Virginia Administrative Code

Database updated through January 6, 2011

CHAPTER 500 

EXCLUSIONARY GENERAL PERMIT FOR FEDERAL OPERATING PERMIT PROGRAM 

Part I 

Definitions 

9VAC5-500-10. General. 

A. For the purpose of this chapter or any orders issued by the board, the words or terms shall have the 

meanings given them in 9VAC5-500-20. 

B. Unless specifically defined in the Virginia Air Pollution Control Law (§ 10.1-1300 of the Code of 

Virginia) or in this chapter, terms used shall have the meaning given them by 9VAC5-80-60 (definitions, 

federal operating permit), 9VAC5-10-20 (general definitions, Regulations for the Control and Abatement 

of Air Pollution), or commonly ascribed to them by recognized authorities, in that order of priority. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-20. Terms defined. 

"Actual emissions" means the actual emissions of a pollutant from a stationary source or emissions 

unit reflecting the rate, in tons per year, at which the source or unit actually emitted the pollutant during 

the most recent annual period. Actual emissions shall be calculated using the source or unit's actual 

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

annual period. Valid continuous emission monitoring data or source test data shall be preferentially used 

to determine actual emissions. In the absence of valid continuous emissions monitoring data or source 
test data, the basis for determining actual emissions shall be any or all of the following as may be 

determined by the department: throughputs of process materials; throughputs of materials stored; usage 

of materials; data provided in manufacturer's product specifications, material volatile organic compound 

content reports or laboratory analyses; other information required by this chapter and other regulations of 

the board; or information requested in writing by the department. All calculations of actual emissions shall 

use U.S. Environmental Protection Agency or department approved methods, including emission factors 

and assumptions. 

"Annual period" means a period of 12 consecutive months determined on a rolling basis with a new 

12-month period beginning on the first day of each calendar month. 

"Federal operating permit" means a permit issued pursuant to Article 1 (9VAC5-80-50 et seq.) or 

Article 3 (9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80. 

"General permit" means the terms and conditions in Part IV (9VAC5-500-150 et seq.) of this chapter 

that meet the requirements of Part III (9VAC5-500-90 et seq.) of this chapter. 

"New source review program" means a program for the preconstruction review and permitting of new 

stationary sources or emissions units or expansions to existing ones in accordance with regulations 

promulgated to implement the requirements of §§ 110(a)(2)(C) (42 USC § 7410(a)(2)(C)), 165 (42 USC § 

7475) and 173 (42 USC § 7503) of the federal Clean Air Act. 

"Nonattainment pollutant" means volatile organic compounds or nitrogen oxides (NOX). 

"Regulation of the board" means any regulation adopted by the State Air Pollution Control Board 

under any provision of the Code of Virginia. 

"Regulations for the Control and Abatement of Air Pollution" means 9VAC5-10-10 et seq. through 

9VAC5-80-10 et seq. 

"State operating permit" means a permit issued pursuant to 9VAC5-80-40. 

Statutory Authority 

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

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

Part II 

General Provisions 

9VAC5-500-30. Purpose. 

A. The purpose of the exclusionary general permit is to provide a legally enforceable mechanism for 

major sources subject to the federal operating permit program (Article 1 (9VAC5-80-50 et seq.) or Article 

3 (9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80) to be excluded from the program provided they 

maintain their actual annual emissions at a specified level that is less than the potential to emit 

applicability thresholds for the federal operating permit program. This is one of two alternative permit 

mechanisms the State Air Pollution Control Board has to accomplish this purpose; the other is a state 

operating permit program (9VAC5-80-40). 

B. This chapter does not require any owner to apply for coverage under the general permit but 

provides the opportunity for an owner to apply for coverage if the stationary source meets the criteria in 

9VAC5-500-90 A and all other requirements of this chapter. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-40. Applicability. 

A. Except as provided in subsection E of this section, this chapter applies to any major source. 

B. This chapter applies throughout the Commonwealth of Virginia. 

C. This chapter applies only to regulated air pollutants. 

D. This chapter shall not apply to the following stationary sources:
1. Any stationary source that has applied for a federal operating permit in a timely manner and in 

conformance with Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of Part II of 9VAC5 

Chapter 80 and is awaiting final action by the board. 

