained in the 

combined permit. If more than one major NSR program is the basis for a term or 

condition, all of the applicable major NSR programs shall be the enabling permit 

program for that term or condition.

c. The regulatory basis for all of the similar terms or conditions that 

are removed shall be included in the reference for the term or condition that is retained.

9VAC5-80-2200. Changes to Actions to change permits.
COMMONWEALTH OF VIRGINIA PAGE 65 of 70

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A. The general requirements for making actions to make changes to permits 

issued under this article are as follows:

1. Except as provided in subdivision 3 of this subsection, changes to a 

permit issued under this article shall be made as specified under subsections B and C 

of this section and 9VAC5-80-2210 through 9VAC5-80-2240.

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. Under no circumstances may a permit issued under this article be 

changed in order to (i) incorporate the terms and conditions necessary to implement 

any provision of the new source review program for a project that qualifies as a 

modification under the new source review program or (ii) incorporate the terms and 

conditions necessary to implement any provision of the new source review program for 

a PAL permit.

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

1. The permittee may initiate a change to a permit by submitting a written 

request to the board for an administrative permit amendment, a minor permit 

amendment or a significant permit amendment. The requirements for these permit 

changes can be found in 9VAC5-80-2210 through 9VAC5-80-2230.

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 9VAC5-80-2240.

9VAC5-80-2210. Administrative permit amendments.

A. Administrative permit amendments shall be required used for and limited to 

the following:

1. Correction of typographical or any other error, defect or irregularity that 

does not substantially affect the permit.
COMMONWEALTH OF VIRGINIA PAGE 66 of 70

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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 9VAC5-80-2170 have been fulfilled.

B. The administrative permit amendment procedures are as follows:

1. The board will normally take final action on a request for an 

administrative permit amendment no more than 60 days from receipt of the request.

2. The board will incorporate the changes without providing notice to the 

public under 9VAC5-80-2070. However, any such permit revisions shall be designated 

in the permit amendment as having been made pursuant to this section.

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

administrative amendment immediately upon submittal of the request.

9VAC5-80-2220. Minor permit amendments.

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

amendments that meet all of the following criteria:

1. Do not violate any applicable federal requirement.

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

record keeping 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 record keeping requirements.

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

emissions limitation or other standard requirement.

4. Do not seek to establish or change a permit term or condition (i) for 

which there is no corresponding underlying applicable regulatory requirement and (ii) 

that the source has assumed to avoid an applicable regulatory requirement to which the 

source would otherwise be subject. Such terms and conditions include, but are not 

limited to, an emissions cap assumed to avoid classification as a modification under the 

new source review program.
COMMONWEALTH OF VIRGINIA PAGE 67 of 70

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5. Are not required to be processed as a significant amendment under 

9VAC5-80-2230; or as an administrative permit amendment under 9VAC5-80-2210.

B. Notwithstanding subsection A of this section, minor permit amendment 

procedures may be used for permit amendments that meet any of the following criteria:

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

similar approaches, to the extent that such minor permit amendment procedures are 

explicitly provided for in a regulation of the board or a federally-approved program.

2. Require new or more frequent monitoring or reporting by the permittee.

3. Designate any term or permit condition that meets the criteria in 

9VAC5-80-2020 E 1 as state-only enforceable as provided in 9VAC5-80-2020 E 2 for 

any permit issued under this article or any regulation from which this article is derived.

C. Minor permit amendment procedures may be used for permit amendments 

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

mutual determination that the provision is rescinded because all of the underlying 

statutory or regulatory requirements (i) upon which the provision is based or (ii) that 

necessitated inclusion of the provision are no longer applicable. In order for the 

underlying statutory and regulatory requirements to be considered no longer applicable, 

the provision of the permit that is being rescinded must not cover a regulated NSR 

pollutant.

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

of the following:

1. A a description of the change, the emissions resulting from the change, 

and any new applicable regulatory requirements that will apply if the change occurs., 

along with a 

2. A request that such procedures be used. The applicant may, at the 

applicant’s discretion, include a suggested proposed permit amendment.

E. The public participation requirements of 9VAC5-80-2070 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.
COMMONWEALTH OF VIRGINIA PAGE 68 of 70

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2. Deny the permit amendment request.

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

permit amendment criteria and should be reviewed under the significant amendment 

procedures.

G. The requirements for making changes are as follows:

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

amendment request immediately after the request is filed.

2. After the change under subdivision 1 of this subsection is made, and 

until the board takes any of the actions specified in subsection F of this section, the 

source shall comply with both the applicable regulatory requirements governing the 

change and the proposed permit terms and conditions amendment.

3. During the time period specified in subdivision 2 of this subsection, the 

owner need not comply with the existing permit terms and conditions the owner seeks 

to modify if the applicant has submitted a proposed permit amendment. However, if the 

owner fails to comply with the proposed permit terms and conditions during this time 

period, the existing permit terms and conditions the owner seeks to modify may be 

enforced against the owner.

9VAC5-80-2230. 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 9VAC5-80-2220 or 

as administrative amendments under 9VAC5-80-2210.

2. Significant amendment procedures shall be used for those permit 

amendments that meet any one of the following criteria:

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

recordkeeping requirements that would make the permit requirements less stringent, 

such as a change to the method of monitoring to be used, a change to the method of 

demonstrating compliance or a relaxation of reporting or record keeping requirements.

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

emissions limitation or other standard requirement.

c. Seek to establish or change a permit term or condition (i) for 

which there is no corresponding underlying applicable regulatory requirement and (ii) 
COMMONWEALTH OF VIRGINIA PAGE 69 of 70

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that the source has assumed to avoid an applicable regulatory requirement to which the 

source would otherwise be subject. Such terms and conditions include, but are not 

limited to, an emissions cap assumed to avoid classification as a modification under the 

new source review program.

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

change, the emissions resulting from the change, and any new applicable regulatory 

requirements that will apply if the change occurs. The applicant may, at his the 

applicant's discretion, include a suggested draft permit amendment.

C. The provisions of 9VAC5-80-2070 shall apply to requests made under this 

section.

D. The board will normally take final action on significant permit amendments 

within 90 days after receipt of a complete request. If a public comment period is 

required, processing time for a permit amendment is normally 180 days following 

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

information is required or if a public hearing is conducted under 9VAC5-80-2070.

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.

9VAC5-80-2240. Reopening for cause.

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

situations:

1. Additional regulatory requirements become applicable to the emissions 

units covered by the permit after a permit is issued but prior to commencement of 

construction.

2. The board determines that the permit contains a material mistake or 

that inaccurate statements were made in establishing the emissions standards or other 

terms or conditions of the permit.

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

compliance with the applicable regulatory requirements or that the terms and conditions 

of the permit are not sufficient to meet all of the standards and requirements contained 

in this article.

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

as apply to initial permit issuance and shall affect only those parts of the permit for 

which cause to reopen exists. Such reopening shall be made as expeditiously as 
COMMONWEALTH OF VIRGINIA PAGE 70 of 70

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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTER 80)

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.

TEMPLATES\NOIRA\REG-PRO

REG\DEV\C08-REG-FIN.DOC
ENCLOSURE 2 

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES 

AND COMPLIANCE WITH 

STATE ADMINISTRATIVE PROCEDURES 

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the 

following information regarding public participation activities and compliance with state 

administrative procedures is provided. 

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity 

to submit written comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan was held from August 4 to September 3, 2010. 

As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was given notice of 

the public comment period in the Washington Examiner (for the National Capital 

Interstate Air Quality Control Region), along with the location of the proposal for public 

inspection, on August 4, 2010. The notice included procedures to afford the public the 

opportunity to request that a hearing be held pursuant to 40 CFR 51.102(a); no such 

request was received. The attached copy of the notice provides the evidence required 

by Section 2.1(f) of Appendix V of 40 CFR Part 51. Similar notices were placed in at 

least one paper of general circulation in each of Virginia's other Air Quality Control 

Regions. 

The Regional Administrator for the U.S. Environmental Protection Agency was notified 

of the public comment period, as was each local air pollution control agency which will 

be significantly affected by the revision and is located in the affected Air Quality Control 

Regions. In addition, the District of Columbia, Maryland and Tennessee, which share 

affected interstate Air Quality Control Regions with Virginia, were notified of the public 

comment period. These notifications follow the requirements of 40 CFR Part 

51.102(d)(3), (4) and (5). 

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation 

amendments were published in the Virginia Register of Regulations on June 8, 2009 

after being duly adopted by the State Air Pollution Control Board on December 15, 

2008, certified by the Office of the Attorney General as within the board’s statutory 

authority on January 21, 2009 and thus fully enforceable under Virginia law, and 

submitted to the Virginia Registrar on behalf of the Board by the Department of 

Environmental Quality as a true and accurate copy of the duly adopted regulation on 

May 19, 2009, providing the evidence required by Section 2.1(b) and (e) of Appendix V 

of 40 CFR Part 51. As required by Section 2.1(d) of Appendix V of 40 CFR Part 51, a 

copy of the actual regulation submitted for approval and incorporation by reference into 
the Commonwealth of Virginia State Implementation Plan is attached, along with the 

effective date of July 23, 2009. 

TEMPLATES\SIP-REG\REG02-PH 

SIP\NONATTN PLANS\2010\C08-SIP-2.DOC 
PROOF OF PUBLICATION 

I, Alicia Willis, of The Washington 

Examiner, (Virginia Edition) a newspaper 

in the area of Virginia, published in the 

English language and located in the 

Virginia area, and entered in a newspaper 

of record according tc the Laws and 

Regulations of the United States of 

America for 52 successive Weeks or more 

prior to the issue of August 4,2010 notice 

of: 

Air Quality Plan Revision 

for DEQ-Air Quality Division 

Attached hereto has been published on 

August 4,2010. 

J J 

~ '- ~ VIRG CJ ~" 4 fC '~"" O]'A RY '"' ~ 

Ad Number: 695872 """,,, ., .... 

End Date: August 4,2010 

Run Date: August 4,2010 

Air Quality Plan Revision 

DEQ-Air Quality Division 

August 4 2010 69!'len 

lOIS 15th Street, NW, Suite 500, Washington, DC 20005 _ 6850 Versar Center Drive 3rd Floor, Springfield, VA 22151 

703.738.0657 phone - 703.738.0776 fax 
Regulations 

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009 

3489

Real Estate Development Costs. The proposed amendments 

may moderately, but probably not significantly, add to real 

estate development costs via increased costs associated with 

adhesives, sealants, and consumer products. 

Legal Mandate. The Department of Planning and Budget 

(DPB) has analyzed the economic impact of this proposed 

regulation in accordance with § 2.2-4007.04 of the 

Administrative Process Act and Executive Order Number 36 

(06). Section 2.2-4007.04 requires that such economic 

impact analyses include, but need not be limited to, the 

projected number of businesses or other entities to whom the 

regulation would apply, the identity of any localities and 

types of businesses or other entities particularly affected, the 

projected number of persons and employment positions to be 

affected, the projected costs to affected businesses or entities 

to implement or comply with the regulation, and the impact 

on the use and value of private property. Further, if the 

proposed regulation has adverse effect on small businesses, 

§ 2.2-4007.04 requires that such economic impact analyses 

include (i) an identification and estimate of the number of 

small businesses subject to the regulation; (ii) the projected 

reporting, recordkeeping, and other administrative costs 

required for small businesses to comply with the regulation, 

including the type of professional skills necessary for 

preparing required reports and other documents; (iii) a 

statement of the probable effect of the regulation on affected 

small businesses; and (iv) a description of any less intrusive 

or less costly alternative methods of achieving the purpose of 

the regulation. The analysis presented above represents 

DPB’s best estimate of these economic impacts. 

_____________________________ 

1

 Data source: Department of Environmental Quality 

2

 Data source: via Department of Environmental Quality, the Virginia 

Employment Commission database on April 21, 2008.

Agency's Response to the Department of Planning and 

Budget's Economic Impact Analysis: The department has 

reviewed the economic impact analysis prepared by the 

Department of Planning and Budget and has no comment. 

Summary:

A new chapter (9VAC5-45) is established for the control 

of volatile organic compound (VOC) emissions from 

various consumer and commercial products in the 

Northern Virginia and Fredericksburg VOC Emissions 

Control Areas. The new chapter consists of two parts. 

The first part of the new chapter contains general 

requirements pertaining to all of the types of consumer 

and commercial products regulated. The second part is 

composed of articles that contain VOC content and 

emission standards for individual types of consumer 

products and contain the control technology, testing, 

monitoring, administrative, recordkeeping, and reporting 

requirements necessary to determine compliance with 

each of the applicable standards.

The new chapter includes two articles that control VOC 

emissions from portable fuel containers and spouts. 

These articles implement design, performance, and 

labeling standards for portable fuel container products 

before and after January 1, 2009, and prohibit owners 

from manufacturing, distributing, and selling 

noncompliant products.

The new chapter includes two articles that control VOC 

emissions from certain types of consumer products. 

These articles implement VOC content standards for 

some individual product categories before and after 

January 1, 2009, and prohibit owners from 

manufacturing, distributing, advertising, or selling 

noncompliant products.

The new chapter includes an article for the control of 

VOC emissions from architectural and industrial 

maintenance coatings that implements VOC content 

standards for all such coating products and prohibits 

owners from manufacturing, distributing, selling, and 

using noncompliant products.

The new chapter includes an article that controls VOC 

emissions from adhesives, adhesive primers, sealants, 

and sealant primers that implements VOC content limits 

for those products and prohibits owners from 

manufacturing, distributing, selling, or applying 

noncompliant products.

Finally, the new chapter includes an article that controls 

VOC emissions from asphalt paving operations, which 

prescribes the use of emulsified asphalt coatings except 

for the purpose of coating residential driveways and 

prohibits the mixing, storage, and application of 

noncompliant products. 

VA.R. Doc. No. R07-264; Filed May 18, 2009, 11:59 a.m. 

Fast-Track Regulation 

Title of Regulation: 9VAC5-80. Permits for Stationary 

Sources (amending 9VAC5-80-1615, 9VAC5-80-1625, 

9VAC5-80-1695, 9VAC5-80-1925, 9VAC5-80-1935, 

9VAC5-80-1945, 9VAC5-80-1955, 9VAC5-80-1965, 

9VAC5-80-2010, 9VAC5-80-2020, 9VAC5-80-2140, 

9VAC5-80-2200, 9VAC5-80-2210, 9VAC5-80-2220, 

9VAC5-80-2230, 9VAC5-80-2240; adding 9VAC5-80-

1915, 9VAC5-80-2195).

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

Public Hearing Information: No public hearings are 

scheduled. 

Public Comments: Public comments may be submitted until 

5 p.m. on July 8, 2009. 

Effective Date: July 23, 2009. 

Agency Contact: Gary E. Graham, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 
Regulations 

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009 

3490 

Richmond, VA 23218, telephone (804) 698-4103, or email 

gegraham@deq.virginia.gov. 

Basis: Section 10.1-1308 of the Code of Virginia authorizes 

the State Air Pollution Control Board to promulgate 

regulations abating, controlling, and prohibiting air pollution 

in order to protect public health and welfare. 

Purpose: The purpose of the regulations is to (i) require the 

owner of a proposed new or modified facility to provide such 

information as may be needed to enable the board to conduct 

a preconstruction review in order to determine compliance 

with applicable control technology and other standards and to 

assess the impact of the emissions from the facility on air 

quality and (ii) provide the basis for the board's final action 

(approval or disapproval) on the permit depending upon the 

results of the preconstruction review. 

The proposed amendments are being made to allow the terms 

and conditions of the various elements of the new source 

review (NSR) program to be combined into a single permit. 

These amendments will protect the health and welfare of 

citizens because they will (i) make issuance of NSR permits 

more effective and efficient, (ii) clarify understanding of the 

permitting process, (iii) make the permitting process more 

transparent, and (iv) redirect limited department resources to 

issues of greater concern to the public. 

Rationale for Using Fast-Track Process: Virginia’s NSR 

program consists of several regulations: two for major NSR 

(PSD or nonattainment), one for minor NSR, and one for 

major sources of hazardous air pollutants (HAPs). It is 

possible that an individual source could simultaneously need 

permits for the purposes of major NSR, minor NSR, and 

HAPs. In the interest of efficiency, provisions allowing 

permits to be combined were created to allow owners to have 

a single application for these permits, and to allow the agency 

to issue a single permit. 

The ability to combine multiple permit elements into a single 

NSR permit was accepted by EPA when initially established 

as an element of the NSR program. Recently, during the 

public comment period on a state regulatory action developed 

in response to an EPA major NSR reform initiative, EPA 

objected to these provisions and indicated that the regulations 

would not be approved into the SIP if combining permits was 

allowed. Although the department did not concur with the 

basis for EPA’s objections, these provisions were removed 

from the major NSR rules in order to ensure approvability of 

the SIP. 

The inability to combine permits creates significant negative 

effects: 

1. If major and minor NSR permits cannot be combined, 

virtually every major NSR change will result in two 

permits. Generating two different sets of permit terms and 

conditions results in a significant workload increase. 

2. Keeping major NSR and minor NSR terms and 

conditions separated into two different permits does not 

preserve any terms and conditions as purely major NSR or 

minor NSR terms or conditions. 

3. The opportunity for public review and comment is 

reduced. 

4. Compliance issues result from confusion about where 

the applicable terms and conditions for a pollutant reside 

when there is more than one effective permit. 

In developing this proposal, EPA was consulted to determine 

how combining permits could be restored while addressing 

their concerns. Language acceptable to EPA was developed, 

and combining permits is now considered to be SIPapprovable by EPA. 

The ability to combine permits will be a great benefit to the 

department, the regulated community, and the public, with 

EPA’s concurrence. Therefore, no objections to the 

restoration of the program are anticipated, and the fast-track 

process is appropriate. 