2. Any stationary source required to obtain a federal operating permit under Article 1 (9VAC5-80-50 et 

seq.) or Article 3 (9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80 for any reason other than being 

a major source. This includes, but is not limited to, the following: any source, including an area source, 

subject to any standard or other requirement adopted pursuant to § 111 or § 112 of the federal Clean Air 

Act (42 USC § 7411 or 42 USC § 7412). 

3. Any stationary source which has a valid federal operating permit. 

4. Any stationary source which has a valid state operating permit with federally enforceable conditions 

or other federally enforceable limits limiting its potential to emit below the applicable thresholds for a 

major source. 

E. Notwithstanding subdivisions D 1 and D 3 of this section, nothing in this section shall prevent any 

stationary source which has had a federal operating permit from obtaining an authorization to operate 

under the general permit in lieu of maintaining an application for a federal operating permit or upon 

rescission of a federal operating permit if the owner demonstrates that the stationary source meets the 

criteria in 9VAC5-500-90 A for two annual periods (24 consecutive months). 

F. Notwithstanding subdivision D 4 of this section, nothing in this section shall prevent any stationary 

source which has had a state operating permit from obtaining an authorization to operate under the 

general permit in lieu of maintaining an application for a state operating permit or upon rescission of a 

state operating permit if the owner demonstrates that the stationary source meets the criteria in 9VAC5-

500-90 A for two annual periods (24 consecutive months). 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

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

9VAC5-500-50. General. 

A. Any owner or other person shall operate the stationary source in conformance with all applicable 

regulations of the board. 

B. Sources desiring authority to operate under the general permit shall register with the department as 

required under 9VAC5-20-160 and certify that they will operate in compliance with the provisions of this 

chapter. All emissions units or groups of emissions units, other than those units identified in 9VAC5-80-

720, shall be registered. 

C. Sources authorized to operate under the general permit shall be exempt from the requirements of 

9VAC5-80-40 and Articles 1 (9VAC5-80-50 et seq.), 2 (9VAC5-80-310 et seq.) and 3 (9VAC5-80-360 et 

seq.) of Part II of 9VAC5 Chapter 80. 

D. No provision of this chapter shall limit the power of the board to issue an operating permit pursuant 

to 9VAC5-80-40. 

E. This chapter shall not relieve any stationary source from complying with requirements of (i) any 

otherwise applicable permit issued pursuant to the new source review program, (ii) any condition or term 

of any new source review program permit, or (iii) any provision of a new source review permit program. 

This chapter shall not preclude issuance of any new source review permit with conditions or terms 

necessary to ensure compliance with this chapter. 

F. This chapter shall not relieve any stationary source from complying with any applicable 

requirement. 

G. In cases where the provisions of Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et 

seq.) of 9VAC5 Chapter 80 conflict with those of this section, the provisions of Article 1 (9VAC5-80-50 et 

seq.) or Article 3 (9VAC5-80-360 et seq.) of 9VAC5 Chapter 80 shall prevail. 

H. By the adoption of this chapter, the board confers upon the department the administrative, 

enforcement and decision making authority enumerated therein. 
I. Except as provided in subsection J of this section, any decisions of the board or department made 

pursuant to this chapter may be appealed pursuant to 9VAC5-20-90 or 9VAC5-20-130 B 2. 

J. The act of granting or denying an application for authority to operate under the general permit shall 

not be subject to judicial review. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-60. Existence of permit no defense. 

The existence of a permit under this chapter shall not constitute a defense of a violation of the Virginia 

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

responsibility to comply with any applicable requirements, regulations, laws, ordinances and orders of the 

governmental entities having jurisdiction. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-70. Circumvention. 

A. No owner or other person shall cause or permit the installation or use of any device or any means 

which, without resulting in reduction in the total amount of air pollutants emitted, conceals or dilutes an 

emission of air pollutants which would otherwise violate this chapter. Such concealment includes, but is 

not limited to, either of the following: 

1. The use of gaseous diluents to achieve compliance with a visible emissions standard or with a 

standard which is based on the concentration of a pollutant in gases discharged to the atmosphere. 
2. The piecemeal carrying out of an operation to avoid coverage by a standard that applies only to 

operations larger than a specified size. 