Substance: 

1. Provisions have been added to allow the terms and 

conditions of the various elements of the NSR program to be 

combined into a single permit. 

2. Provisions that specify the NSR programs to be used for 

the issuance of PAL permits have been revised in order to 

limit the issuance of these permits via a state operating 

permit. 

3. Provisions that provide certain exemptions related to the 

use of alternative fuels or raw materials have been updated to 

comply with recent amendments to § 10.1-1322.4 of the Code 

of Virginia and restructured to ensure no conflict with federal 

law or regulation. 

Issues: 

1. Public: Advantages to the general public include more 

effective and efficient issuance of NSR permits, which will 

contribute to the protection of health and welfare. The general 

public will also benefit from a clearer understanding of the 

permitting process, as well as a more transparent process. The 

regulated community will enjoy the same benefits in addition 

to the benefits of avoiding unnecessary permitting. 

2. Department: The department will benefit by avoiding 

unnecessary and duplicative permitting efforts, and will be 

better able to direct limited resources in a more effective and 

efficient manner. Compliance and enforcement activities will 

also benefit from focus on a single, comprehensive permit 

rather than many competing permits. 

3. There are no disadvantages associated with this action. 
Regulations 

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009 

3491

The Department of Planning and Budget's Economic Impact 

Analysis: 

Summary of the Proposed Amendments to Regulation. The 

State Air Pollution Control Board (Board) proposes to revise 

the current new source review (NSR) permit requirements to 

combine the terms and conditions of the various elements of 

the NSR program into a single permit. The proposed changes 

would add a new section to set out the procedure for 

combining permits. The proposed changes would also 

exempt alternative fuels or raw materials from the permit 

requirements to conform with new provisions in the Code and 

to ensure that there are no conflicts with federal law or 

regulation. The Department of Environmental Quality (DEQ) 

worked with the U.S. Environmental Protection Agency 

(EPA) to develop these provisions. 

Result of Analysis. The benefits likely exceed the costs for all 

proposed changes. 

Estimated Economic Impact. Virginia’s NSR program 

consists of several regulations: two for major NSR 

(prevention of significant deterioration or nonattainment), one 

for minor NSR, and one for major sources of hazardous air 

pollutants (HAPs). It is possible that an individual source 

could simultaneously need permits for the purposes of major 

NSR, minor NSR, and HAPs. In the interest of efficiency, 

provisions allowing permits to be combined were created to 

allow owners to have a single application for these permits, 

and to allow the agency to issue a single permit. 

According to DEQ the ability to combine multiple permit 

elements into a single NSR permit was accepted by EPA 

when initially established as an element of the NSR program. 

Recently, during the public comment period on a state 

regulatory action developed in response to an EPA major 

NSR reform initiative, EPA objected to these provisions and 

indicated that the regulations would not be approved into the 

State Implementation Plan (SIP) if combining permits was 

allowed. Although DEQ did not concur with the basis for 

EPA’s objections, these provisions were removed from the 

major NSR rules in order to ensure approvability of the SIP. 

The inability to combine permits creates significant negative 

effects. First, if major and minor NSR permits cannot be 

combined, virtually every major NSR change will result in 

two permits. Generating two different sets of permit terms 

and conditions results in a significant workload increase. 

DEQ estimates that it takes 1000 hours of staff time to 

review, negotiate, write and issue a prevention of significant 

deterioration major NSR permit, 667 hours of staff time to 

review, negotiate, write and issue a nonattainment major NSR 

permit, and 175 hours of staff time to review, negotiate, write 

and issue a minor NSR permit. On the other hand combining 

a prevention of significant deterioration major NSR permit 

with a minor NSR permit, for example, would only require 

approximately 1000 hours, saving 175 hours of staff time. 

Regulated entities also must use significantly more staff time 

with separate permits. 

Second, keeping major NSR and minor NSR terms and 

conditions separated into two different permits does not 

preserve any terms and conditions as purely major NSR or 

minor NSR terms or conditions, prompting confusion. Third, 

the opportunity for public review and comment is reduced. 

Fourth, compliance issues result from confusion about where 

the applicable terms and conditions for a pollutant reside 

when there is more than one effective permit. 

In developing this proposal, DEQ consulted EPA to 

determine how combining permits could be restored while 

addressing their concerns. The Board with DEQ assistance 

developed language acceptable to EPA. Combining permits 

as proposed by the Board is now considered to be SIPapprovable by EPA. 

The proposal to allow the combination of multiple permit 

elements into a single NSR permit will be beneficial to the 

public in that there will be more effective and efficient 

issuance of NSR permits, which will contribute to the 

protection of health and welfare. The general public will also 

benefit from a clearer understanding of the permitting 

process, as well as a more transparent process. The regulated 

community will enjoy the same benefits in addition to the 

benefits of avoiding the time, dollars and confusion 

associated with unnecessary permitting. DEQ will benefit by 

avoiding unnecessary and duplicative permitting efforts that 

consume significant amounts of staff time, and will be better 

able to direct limited resources in a more effective and 

efficient manner. Compliance and enforcement activities will 

also benefit from focus on a single, comprehensive permit 

rather than many competing permits. There are no known cost 

increases due to the proposal. Therefore the proposal will 

produce net benefits. 

Businesses and Entities Affected. The proposed amendments 

affect any owner who constructs a new major stationary 

source of air pollutants or makes a major modification to any 

major stationary source, as well as DEQ. 

Localities Particularly Affected. The proposed amendments 

do not disproportionately affect particular localities. 

Projected Impact on Employment. Significantly reducing the 

amount of staff time required to handle permitting will reduce 

costs for firms, allowing them to be moderately more 

profitable. This may result in a small gain in employment in 

the long run. 

Effects on the Use and Value of Private Property. The 

proposal to allow the combination of multiple permit 

elements into a single NSR permit will reduce costs for firms 

that must obtain such permits. This will commensurately 

increase the value of such firms. 
Regulations 

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009 

3492 

Small Businesses: Costs and Other Effects. The proposal to 

allow the combination of multiple permit elements into a 

single NSR permit will reduce costs for small businesses that 

must obtain such permits. This will commensurately increase 

the value of such small businesses. 

Small Businesses: Alternative Method that Minimizes 

Adverse Impact. The proposed amendments do not produce 

adverse impact for small businesses. 

Real Estate Development Costs. The proposed amendments 

can potentially moderately reduce real estate development 

costs in some cases. 

Legal Mandate. The Department of Planning and Budget 

(DPB) has analyzed the economic impact of this proposed 

regulation in accordance with § 2.2-4007.04 of the 

Administrative Process Act and Executive Order Number 36 

(06). Section 2.2-4007.04 requires that such economic impact 

analyses include, but need not be limited to, the projected 

number of businesses or other entities to whom the regulation 

would apply, the identity of any localities and types of 

businesses or other entities particularly affected, the projected 

number of persons and employment positions to be affected, 

the projected costs to affected businesses or entities to 

implement or comply with the regulation, and the impact on 

the use and value of private property. Further, if the proposed 

regulation has adverse effect on small businesses, Section 

2.2-4007.04 requires that such economic impact analyses 

include (i) an identification and estimate of the number of 

small businesses subject to the regulation; (ii) the projected 

reporting, recordkeeping, and other administrative costs 

required for small businesses to comply with the regulation, 

including the type of professional skills necessary for 

preparing required reports and other documents; (iii) a 

statement of the probable effect of the regulation on affected 

small businesses; and (iv) a description of any less intrusive 

or less costly alternative methods of achieving the purpose of 

the regulation. The analysis presented above represents 

DPB’s best estimate of these economic impacts. 

Agency's Response to the Department of Planning and 

Budget's Economic Impact Analysis: The department has 

reviewed the economic impact analysis prepared by the 

Department of Planning and Budget and has no comment. 

Summary:

The existing regulations establish a new source review 

(NSR) permit program whereby owners of sources 

locating in prevention of significant deterioration (PSD) 

and nonattainment areas are required to obtain a permit 

prior to construction of a new major source or a major 

modification (physical or operational change) to an 

existing one. The regulations are being amended to:

1. Add provisions to allow the terms and conditions of 

the various elements of the NSR program to be combined 

into a single permit.

2. Revise the provisions that specify the NSR programs to 

be used for the issuance of PAL permits in order to limit 

the issuance of these permits via a state operating permit.

3. Update and restructure the provisions that provide 

certain exemptions related to the use of alternative fuels 

or raw materials to comply with recent amendments to 

§ 10.1-1322.4 of the Code of Virginia and to ensure no 

conflict with federal law or regulation.

9VAC5-80-1615. Definitions. 

A. As used in this article, all words or terms not defined 

herein shall have the meaning given them in 9VAC5-10 

(General Definitions), unless otherwise required by context. 

B. For the purpose of this article, 9VAC5-80-280 and 

applying this article in the context of the Regulations for the 

Control and Abatement of Air Pollution and related uses, the 

words or terms shall have the meaning given them in 

subsection C of this section: 

C. Terms defined. 

"Actual emissions" means the actual rate of emissions of a 

regulated NSR pollutant from an emissions unit, as 

determined in accordance with subdivisions a through c of 

this definition, except that this definition shall not apply for 

calculating whether a significant emissions increase has 

occurred, or for establishing a PAL under 9VAC5-80-1865. 

Instead, the definitions of "projected actual emissions" and 

"baseline actual emissions" shall apply for those purposes. 

a. In general, actual emissions as of a particular date shall 

equal the average rate, in tons per year, at which the unit 

actually emitted the pollutant during a consecutive 24-

month period that precedes the particular date and that is 

representative of normal source operation. The board will 

allow the use of a different time period upon a 

determination that it is more representative of normal 

source operation. Actual emissions shall be calculated 

using the unit's actual operating hours, production rates, 

and types of materials processed, stored, or combusted 

during the selected time period. 

b. The board may presume that source-specific allowable 

emissions for the unit are equivalent to the actual 

emissions of the unit. 

c. For any emissions unit that has not begun normal 

operations on the particular date, actual emissions shall 

equal the potential to emit of the unit on that date. 

"Actuals PAL for a major stationary source" means a PAL 

based on the baseline actual emissions of all emissions units 

at the source that emit or have the potential to emit the PAL 

pollutant. 

"Administrator" means the administrator of the U.S. 

Environmental Protection Agency (EPA) or an authorized 

representative. 
Regulations 

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009 

3493

"Adverse impact on visibility" means visibility impairment 

that interferes with the management, protection, preservation 

or enjoyment of the visitor's visual experience of the federal 

class I area. This determination shall be made on a case-bycase basis taking into account the geographic extent, 

intensity, duration, frequency and time of visibility 

impairment, and how these factors correlate with (i) times of 

visitor use of the federal class I areas, and (ii) the frequency 

and timing of natural conditions that reduce visibility. 

"Allowable emissions" means the emissions rate of a 

stationary source calculated using the maximum rated 

capacity of the source (unless the source is subject to 

federally and state enforceable limits that restrict the 

operating rate, or hours of operation, or both) and the most 

stringent of the following: 

a. The applicable standards as set forth in 40 CFR Parts 60, 

61, and 63; 

b. The applicable implementation plan emissions limitation 

including those with a future compliance date; or 

c. The emissions limit specified as a federally and state 

enforceable permit condition, including those with a future 

compliance date. 

For the purposes of actuals PALs, "allowable emissions" 

shall also be calculated considering any emission limitations 

that are enforceable as a practical matter on the emissions 

unit's potential to emit. 

"Applicable federal requirement" means all of, but not 

limited to, the following as they apply to emissions units in a 

source subject to this article (including requirements that have 

been promulgated or approved by the administrator through 

rulemaking at the time of permit issuance but have futureeffective compliance dates): 

a. Any standard or other requirement provided for in an 

implementation plan established pursuant to § 110 or 

§ 111(d) of the federal Clean Air Act, including any 

source-specific provisions such as consent agreements or 

orders. 

b. Any limit or condition in any construction permit issued 

under the new source review program or in any operating 

permit issued pursuant to the state operating permit 

program. 

c. Any emission standard, alternative emission standard, 

alternative emission limitation, equivalent emission 

limitation or other requirement established pursuant to 

§ 112 or § 129 of the federal Clean Air Act as amended in 

1990. 

d. Any new source performance standard or other 

requirement established pursuant to § 111 of the federal 

Clean Air Act, and any emission standard or other 

requirement established pursuant to § 112 of the federal 

Clean Air Act before it was amended in 1990. 

e. Any limitations and conditions or other requirement in a 

Virginia regulation or program that has been approved by 

EPA under subpart E of 40 CFR Part 63 for the purposes 

of implementing and enforcing § 112 of the federal Clean 

Air Act. 

f. Any requirement concerning accident prevention under 

§ 112(r)(7) of the federal Clean Air Act. 

g. Any compliance monitoring requirements established 

pursuant to either § 504(b) or § 114(a)(3) of the federal 

Clean Air Act. 

h. Any standard or other requirement for consumer and 

commercial products under § 183(e) of the federal Clean 

Air Act. 

i. Any standard or other requirement for tank vessels under 

§ 183(f) of the federal Clean Air Act. 

j. Any standard or other requirement in 40 CFR Part 55 to 

control air pollution from outer continental shelf sources. 

k. Any standard or other requirement of the regulations 

promulgated to protect stratospheric ozone under Title VI 

of the federal Clean Air Act unless the administrator has 

determined that such requirements need not be contained in 

a permit issued under this article. 

l. With regard to temporary sources subject to 9VAC5-80-

130, (i) any ambient air quality standard, except applicable 

state requirements, and (ii) requirements regarding 

increments or visibility as provided in this article. 

"Baseline actual emissions" means the rate of emissions, in 

tons per year, of a regulated NSR pollutant, as determined in 

accordance with the following: 

a. For any existing electric utility steam generating unit, 

baseline actual emissions means the average rate, in tons 

per year, at which the unit actually emitted the pollutant 

during any consecutive 24-month period selected by the 

owner within the five-year period immediately preceding 

when the owner begins actual construction of the project. 

The board will allow the use of a different time period 

upon a determination that it is more representative of 

normal source operation. 

(1) The average rate shall include fugitive emissions to 

the extent quantifiable, and emissions associated with 

startups, shutdowns, and malfunctions. 

(2) The average rate shall be adjusted downward to 

exclude any noncompliant emissions that occurred while 

the source was operating above any emission limitation 

that was legally enforceable during the consecutive 24-

month period. 
Regulations 

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009 

3494 

(3) For a regulated NSR pollutant, when a project 

involves multiple emissions units, only one consecutive 

24-month period shall be used to determine the baseline 

actual emissions for the emissions units being changed. 

The same consecutive 24-month period shall be used for 

each different regulated NSR pollutant unless the owner 

can demonstrate to the satisfaction of the board that a 

different consecutive 24-month period for a different 

pollutant or pollutants is more appropriate due to 

extenuating circumstances. 

(4) The average rate shall not be based on any 

consecutive 24-month period for which there is 

inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount 

if required by subdivision a (2) of this definition. 

b. For an existing emissions unit (other than an electric 

utility steam generating unit), baseline actual emissions 

means the average rate, in tons per year, at which the 

emissions unit actually emitted the pollutant during any 

consecutive 24-month period selected by the owner within 

the five-year period immediately preceding either the date 

the owner begins actual construction of the project, or the 

date a complete permit application is received by the board 

for a permit required under this article, whichever is 

earlier, except that the five-year period shall not include 

any period earlier than November 15, 1990. The board will 

allow the use of a different time period upon a 

determination that it is more representative of normal 

source operation. 

(1) The average rate shall include fugitive emissions to 

the extent quantifiable, and emissions associated with 

startups, shutdowns, and malfunctions. 

(2) The average rate shall be adjusted downward to 

exclude any noncompliant emissions that occurred while 

the source was operating above any emission limitation 

that was legally enforceable during the consecutive 24-

month period. 

(3) The average rate shall be adjusted downward to 

exclude any emissions that would have exceeded an 

emission limitation with which the major stationary 

source must currently comply, had such major stationary 

source been required to comply with such limitations 

during the consecutive 24-month period. However, if an 

emission limitation is part of a maximum achievable 

control technology standard that the administrator 

proposed or promulgated under 40 CFR Part 63, the 

baseline actual emissions need only be adjusted if the 

board has taken credit for such emissions reductions in 

an attainment demonstration or maintenance plan 

consistent with the requirements of 9VAC5-80-2120 K. 

(4) For a regulated NSR pollutant, when a project 

involves multiple emissions units, only one consecutive 

24-month period shall be used to determine the baseline 

actual emissions for all the emissions units being 

changed. The same consecutive 24-month period shall be 

used for each different regulated NSR pollutant unless 

the owner can demonstrate to the satisfaction of the 

board that a different consecutive 24-month period for a 

different pollutant or pollutants is more appropriate due 

to extenuating circumstances. 

(5) The average rate shall not be based on any 

consecutive 24-month period for which there is 

inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount 

if required by subdivisions b (2) and (3) of this 

definition. 

c. For a new emissions unit, the baseline actual emissions 

for purposes of determining the emissions increase that 

will result from the initial construction and operation of 

such unit shall equal zero; and thereafter, for all other 

purposes, shall equal the unit's potential to emit. 

d. For a PAL for a stationary source, the baseline actual 

emissions shall be calculated for existing electric utility 

steam generating units in accordance with the procedures 

contained in subdivision a of this definition, for other 

existing emissions units in accordance with the procedures 

contained in subdivision b of this definition, and for a new 

emissions unit in accordance with the procedures contained 

in subdivision c of this subsection. 

"Baseline area": 

a. Means any intrastate area (and every part thereof) 

designated as attainment or unclassifiable under 

§ 107(d)(1)(C) of the federal Clean Air Act in which the 

major source or major modification establishing the minor 

source baseline date would construct or would have an air 

quality impact equal to or greater than 1 μg/m3 (annual 

average) of the pollutant for which the minor source 

baseline date is established. 

b. Area redesignations under § 107(d)(3) of the federal 

Clean Air Act cannot intersect or be smaller than the area 

of impact of any major stationary source or major 

modification that: 

(1) Establishes a minor source baseline date; or 

(2) Is subject to this article or 40 CFR 52.21 and would 

be constructed in the same state as the state proposing the 

redesignation. 

c. Any baseline area established originally for the TSP 

increments shall remain in effect and shall apply for 

purposes of determining the amount of available PM10

increments, except that such baseline area shall not remain 

in effect if the board rescinds the corresponding minor 

source baseline date in accordance with subdivision d of 

the definition of "baseline date." 
Regulations 

Volume 25, Issue 20 Virginia Register of Regulations June 8, 2009 

3495

"Baseline concentration" 

a. Means that ambient concentration level that exists in the 

baseline area at the time of the applicable minor source 

baseline date. A baseline concentration is determined for 

each pollutant for which a minor source baseline date is 

established and shall include: 

(1) The actual emissions representative of sources in 

existence on the applicable minor source baseline date, 

except as provided in subdivision b of this definition; and 

(2) The allowable emissions of major stationary sources 

that commenced construction before the major source 

baseline date, but were not in operation by the applicable 

minor source baseline date. 

b. The following will not be included in the baseline 

concentration and will affect the applicable maximum 

allowable increase(s): 

(1) Actual emissions from any major stationary source on 

which construction commenced after the major source 

baseline date; and 

(2) Actual emissions increases and decreases at any 

stationary source occurring after the minor source 

baseline date. 

"Baseline date" 

a. "Major source baseline date" means: 

(1) In the case of particulate matter and sulfur dioxide, 

January 6, 1975; and 

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

b. "Minor source baseline date" means the earliest date 

after the trigger date on which a major stationary source or 

a major modification subject to this article submits a 

complete application under this article. The trigger date is: 

(1) In the case of particulate matter and sulfur dioxide, 

August 7, 1977; and 

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

c. The baseline date is established for each pollutant for 

which increments or other equivalent measures have been 

established if: 

(1) The area in which the proposed source or 

modification would construct is designated as attainment 

or unclassifiable under § 107(d)(1)(C) of the federal 

Clean Air Act for the pollutant on the date of its 

complete application under this article or 40 CFR 52.21; 

and 

(2) In the case of a major stationary source, the pollutant 

would be emitted in significant amounts, or, in the case 

of a major modification, there would be a significant net 

emissions increase of the pollutant. 

d. Any minor source baseline date established originally 

for the TSP increments shall remain in effect and shall 

apply for purposes of determining the amount of available 

PM10 increments, except that the board may rescind any 

such minor source baseline date where it can be shown, to 

the satisfaction of the board, that the emissions increase 

from the major stationary source, or the net emissions 

increase from the major modification, responsible for 

triggering that date did not result in a significant amount of 

PM10 emissions. 

"Begin actual construction" means, in general, initiation of 

physical on-site construction activities on an emissions unit 

that are of a permanent nature. Such activities include, but are 

not limited to, installation of building supports and 

foundations, laying of underground pipework, and 

construction of permanent storage structures. With respect to 

a change in method of operation, this term refers to those onsite activities other than preparatory activities that mark the 

initiation of the change. 

"Best available control technology" means an emissions 

limitation (including a visible emissions standard) based on 

the maximum degree of reduction for each regulated NSR 

pollutant that would be emitted from any proposed major 

stationary source or major modification that the board, on a 

case-by-case basis, taking into account energy, 

environmental, and economic impacts and other costs, 

determines is achievable for such source or modification 

through application of production processes or available 

methods, systems, and techniques, including fuel cleaning or 

treatment or innovative fuel combustion techniques for 

control of such pollutant. In no event shall application of best 

available control technology result in emissions of any 

pollutant that would exceed the emissions allowed by any 

applicable standard under 40 CFR Parts 60, 61, and 63. If the 

board determines that technological or economic limitations 

on the application of measurement methodology to a 

particular emissions unit would make the imposition of an 

emissions standard infeasible, a design, equipment, work 

practice, operational standard, or combination thereof, may be 

prescribed instead to satisfy the requirement for the 

application of best available control technology. Such 

standard shall, to the degree possible, set forth the emissions 

reduction achievable by implementation of such design, 

equipment, work practice or operation, and shall provide for 

compliance by means that achieve equivalent results. 

"Building, structure, facility or installation" means all of the 

pollutant-emitting activities that belong to the same industrial 

grouping, are located on one or more contiguous or adjacent 

properties, and are under the control of the same person (or 

persons under common control) except the activities of any 

vessel. Pollutant-emitting activities shall be considered as part 

of the same industrial grouping if they belong to the same 

"Major Group" (i.e., that have the same first two-digit code) 
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as described in the Standard Industrial Classification Manual 

(see 9VAC5-20-21). 

"Clean coal technology" means any technology, including 

technologies applied at the precombustion, combustion, or 

post combustion stage, at a new or existing facility that will 

achieve significant reductions in air emissions of sulfur 

dioxide or oxides of nitrogen associated with the utilization of 

coal in the generation of electricity, or process steam that was 

not in widespread use as of November 15, 1990. 

"Clean coal technology demonstration project" means a 

project using funds appropriated under the heading 

"Department of Energy-Clean Coal Technology," up to a total 

amount of $2,500,000,000 for commercial demonstration of 

clean coal technology, or similar projects funded through 

appropriations for EPA. The federal contribution for a 

qualifying project shall be at least 20% of the total cost of the 

demonstration project. 

"Commence" as applied to construction of a major 

stationary source or major modification, means that the owner 

has all necessary preconstruction approvals or permits and 

either has: 

a. Begun, or caused to begin, a continuous program of 

actual on-site construction of the source, to be completed 

within a reasonable time; or 

b. Entered into binding agreements or contractual 

obligations, that cannot be canceled or modified without 

substantial loss to the owner, to undertake a program of 

actual construction of the source, to be completed within a 

reasonable time. 

"Complete" means, in reference to an application for a 

permit, that the application contains all of the information 

necessary for processing the application and the provisions of 

§ 10.1-1321.1 of the Virginia Air Pollution Control Law have 

been met. Designating an application complete for the 

purposes of permit processing does not preclude the board 

from requesting or accepting any additional information. 

"Construction" means any physical change or change in the 

method of operation (including fabrication, erection, 

installation, demolition, or modification of an emissions unit) 

that would result in a change in emissions. 

"Continuous emissions monitoring system" or "CEMS" 

means all of the equipment that may be required to meet the 

data acquisition and availability requirements of this article, 

to sample, condition (if applicable), analyze, and provide a 

record of emissions on a continuous basis. 

"Continuous emissions rate monitoring system" or 

"CERMS" means the total equipment required for the 

determination and recording of the pollutant mass emissions 

rate (in terms of mass per unit of time). 

"Continuous parameter monitoring system" or "CPMS" 

means all of the equipment necessary to meet the data 

acquisition and availability requirements of this article, to 

monitor process and control device operational parameters 

(for example, control device secondary voltages and electric 

currents) and other information (for example, gas flow rate, 

O2 or CO2 concentrations), and to record average operational 

parameter value(s) on a continuous basis. 

"Electric utility steam generating unit" means any steam 

electric generating unit that is constructed for the purpose of 

supplying more than one-third of its potential electric output 

capacity and more than 25 MW electrical output to any utility 

power distribution system for sale. Any steam supplied to a 

steam distribution system for the purpose of providing steam 

to a steam-electric generator that would produce electrical 

energy for sale is also considered in determining the electrical 

energy output capacity of the affected facility. 

"Emissions unit" means any part of a stationary source that 

emits or would have the potential to emit any regulated NSR 

pollutant and includes an electric utility steam generating 

unit. For purposes of this definition, there are two types of 

emissions units: (i) a new emissions unit is any emissions unit 

that is (or will be) newly constructed and that has existed for 

less than two years from the date such emissions unit first 

operated; and (ii) an existing emissions unit is any emissions 

unit that is not a new emissions unit. 

"Enforceable as a practical matter" means that the permit 

contains emission limitations that are enforceable by the 

board or the department and meet the following criteria: 

a. Are permanent; 

b. Contain a legal obligation for the owner to adhere to the 

terms and conditions; 

c. Do not allow a relaxation of a requirement of the 

implementation plan; 

d. Are technically accurate and quantifiable; 

e. Include averaging times or other provisions that allow at 

least monthly (or a shorter period if necessary to be 

consistent with the implementation plan) checks on 

compliance. This may include, but not be limited to, the 

following: compliance with annual limits on a rolling 

basis, monthly or shorter limits, and other provisions 

consistent with this article and other regulations of the 

board; and 

f. Require a level of recordkeeping, reporting and 

monitoring sufficient to demonstrate compliance. 

"Federal land manager" means, with respect to any lands in 

the United States, the secretary of the department with 

authority over such lands. 

"Federally enforceable" means all limitations and conditions 

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

statutes administered by the administrator. Federally 

enforceable limitations and conditions include, but are not 

limited to, the following: 

a. Emission standards, alternative emission standards, 

alternative emission limitations, and equivalent emission 

limitations established pursuant to § 112 of the federal 

Clean Air Act as amended in 1990. 

b. New source performance standards established pursuant 

to § 111 of the federal Clean Air Act, and emission 

standards established pursuant to § 112 of the federal 

Clean Air Act before it was amended in 1990. 

c. All terms and conditions (unless expressly designated as 

not federally enforceable) in a federal operating permit, 

including any provisions that limit a source's potential to 

emit. 

d. Limitations and conditions that are part of an 

implementation plan established pursuant to § 110, 

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

e. Limitations and conditions (unless expressly designated 

as not federally enforceable) that are part of a federal 

construction permit issued under 40 CFR 52.21 or a new 

source review permit issued under regulations approved by 

the EPA into the implementation plan. 

f. Limitations and conditions (unless expressly designated 

as not federally enforceable) that are part of a state 

operating permit where the permit and the permit program 

pursuant to which it was issued meet all of the following 

criteria: 

(1) The operating permit program has been approved by 

the EPA into the implementation plan under § 110 of the 

federal Clean Air Act; 

(2) The operating permit program imposes a legal 

obligation that operating permit holders adhere to the 

terms and limitations of such permits and provides that 

permits that do not conform to the operating permit 

program requirements and the requirements of EPA's 

underlying regulations may be deemed not "federally 

enforceable" by EPA; 

(3) The operating permit program requires that all 

emission limitations, controls, and other requirements 

imposed by such permits will be at least as stringent as 

any other applicable limitations and requirements 

contained in the implementation plan or enforceable 

under the implementation plan, and that the program may 

not issue permits that waive, or make less stringent, any 

limitations or requirements contained in or issued 

pursuant to the implementation plan, or that are 

otherwise "federally enforceable"; 

(4) The limitations, controls, and requirements in the 

permit in question are permanent, quantifiable, and 

otherwise enforceable as a practical matter; and 

(5) The permit in question was issued only after adequate 

and timely notice and opportunity for comment by the 

EPA and the public. 

g. Limitations and conditions in a regulation of the board 

or program that has been approved by the EPA under 

subpart E of 40 CFR Part 63 for the purposes of 

implementing and enforcing § 112 of the federal Clean Air 

Act. 

h. Individual consent agreements that the EPA has legal 

authority to create. 

"Federal operating permit" means a permit issued under the 

federal operating permit program. 

"Federal operating permit program" means an operating 

permit system (i) for issuing terms and conditions for major 

stationary sources, (ii) established to implement the 

requirements of Title V of the federal Clean Air Act and 

associated regulations, and (iii) codified in Article 1 (9VAC5-

80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 

(9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et 

seq.) of this part. 

"Fugitive emissions" means those emissions that could not 

reasonably pass through a stack, chimney, vent, or other 

functionally equivalent opening. 

"High terrain" means any area having an elevation 900 feet 

or more above the base of the stack of a source. 

"Indian governing body" means the governing body of any 

tribe, band, or group of Indians subject to the jurisdiction of 

the United States and recognized by the United States as 

possessing power of self-government. 

"Indian reservation" means any federally recognized 

reservation established by treaty, agreement, executive order, 

or act of Congress. 

"Innovative control technology" means any system of air 

pollution control that has not been adequately demonstrated 

in practice, but would have substantial likelihood of 

achieving greater continuous emissions reduction than any 

control system in current practice or of achieving at least 

comparable reductions at lower cost in terms of energy, 

economics, or nonair quality environmental impacts. 

"Lowest achievable emission rate" or "LAER" is as defined 

in 9VAC5-80-2010 C. 

"Locality particularly affected" means any locality that bears 

any identified disproportionate material air quality impact that 

would not be experienced by other localities. 

"Low terrain" means any area other than high terrain. 
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"Major emissions unit" means (i) any emissions unit that 

emits or has the potential to emit 100 tons per year or more of 

the PAL pollutant in an attainment area; or (ii) any emissions 

unit that emits or has the potential to emit the PAL pollutant 

for nonattainment areas in an amount that is equal to or 

greater than the major source threshold for the PAL pollutant 

in subdivision a (1) of the definition of "major stationary 

source " in 9VAC5-80-2010 C. 

"Major modification" 

a. Means any physical change in or change in the method 

of operation of a major stationary source that would result 

in a significant emissions increase of a regulated NSR 

pollutant, and a significant net emissions increase of that 

pollutant from the major stationary source. 

b. Any significant emissions increase from any emissions 

units or net emissions increase at a major stationary source 

that is significant for volatile organic compounds or NOX

shall be considered significant for ozone. 

c. A physical change or change in the method of operation 

shall not include the following: 

(1) Routine maintenance, repair and replacement. 

(2) Use of an alternative fuel or raw material by reason of 

an order under § 2 (a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any 

superseding legislation) or by reason of a natural gas 

curtailment plant pursuant to the federal Power Act. 

(3) Use of an alternative fuel by reason of any order or 

rule under § 125 of the federal Clean Air Act. 

(4) Use of an alternative fuel at a steam generating unit to 

the extent that the fuel is generated from municipal solid 

waste. 

(5) Use of an alternative fuel or raw material by a 

stationary source that: 

(a) The source was capable of accommodating before 

January 6, 1975, unless such change would be prohibited 

under any federally and state enforceable permit 

condition that was established after January 6, 1975, 

pursuant to 40 CFR 52.21 or this chapter; or 

(b) The source is approved to use under any permit 

issued under 40 CFR 52.21 or this chapter; and. 

(c) The owner demonstrates to the board that as a result 

of trial burns at the source or other sources or other 

sufficient data that the emissions resulting from the use 

of the alternative fuel or raw material supply are 

decreased. 

(6) An increase in the hours of operation or in the 

production rate, unless such change is prohibited under 

any federally and state enforceable permit condition that 

was established after January 6, 1975, pursuant to 40 

CFR 52.21 or this chapter. 

(7) Any change in ownership at a stationary source. 

(8) The installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, 

provided that the project complies with: 

(a) The applicable implementation plan, and 

(b) Other requirements necessary to attain and maintain 

the ambient air quality standards during the project and 

after it is terminated. 

(9) The installation or operation of a permanent clean 

coal technology demonstration project that constitutes 

repowering, provided that the project does not result in 

an increase in the potential to emit of any regulated 

pollutant emitted by the unit. This exemption shall apply 

on a pollutant-by-pollutant basis. 

(10) The reactivation of a very clean coal-fired electric 

utility steam generating unit. 

d. This definition shall not apply with respect to a 

particular regulated NSR pollutant when the major 

stationary source is complying with the requirements under 

9VAC5-80-1865 for a PAL for that pollutant. Instead, the 

definition of "PAL major modification" shall apply. 

"Major new source review (NSR) permit" means a permit 

issued under the major new source review program. 

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

preconstruction review and permit program (i) for new major 

stationary sources or major modifications (physical changes 

or changes in the method of operation), (ii) established to 

implement the requirements of §§ 112, 165 and 173 of the 

federal Clean Air Act and associated regulations, and (iii) 

codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 

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

seq.) of this part. 

"Major stationary source" 

a. Means: 

(1) Any of the following stationary sources of air 

pollutants that emits, or has the potential to emit, 100 

tons per year or more of any regulated NSR pollutant: 

(a) Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input. 

(b) Coal cleaning plants (with thermal dryers). 

(c) Kraft pulp mills. 

(d) Portland cement plants. 

(e) Primary zinc smelters. 

(f) Iron and steel mill plants. 
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(g) Primary aluminum ore reduction plants. 

(h) Primary copper smelters. 

(i) Municipal incinerators capable of charging more than 

250 tons of refuse per day. 

(j) Hydrofluoric acid plants. 

(k) Sulfuric acid plants. 

(l) Nitric acid plants. 

(m) Petroleum refineries. 

(n) Lime plants. 

(o) Phosphate rock processing plants. 

(p) Coke oven batteries. 

(q) Sulfur recovery plants. 

(r) Carbon black plants (furnace process). 

(s) Primary lead smelters. 

(t) Fuel conversion plants. 

(u) Sintering plants. 

(v) Secondary metal production plants. 

(w) Chemical process plants. 

(x) Fossil fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat 

input. 

(y) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels. 

(z) Taconite ore processing plants. 

(aa) Glass fiber processing plants. 

(bb) Charcoal production plants. 