B. This section does not prohibit the construction of a stack. 

C. Regardless of the exemptions provided in this chapter, permits shall be required of owners who 

circumvent the requirements of this chapter by causing or allowing a pattern of ownership or development 

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

otherwise require a permit. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-80. Enforcement of a general permit. 

A. The following general requirements apply: 

1. Pursuant to § 10.1-1322 of the Code of Virginia, failure to comply with any term or condition of the 

general permit shall be considered a violation of the Virginia Air Pollution Control Law. 

2. Authorization to operate under the general permit may be revoked or terminated if the owner does 

any of the following: 

a. Knowingly makes material misstatements in the application for coverage or any amendments 

thereto. 

b. Violates, fails, neglects or refuses to comply with (i) the terms or conditions of the permit, (ii) 

any applicable requirements, or (iii) the applicable provisions of this chapter. 

3. The department may suspend, under such conditions and for such period of time as the department 

may prescribe, any authorization to operate under the general permit for any of the grounds for revocation 

or termination contained in subdivision 2 of this subsection or for any other violations of the regulations of 

the board. 
B. The following requirements apply with respect to penalties: 

1. An owner who violates, fails, neglects or refuses to obey any provision of this chapter or the Virginia 

Air Pollution Control Law, any applicable requirement, or any permit term or condition shall be subject to 

the provisions of § 10.1-1316 of the Virginia Air Pollution Control Law. 

2. Any owner who knowingly violates, fails, neglects or refuses to obey any provision of this chapter or 

the Virginia Air Pollution Control Law, any applicable requirement, or any permit term or condition shall be 

subject to the provisions of § 10.1-1320 of the Virginia Air Pollution Control Law. 

3. Any owner who knowingly makes any false statement, representation or certification in any form, in 

any notice or report required by a permit, or who knowingly renders inaccurate any required monitoring 

device or method shall be subject to the provisions of § 10.1-1320 of the Virginia Air Pollution Control 

Law. 

C. The following requirements apply with respect to appeals: 

1. The department shall notify the applicant in writing of its decision, with its reasons, to suspend, 

revoke or terminate the authorization to operate under the general permit in accordance with the 

Administrative Process Act (§ 9-6.14:1 et seq. of the Code of Virginia). 

2. Appeal from any decision of the department under subdivision 1 of this subsection may be taken 

pursuant to 9VAC5-20-90, § 10.1-1318 of the Virginia Air Pollution Control Law, and the Administrative 

Process Act. 

D. The following requirements apply with respect to inspections and right of entry: 

1. The director, as authorized under § 10.1-1307.3 of the Virginia Air Pollution Control Law and 

9VAC5-20-150, has the authority to require that air pollution records and reports be made available upon 

request and to require owners to develop, maintain, and make available such other records and 

information as are deemed necessary for the proper enforcement of the general permit. 

2. The director, as authorized under § 10.1-1307.3 of the Virginia Air Pollution Control Law, has the 

authority, upon presenting appropriate credentials to the owner, to do the following: 
a. Enter without delay and at reasonable times any business establishment, construction site, 

or other area, workplace, or environment in the Commonwealth; and 

b. Inspect and investigate during regular working hours and at other reasonable times, and 

within reasonable limits and in a reasonable manner, without prior notice, unless such notice is 

authorized by the department or its representative, any such business establishment or place of 

employment and all pertinent conditions, structures, machines, apparatus, devices, equipment, 

and materials therein, and question privately any such employer, officer, owner, operator, 

agent, or employee. If such entry or inspection is refused, prohibited, or otherwise interfered 

with, the department shall have the power to seek from a court having equity jurisdiction an 

order compelling such entry or inspection. 

E. The board may enforce the general permit through the use of other enforcement mechanisms such 

as consent orders and special orders. The procedures for using these mechanisms are contained in 

9VAC5-20-20 and 9VAC5-20-30 and in §§ 10.1-1307 D, 10.1-1309, and 10.1-1309.1 of the Virginia Air 

Pollution Control Law. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

Part III 

General Permit Administrative Procedures 

9VAC5-500-90. Requirements for department issuance of authority to operate under the general 

permit. 