(2) Notwithstanding the stationary source size specified 

in subdivision a (1) of this definition, any stationary 

source that emits, or has the potential to emit, 250 tons 

per year or more of a regulated NSR pollutant; or 

(3) Any physical change that would occur at a stationary 

source not otherwise qualifying under subdivision a (1) 

or a (2) of this definition as a major stationary source, if 

the change would constitute a major stationary source by 

itself. 

b. A major stationary source that is major for volatile 

organic compounds or NOX shall be considered major for 

ozone. 

c. The fugitive emissions of a stationary source shall not be 

included in determining for any of the purposes of this 

article whether it is a major stationary source, unless the 

source belongs to one of the following categories of 

stationary sources: 

(1) Coal cleaning plants (with thermal dryers). 

(2) Kraft pulp mills. 

(3) Portland cement plants. 

(4) Primary zinc smelters. 

(5) Iron and steel mills. 

(6) Primary aluminum ore reduction plants. 

(7) Primary copper smelters. 

(8) Municipal incinerators capable of charging more than 

250 tons of refuse per day. 

(9) Hydrofluoric, sulfuric, or nitric acid plants. 

(10) Petroleum refineries. 

(11) Lime plants. 

(12) Phosphate rock processing plants. 

(13) Coke oven batteries. 

(14) Sulfur recovery plants. 

(15) Carbon black plants (furnace process). 

(16) Primary lead smelters. 

(17) Fuel conversion plants. 

(18) Sintering plants. 

(19) Secondary metal production plants. 

(20) Chemical process plants. 

(21) Fossil-fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat 

input. 

(22) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels. 

(23) Taconite ore processing plants. 

(24) Glass fiber processing plants. 

(25) Charcoal production plants. 

(26) Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input. 

(27) Any other stationary source category that, as of 

August 7, 1980, is being regulated under 40 CFR Parts 

60 and 61. 

"Minor new source review (NSR) permit" means a permit 

issued under the minor new source review program. 

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

preconstruction review and permit program (i) for new 
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stationary sources or modifications (physical changes or 

changes in the method of operation) which do not qualify for

that are not subject to review under the major new source 

review program, (ii) established to implement the 

requirements of §§ 110(a)(2)(C) and 112 of the federal Clean 

Air Act and associated regulations, and (iii) codified in 

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

"Necessary preconstruction approvals or permits" means 

those permits required under NSR programs that are part of 

the applicable implementation plan. 

"Net emissions increase" 

a. Means, with respect to any regulated NSR pollutant 

emitted by a major stationary source, the amount by which 

the sum of the following exceeds zero: 

(1) The increase in emissions from a particular physical 

change or change in the method of operation at a 

stationary source as calculated pursuant to 9VAC5-80-

1605 G; and 

(2) Any other increases and decreases in actual emissions 

at the major stationary source that are contemporaneous 

with the particular change and are otherwise creditable. 

Baseline actual emissions for calculating increases and 

decreases under this subdivision shall be determined as 

provided in the definition of "baseline actual emissions," 

except that subdivisions a (3) and b (4) of that definition 

shall not apply. 

b. An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular 

change only if it occurs between: 

(1) The date five years before construction on the 

particular change commences; and 

(2) The date that the increase from the particular change 

occurs. 

c. An increase or decrease in actual emissions is creditable 

only if (i) it occurs between the date five years before 

construction on the particular change commences and the 

date that the increase from the particular change occurs; 

and (ii) the board has not relied on it in issuing a permit for 

the source under this article (or the administrator under 40 

CFR 52.21), which permit is in effect when the increase in 

actual emissions from the particular change occurs. 

d. An increase or decrease in actual emissions of sulfur 

dioxide, particulate matter, or nitrogen oxides that occurs 

before the applicable minor source baseline date is 

creditable only if it is required to be considered in 

calculating the amount of maximum allowable increases 

remaining available. 

e. An increase in actual emissions is creditable only to the 

extent that the new level of actual emissions exceeds the 

old level. 

f. A decrease in actual emissions is creditable only to the 

extent that: 

(1) The old level of actual emissions or the old level of 

allowable emissions, whichever is lower, exceeds the 

new level of actual emissions; 

(2) It is enforceable as a practical matter at and after the 

time that actual construction on the particular change 

begins; 

(3) It has approximately the same qualitative significance 

for public health and welfare as that attributed to the 

increase from the particular change. 

g. An increase that results from a physical change at a 

source occurs when the emissions unit on which 

construction occurred becomes operational and begins to 

emit a particular pollutant. Any replacement unit that 

requires shakedown becomes operational only after a 

reasonable shakedown period, not to exceed 180 days. 

h. Subdivision a of the definition of "actual emissions" 

shall not apply for determining creditable increases and 

decreases. 

"New source review (NSR) permit" means a permit issued 

under the new source review program. 

"New source review (NSR) program" means a 

preconstruction review and permit program (i) for new 

stationary sources or modifications (physical changes or 

changes in the method of operation); (ii) established to 

implement the requirements of §§ 110(a)(2)(C), 112 (relating 

to permits for hazardous air pollutants), 165 (relating to 

permits in prevention of significant deterioration areas), and 

173 (relating to permits in nonattainment areas) of the federal 

Clean Air Act and associated regulations; and (iii) codified in 

Article 6 (9VAC5-80-1100 et seq.), Article 7 (9VAC5-80-

1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 

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

"Plantwide applicability limitation (PAL)" means an 

emission limitation expressed in tons per year, for a pollutant 

at a major stationary source, that is enforceable as a practical 

matter and established sourcewide in accordance with 

9VAC5-80-1865. 

"PAL effective date" generally means the date of issuance of 

the PAL permit. However, the PAL effective date for an 

increased PAL is the date any emissions unit that is part of 

the PAL major modification becomes operational and begins 

to emit the PAL pollutant. 

"PAL effective period" means the period beginning with the 

PAL effective date and ending five years later. 

"PAL major modification" means, notwithstanding the 

definitions for major modification and net emissions increase, 

any physical change in or change in the method of operation 
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of the PAL source that causes it to emit the PAL pollutant at a 

level equal to or greater than the PAL. 

"PAL permit" means the major NSR permit, the minor NSR 

permit, the state operating permit, or the federal operating 

permit issued by the board that establishes a PAL for a major 

stationary source. 

"PAL pollutant" means the pollutant for which a PAL is 

established at a major stationary source. 

"Potential to emit" means the maximum capacity of a 

stationary source to emit a pollutant under its physical and 

operational design. Any physical or operational limitation on 

the capacity of the source to emit a pollutant, including air 

pollution control equipment, and restrictions on hours of 

operation or on the type or amount of material combusted, 

stored, or processed, shall be treated as part of its design if the 

limitation or the effect it would have on emissions is federally 

and state enforceable. Secondary emissions do not count in 

determining the potential to emit of a stationary source. For 

the purposes of actuals PALs, any physical or operational 

limitation on the capacity of the source to emit a pollutant, 

including air pollution control equipment, and restrictions on 

hours of operation or on the type or amount of material 

combusted, stored, or processed, shall be treated as part of its 

design only if the limitation or the effect it would have on 

emissions is federally enforceable or enforceable as a 

practical matter by the state. 

"Predictive emissions monitoring system" or "PEMS" means 

all of the equipment necessary to monitor process and control 

device operational parameters (for example, control device 

secondary voltages and electric currents) and other 

information (for example, gas flow rate, O2 or CO2

concentrations), and calculate and record the mass emissions 

rate (for example, pounds per hour) on a continuous basis. 

"Project" means a physical change in, or change in the 

method of operation of, an existing major stationary source. 

"Projected actual emissions" means the maximum annual 

rate, in tons per year, at which an existing emissions unit is 

projected to emit a regulated NSR pollutant in any one of the 

five years (12-month period) following the date the unit 

resumes regular operation after the project, or in any one of 

the 10 years following that date, if the project involves 

increasing the emissions unit's design capacity or its potential 

to emit that regulated NSR pollutant and full utilization of the 

unit would result in a significant emissions increase or a 

significant net emissions increase at the major stationary 

source. In determining the projected actual emissions (before 

beginning actual construction), the owner of the major 

stationary source: 

a. Shall consider all relevant information, including but not 

limited to, historical operational data, the company's own 

representations, the company's expected business activity 

and the company's highest projections of business activity, 

the company's filings with the state or federal regulatory 

authorities, and compliance plans under the approved 

implementation plan; 

b. Shall include fugitive emissions to the extent 

quantifiable and emissions associated with startups, 

shutdowns, and malfunctions; and 

c. Shall exclude, in calculating any increase in emissions 

that results from the particular project, that portion of the 

unit's emissions following the project that an existing unit 

could have emitted during the consecutive 24-month 

period used to establish the baseline actual emissions and 

that are also unrelated to the particular project, including 

any increased utilization due to product demand growth, 

provided such exclusion shall not reduce any calculated 

increases in emissions that are caused by, result from, or 

are related to the particular project; or 

d. In lieu of using the method set out in subdivisions a 

through c of this definition, may elect to use the emissions 

unit's potential to emit, in tons per year. 

"Reactivation of a very clean coal-fired electric utility steam 

generating unit" means any physical change or change in the 

method of operation associated with the commencement of 

commercial operations by a coal-fired utility unit after a 

period of discontinued operation where the unit: 

a. Has not been in operation for the two-year period prior 

to the enactment of the federal Clean Air Act Amendments 

of 1990, and the emissions from such unit continue to be 

carried in the department's emissions inventory at the time 

of enactment; 

b. Was equipped prior to shut-down with a continuous 

system of emissions control that achieves a removal 

efficiency for sulfur dioxide of no less than 85% and a 

removal efficiency for particulates of no less than 98%; 

c. Is equipped with low-NOX burners prior to the time of 

commencement of operations following reactivation; and 

d. Is otherwise in compliance with the requirements of the 

federal Clean Air Act. 

"Reasonably available control technology" or "RACT" 

means the lowest emission limit that a particular source is 

capable of meeting by the application of control technology 

that is reasonably available, considering technological and 

economic feasibility. 

"Regulated NSR pollutant" means: 

a. Any pollutant for which an ambient air quality standard 

has been promulgated and any constituents or precursors 

for such pollutants identified by the administrator (e.g., 

volatile organic compounds and NOX are precursors for 

ozone); 
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b. Any pollutant that is subject to any standard 

promulgated under § 111 of the federal Clean Air Act; 

c. Any class I or II substance subject to a standard 

promulgated under or established by Title VI of the federal 

Clean Air Act; or 

d. Any pollutant that otherwise is subject to regulation 

under the federal Clean Air Act; except that any or all 

hazardous air pollutants either listed in § 112 of the federal 

Clean Air Act or added to the list pursuant to § 112(b)(2), 

which have not been delisted pursuant to § 112(b)(3), are 

not regulated NSR pollutants unless the listed hazardous 

air pollutant is also regulated as a constituent or precursor 

of a general pollutant listed under § 108 of the federal 

Clean Air Act. 

"Repowering" means: 

a. Replacement of an existing coal-fired boiler with one of 

the following clean coal technologies: atmospheric or 

pressurized fluidized bed combustion, integrated 

gasification combined cycle, magnetohydrodynamics, 

direct and indirect coal-fired turbines, integrated 

gasification fuel cells, or as determined by the 

administrator, in consultation with the Secretary of Energy, 

a derivative of one or more of these technologies, and any 

other technology capable of controlling multiple 

combustion emissions simultaneously with improved 

boiler or generation efficiency and with significantly 

greater waste reduction relative to the performance of 

technology in widespread commercial use as of November 

15, 1990. 

b. Repowering shall also include any oil and/or gas-fired 

unit which has been awarded clean coal technology 

demonstration funding as of January 1, 1991, by the 

Department of Energy. 

c. The board may give expedited consideration to permit 

applications for any source that satisfies the requirements 

of this definition and is granted an extension under § 409 

of the federal Clean Air Act. 

"Secondary emissions" means emissions that would occur as 

a result of the construction or operation of a major stationary 

source or major modification, but do not come from the major 

stationary source or major modification itself. For the purpose 

of this article, secondary emissions shall be specific, well 

defined, quantifiable, and affect the same general area as the 

stationary source or modification that causes the secondary 

emissions. Secondary emissions include emissions from any 

offsite support facility that would not be constructed or 

increase its emissions except as a result of the construction or 

operation of the major stationary source or major 

modification. Secondary emissions do not include any 

emissions that come directly from a mobile source, such as 

emissions from the tailpipe of a motor vehicle, from a train, 

or from a vessel. 

"Significant" means: 

a. In reference to a net emissions increase or the potential 

of a source to emit any of the following pollutants, a rate of 

emissions that would equal or exceed any of the following 

rates: 

 Pollutant Emissions Rate 

 Carbon Monoxide 100 tons per year (tpy) 

 Nitrogen Oxides 40 tpy 

 Sulfur Dioxide 40 tpy 

 Particulate Matter (TSP) 25 tpy 

 PM10 15 tpy 

 PM2.5 10 tpy 

 Ozone 40 tpy of volatile 

organic compounds or 

NOX

 Lead 0.6 tpy 

 Fluorides 3 tpy 

 Sulfuric Acid Mist 7 tpy 

 Hydrogen Sulfide (H2S) 10 tpy 

 Total Reduced Sulfur 

(including H2S) 

10 tpy 

 Reduced Sulfur 

Compounds (including 

H2S) 

10 tpy 

 Municipal waste 

combustor organics 

(measured as total tetrathrough octa-chlorinated 

dibenzo-p-dioxins and 

dibenzofurans) 

3.5 x 10-6 tpy 

 Municipal waste 

combustor metals 

(measured as particulate 

matter) 

15 tpy 

 Municipal waste 

combustor acid gases 

(measured as the sum of 

SO2 and HCl) 

40 tpy 

 Municipal solid waste 

landfills emissions 

(measured as nonmethane 

organic compounds) 

50 tpy 

b. In reference to a net emissions increase or the potential 

of a source to emit a regulated NSR pollutant that 
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subdivision a of this definition does not list, any emissions 

rate. 

c. Notwithstanding subdivision a of this definition, any 

emissions rate or any net emissions increase associated 

with a major stationary source or major modification that 

would construct within 10 kilometers of a class I area, and 

have an impact on such area equal to or greater than 1 

μg/m3 (24-hour average). 

"Significant emissions increase" means, for a regulated NSR 

pollutant, an increase in emissions that is significant for that 

pollutant. 

"Significant emissions unit" means an emissions unit that 

emits or has the potential to emit a PAL pollutant in an 

amount that is significant for that PAL pollutant, but less than 

the amount that would qualify the unit as a major emissions 

unit. 

"Small emissions unit" means an emissions unit that emits or 

has the potential to emit the PAL pollutant in an amount less 

than the significant level for that PAL pollutant. 

"State enforceable" means all limitations and conditions that 

are enforceable as a practical matter, including any regulation 

of the board, those requirements developed pursuant to 

9VAC5-170-160, requirements within any applicable order or 

variance, and any permit requirements established pursuant to 

this chapter. 

"State operating permit" means a permit issued under the 

state operating permit program. 

"State operating permit program" means an operating permit 

program (i) for issuing limitations and conditions for 

stationary sources; (ii) promulgated to meet the EPA's 

minimum criteria for federal enforceability, including 

adequate notice and opportunity for the EPA and public 

comment prior to issuance of the final permit, and practicable 

enforceability; and (iii) codified in Article 5 (9VAC5-80-800 

et seq.) of this part. 

"Stationary source" means any building, structure, facility, 

or installation that emits or may emit a regulated NSR 

pollutant. 

"Temporary clean coal technology demonstration project" 

means a clean coal technology demonstration project that is 

operated for a period of five years or less, and that complies 

with the applicable implementation plan and other 

requirements necessary to attain and maintain the ambient air 

quality standards during the project and after it is terminated. 

9VAC5-80-1625. General. 

A. No owner or other person shall begin actual construction 

of any new major stationary source or major modification 

without first obtaining from the board a permit to construct 

and operate such source. The permit will state that the major 

stationary source or major modification shall meet all the 

applicable requirements of this article. 

B. The requirements of this article apply to the construction 

of any new major stationary source or the major modification 

of any existing major stationary source, except as this article 

otherwise provides. 

C. No owner or other person shall relocate any emissions 

unit from one stationary source to another without first 

obtaining a permit from the board to relocate the unit. 

D. Prior to the decision of the board, all permit applications 

will be subject to a public comment period, a public hearing 

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

E. If the board and the owner make a mutual determination 

that it facilitates the efficient processing and issuing of 

permits for projects that are to be constructed concurrently, 

the board may combine the requirements of and the permits 

for emissions units within a stationary source subject to the 

major 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 major new source review program be 

combined into one application The board will take actions to 

combine permit terms and conditions as provided in 9VAC5-

80-1915. Actions to combine permit terms and conditions 

involve relocating the terms and conditions contained in two 

or more permits issued to single stationary source to a single 

permit document. Actions to combine permit terms and 

conditions in and of themselves are not a mechanism for 

making changes to permits; such actions shall be taken under 

9VAC5-80-1925 as explained in subsection F of this section. 

F. The board may not incorporate the terms and conditions 

of a state operating permit, a minor new source review 

permit, or a PAL permit into a permit issued pursuant to this 

article The board will take actions to make changes to permit 

terms and conditions as provided in 9VAC5-80-1925. 

Nothing in this subsection is intended to imply that once an 

action has been taken to make a change to a permit, the 

resulting permit change may not be combined with other 

terms and conditions in a single permit document as provided 

in subsection E of this section. 

G. All terms and conditions of any permit issued under this 

article shall be federally enforceable except 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 9VAC5-40 (Existing 

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

9VAC5 Chapter 50 9VAC5-50 (New and Modified 
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3504 

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

9VAC5 Chapter 60 9VAC5-60 (Hazardous Air Pollutant 

Sources), or Article 5 (9VAC5-60-300) of 9VAC5 Chapter 

60 9VAC5-60 (Hazardous Air Pollutant Sources). 

2. Any term or condition of any permit issued under this 

article that is not federally enforceable shall be marked in 

the permit as state-only enforceable and shall only be 

enforceable by the board. Incorrectly designating a term or 

condition as state-only enforceable shall not provide a 

shield from federal enforcement of a term or condition that 

is legally federally enforceable. 

H. Nothing in the regulations of the board shall be construed 

to prevent the board from granting permits for programs of 

construction or modification in planned incremental phases. 

In such cases, all net emissions increases from all emissions 

units covered by the program shall be added together for 

determining the applicability of this article. 

9VAC5-80-1695. Exemptions. 

A. The requirements of this article shall not apply to a 

particular major stationary source or major modification; if: 

1. The source or modification would be a major stationary 

source or major modification only if fugitive emissions, to 

the extent quantifiable, are considered in calculating the 

potential to emit of the stationary source or modification 

and the source does not belong to any of the following 

categories: 

a. Coal cleaning plants (with thermal dryers). 

b. Kraft pulp mills. 

c. Portland cement plants. 

d. Primary zinc smelters. 

e. Iron and steel mills. 

f. Primary aluminum ore reduction plants. 

g. Primary copper smelters. 

h. Municipal incinerators capable of charging more than 

250 tons of refuse per day. 

i. Hydrofluoric acid plants. 

j. Sulfuric acid plants. 

k. Nitric acid plants. 

l. Petroleum refineries. 

m. Lime plants. 

n. Phosphate rock processing plants. 

o. Coke oven batteries. 

p. Sulfur recovery plants. 

q. Carbon black plants (furnace process). 

r. Primary lead smelters. 

s. Fuel conversion plants. 

t. Sintering plants. 

u. Secondary metal production plants. 

v. Chemical process plants. 

w. Fossil-fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat 

input. 

x. Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels. 

y. Taconite ore processing plants. 

z. Glass fiber processing plants. 

aa. Charcoal production plants. 

bb. Fossil fuel-fired steam electric plants of more than 

250 million British thermal units per hour heat input. 

cc. Any other stationary source category which, as of 

August 7, 1980, is being regulated under 40 CFR Part 60 

or 61; or 

2. The source or modification is a portable stationary 

source that has previously received a permit under this 

article, and 

a. The owner proposes to relocate the source and 

emissions of the source at the new location would be 

temporary; 

b. The emissions from the source would not exceed its 

allowable emissions; 

c. The emissions from the source would affect no class I 

area and no area where an applicable increment is known 

to be violated; and 

d. Reasonable notice is given to the board prior to the 

relocation identifying the proposed new location and the 

probable duration of operation at the new location. Such 

notice shall be given to the board not less than 10 days in 

advance of the proposed relocation unless a different 

time duration is previously approved by the board. 

B. The requirements of this article shall not apply to a major 

stationary source or major modification with respect to a 

particular pollutant if the owner demonstrates that, as to that 

pollutant, the source or modification is located in an area 

designated as nonattainment in 9VAC5-20-204. 

C. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, 

and 9VAC5-80-1755 shall not apply to a major stationary 

source or major modification with respect to a particular 

pollutant, if the allowable emissions of that pollutant from the 

source, or the net emissions increase of that pollutant from the 

modification: 
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1. Would affect no class I area and no area where an 

applicable increment is known to be violated, and 

2. Would be temporary. 

D. The requirements of 9VAC5-80-1715, 9VAC5-80-1735, 

and 9VAC5-80-1755 as they relate to any maximum 

allowable increase for a class II area shall not apply to a 

major modification at a stationary source that was in 

existence on March 1, 1978, if the net increase in allowable 

emissions of each regulated NSR pollutant from the 

modification after the application of best available control 

technology would be less than 50 tons per year. 

E. The board may exempt a proposed major stationary 

source or major modification from the requirements of 

9VAC5-80-1735 with respect to monitoring for a particular 

pollutant if: 

1. The emissions increase of the pollutant from the new 

source or the net emissions increase of the pollutant from 

the modification would cause, in any area, air quality 

impacts less than the following amounts: 

Carbon monoxide -- 575 μg/m3

, 8-hour average 

Nitrogen dioxide -- 14 μg/m3

, annual average 

Particulate matter -- 10 μg/m3

 of PM10, 24-hour average 

Sulfur dioxide -- 13 μg/m3

, 24-hour average 

Ozone*

 

Lead -- 0.1 μg/m3

, 3-month average 

Fluorides -- 0.25 μg/m3

, 24-hour average 

Total reduced sulfur -- 10 μg/m3

, 1-hour average 

Hydrogen sulfide -- 0.2 μg/m3

, 1-hour average 

Reduced sulfur compounds -- 10 μg/m3

, 1-hour average; 

or 

*

No de minimis air quality level is provided for ozone. 

However, any net increase of 100 tons per year or more 

of volatile organic compounds or NOX subject to this 

article would be required to perform an ambient impact 

analysis including the gathering of ambient air quality 

data. 

2. The concentrations of the pollutant in the area that the 

source or modification would affect are less than the 

concentrations listed in subdivision 1 of this subsection, or 

the pollutant is not listed in subdivision 1 of this 

subsection. 

F. The requirements of this article shall not apply to a 

particular major stationary source with respect to the use of 

an alternative fuel or raw material if the following conditions 

are met:

1. The owner demonstrates to the board that, as a result of 

trial burns at the owner’s facility or other facilities or other 

sufficient data, the emissions resulting from the use of the 

alternative fuel or raw material supply are decreased. No 

demonstration will be required for the use of processed 

animal fat, processed fish oil, processed vegetable oil, 

distillate oil, or any mixture thereof in place of the same 

quantity of residual oil to fire industrial boilers.

2. The use of an alternative fuel or raw material would not 

be subject to review under this article as a major 

modification.

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

conditions.

A. General requirements for actions to combine permit 

terms and conditions are as follows:

1. Except as provided in subdivision 3 of this subsection, 

the board may take actions to combine permit terms and 

conditions as provided under subsections B through E of 

this section.

2. Requests to combine permit terms and conditions may 

be initiated by the permittee or by the board.

3. Under no circumstances may an action to combine 

permit terms and conditions be used for any of the 

following:

a. To combine the terms and conditions of (i) a federal 

operating permit, (ii) a PAL permit, or (iii) any permit 

that is or will be part of the implementation plan.

b. To take an action to issue a permit or change a permit 

for the fabrication, erection, installation, demolition, 

relocation, addition, replacement, or modification of an 

emissions unit that would result in a change in emissions 

that would otherwise (i) be subject to review under this 

article or (ii) require a permit or permit amendment under 

the new source review program.

c. To allow any stationary source or emissions unit to 

violate any federal requirement.

d. To take an action to issue a permit or change a permit 

for any physical change in or change in the method of 

operation of a major stationary source that is subject to 

the provisions in 9VAC5-80-1605 C (restrictions on 

relaxing enforceable emission limitations that the major 

stationary source used to avoid applicability of the major 

NSR program).

B. The board may take actions to combine the terms and 

conditions of state operating permits and new source review 

permits along with any changes to state operating permits and 

new source review permits.

C. If the board and the owner make a mutual determination 

that it facilitates improved compliance or the efficient 
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3506 

processing and issuing of permits, the board may take an 

action to combine the terms and conditions of permits for 

emissions units within a stationary source into one or more 

permits. Likewise the board may require that applications for 

permits for emissions units within a stationary source 

required by any permit program be combined into one 

application.

D. Actions to combine the terms and conditions of permits 

are subject to the following conditions:

1. Each term or condition in the combined permit shall be 

accompanied by a statement that specifies and references 

the origin (enabling permit program) of, along with the 

regulatory or any other authority for, the term or condition.

2. Each term or condition in the combined permit shall be 

accompanied by a statement that specifies the effective 

date of the term or condition.

3. Each term or condition in the combined permit shall be 

identified by its original designation (i.e., state-only 

enforceable or federally and state enforceable) consistent 

with the applicable enforceability designation of the term 

or condition in the contributing permit.

4. Except as provided in subsection E of this section, all 

terms and conditions in the contributing permits shall be 

included in the combined permit without change. The 

combined permit will supersede the contributing permits, 

which will no longer be effective.

E. Actions to make changes to permit terms and conditions 

as may be necessary to facilitate actions to combine permit 

terms and conditions may be accomplished in accordance 

with the minor amendment procedures (unless specified 

otherwise in this section) of the enabling permit program (i.e., 

the permit program that is the origin of the term or condition), 

subject to the following conditions:

1. Updates to regulatory or other authorities may be 

accomplished in accordance with the administrative 

amendment procedures of the enabling permit program.

2. If two or more terms or conditions apply to the same 

emissions unit or emissions units and are substantively 

equivalent, the more restrictive of the duplicate terms or 

conditions may be retained and the less restrictive one 

removed, subject to the provisions of subdivision 4 of this 

subsection.

3. If two or more similar terms or conditions apply to the 

same emissions unit or emissions units and one is 

substantively more restrictive than the others, the more 

restrictive of the terms or conditions shall be retained, 

regardless of whether the less restrictive terms or 

conditions are removed. If the less restrictive of the similar 

terms or conditions is removed, the provisions of 

subdivision 4 of this subsection apply.

4. The removal of similar terms or conditions from 

contributing permits is subject to the following conditions:

a. If any one of the terms or conditions removed is 

federally and state enforceable, the more restrictive term 

or condition that is retained in the combined permit shall 

be federally and state enforceable.

b. If any one of the terms or conditions originates in a 

permit subject to a major NSR program, that major NSR 

program shall become the effective enabling permit 

program for the more restrictive term or condition that is 

retained in the combined permit. If more than one major 

NSR program is the basis for a term or condition, all of 

the applicable major NSR programs shall be the enabling 

permit program for that term or condition.

c. The regulatory basis for all of the similar terms or 

conditions that are removed shall be included in the 

reference for the term or condition that is retained. 

9VAC5-80-1925. Changes to Actions to change permits. 

A. The general requirements for making actions to make

changes to permits issued under this article are as follows: 

1. Except as provided in subdivision 3 of this subsection 

changes to a permit issued under this article shall be made 

as specified under subsections B and C of this section and 

9VAC5-80-1935 through 9VAC5-80-1965. 

2. Changes to a permit issued under this article may be 

initiated by the permittee as specified in subsection B of 

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

this section. 

3. Changes to a permit issued under this article and 

incorporated into a permit issued under Article 1 (9VAC5-

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

part shall be made as specified in Article 1 (9VAC5-80-50 

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

4. Under no circumstances may a permit issued under this 

article be changed in order to (i) incorporate the terms and 

conditions necessary to implement any provision of the 

new source review program for a project that qualifies as a 

modification under the new source review program or (ii) 

incorporate the terms and conditions necessary to 

implement any provision of the new source review 

program for a PAL permit. 

B. The requirements for changes initiated by the permittee 

are as follows: 

1. The permittee may initiate a change to a permit by 

submitting a written request to the board for an 

administrative permit amendment, a minor permit 

amendment or a significant permit amendment. The 

requirements for these permit changes can be found in 

9VAC5-80-1935 through 9VAC5-80-1955. 
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2. A request for a change by a permittee shall include a 

statement of the reason for the proposed change. 

C. The board may initiate a change to a permit through the 

use of permit reopenings as specified in 9VAC5-80-1965. 

9VAC5-80-1935. Administrative permit amendments. 

A. Administrative permit amendments shall be required used

for and limited to the following: 

1. Correction of typographical or any other error, defect or 

irregularity which does not substantially affect the permit. 

2. Identification of a change in the name, address, or phone 

number of any person identified in the permit, or of a 

similar minor administrative change at the source. 

3. Change in ownership or operational control of a source 

where the board determines that no other change in the 

permit is necessary, provided that a written agreement 

containing a specific date for transfer of permit 

responsibility, coverage, and liability between the current 

and new permittee has been submitted to the board and the 

requirements of 9VAC5-80-2170 have been fulfilled. 

B. The administrative permit amendment procedures are as 

follows: 

1. The board will normally take final action on a request 

for an administrative permit amendment no more than 60 

days from receipt of the request. 

2. The board will incorporate the changes without 

providing notice to the public under 9VAC5-80-1775. 

However, any such permit revisions shall be designated in 

the permit amendment as having been made pursuant to 

this section. 

3. The owner may implement the changes addressed in the 

request for an administrative amendment immediately 

upon submittal of the request. 

9VAC5-80-1945. Minor permit amendments. 

A. Minor permit amendment procedures shall be used only 

for those permit amendments that meet all of the following 

criteria: 

1. Do not violate any applicable federal requirement. 

2. Do not involve significant changes to existing 

monitoring, reporting, or recordkeeping requirements that 

would make the permit requirements less stringent, such as 

a change to the method of monitoring to be used, a change 

to the method of demonstrating compliance or a relaxation 

of reporting or recordkeeping requirements. 

3. Do not require or change a case-by-case determination 

of an emission emissions limitation or other standard

requirement. 

4. Do not seek to establish or change a permit term or 

condition (i) for which there is no corresponding 

underlying applicable regulatory requirement and (ii) that 

the source has assumed to avoid an applicable regulatory 

requirement to which the source would otherwise be 

subject. Such terms and conditions include, but are not 

limited to, an emissions cap assumed to avoid 

classification as a modification under the new source 

review program. 

5. Are not required to be processed as a significant 

amendment under 9VAC5-80-1955; or as an administrative 

permit amendment under 9VAC5-80-1935. 

B. Notwithstanding subsection A of this section, minor 

permit amendment procedures may be used for permit 

amendments that meet any of the following criteria: 

1. Involve the use of economic incentives, emissions 

trading, and other similar approaches, to the extent that 

such minor permit amendment procedures are explicitly 

provided for in a regulation of the board or a federallyapproved program. 

2. Require new or more frequent monitoring or reporting 

by the permittee. 

3. Designate any term or permit condition that meets the 

criteria in 9VAC5-80-1625 G 1 as state-only enforceable 

as provided in 9VAC5-80-1625 G 2 for any permit issued 

under this article or any regulation from which this article 

is derived. 

C. Minor permit amendment procedures may be used for 

permit amendments involving the rescission of a provision of 

a permit if the board and the owner make a mutual 

determination that the provision is rescinded because all of 

the underlying statutory or regulatory requirements (i) upon 

which the provision is based or (ii) that necessitated inclusion 

of the provision are no longer applicable. In order for the 

underlying statutory or regulatory requirements to be 

considered no longer applicable, the provision of the permit 

that is being rescinded must not cover a regulated NSR 

pollutant. 

D. A request for the use of minor permit amendment 

procedures shall include all of the following: 1. A 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, along with a request that 

such procedures be used. The applicant may, at the 

applicant’s discretion, include a suggested proposed permit 

amendment.

E. The public participation requirements of 9VAC5-80-1775 

shall not extend to minor permit amendments. 

F. Normally within 90 days of receipt by the board of a 

complete request under minor permit amendment procedures, 

the board will do one of the following: 
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1. Issue the permit amendment as proposed. 

2. Deny the permit amendment request. 

3. Determine that the requested amendment does not meet 

the minor permit amendment criteria and should be 

reviewed under the significant amendment procedures. 

G. The requirements for making changes are as follows: 

1. The owner may make the change proposed in the minor 

permit amendment request immediately after the request is 

filed. 

2. After the change under subdivision 1 of this subsection 

is made, and until the board takes any of the actions 

specified in subsection F of this section, the source shall 

comply with both the applicable regulatory requirements 

governing the change and the proposed permit terms and 

conditions amendment. 

3. During the time period specified in subdivision 2 of this 

subsection, the owner need not comply with the existing 

permit terms and conditions the owner seeks to modify if 

the applicant has submitted a proposed permit amendment. 

However, if the owner fails to comply with the proposed 

permit terms and conditions during this time period, the 

existing permit terms and conditions the owner seeks to 

modify may be enforced against the owner. 

9VAC5-80-1955. Significant amendment procedures. 

A. The criteria for use of significant amendment procedures 

are as follows: 

1. Significant amendment procedures shall be used for 

requesting permit amendments that do not qualify as minor 

permit amendments under 9VAC5-80-1945 or as 

administrative amendments under 9VAC5-80-1935. 

2. Significant amendment procedures shall be used for 

those permit amendments that meet any of the following 

criteria: 

a. Involve significant changes to existing monitoring, 

reporting, or recordkeeping requirements that would 

make the permit requirements less stringent, such as a 

change to the method of monitoring to be used, a change 

to the method of demonstrating compliance or a 

relaxation of reporting or recordkeeping requirements. 

b. Require or change a case-by-case determination of an 

emission emissions limitation or other standard

requirement. 

c. Seek to establish or change a permit term or condition 

(i) for which there is no corresponding underlying 

applicable regulatory requirement and (ii) that the source 

has assumed to avoid an applicable regulatory 

requirement to which the source would otherwise be 

subject. Such terms and conditions include, but are not 

limited to, an emissions cap assumed to avoid 

classification as a modification under the new source 

review program. 

B. A request for a significant permit amendment shall 

include a description of the change, the emissions resulting 

from the change, and any new applicable regulatory 

requirements that will apply if the change occurs. The 

applicant may, at the applicant's discretion, include a 

suggested draft permit amendment. 

C. The provisions of 9VAC5-80-1775 shall apply to 

requests made under this section. 

D. The board will normally take final action on significant 

permit amendments within 180 days after receipt of a 

complete request, except in cases where direct consideration 

of the request by the board is granted pursuant to 9VAC5-80-

25. The board may extend this time period if additional 

information is 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. 

9VAC5-80-1965. Reopening for cause. 

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

following situations: 

1. Additional regulatory requirements become applicable 

to the emissions units covered by the permit after a permit 

is issued but prior to commencement of construction. 

2. The board determines that the permit contains a material 

mistake or that inaccurate statements were made in 

establishing the emissions standards or other terms or 

conditions of the permit. 