A. The department may issue an authorization to operate under the general permit for a stationary 

source that does not exceed any of the following levels of actual emissions in the two annual periods (24 

consecutive months) preceding submittal of an application under 9VAC5-500-100: 
1. 50 tons per year of any regulated air pollutant (excluding nonattainment pollutants in serious 

nonattainment areas and hazardous air pollutants). 

2. 25 tons per year of volatile organic compounds or nitrogen oxides in a serious ozone nonattainment 

area. 

3. 5 tons per year of a single hazardous air pollutant. 

4. 12.5 tons per year of any combination of hazardous air pollutants. 

B. Stationary sources or emissions units subject to the general permit shall comply with all 

requirements applicable to other permits issued under 9VAC5-80-10 et seq. 

C. The general permit shall be issued in accordance with § 9-6.14:4.1 C 11 of the Administrative 

Process Act. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-100. Applications for coverage under the general permit. 

A. Stationary sources that qualify for the general permit may apply to the department for coverage 

under the terms and conditions of the general permit. Stationary sources that do not qualify for the 

general permit shall apply for a permit issued under the provisions of 9VAC5-80-40 or Article 1 (9VAC5-

80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80. 

B. A single application is required identifying each emissions unit or groups of emissions units to be 

covered by the general permit. The application shall be submitted according to the requirements of this 

section, 9VAC5-500-110 and procedures approved by the department. Where several emissions units are 

included in one stationary source, a single application covering all units in the source shall be submitted. 

A separate application is required for each stationary source subject to this chapter. 

C. The application shall meet the requirements of this chapter and include all information necessary to 
determine qualification for and to assure compliance with the general permit. 

D. Any application form, report, compliance certification, or other document required to be submitted to 

the department under this chapter shall be signed by a responsible official and shall include the following 

certification signed by the responsible official: 

"I certify under penalty of law that this document and all attachments were prepared under my 

direction or supervision in accordance with a system designed to assure that qualified personnel properly 

gather and evaluate the information submitted. Based on my inquiry of the person or persons who 

manage the system, or those persons directly responsible for gathering and evaluating the information, 

the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am 

aware that there are significant penalties for submitting false information, including the possibility of fine 

and imprisonment for knowing violations." 

E. Subsection D of this section shall be interpreted to mean that the signer must have some form of 

direction or supervision over the persons gathering the data and preparing the document (the preparers), 

although the signer need not personally nor directly supervise these activities. The signer need not be in 

the same line of authority as the preparers, nor do the persons gathering the data and preparing the form 

need to be employees (e.g., outside contractors can be used). It is sufficient that the signer has authority 

to assure that the necessary actions are taken to prepare a complete and accurate document. 

F. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in 

an application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such 

supplementary facts or corrected information. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-110. Required application information. 
A. The department shall furnish application forms to applicants. The information required by this 

section shall be determined and presented according to procedures and methods acceptable to the 

department. 

B. Each application for coverage under the general permit shall include, but not be limited to, the 

information listed in subsections C through G of this section. 

C. Identifying information as follows shall be included: 

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

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

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

3. Identification of each emissions unit or group of emission units at the stationary source for which the 

application is submitted. 

D. Emissions related information as follows shall be included: 

1. All emissions of regulated air pollutants for which the stationary source qualifies as a major source. 

a. An application shall describe all emissions units or groups of emissions units. This 

requirement shall not apply to emissions units listed in 9VAC5-80-720. 

b. Emissions shall be determined as provided in the application form or other instructions from 

the department. 

c. Fugitive emissions shall be included in the application to the extent that the emissions are 

necessary to determine if the stationary source qualifies as a major source. 

2. Calculations on which the information in subdivision 1 of this subsection is based. Any calculations 

shall include sufficient detail to permit assessment of the validity of the calculations and to enable the 

department to verify the actual emissions and potential to emit for the stationary source. This may include, 

but not be limited to, the following: 

a. Actual and potential emissions in tons per annual period for each emissions unit or group of 

emission units. 
b. Information needed to determine emissions as follows: fuels, fuel use, raw materials, 

production rates, loading rates, and operating schedules. 

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

devices or activities. 

E. Additional information that the department deems necessary to implement and enforce other 

requirements of the regulations of the board or to determine the applicability of such requirements. 