3. The board determines that the permit must be amended 

to assure compliance with the applicable regulatory 

requirements or that the terms and conditions of the permit 

are not sufficient to meet all of the standards and

requirements contained in this article. 

B. Proceedings to reopen and reissue a permit shall follow 

the same procedures as apply to initial permit issuance and 

shall affect only those parts of the permit for which cause to 

reopen exists. Such reopening shall be made as expeditiously 

as practicable. 

C. Reopenings shall not be initiated before a notice of such 

intent is provided to the source by the board at least 30 days 

in advance of the date that the permit is to be reopened, 

except that the board may provide a shorter time period in the 

case of an emergency. 

9VAC5-80-2010. Definitions. 

A. As used in this article, all words or terms not defined here 

shall have the meanings given them in 9VAC5 Chapter 10 

(9VAC5-10) 9VAC5-10 (General Definitions), unless 

otherwise required by context. 
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B. For the purpose of this article, 9VAC5-50-270 and any 

related use, the words or terms shall have the meanings given 

them in subsection C of this section. 

C. Terms defined. 

"Actual emissions" means the actual rate of emissions of a 

regulated NSR pollutant from an emissions unit, as 

determined in accordance with subdivisions a through c of 

this definition, except that this definition shall not apply for 

calculating whether a significant emissions increase has 

occurred, or for establishing a PAL under 9VAC5-80-2144. 

Instead, the definitions of "projected actual emissions" and 

"baseline actual emissions" shall apply for those purposes. 

a. In general, actual emissions as of a particular date shall 

equal the average rate, in tons per year, at which the unit 

actually emitted the pollutant during a consecutive 24-

month period which precedes the particular date and which 

is representative of normal source operation. The board 

will allow the use of a different time period upon a 

determination that it is more representative of normal 

source operation. Actual emissions shall be calculated 

using the unit's actual operating hours, production rates, 

and types of materials processed, stored, or combusted 

during the selected time period. 

b. The board may presume that the source-specific 

allowable emissions for the unit are equivalent to the actual 

emissions of the unit. 

c. For any emissions unit that has not begun normal 

operations on the particular date, actual emissions shall 

equal the potential to emit of the unit on that date. 

"Actuals PAL for a major stationary source" means a PAL 

based on the baseline actual emissions of all emissions units 

at the source, that emit or have the potential to emit the PAL 

pollutant. 

"Administrator" means the administrator of the U.S. 

Environmental Protection Agency (EPA) or an authorized 

representative. 

"Allowable emissions" means the emissions rate of a 

stationary source calculated using the maximum rated 

capacity of the source (unless the source is subject to 

federally and state enforceable limits which restrict the 

operating rate, or hours of operation, or both) and the most 

stringent of the following: 

a. The applicable standards set forth in 40 CFR Parts 60, 

61 and 63; 

b. Any applicable implementation plan emissions 

limitation including those with a future compliance date; or 

c. The emissions limit specified as a federally and state 

enforceable permit condition, including those with a future 

compliance date. 

For the purposes of actuals PALs, "allowable emissions" 

shall also be calculated considering any emission limitations 

that are enforceable as a practical matter on the emissions 

unit's potential to emit. 

"Applicable federal requirement" means all of, but not 

limited to, the following as they apply to emissions units in a 

source subject to this article (including requirements that have 

been promulgated or approved by the administrator through 

rulemaking at the time of permit issuance but have futureeffective compliance dates): 

a. Any standard or other requirement provided for in an 

implementation plan established pursuant to § 110 or 

§ 111(d) of the federal Clean Air Act, including any 

source-specific provisions such as consent agreements or 

orders. 

b. Any limit or condition in any construction permit issued 

under the new source review program or in any operating 

permit issued pursuant to the state operating permit 

program. 

c. Any emission standard, alternative emission standard, 

alternative emission limitation, equivalent emission 

limitation or other requirement established pursuant to 

§ 112 or § 129 of the federal Clean Air Act as amended in 

1990. 

d. Any new source performance standard or other 

requirement established pursuant to § 111 of the federal 

Clean Air Act, and any emission standard or other 

requirement established pursuant to § 112 of the federal 

Clean Air Act before it was amended in 1990. 

e. Any limitations and conditions or other requirement in a 

Virginia regulation or program that has been approved by 

EPA under subpart E of 40 CFR Part 63 for the purposes 

of implementing and enforcing § 112 of the federal Clean 

Air Act. 

f. Any requirement concerning accident prevention under 

§ 112(r)(7) of the federal Clean Air Act. 

g. Any compliance monitoring requirements established 

pursuant to either § 504(b) or § 114(a)(3) of the federal 

Clean Air Act. 

h. Any standard or other requirement for consumer and 

commercial products under § 183(e) of the federal Clean 

Air Act. 

i. Any standard or other requirement for tank vessels under 

§ 183(f) of the federal Clean Air Act. 

j. Any standard or other requirement in 40 CFR Part 55 to 

control air pollution from outer continental shelf sources. 

k. Any standard or other requirement of the regulations 

promulgated to protect stratospheric ozone under Title VI 

of the federal Clean Air Act, unless the administrator has 
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determined that such requirements need not be contained in 

a permit issued under this article. 

l. With regard to temporary sources subject to 9VAC5-80-

130, (i) any ambient air quality standard, except applicable 

state requirements, and (ii) requirements regarding 

increments or visibility as provided in Article 8 (9VAC5-

80-1605 et seq.) of this part. 

"Baseline actual emissions" means the rate of emissions, in 

tons per year, of a regulated NSR pollutant, as determined in 

accordance with the following: 

a. For any existing electric utility steam generating unit, 

baseline actual emissions means the average rate, in tons 

per year, at which the unit actually emitted the pollutant 

during any consecutive 24-month period selected by the 

owner within the five-year period immediately preceding 

when the owner begins actual construction of the project. 

The board may allow the use of a different time period 

upon a determination that it is more representative of 

normal source operation. 

(1) The average rate shall include fugitive emissions to 

the extent quantifiable, and emissions associated with 

startups, shutdowns, and malfunctions. 

(2) The average rate shall be adjusted downward to 

exclude any noncompliant emissions that occurred while 

the source was operating above any emission limitation 

that was legally enforceable during the consecutive 24-

month period. 

(3) For a regulated NSR pollutant, when a project 

involves multiple emissions units, only one consecutive 

24-month period shall be used to determine the baseline 

actual emissions for the emissions units being changed. 

The same consecutive 24-month period shall be used for 

each different regulated NSR pollutant unless the owner 

can demonstrate to the satisfaction of the board that a 

different consecutive 24-month period for a different 

pollutant or pollutants is more appropriate due to 

extenuating circumstances. 

(4) The average rate shall not be based on any 

consecutive 24-month period for which there is 

inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount 

if required by subdivision a (2) of this definition. 

b. For an existing emissions unit other than an electric 

utility steam generating unit, baseline actual emissions 

means the average rate, in tons per year, at which the 

emissions unit actually emitted the pollutant during any 

consecutive 24-month period selected by the owner within 

the five-year period immediately preceding either the date 

the owner begins actual construction of the project, or the 

date a complete permit application is received by the board 

for a permit required either under this section or under a 

plan approved by the administrator, whichever is earlier, 

except that the five-year period shall not include any 

period earlier than November 15, 1990. The board will 

allow the use of a different time period upon a 

determination that it is more representative of normal 

source operation. 

(1) The average rate shall include fugitive emissions to 

the extent quantifiable, and emissions associated with 

startups, shutdowns, and malfunctions. 

(2) The average rate shall be adjusted downward to 

exclude any noncompliant emissions that occurred while 

the source was operating above any emission limitation 

that was legally enforceable during the consecutive 24-

month period. 

(3) The average rate shall be adjusted downward to 

exclude any emissions that would have exceeded an 

emission limitation with which the source shall currently 

comply, had such source been required to comply with 

such limitations during the consecutive 24-month period. 

However, if an emission limitation is part of a maximum 

achievable control technology standard that the 

administrator proposed or promulgated under 40 CFR 

Part 63, the baseline actual emissions need only be 

adjusted if the state has taken credit for such emissions 

reductions in an attainment demonstration or 

maintenance plan consistent with the requirements of 

9VAC5-80-2120 K. 

(4) For a regulated NSR pollutant, when a project 

involves multiple emissions units, only one consecutive 

24-month period shall be used to determine the baseline 

actual emissions for the emissions units being changed. 

The same consecutive 24-month period shall be used for 

each different regulated NSR pollutant unless the owner 

can demonstrate to the satisfaction of the board that a 

different consecutive 24-month period for a different 

pollutant or pollutants is more appropriate due to 

extenuating circumstances. 

(5) The average rate shall not be based on any 

consecutive 24-month period for which there is 

inadequate information for determining annual 

emissions, in tons per year, and for adjusting this amount 

if required by subdivisions b (2) and b (3) of this 

definition. 

c. For a new emissions unit, the baseline actual emissions 

for purposes of determining the emissions increase that 

will result from the initial construction and operation of 

such unit shall equal zero; and thereafter, for all other 

purposes, shall equal the unit's potential to emit. 

d. For a PAL for a major stationary source, the baseline 

actual emissions shall be calculated for existing electric 

utility steam generating units in accordance with the 

procedures contained in subdivision a of this definition, for 
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other existing emissions units in accordance with the 

procedures contained in subdivision b of this definition, 

and for a new emissions unit in accordance with the 

procedures contained in subdivision c of this definition. 

"Begin actual construction" means, in general, initiation of 

physical on-site construction activities on an emissions unit 

which are of a permanent nature. Such activities include, but 

are not limited to, installation of building supports and 

foundations, laying of underground pipework, and 

construction of permanent storage structures. With respect to 

a change in method of operation, this term refers to those onsite activities other than preparatory activities which mark the 

initiation of the change. 

"Best available control technology" means an emissions 

limitation (including a visible emissions standard) based on 

the maximum degree of reduction for each regulated NSR 

pollutant that would be emitted from any proposed major 

stationary source or major modification that the board, on a 

case-by-case basis, taking into account energy, 

environmental, and economic impacts and other costs, 

determines is achievable for such source or modification 

through application of production processes or available 

methods, systems, and techniques, including fuel cleaning or 

treatment or innovative fuel combustion techniques for 

control of such pollutant. In no event shall application of best 

available control technology result in emissions of any 

pollutant that would exceed the emissions allowed by any 

applicable standard under 40 CFR Parts 60, 61, and 63. If the 

board determines that technological or economic limitations 

on the application of measurement methodology to a 

particular emissions unit would make the imposition of an 

emissions standard infeasible, a design, equipment, work 

practice, operational standard, or combination thereof, may be 

prescribed instead to satisfy the requirement for the 

application of best available control technology. Such 

standard shall, to the degree possible, set forth the emissions 

reduction achievable by implementation of such design, 

equipment, work practice or operation, and shall provide for 

compliance by means that achieve equivalent results. 

"Building, structure, facility, or installation" means all of the 

pollutant-emitting activities 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 vessel. 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). 

"Clean coal technology" means any technology, including 

technologies applied at the precombustion, combustion, or 

post-combustion stage, at a new or existing facility that will 

achieve significant reductions in air emissions of sulfur 

dioxide or nitrogen oxides associated with the utilization of 

coal in the generation of electricity, or process steam that was 

not in widespread use as of November 15, 1990. 

"Clean coal technology demonstration project" means a 

project using funds appropriated under the heading 

"Department of Energy-Clean Coal Technology," up to a total 

amount of $2,500,000,000 for commercial demonstration of 

clean coal technology, or similar projects funded through 

appropriations for the U.S. EPA. The federal contribution for 

a qualifying project shall be at least 20% of the total cost of 

the demonstration project. 

"Commence," as applied to construction of a major 

stationary source or major modification, means that the owner 

has all necessary preconstruction approvals or permits and 

either has: 

a. Begun, or caused to begin, a continuous program of 

actual on-site construction of the source, to be completed 

within a reasonable time; or 

b. Entered into binding agreements or contractual 

obligations, which cannot be canceled or modified without 

substantial loss to the owner, to undertake a program of 

actual construction of the source, to be completed within a 

reasonable time. 

"Complete application" means that the application contains 

all the information necessary for processing the application 

and the provisions of § 10.1-1321.1 of the Virginia Air 

Pollution Control Law have been met. Designating an 

application complete for purposes of permit processing does 

not preclude the board from requesting or accepting 

additional information. 

"Construction" means any physical change or change in the 

method of operation (including fabrication, erection, 

installation, demolition, or modification of an emissions unit) 

that would result in a change in actual emissions. 

"Continuous emissions monitoring system (CEMS)" means 

all of the equipment that may be required to meet the data 

acquisition and availability requirements of this section, to 

sample, condition (if applicable), analyze, and provide a 

record of emissions on a continuous basis. 

"Continuous emissions rate monitoring system (CERMS)" 

means the total equipment required for the determination and 

recording of the pollutant mass emissions rate (in terms of 

mass per unit of time). 

"Continuous parameter monitoring system (CPMS)" means 

all of the equipment necessary to meet the data acquisition 

and availability requirements of this section, to monitor 

process and control device operational parameters (for 

example, control device secondary voltages and electric 

currents) and other information (for example, gas flow rate, 
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O2 or CO2 concentrations), and to record average operational 

parameter values on a continuous basis. 

"Electric utility steam generating unit" means any steam 

electric generating unit that is constructed for the purpose of 

supplying more than one-third of its potential electric output 

capacity and more than 25 megawatt electrical output to any 

utility power distribution system for sale. Any steam supplied 

to a steam distribution system for the purpose of providing 

steam to a steam-electric generator that would produce 

electrical energy for sale is also considered in determining the 

electrical energy output capacity of the affected facility. 

"Emissions 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 

NSR pollutant and includes an electric steam generating unit. 

For purposes of this article, there are two types of emissions 

units: (i) a new emissions unit is any emissions unit that is (or 

will be) newly constructed and that has existed for less than 

two years from the date such emissions unit first operated; 

and (ii) an existing emissions unit is any emissions unit that is 

not a new emissions unit. 

"Enforceable as a practical matter" means that the permit 

contains emission limitations that are enforceable by the 

board or the department and meet the following criteria: 

a. Are permanent; 

b. Contain a legal obligation for the owner to adhere to the 

terms and conditions; 

c. Do not allow a relaxation of a requirement of the 

implementation plan; 

d. Are technically accurate and quantifiable; 

e. Include averaging times or other provisions that allow at 

least monthly (or a shorter period if necessary to be 

consistent with the implementation plan) checks on 

compliance. This may include, but not be limited to, the 

following: compliance with annual limits in a rolling basis, 

monthly or shorter limits, and other provisions consistent 

with this article and other regulations of the board; and 

f. Require a level of recordkeeping, reporting and 

monitoring sufficient to demonstrate compliance. 

"Federal land manager" means, with respect to any lands in 

the United States, the secretary of the department with 

authority over such lands. 

"Federally enforceable" means all limitations and conditions 

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: 

a. Emission standards, alternative emission standards, 

alternative emission limitations, and equivalent emission 

limitations established pursuant to § 112 of the federal 

Clean Air Act as amended in 1990. 

b. New source performance standards established pursuant 

to § 111 of the federal Clean Air Act, and emission 

standards established pursuant to § 112 of the federal 

Clean Air Act before it was amended in 1990. 

c. All terms and conditions (unless expressly designated as 

not federally enforceable) in a federal operating permit, 

including any provisions that limit a source's potential to 

emit. 

d. Limitations and conditions that are part of an 

implementation plan established pursuant to § 110, 

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

e. Limitations and conditions (unless expressly designated 

as not federally enforceable) that are part of a federal 

construction permit issued under 40 CFR 52.21 or any 

construction permit issued under regulations approved by 

EPA into the implementation plan. 

f. Limitations and conditions (unless expressly designated 

as not federally enforceable) that are part of a state 

operating permit where the permit and the permit program 

pursuant to which it was issued meet all of the following 

criteria: 

(1) The operating permit program has been approved by 

the EPA into the implementation plan under § 110 of the 

federal Clean Air Act. 

(2) The operating permit program imposes a legal 

obligation that operating permit holders adhere to the 

terms and limitations of such permits and provides that 

permits that do not conform to the operating permit 

program requirements and the requirements of EPA's 

underlying regulations may be deemed not "federally 

enforceable" by EPA. 

(3) The operating permit program requires that all 

emission limitations, controls, and other requirements 

imposed by such permits will be at least as stringent as 

any other applicable limitations and requirements 

contained in the implementation plan or enforceable 

under the implementation plan, and that the program may 

not issue permits that waive, or make less stringent, any 

limitations or requirements contained in or issued 

pursuant to the implementation plan, or that are 

otherwise "federally enforceable." 
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(4) The limitations, controls, and requirements in the 

permit in question are permanent, quantifiable, and 

otherwise enforceable as a practical matter. 

(5) The permit in question was issued only after adequate 

and timely notice and opportunity for comment by the 

EPA and the public. 

g. Limitations and conditions in a regulation of the board 

or program that has been approved by EPA under subpart 

E of 40 CFR Part 63 for the purposes of implementing and 

enforcing § 112 of the federal Clean Air Act. 

h. Individual consent agreements that EPA has legal 

authority to create. 

"Federal operating permit" means a permit issued under the 

federal operating permit program. 

"Federal operating permit program" means an operating 

permit system (i) for issuing terms and conditions for major 

stationary sources, (ii) established to implement the 

requirements of Title V of the federal Clean Air Act and 

associated regulations, and (iii) codified in Article 1 (9VAC5-

80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3 

(9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et 

seq.) of this part. 

"Fugitive emissions" means those emissions that could not 

reasonably pass through a stack, chimney, vent, or other 

functionally equivalent opening. 