F. Any additional information or documentation that the department deems necessary to review and 

analyze the air pollution aspects of the source. 

G. Compliance certification information as follows shall be included: a certification of compliance with 

all applicable requirements by a responsible official. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-120. General permit content. 

A. The general permit issued under this chapter shall include the elements listed in subsections B 

through H of this section. 

B. The general permit shall contain terms and conditions setting forth the applicable emissions levels 

and requirements sufficient to assure compliance with the criteria in 9VAC5-500-90 A and the regulations 

of the board. 

C. The general permit shall contain terms and conditions setting forth the following requirements with 

respect to emission testing sufficient to assure compliance with the emissions levels and requirements of 

the permit: 

1. Requirements providing that owners of stationary sources subject to the general permit may 

conduct emission tests, establish and maintain records, and make periodic emission reports as necessary 
to determine the actual emissions for the stationary source. 

2. For cases where the owner elects to use the emission testing to determine the actual emissions for 

the stationary source, the permit shall prescribe the procedures for the conduct of the emission tests. 

D. The general permit shall contain terms and conditions setting forth the following requirements with 

respect to emission monitoring sufficient to assure compliance with the emissions levels and 

requirements of the permit: 

1. Requirements providing that owners of stationary sources subject to the general permit may install, 

calibrate, operate and maintain equipment for continuously monitoring and recording emissions or 

process parameters or both, and establish and maintain records, and make periodic emission reports as 

necessary to determine the actual emissions for the stationary source. 

2. For cases where the owner elects to use the emission monitoring to determine the actual emissions 

for the stationary source, the permit shall prescribe the procedures for the installation, calibration, 

operation and maintenance of equipment for continuously monitoring and recording emissions or process 

parameters or both. 

E. The general permit shall contain terms and conditions setting forth the following requirements 

concerning recordkeeping and reporting sufficient to assure compliance with the emissions levels and 

requirements of the permit: 

1. Requirements providing that owners of stationary sources subject to the general permit shall 

establish and maintain records, provide notifications and reports, revise reports, report emission tests or 

monitoring results in a manner and form and using procedures as the general permit may prescribe. 

2. The permit shall prescribe the procedures for providing notifications and reports, revising reports, 

maintaining records or reporting emission test or monitoring result. 

3. The recordkeeping and reporting provisions in this subsection shall not apply to stationary sources 

with actual emissions less than or equal to all of the following for every annual period: 

a. 20 tons per year of a regulated air pollutant (excluding nonattainment pollutants in a serious 
nonattainment area and hazardous air pollutants). 

b. 10 tons per year of volatile organic compounds or nitrogen oxides in a serious ozone 

nonattainment area. 

c. 2 tons per year of a single hazardous air pollutant. 

d. 5 tons per year of any combination of hazardous air pollutants. 

4. Within 30 days of a written request by the department, the owner of a stationary source not 

maintaining records pursuant to subdivision 3 of this subsection shall demonstrate that the stationary 

source's emissions are not in excess of the applicable quantities set forth in subdivision 3 of this 

subsection. 

F. The general permit shall contain terms and conditions with respect to enforcement sufficient to 

assure compliance with the emissions levels and requirements of the permit. 

G. The general permit shall contain terms and conditions setting forth the following requirements with 

respect to compliance sufficient to assure compliance with the terms and conditions of the permit: 

1. Requirements providing for compliance certification, testing, monitoring, reporting, and 

recordkeeping requirements sufficient to assure compliance with the terms and conditions of the permit. 

2. Requirements providing for inspection and entry sufficient to assure compliance with the terms and 

conditions of the permit. At a minimum the permit shall require that, upon presentation of credentials and 

other documents as may be required by law, the owner shall allow the department to perform the 

following: 

a. Enter upon the premises where the source is located or emissions related activity is 

conducted, or where records must be kept under the terms and conditions of the permit. 

b. Have access to and copy, at reasonable times, any records that must be kept under the 

terms and conditions of the permit. 

c. Inspect at reasonable times any facilities, equipment (including monitoring and air pollution 

control equipment), practices, or operations regulated or required under the permit. 
d. Sample or monitor at reasonable times substances or parameters for the purpose of assuring 

compliance with the permit or applicable requirements. 