"Lowest achievable emissions rate (LAER)" means for any 

source, the more stringent rate of emissions based on the 

following: 

a. The most stringent emissions limitation which is 

contained in the implementation plan of any state for such 

class or category of stationary source, unless the owner of 

the proposed stationary source demonstrates that such 

limitations are not achievable; or 

b. The most stringent emissions limitation which is 

achieved in practice by such class or category of stationary 

sources. This limitation, when applied to a modification, 

means the lowest achievable emissions rate for the new or 

modified emissions units within the stationary source. In 

no event shall the application of this term permit a 

proposed new or modified stationary source to emit any 

pollutant in excess of the amount allowable under an 

applicable new source standard of performance. 

"Major emissions unit" means (i) any emissions unit that 

emits or has the potential to emit 100 tons per year or more of 

the PAL pollutant in an attainment area; or (ii) any emissions 

unit that emits or has the potential to emit the PAL pollutant 

in an amount that is equal to or greater than the major source 

threshold for the PAL pollutant for nonattainment areas in 

subdivision a (1) of the definition of "major stationary 

source." 

"Major modification" 

a. Means any physical change in or change in the method 

of operation of a major stationary source that would result 

in (i) a significant emissions increase of a regulated NSR 

pollutant; and (ii) a significant net emissions increase of 

that pollutant from the source. 

b. Any significant emissions increase from any emissions 

units or net emissions increase at a source that is 

considered significant for volatile organic compounds shall 

be considered significant for ozone. 

c. A physical change or change in the method of operation 

shall not include the following: 

(1) Routine maintenance, repair and replacement. 

(2) Use of an alternative fuel or raw material by reason of 

an order under § 2 (a) and (b) of the Energy Supply and 

Environmental Coordination Act of 1974 (or any 

superseding legislation) or by reason of a natural gas 

curtailment plan pursuant to the Federal Power Act. 

(3) Use of an alternative fuel by reason of an order or 

rule § 125 of the federal Clean Air Act. 

(4) Use of an alternative fuel at a steam generating unit to 

the extent that the fuel is generated from municipal solid 

waste. 

(5) Use of an alternative fuel or raw material by a 

stationary source which that: 

(a) The source was capable of accommodating before 

December 21, 1976, unless such change would be 

prohibited under any federally and state enforceable 

permit condition which was established after December 

21, 1976, pursuant to 40 CFR 52.21 or this chapter; or 

(b) The source is approved to use under any permit 

issued under 40 CFR 52.21 or this chapter; and.

(c) The owner demonstrates to the board that as a result 

of trial burns at the source or other sources or other 

sufficient data that the emissions resulting from the use 

of the alternative fuel or raw material supply are 

decreased.

(6) An increase in the hours of operation or in the 

production rate, unless such change is prohibited under 

any federally and state enforceable permit condition 

which was established after December 21, 1976, pursuant 

to 40 CFR 52.21 or this chapter. 

(7) Any change in ownership at a stationary source. 

(8) The installation, operation, cessation, or removal of a 

temporary clean coal technology demonstration project, 

provided that the project complies with: 

(a) The applicable implementation plan, and 
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(b) Other requirements necessary to attain and maintain 

the national ambient air quality standard during the 

project and after it is terminated. 

d. This definition shall not apply with respect to a 

particular regulated NSR pollutant when the source is 

complying with the requirements under 9VAC5-80-2144 

for a PAL for that pollutant. Instead, the definition for 

"PAL major modification" shall apply. 

"Major new source review (NSR) permit" means a permit 

issued under the major new source review program. 

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

preconstruction review and permit program (i) for new major 

stationary sources or major modifications (physical changes 

or changes in the method of operation), (ii) established to 

implement the requirements of §§ 112, 165 and 173 of the 

federal Clean Air Act and associated regulations, and (iii) 

codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 

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

seq.) of this part. 

"Major stationary source" 

a. Means: 

(1) Any stationary source of air pollutants which emits, 

or has the potential to emit, (i) 100 tons per year or more 

of a regulated NSR pollutant, (ii) 50 tons per year or 

more of volatile organic compounds or nitrogen oxides in 

ozone nonattainment areas classified as serious in 

9VAC5-20-204, (iii) 25 tons per year or more of volatile 

organic compounds or nitrogen oxides in ozone 

nonattainment areas classified as severe in 9VAC5-20-

204, or (iv) 100 tons per year or more of nitrogen oxides 

or 50 tons per year of volatile organic compounds in the 

Ozone Transport Region; or 

(2) Any physical change that would occur at a stationary 

source not qualifying under subdivision a (1) of this 

definition as a major stationary source, if the change 

would constitute a major stationary source by itself. 

b. A major stationary source that is major for volatile 

organic compounds shall be considered major for ozone. 

c. The fugitive emissions of a stationary source shall not be 

included in determining for any of the purposes of this 

article whether it is a major stationary source, unless the 

source belongs to one of the following categories of 

stationary sources: 

(1) Coal cleaning plants (with thermal dryers). 

(2) Kraft pulp mills. 

(3) Portland cement plants. 

(4) Primary zinc smelters. 

(5) Iron and steel mills. 

(6) Primary aluminum ore reduction plants. 

(7) Primary copper smelters. 

(8) Municipal incinerators (or combinations of them) 

capable of charging more than 250 tons of refuse per day. 

(9) Hydrofluoric acid plants. 

(10) Sulfuric acid plants. 

(11) Nitric acid plants. 

(12) Petroleum refineries. 

(13) Lime plants. 

(14) Phosphate rock processing plants. 

(15) Coke oven batteries. 

(16) Sulfur recovery plants. 

(17) Carbon black plants (furnace process). 

(18) Primary lead smelters. 

(19) Fuel conversion plants. 

(20) Sintering plants. 

(21) Secondary metal production plants. 

(22) Chemical process plants. 

(23) Fossil-fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat 

input. 

(24) Petroleum storage and transfer units with a total 

storage capacity exceeding 300,000 barrels. 

(25) Taconite ore processing plants. 

(26) Glass fiber manufacturing plants. 

(27) Charcoal production plants. 

(28) Fossil fuel steam electric plants of more than 250 

million British thermal units per hour heat input. 

(29) Any other stationary source category which, as of 

August 7, 1980, is being regulated under 40 CFR Part 60, 

61 or 63. 

"Minor new source review (NSR) permit" means a permit 

issued under the minor new source review program. 

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

preconstruction review and permit program (i) for new 

stationary sources or modifications (physical changes or 

changes in the method of operation) that do not qualify for are 

not subject to review under the major new source review 

program, (ii) established to implement the requirements of §§ 

110(a)(2)(C) and 112 of the federal Clean Air Act and 

associated regulations, and (iii) codified in Article 6 (9VAC5-

80-1100 et seq.) of this part. 
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"Necessary preconstruction approvals or permits" means 

those permits required under the NSR program that are part of 

the applicable implementation plan. 

"Net emissions increase" 

a. Means, with respect to any regulated NSR pollutant 

emitted by a major stationary source, the amount by which 

the sum of the following exceeds zero: 

(1) The increase in emissions from a particular physical 

change or change in the method of operation at a 

stationary source as calculated pursuant to 9VAC5-80-

2000 H; and 

(2) Any other increases and decreases in actual emissions 

at the major stationary source that are contemporaneous 

with the particular change and are otherwise creditable. 

Baseline actual emissions for calculating increases and 

decreases under this subdivision shall be determined as 

provided in the definition of "baseline actual emissions," 

except that subdivisions a (3) and b (4) of that definition 

shall not apply. 

b. An increase or decrease in actual emissions is 

contemporaneous with the increase from the particular 

change only if it occurs before the date that the increase 

from the particular change occurs. For sources located in 

ozone nonattainment areas classified as serious or severe in 

9VAC5-20-204, an increase or decrease in actual 

emissions of volatile organic compounds or nitrogen 

oxides is contemporaneous with the increase from the 

particular change only if it occurs during a period of five 

consecutive calendar years which includes the calendar 

year in which the increase from the particular change 

occurs. 

c. An increase or decrease in actual emissions is creditable 

only if: 

(1) It occurs between the date five years before 

construction on the particular change commences and the 

date that the increase from the particular change occurs; 

and 

(2) The board has not relied on it in issuing a permit for 

the source pursuant to this article which permit is in 

effect when the increase in actual emissions from the 

particular change occurs. 

d. An increase in actual emissions is creditable only to the 

extent that the new level of actual emissions exceeds the 

old level. 

e. A decrease in actual emissions is creditable only to the 

extent that: 

(1) The old level of actual emissions or the old level of 

allowable emissions, whichever is lower, exceeds the 

new level of actual emissions; 

(2) It is enforceable as a practical matter at and after the 

time that actual construction on the particular change 

begins; 

(3) The board has not relied on it in issuing any permit 

pursuant to this chapter or the board has not relied on it 

in demonstrating attainment or reasonable further 

progress in the implementation plan; and 

(4) It has approximately the same qualitative significance 

for public health and welfare as that attributed to the 

increase from the particular change. 

f. An increase that results from a physical change at a 

source occurs when the emissions unit on which 

construction occurred becomes operational and begins to 

emit a particular pollutant. Any replacement unit that 

requires shakedown becomes operational only after a 

reasonable shakedown period, not to exceed 180 days. 

g. Subdivision a of the definition of "actual emissions" 

shall not apply for determining creditable increases and 

decreases or after a change. 

"New source review (NSR) permit" means a permit issued 

under the new source review program. 

"New source review (NSR) program" means a 

preconstruction review and permit program (i) for new 

stationary sources or modifications (physical changes or 

changes in the method of operation); (ii) established to 

implement the requirements of §§ 110(a)(2)(C), 112 (relating 

to permits for hazardous air pollutants), 165 (relating to 

permits in prevention of significant deterioration areas), and 

173 (relating to permits in nonattainment areas) of the federal 

Clean Air Act and associated regulations; and (iii) codified in 

Article 6 (9VAC5-80-1100 et seq.), Article 7 (9VAC5-80-

1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 

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

"Nonattainment major new source review (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 § 173 of the 

federal Clean Air Act and associated regulations, and (iii) 

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

Any permit issued under such a program is a major NSR 

permit. 

"Nonattainment pollutant" means, within a nonattainment 

area, the pollutant for which such area is designated 

nonattainment. For ozone nonattainment areas, the 

nonattainment pollutants shall be volatile organic compounds 

(including hydrocarbons) and nitrogen oxides. 

"Ozone transport region" means the area established by 

§ 184(a) of the federal Clean Air Act or any other area 

established by the administrator pursuant to § 176A of the 

federal Clean Air Act for purposes of ozone. For the purposes 
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of this article, the Ozone Transport Region consists of the 

following localities: Arlington County, Fairfax County, 

Loudoun County, Prince William County, Stafford County, 

Alexandria City, Fairfax City, Falls Church City, Manassas 

City, and Manassas Park City. 

"Plantwide applicability limitation (PAL)" means an 

emission limitation expressed in tons per year, for a pollutant 

at a major stationary source, that is enforceable as a practical 

matter and established sourcewide in accordance with 

9VAC5-80-2144. 

"PAL effective date" generally means the date of issuance of 

the PAL permit. However, the PAL effective date for an 

increased PAL is the date any emissions unit that is part of 

the PAL major modification becomes operational and begins 

to emit the PAL pollutant. 

"PAL effective period" means the period beginning with the 

PAL effective date and ending five years later. 

"PAL major modification" means, notwithstanding the 

definitions for "major modification" and "net emissions 

increase," any physical change in or change in the method of 

operation of the PAL source that causes it to emit the PAL 

pollutant at a level equal to or greater than the PAL. 

"PAL permit" means the major NSR permit, the minor NSR 

permit, the state operating permit, or the federal operating 

permit issued by the board that establishes a PAL for a major 

stationary source. 

"PAL pollutant" means the pollutant for which a PAL is 

established at a major stationary source. 

"Potential to emit" means the maximum capacity of a 

stationary source to emit a pollutant under its physical and 

operational design. Any physical or operational limitation on 

the capacity of the source to emit a pollutant, including air 

pollution control equipment, and restrictions on hours of 

operation or on the type or amount of material combusted, 

stored, or processed, shall be treated as part of its design only 

if the limitation or the effect it would have on emissions is 

federally and state enforceable. Secondary emissions do not 

count in determining the potential to emit of a stationary 

source. For the purposes of actuals PALs, any physical or 

operational limitation on the capacity of the source to emit a 

pollutant, including air pollution control equipment, and 

restrictions on hours of operation or on the type or amount of 

material combusted, stored, or processed, shall be treated as 

part of its design only if the limitation or the effect it would 

have on emissions is federally enforceable or enforceable as a 

practical matter by the state. 

"Predictive emissions monitoring system (PEMS)" means all 

of the equipment necessary to monitor process and control 

device operational parameters (for example, control device 

secondary voltages and electric currents) and other 

information (for example, gas flow rate, O2 or CO2

concentrations), and calculate and record the mass emissions 

rate (for example, pounds per hour) on a continuous basis. 

"Prevention of significant deterioration (PSD) 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 § 165 of the 

federal Clean Air Act and associated regulations, and (iii) 

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

"Project" means a physical change in, or change in the 

method of operation of, an existing major stationary source. 

"Projected actual emissions" means the maximum annual 

rate, in tons per year, at which an existing emissions unit is 

projected to emit a regulated NSR pollutant in any one of the 

five years (12-month period) following the date the unit 

resumes regular operation after the project, or in any one of 

the 10 years following that date, if the project involves 

increasing the emissions unit's design capacity or its potential 

to emit of that regulated NSR pollutant and full utilization of 

the unit would result in a significant emissions increase or a 

significant net emissions increase at the source. In 

determining the projected actual emissions before beginning 

actual construction, the owner shall: 

a. Consider all relevant information, including but not 

limited to, historical operational data, the company's own 

representations, the company's expected business activity 

and the company's highest projections of business activity, 

the company's filings with the state or federal regulatory 

authorities, and compliance plans under the approved plan; 

b. Include fugitive emissions to the extent quantifiable, and 

emissions associated with startups, shutdowns, and 

malfunctions; and 

c. Exclude, in calculating any increase in emissions that 

results from the particular project, that portion of the unit's 

emissions following the project that an existing unit could 

have emitted during the consecutive 24-month period used 

to establish the baseline actual emissions and that are also 

unrelated to the particular project, including any increased 

utilization due to product demand growth, provided such 

exclusion shall not reduce any calculated increases in 

emissions that are caused by, result from, or are related to 

the particular project; or 

d. In lieu of using the method set out in subdivisions a 

through c of this definition, may elect to use the emissions 

unit's potential to emit, in tons per year, as defined under 

the definition of potential to emit. 

"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 
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the preliminary decision of the board regarding the permit 

application. 

"Reasonable further progress" means the annual incremental 

reductions in emissions of a given air pollutant (including 

substantial reductions in the early years following approval or 

promulgation of an implementation plan and regular 

reductions thereafter) which are sufficient in the judgment of 

the board to provide for attainment of the applicable ambient 

air quality standard within a specified nonattainment area by 

the attainment date prescribed in the implementation plan for 

such area. 

"Regulated NSR pollutant" means any of the following: 

a. Nitrogen oxides or any volatile organic compound; 

b. Any pollutant for which an ambient air quality standard 

has been promulgated; or 

c. Any pollutant that is a constituent or precursor of a 

general pollutant listed under subdivisions a and b of this 

definition, provided that a constituent or precursor 

pollutant may only be regulated under NSR as part of 

regulation of the general pollutant. 

"Secondary emissions" means emissions which would occur 

as a result of the construction or operation of a major 

stationary source or major modification, but do not come 

from the major stationary source or major modification itself. 

For the purpose of this article, secondary emissions shall be 

specific, well defined, quantifiable, and affect the same 

general area as the stationary source or modification 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 major stationary source or 

major modification. 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. 

"Significant" means, in reference to a net emissions increase 

or the potential of a source to emit any of the following 

pollutants, a rate of emissions that would equal or exceed any 

of the following rates: 

a. Ozone nonattainment areas classified as serious or 

severe in 9VAC5-20-204. 

 POLLUTANT EMISSIONS RATE 

 Carbon Monoxide 100 tons per year (tpy) 

 Nitrogen Oxides 25 tpy 

 Sulfur Dioxide 40 tpy 

 Particulate Matter 25 tpy 

 Ozone 25 tpy of volatile organic 

compounds 

 Lead 0.6 py 

b. Other nonattainment areas. 

 POLLUTANT EMISSIONS RATE 

 Carbon Monoxide 100 tons per year (tpy) 

 Nitrogen Oxides 40 tpy 

 Sulfur Dioxide 40 tpy 

 Particulate Matter 25 tpy 

 PM10 15 tpy 

 PM2.5 10 tpy 

 Ozone 40 tpy of volatile organic 

compounds 

 Lead 0.6 tpy 

"Significant emissions increase" means, for a regulated NSR 

pollutant, an increase in emissions that is significant for that 

pollutant. 

"Significant emissions unit" means an emissions unit that 

emits or has the potential to emit a PAL pollutant in an 

amount that is equal to or greater than the significant level for 

that PAL pollutant, but less than the amount that would 

qualify the unit as a major emissions unit. 

"Small emissions unit" means an emissions unit that emits or 

has the potential to emit the PAL pollutant in an amount less 

than the significant level for that PAL pollutant. 

"State enforceable" means all limitations and conditions that 

are enforceable as a practical matter, including any regulation 

of the board, those requirements developed pursuant to 

9VAC5-170-160, requirements within any applicable order or 

variance, and any permit requirements established pursuant to 

this chapter. 

"State operating permit" means a permit issued under the 

state operating permit program. 