H. The permit shall contain terms and conditions pertaining to other requirements as may be 

necessary to ensure compliance with the regulations of the board, the Virginia Air Pollution Control Law 

and the federal Clean Air Act. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-130. Issuance of an authorization to operate under the general permit. 

A. The department shall grant authorization to operate under the conditions and terms of the general 

permit to stationary sources that meet the criteria set forth in 9VAC5-500-90 A. 

B. The issuance of an authorization to operate under the general permit to a stationary source covered 

by the general permit shall not require compliance with the public participation procedures under § 9-

6.14:4.1 C 11 of the Administrative Process Act. 

C. A response to each application for coverage under the general permit shall be provided. The 

general permit may specify a reasonable time period after which a stationary source that has submitted 

an application shall be deemed to be authorized to operate under the general permit. 

D. Stationary sources covered under a general permit shall be issued a letter, a certificate, or any 

other document which would attest that the stationary source is authorized to operate under the general 

permit. The document shall be accompanied by a copy of the general permit and the application 

submitted by the permittee. 

E. The letter, certificate or other document, along with the copy of the general permit and application, 

shall be retained by the department and at the stationary source. 

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

Historical Notes 

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

9VAC5-500-140. Transfer of authorizations to operate under the general permit. 

A. No person shall transfer an authorization to operate under the general permit from one stationary 

source to another or from one piece of equipment to another. 

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

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

ownership within 30 days of the transfer. 

C. In the case of a name change of a stationary source, the owner shall comply with any permit issued 

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

within 30 days of the name change. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

Part IV 

General Permit Terms and Conditions 

9VAC5-500-150. Emissions levels and requirements. 

A. Sources operating under this permit shall meet the emissions levels in 9VAC5-500-160 in order to 

continue to operate under the authority of this permit. 

B. Sources operating under this permit shall operate in compliance with the standards set in 9VAC5-

40-10 et seq., 9VAC5-50-10 et seq. and 9VAC5-60-10 et seq. and other applicable provisions of the 

regulations of the board. 
C. The permittee shall obtain any necessary permits prior to commencing any physical or operational 

change or activity which will result in actual emissions that exceed the emissions levels specified in 

9VAC5-500-160. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-160. Emissions levels. 

In order to operate under the authority of this permit, a stationary source shall not exceed any of the 

following levels of actual emissions in any annual period: 

1. 50 tons per year of any regulated air pollutant (excluding nonattainment pollutants in serious 

nonattainment areas and hazardous air pollutants). 

2. 25 tons per year of volatile organic compounds or nitrogen oxides in a serious ozone nonattainment 

area. 

3. 5 tons per year of a single hazardous air pollutant. 

4. 12.5 tons per year of any combination of hazardous air pollutants. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-170. Compliance determination and verification by emission testing. 

A. The permittee may conduct emission tests, establish and maintain records, and make periodic 

emission reports as necessary to determine the actual emissions for the stationary source. 

B. Upon request of the department, the permittee shall conduct emission tests as are necessary to 
determine the type or amount or both of the pollutants emitted from the source or whether the source will 

be in compliance with 9VAC5-500-160 or any other provisions of any regulation of the board. 

C. The emission testing conducted under this section shall be carried out in accordance with the 

provisions of 9VAC5-40-10 et seq., 9VAC5-50-10 et seq. and 9VAC5-60-10 et seq., as applicable, or by 

other means acceptable to the department. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-180. Compliance determination and verification by emission monitoring. 

A. The permittee may install, calibrate, operate and maintain equipment for continuously monitoring 

and recording emissions or process parameters or both, and establish and maintain records, and make 

periodic emission reports as necessary to determine the actual emissions for the stationary source. 

B. Upon request of the department, the permittee shall install, calibrate, maintain and operate 

equipment for continuously monitoring and recording emissions or process parameters or both as are 

necessary to determine the type or amount or both of the pollutants emitted from the source or whether 

the source will be in compliance with 9VAC5-500-160 or any other provisions of any regulation of the 

board. 

C. The emission monitoring conducted under this section shall be carried out in accordance with the 

provisions of 9VAC5-40-10 et seq., 9VAC5-50-10 et seq. and 9VAC5-60-10 et seq., as applicable, or by 

other means acceptable to the department. 