"State operating permit program" means an operating permit 

program (i) for issuing limitations and conditions for 

stationary sources, (ii) promulgated to meet the EPA's 

minimum criteria for federal enforceability, including 

adequate notice and opportunity for the EPA and public 

comment prior to issuance of the final permit, and practicable 

enforceability, and (iii) codified in Article 5 (9VAC5-80-800 

et seq.) of this part. 

"Stationary source" means any building, structure, facility, 

or installation which emits or may emit a regulated NSR 

pollutant. 

"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 
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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. 

"Temporary clean coal technology demonstration project" 

means a clean coal technology demonstration project that is 

operated for a period of five years or less, and that complies 

with the applicable implementation plan and other 

requirements necessary to attain and maintain the national 

ambient air quality standards during the project and after it is 

terminated. 

9VAC5-80-2020. General. 

A. No owner or other person shall begin actual construction 

or modification of any new major stationary source or major 

modification without first obtaining from the board a permit 

to construct and operate such source. The permit will state 

that the major stationary source or major modification shall 

meet all the applicable requirements of this article. 

B. No owner or other person shall relocate any emissions 

unit from one stationary source to another without first 

obtaining from the board a permit to relocate the unit. 

C. If the board and the owner make a mutual determination 

that it facilitates the efficient processing and issuing of 

permits for projects that are to be constructed concurrently, 

the board may combine the requirements of and the permits 

for emissions units within a stationary source subject to the 

major 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 major new source review program be 

combined into one application The board will take actions to 

combine permit terms and conditions as provided in 9VAC5-

80-2195. Actions to combine permit terms and conditions 

involve relocating the terms and conditions contained in two 

or more permits issued to single stationary source to a single 

permit document. Actions to combine permit terms and 

conditions in and of themselves are not a mechanism for 

making changes to permits; such actions shall be taken under 

9VAC5-80-2200 as explained in subsection D of this section. 

D. The board may not incorporate the terms and conditions 

of a state operating permit, a minor new source review 

permit, or a PAL permit into a permit issued pursuant to this 

article The board will take actions to make changes to permit 

terms and conditions as provided in 9VAC5-80-2200. 

Nothing in this subsection is intended to imply that once an 

action has been taken to make a change to a permit, the 

resulting permit change may not be combined with other 

terms and conditions in a single permit document as provided 

in subsection C of this section. 

E. 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 9VAC5-40 (Existing 

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

9VAC5 Chapter 50 9VAC5-50 (New and Modified 

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

9VAC5 Chapter 60 9VAC5-60 (Hazardous Air Pollutant 

Sources), or Article 5 (9VAC5-60-300) of 9VAC5 Chapter 

60 9VAC5-60 (Hazardous Air Pollutant Sources). 

2. Any term or condition of any permit issued under this 

article that is not federally enforceable shall be marked in 

the permit as state-only enforceable and shall only be 

enforceable by the board. Incorrectly designating a term or 

condition as state-only enforceable shall not provide a 

shield from federal enforcement of a term or condition that 

is legally federally enforceable. 

F. 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. 

9VAC5-80-2140. Exception Exemptions. 

A. The provisions of this article do not apply to a source or 

modification that would be a major stationary source or major 

modification only if fugitive emissions, to the extent 

quantifiable, are considered in calculating the potential to 

emit of the source or modification and the source does not 

belong to any of the following categories: 

1. Coal cleaning plants (with thermal dryers); 

2. Kraft pulp mills; 

3. Portland cement plants; 

4. Primary zinc smelters; 

5. Iron and steel mills; 

6. Primary aluminum ore reduction plants; 

7. Primary copper smelters; 

8. Municipal incinerators capable of charging more than 

250 tons of refuse per day; 

9. Hydrofluoric acid plants; 

10. Sulfuric acid plants; 

11. Nitric acid plants; 

12. Petroleum refineries; 

13. Lime plants; 
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14. Phosphate rock processing plants; 

15. Coke oven batteries; 

16. Sulfur recovery plants; 

17. Carbon black plants (furnace process); 

18. Primary lead smelters; 

19. Fuel conversion plants; 

20. Sintering plants; 

21. Secondary metal production plants; 

22. Chemical process plants; 

23. Fossil-fuel boilers (or combination of them) totaling 

more than 250 million British thermal units per hour heat 

input; 

24. Petroleum storage and transfer units with a total storage 

capacity exceeding 300,000 barrels; 

25. Taconite ore processing plants; 

26. Glass fiber processing plants; 

27. Charcoal production plants; 

28. Fossil fuel-fired steam electric plants of more than 250 

million British thermal units per hour heat input; and 

29. Any other stationary source category which, as of 

August 7, 1980, is being regulated under 40 CFR Parts 60, 

61 or 63. 

B. The requirements of this article shall not apply to a 

particular major stationary source with respect to the use of 

an alternative fuel or raw material if the following conditions 

are met:

1. The owner demonstrates to the board that, as a result of 

trial burns at the owner’s facility or other facilities or other 

sufficient data, the emissions resulting from the use of the 

alternative fuel or raw material supply are decreased. No 

demonstration will be required for the use of processed 

animal fat, processed fish oil, processed vegetable oil, 

distillate oil, or any mixture thereof in place of the same 

quantity of residual oil to fire industrial boilers.

2. The use of an alternative fuel or raw material would not 

be subject to review under this article as a major 

modification.

9VAC5-80-2195. Actions to combine permit terms and 

conditions.

A. General requirements for actions to combine permit 

terms and conditions are as follows:

1. Except as provided in subdivision 3 of this subsection, 

the board may take actions to combine permit terms and 

conditions as provided under subsections B through E of 

this section.

2. Requests to combine permit terms and conditions may 

be initiated by the permittee or by the board.

3. Under no circumstances may an action to combine 

permit terms and conditions be used for any of the 

following:

a. To combine the terms and conditions of (i) a federal 

operating permit, (ii) a PAL permit, or (iii) any permit 

that is or will be part of the implementation plan.

b. To take an action to issue a permit or change a permit 

for the fabrication, erection, installation, demolition, 

relocation, addition, replacement, or modification of an 

emissions unit that would result in a change in emissions 

that would otherwise (i) be subject to review under this 

article or (ii) require a permit or permit amendment under 

the new source review program.

c. To allow any stationary source or emissions unit to 

violate any federal requirement.

d. To take an action to issue a permit or change a permit 

for any physical change in or change in the method of 

operation of a major stationary source that is subject to 

the provisions in 9VAC5-80-2000 D (restrictions on 

relaxing enforceable emission limitations that the major 

stationary source used to avoid applicability of the major 

NSR program).

B. The board may take actions to combine the terms and 

conditions of state operating permits and new source review 

permits, along with any changes to state operating permits 

and new source review permits.

C. If the board and the owner make a mutual determination 

that it facilitates improved compliance or the efficient 

processing and issuing of permits, the board may take an 

action to combine the terms and conditions of permits for 

emissions units within a stationary source into one or more 

permits. Likewise the board may require that applications for 

permits for emissions units within a stationary source 

required by any permit program be combined into one 

application.

D. Actions to combine the terms and conditions of permits 

are subject to the following conditions:

1. Each term or condition in the combined permit shall be 

accompanied by a statement that specifies and references 

the origin (enabling permit program) of, along with the 

regulatory or any other authority for, the term or condition.

2. Each term or condition in the combined permit shall be 

accompanied by a statement that specifies the effective 

date of the term or condition.

3. Each term or condition in the combined permit shall be 

identified by its original designation (i.e., state-only 

enforceable or federally and state enforceable) consistent 
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with the applicable enforceability designation of the term 

or condition in the contributing permit.

4. Except as provided in subsection E of this section, all 

terms and conditions in the contributing permits shall be 

included in the combined permit without change. The 

combined permit will supersede the contributing permits, 

which will no longer be effective.

E. Actions to make changes to permit terms and conditions 

as may be necessary to facilitate actions to combine permit 

terms and conditions may be accomplished in accordance 

with the minor amendment procedures (unless specified 

otherwise in this section) of the enabling permit program (i.e., 

the permit program that is the origin of the term or condition), 

subject to the following conditions:

1. Updates to regulatory or other authorities may be 

accomplished in accordance with the administrative 

amendment procedures of the enabling permit program.

2. If two or more terms or conditions apply to the same 

emissions unit or emissions units and are substantively 

equivalent, the more restrictive of the duplicate terms or 

conditions may be retained and the less restrictive one 

removed, subject to the provisions of subdivision 4 of this 

subsection.

3. If two or more similar terms or conditions apply to the 

same emissions unit or emissions units and one is 

substantively more restrictive than the others, the more 

restrictive of the terms or conditions shall be retained, 

regardless of whether the less restrictive terms or 

conditions are removed. If the less restrictive of the similar 

terms or conditions is removed, the provisions of 

subdivision 4 of this subsection apply.

4. The removal of similar terms or conditions from 

contributing permits is subject to the following conditions:

a. If any one of the terms or conditions removed is 

federally and state enforceable, the more restrictive term 

or condition that is retained in the combined permit shall 

be federally and state enforceable.

b. If any one of the terms or conditions originates in a 

permit subject to a major NSR program, that major NSR 

program shall become the effective enabling permit 

program for the more restrictive term or condition that is 

retained in the combined permit. If more than one major 

NSR program is the basis for a term or condition, all of 

the applicable major NSR programs shall be the enabling 

permit program for that term or condition.

c. The regulatory basis for all of the similar terms or 

conditions that are removed shall be included in the 

reference for the term or condition that is retained. 

9VAC5-80-2200. Changes to Actions to change permits. 

A. The general requirements for making actions to make

changes to permits issued under this article are as follows: 

1. Except as provided in subdivision 3 of this subsection, 

changes to a permit issued under this article shall be made 

as specified under subsections B and C of this section and 

9VAC5-80-2210 through 9VAC5-80-2240. 

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. Under no circumstances may a permit issued under this 

article be changed in order to (i) incorporate the terms and 

conditions necessary to implement any provision of the 

new source review program for a project that qualifies as a 

modification under the new source review program or (ii) 

incorporate the terms and conditions necessary to 

implement any provision of the new source review 

program for a PAL permit. 

B. The requirements for changes initiated by the permittee 

are as follows: 

1. The permittee may initiate a change to a permit by 

submitting a written request to the board for an 

administrative permit amendment, a minor permit 

amendment or a significant permit amendment. The 

requirements for these permit changes can be found in 

9VAC5-80-2210 through 9VAC5-80-2230. 

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 9VAC5-80-2240. 

9VAC5-80-2210. Administrative permit amendments. 

A. Administrative permit amendments shall be required used

for and limited to the following: 

1. Correction of typographical or any other error, defect or 

irregularity that 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 
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responsibility, coverage, and liability between the current 

and new permittee has been submitted to the board and the 

requirements of 9VAC5-80-2170 have been fulfilled. 

B. The administrative permit amendment procedures are as 

follows: 

1. The board will normally take final action on a request 

for an administrative permit amendment no more than 60 

days from receipt of the request. 

2. The board will incorporate the changes without 

providing notice to the public under 9VAC5-80-2070. 

However, any such permit revisions shall be designated in 

the permit amendment as having been made pursuant to 

this section. 

3. The owner may implement the changes addressed in the 

request for an administrative amendment immediately 

upon submittal of the request. 

9VAC5-80-2220. Minor permit amendments. 

A. Minor permit amendment procedures shall be used only 

for those permit amendments that meet all of the following 

criteria: 

1. Do not violate any applicable federal requirement. 

2. Do not involve significant changes to existing 

monitoring, reporting, or record keeping 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 record keeping requirements. 

3. Do not require or change a case-by-case determination 

of an emission emissions limitation or other standard

requirement. 

4. Do not seek to establish or change a permit term or 

condition (i) for which there is no corresponding 

underlying applicable regulatory requirement and (ii) that 

the source has assumed to avoid an applicable regulatory 

requirement to which the source would otherwise be 

subject. Such terms and conditions include, but are not 

limited to, an emissions cap assumed to avoid 

classification as a modification under the new source 

review program. 

5. Are not required to be processed as a significant 

amendment under 9VAC5-80-2230 or as an administrative 

permit amendment under 9VAC5-80-2210. 

B. Notwithstanding subsection A of this section, minor 

permit amendment procedures may be used for permit 

amendments that meet any of the following criteria: 

1. Involve the use of economic incentives, emissions 

trading, and other similar approaches, to the extent that 

such minor permit amendment procedures are explicitly 

provided for in a regulation of the board or a federallyapproved program. 

2. Require new or more frequent monitoring or reporting 

by the permittee. 

3. Designate any term or permit condition that meets the 

criteria in 9VAC5-80-2020 E 1 as state-only enforceable as 

provided in 9VAC5-80-2020 E 2 for any permit issued 

under this article or any regulation from which this article 

is derived. 

C. Minor permit amendment procedures may be used for 

permit amendments involving the rescission of a provision of 

a permit if the board and the owner make a mutual 

determination that the provision is rescinded because all of 

the underlying statutory or regulatory requirements (i) upon 

which the provision is based or (ii) that necessitated inclusion 

of the provision are no longer applicable. In order for the 

underlying statutory and regulatory requirements to be 

considered no longer applicable, the provision of the permit 

that is being rescinded must not cover a regulated NSR 

pollutant. 

D. A request for the use of minor permit amendment 

procedures shall include all of the following: 1. A 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, along with a request that 

such procedures be used. The applicant may, at the 

applicant’s discretion, include a suggested proposed permit 

amendment.

E. The public participation requirements of 9VAC5-80-2070 

shall not extend to minor permit amendments. 

F. Normally within 90 days of receipt by the board of a 

complete request under minor permit amendment procedures, 

the board will do one of the following: 

1. Issue the permit amendment as proposed. 

2. Deny the permit amendment request. 

3. Determine that the requested amendment does not meet 

the minor permit amendment criteria and should be 

reviewed under the significant amendment procedures. 

G. The requirements for making changes are as follows: 

1. The owner may make the change proposed in the minor 

permit amendment request immediately after the request is 

filed. 

2. After the change under subdivision 1 of this subsection 

is made, and until the board takes any of the actions 

specified in subsection F of this section, the source shall 

comply with both the applicable regulatory requirements 

governing the change and the proposed permit terms and 

conditions amendment. 
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3. During the time period specified in subdivision 2 of this 

subsection, the owner need not comply with the existing 

permit terms and conditions the owner seeks to modify if 

the applicant has submitted a proposed permit amendment. 

However, if the owner fails to comply with the proposed 

permit terms and conditions during this time period, the 

existing permit terms and conditions the owner seeks to 

modify may be enforced against the owner. 

9VAC5-80-2230. 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 9VAC5-80-2220 or as 

administrative amendments under 9VAC5-80-2210. 

2. Significant amendment procedures shall be used for 

those permit amendments that meet any of the following 

criteria: 

a. Involve significant changes to existing monitoring, 

reporting, or record keeping 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 emissions limitation or other standard

requirement. 

c. Seek to establish or change a permit term or condition 

(i) for which there is no corresponding underlying 

applicable regulatory requirement and (ii) that the source 

has assumed to avoid an applicable regulatory 

requirement to which the source would otherwise be 

subject. Such terms and conditions include, but are not 

limited to, an emissions cap assumed to avoid 

classification as a modification under the new source 

review program. 

B. A request for a significant permit amendment shall 

include a description of the change, the emissions resulting 

from the change, and any new applicable regulatory 

requirements that will apply if the change occurs. The 

applicant may, at the applicant's discretion, include a 

suggested draft permit amendment. 

C. The provisions of 9VAC5-80-2070 shall apply to 

requests made under this section. 

D. The board will normally take final action on significant 

permit amendments within 180 days after receipt of a 

complete request except in cases where direct consideration 

of the request by the board is granted pursuant to 9VAC5-80-

25. The board may extend this time period if additional 

information is 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. 

9VAC5-80-2240. Reopening for cause. 

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

following situations: 

1. Additional regulatory requirements become applicable 

to the emissions units covered by the permit after a permit 

is issued but prior to commencement of construction. 

2. The board determines that the permit contains a material 

mistake or that inaccurate statements were made in 

establishing the emissions standards or other terms or 

conditions of the permit. 

3. The board determines that the permit must be amended 

to assure compliance with the applicable regulatory 

requirements or that the terms and conditions of the permit 

are not sufficient to meet all of the standards and

requirements contained in this article. 

B. Proceedings to reopen and reissue a permit shall follow 

the same procedures as apply to initial permit issuance and 

shall affect only those parts of the permit for which cause to 

reopen exists. Such reopening shall be made as expeditiously 

as practicable. 

C. Reopenings shall not be initiated before a notice of such 

intent is provided to the source by the board at least 30 days 

in advance of the date that the permit is to be reopened, 

except that the board may provide a shorter time period in the 

case of an emergency. 

VA.R. Doc. No. R09-1158; Filed May 19, 2009, 11:38 a.m. 

STATE WATER CONTROL BOARD 

Final Regulation 

REGISTRAR'S NOTICE: The following regulatory action is 

exempt from the Administrative Process Act in accordance 

with § 2.2-4006 A 4 c of the Code of Virginia, which 

excludes regulations that are necessary to meet the 

requirements of federal law or regulations provided such 

regulations do not differ materially from those required by 

federal law or regulation. The State Water Control Board will 

receive, consider and respond to petitions by any interested 

person at any time with respect to reconsideration or revision. 

Title of Regulation: 9VAC25-720. Water Quality 

Management Planning Regulation (amending 9VAC25-

720-50, 9VAC25-720-60, 9VAC25-720-90, 9VAC25-720-

110).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 

USC § 1313(e) of the Clean Water Act. 

Effective Date: July 8, 2009. 
ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

The complete record of public participation activities is located at the Air Division of the 

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division.

The state did not receive testimony on this particular revision. 

TEMPLATES\SIP-REG\REG03-b2

SIP\NONATTN PLANS\2010\C08-SIP-3.DOC