D. Where the applicable requirement cited in subsection C of this section does not require periodic 

testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to 

serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that 

are representative of the source's compliance with the general permit, as reported pursuant to 9VAC5-
500-190 C 1. Such monitoring requirements shall assure use of terms, test methods, units, averaging 

periods, and other statistical conventions consistent with the applicable requirement. Recordkeeping 

provisions may be sufficient to meet the requirements of this subsection. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-190. Recordkeeping requirements. 

A. The permittee, unless exempted under 9VAC5-500-120 E 3, shall comply with the recordkeeping 

requirements in this section. The recordkeeping requirements of this permit shall not replace any 

recordkeeping requirement contained in other state or federal rules or regulations. 

B. The permittee shall keep and maintain records for each emission unit or groups of emission units 

sufficient to determine the actual emissions of the stationary source. Such information shall be 

summarized in a monthly log, maintained on site for five years, and be made available to the department 

upon request. Any records, notifications, reports, or tests providing the basis for the summary shall be 

retained by the permittee for at least five years following the date of such records, notifications, reports or 

tests. 

C. To meet the requirements of 9VAC5-500-180 with respect to recordkeeping, the permittee shall 

comply with the following: 

1. Records of monitoring information shall include the following: 

a. The date, place as defined in the permit, and time of sampling or measurements. 

b. The date(s) analyses were performed. 

c. The company or entity that performed the analyses. 

d. The analytical techniques or methods used. 
e. The results of such analyses. 

f. The operating conditions existing at the time of sampling or measurement. 

2. Records of all monitoring data and support information shall be retained for at least five years from 

the date of the monitoring sample, measurement, report, or application. Support information includes all 

calibration and maintenance records and all original strip-chart recordings for continuous monitoring 

instrumentation, and copies of all reports required by the permit. 

D. The recordkeeping requirements under this section shall be carried out in accordance with the 

provisions of 9VAC5-40-10 et seq., 9VAC5-50-10 et seq. and 9VAC5-60-10 et seq., as applicable, or by 

other means acceptable to the department. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-200. Reporting requirements. 

A. The permittee, unless exempted under 9VAC5-500-120 E 3, shall comply with the reporting 

requirements in this section. Any document (including reports) required by a permit term or condition to be 

submitted to the department shall contain a certification by a responsible official that meets the 

requirements of 9VAC5-500-100 D. 

B. The permittee shall submit, according to procedures established by the department, an annual 

emissions update. Any additional information requested by the department under this subsection shall be 

submitted to the department within 30 days of the date of request. 

C. To meet the requirements of 9VAC5-500-180 with respect to reporting, the permittee shall submit 

reports of any required monitoring at least every six months. All instances of deviations from permit 

requirements must be clearly identified in such reports. 

D. If a stationary source or emissions unit is shut down, the permittee shall notify the board within six 
months of the date the stationary source or emissions unit is shut down. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-210. Compliance certifications. 

A. The department shall evaluate a stationary source's compliance with the emissions levels in 

9VAC5-500-160 as part of the department's annual compliance process. In performing the evaluation, the 

department shall consider any annual emission update submitted pursuant to 9VAC5-500-200. 

B. Upon presentation of credentials and other documents as may be required by law, the permittee 

shall allow the department to perform the following: 

1. Enter upon the premises where the source is located or emissions-related activity is conducted, or 

where records must be kept under the terms and conditions of the permit. 

2. Have access to and copy, at reasonable times, any records that must be kept under the terms and 

conditions of the permit. 

3. Inspect at reasonable times any facilities, equipment (including monitoring and air pollution control 

equipment), practices, or operations regulated or required under the permit. 

4. Sample or monitor at reasonable times substances or parameters for the purpose of assuring 

compliance with the permit or applicable requirements. 

C. The permittee shall submit, along with the annual emissions update, to the department an annual 

compliance certification containing the following: 

1. The identification of each term or condition of the permit that is the basis of the certification. 

2. The compliance status. 

3. Whether compliance was continuous or intermittent, and if not continuous, documentation of each 
incident of noncompliance. 

4. The method or methods used for determining the compliance status of the source at the time of 

certification and over the reporting period. 

5. Such other information as the department may require to determine the compliance status of the 

source. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-220. Consequences of failure to remain below emissions levels. 

A. A stationary source subject to the general permit shall be subject to applicable federal requirements 

for a major source, including 9VAC5-80-40 (state operating permit) and Article 1 (9VAC5-80-50 et seq.) or 

Article 3 (9VAC5-80-360 et seq.) of Part II of 9VAC5 Chapter 80 (federal operating permit), when either of 

the following conditions occur: 

1. Commencing on the first day following any annual period in which the stationary source exceeds an 

emissions levels specified in 9VAC5-500-160. 

2. Commencing on the first day following any annual period in which the owner can not demonstrate 

that the stationary source is in compliance with the emissions levels specified in 9VAC5-500-160. 

B. Any stationary source who becomes subject to federal applicable requirements for a major source 

as provided in subsection A of this section may continue to operate under the authority of the permit until 

a state operating permit or federal operating permit is issued provided the following conditions are met: 

1. At least 30 days prior to the end of any annual period during which the actual emissions of the 

stationary source is expected to exceed the emissions levels in 9VAC5-500-160, the owner has notified 

the department that he will submit an application for a federal operating permit or state operating permit, 

and 
2. A complete federal operating permit application is received by the department, or the permit action 

to obtain a state operating permit is completed, within 12 months of the date of notification. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-230. Enforcement. 

A. Violation of this permit is subject to the enforcement provisions including, but not limited to, those 

contained in 9VAC5-20-10 et seq. and §§ 10.1-1309, 10.1-1311 and 10.1-1316 of the Virginia Air 

Pollution Control Law. 

B. If any condition, requirement or portion of the permit is held invalid or inapplicable under any 

circumstance, such invalidity or inapplicability shall not affect or impair the remaining conditions, 

requirements, or portions of the permit. 

C. The permittee shall comply with all conditions of the permit. Any permit noncompliance constitutes 

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

termination, revocation and reissuance, or modification of the authorization to operate under the general 

permit. 

D. It shall not be a defense for a permittee in an enforcement action that it would have been necessary 

to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit. 

E. The authorization to operate under the general permit may be revoked and reissued or terminated 

for cause as specified in 9VAC5-500-80. The filing of a request by the permittee for authorization 

revocation and reissuance, or termination, or of a notification of planned changes or anticipated 

noncompliance does not stay any permit condition. 

F. The owner of the stationary source shall be subject to enforcement action under 9VAC5-500-80 for 

operation without a permit if the stationary source is later determined by the department not to qualify for
the conditions and terms of the general permit. 

G. The general permit does not convey any property rights of any sort, or any exclusive privilege. 

H. The permittee shall furnish to the department, within a reasonable time, any information that the 

department may request in writing to determine whether cause exists for modifying, revoking and 

reissuing, or terminating the authorization to operate under the general permit or to determine compliance 

with the permit. Upon request, the permittee shall also furnish to the department copies of records 

required to be kept by the permit and, for information claimed to be confidential, the permittee shall 

furnish such records to the department along with a claim of confidentiality. 

Statutory Authority 

§ 10.1-1308 of the Code of Virginia. 

Historical Notes 

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

9VAC5-500-240. Review and evaluation of regulation. 

A. Prior to July 1, 2000, the department shall perform an analysis on this chapter and provide the 

board with a report on the results. The analysis shall include (i) the purpose and need for the chapter, (ii) 

alternatives which would achieve the stated purpose of this chapter in a less burdensome and less 

intrusive manner, (iii) an assessment of the effectiveness of this chapter, (iv) the results of a review of 

current state and federal statutory and regulatory requirements, including identification and justification of 

requirements of this chapter which are more stringent than federal requirements, and (v) the results of a 

review as to whether this chapter is clearly written and easily understandable by affected entities. 

B. Upon review of the department's analysis, the board shall confirm the need to (i) continue this 

chapter without amendment, (ii) repeal this chapter, or (iii) amend this chapter. If the board's decision is to 

repeal or amend this chapter, the board shall authorize the department to initiate the applicable regulatory 

process to carry out the decision of the board. 

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

Historical Notes 

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

FORMS (9VAC5-500) 

Exclusionary General Air Permit Document Certification Form, April 24, 1997.