Chapter 80. Permits for Stationary Sources

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 requiremen…

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…

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 department determines tha…

Article 10 Permit Application Fees for Stationary Sources A. Except as provided in subsection C of this section, the provisions of this article apply to permit applications as follows: 1. Permit applications subject to review under the provisions of Article 1 (9VAC5-80-50 et seq.…

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection D of this section. B. As used in this article, all words and terms no…

A. Any person submitting a permit application subject to this article shall pay a permit application fee in the amount determined in accordance with 9VAC5-80-2280 or 9VAC5-80-2282, as appropriate. B. Permit application fees collected pursuant to this article for sources subject t…

Each permit application subject to this article that is received by the appropriate regional office prior to January 1, 2018, shall be subject to a permit application fee. The amount of the application fee shall be calculated as follows: 1. The amount of the permit application fe…

A. Each permit application subject to this article that is received by the appropriate regional office on or after January 1, 2018, shall be subject to a permit application fee. The amount of the application fee shall be calculated as follows: 1. The amount of the permit applicat…

A. The permit application fee required by this article is due on the date that the permit application is received by the appropriate regional office of the department. The permit application fee is nonrefundable. Incomplete payment shall be deemed as nonpayment. B. The permit app…

A. Significant modification procedures shall be used for applications requesting permit modifications that do not qualify as minor permit modifications under 9VAC5-80-210 or 9VAC5-80-220 or as administrative amendments under 9VAC5-80-200. Significant modification procedures shall…

(Repealed.)

Article 11 Annual Permit Maintenance Fees for Stationary Sources A. Except as provided in subsection C of this section, the provisions of this article apply to any stationary source that has begun normal operation and: 1. The stationary source is subject to the provisions of a pe…

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection D of this section. B. As used in this article, all words and terms no…

A. The owner of any stationary source subject to this article shall pay an annual permit maintenance fee in the amount determined in accordance with 9VAC5-80-2340 or 9VAC5-80-2342, as appropriate. B. Annual permit maintenance fees collected pursuant to this article for sources su…

A. Prior to January 1, 2018, each stationary source subject to this article shall be assessed an annual permit maintenance fee. B. The amount of the permit maintenance fee shall be calculated as follows: 1. The amount of the annual permit maintenance fee shall be the largest appl…

A. On and after January 1, 2018, each stationary source subject to this article shall be assessed a permit maintenance fee on an annual basis. B. The amount of the annual permit maintenance fee shall be calculated as follows: 1. The amount of the annual permit maintenance fee sha…

A. Upon determining that the owner of a stationary source owes an annual permit maintenance fee, the department will mail or send electronically a bill for the fee to that owner no later than August 1. B. Within 30 days following the date of the postmark or electronic submittal o…

A. A permit shall be reopened and revised under any of the conditions stated in 9VAC5-80-110 L. 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 re…

(Repealed.)

A. In the event of a malfunction, the owner may demonstrate that the conditions of subsection B of this section are met. B. The permittee may, through properly signed, contemporaneous operating logs, or other relevant evidence, show the following: 1. A malfunction occurred and th…

A. General provisions shall be as follows: 1. Pursuant to § 10.1-1322 of the Code of Virginia, failure to comply with any condition of a permit shall be considered a violation of the Virginia Air Pollution Control Law. 2. A permit may be revoked or terminated prior to its expirat…

A. Except for modifications qualifying for minor permit modification procedures and administrative permit amendments, draft permits for initial permit issuance, significant modifications, and renewals shall be subject to a public comment period of at least 30 days. The department…

A. The department shall allow, under conditions specified in this section, operational flexibility changes at a source that do not require a revision to be made to the permit in order for the changes to occur. Such changes shall be classified as follows: (i) those that contravene…

A. The following requirements apply with respect to transmission of information to the administrator: 1. The department shall provide to the administrator a copy of each permit application (including any application for permit modification), each proposed permit, and each final p…

(Repealed.)

A. Upon the request of an applicant, any requirement of any regulation of the board (other than any requirement that is a federal applicable requirement) may be included as an applicable state requirement in a permit issued under this article. B. If the applicant chooses to make …

(Repealed.)

Article 2 Permit Program Emissions Fees for Stationary Sources A. Except as provided in subsection C of this section, the provisions of this article apply to the following stationary sources: 1. Any major source. 2. Any source, including an area source, subject to a standard, lim…

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section. B. As used in this article, all words and terms no…

A. The owner of any source subject to this article shall pay an annual permit program emissions fee. B. Permit program emissions fees collected pursuant to this article for sources subject to Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part shall n…

A. For annual permit program emissions fees due prior to January 1, 2018, the annual permit program emissions fee shall not exceed the base year amount of $31.22 per ton of emissions, as provided in subsection B of Item 365 of the 2012 Appropriation Act adjusted annually by the C…

A. On and after January 1, 2018, the amount of the annual permit program emissions fee shall be calculated as follows: 1. The amount of the annual permit program emissions fee (consistent with the need to cover reasonable costs) for each applicable source shall be the annual perm…

A. During the public comment period on a permit action, in those instances where a public hearing is not mandatory under state or federal law or regulation, interested persons may request a public hearing to contest such action or the terms and conditions thereof. The public part…

A. Upon determining that the owner owes an annual permit program emissions fee, the department shall mail a bill for the fee to that owner no later than August 1 unless the governor determines that fees are needed earlier for Virginia to maintain primacy over the program, as prov…

(Repealed.)

A. Except as provided in subsection C of this section, the provisions of this article apply to any affected source that has an affected unit under the provisions of 9VAC5-80-380. B. The provisions of this article apply throughout the Commonwealth of Virginia. C. The provisions of…

At each regular meeting of the board, the department will provide an overview and update regarding any controversial permits pending before the department. Immediately after such presentation by the department, the board will have an opportunity to respond to the department's pre…

As used in this article and related permits and orders issued by the department, all words and terms not defined herein shall have the meaning given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless the context clearly indicates otherwise; otherwise, words and terms shall ha…

A. Each of the following units shall be an affected unit, and any source that includes such a unit shall be an affected source, subject to the requirements of the acid rain program: 1. A unit listed in Table 1 of 40 CFR 73.10(a). 2. A unit that is listed in Table 2 or 3 of 40 CFR…

A. This section applies to any new utility unit that serves one or more generators with total nameplate capacity of 25 MWe or less and burns only fuels with a sulfur content of 0.05% or less by weight, as determined in accordance with subdivision D 1 of this section. B. The desig…

(Repealed.)

A. This section applies to any affected unit (except for an opt-in source) that is permanently retired. B. The following provisions apply: 1. Any affected unit (except for an opt-in source) that is permanently retired shall be exempt from the acid rain program, except for the pro…

A. No permit may be issued pursuant to this article until the article has been approved by the administrator, whether full, interim, partial, for federal delegation purposes, or otherwise. B. If requested in the application for a permit or permit renewal submitted pursuant to thi…

A. The following requirements apply to affected sources and affected units subject to this article: 1. The designated representative of each affected source and each affected unit at the source shall: a. Submit a complete acid rain permit application (including a compliance plan)…

A. A single application is required identifying each emission unit subject to this article. The application shall be submitted according to the requirements of this section, 9VAC5-80-440 and procedures approved by the department. Where several emissions units are included in one …

A. The department shall furnish application forms to applicants. B. Each application for a permit shall include, but not be limited to, the information listed in subsections C through K of this section. C. Identifying information as follows shall be included: 1. Company name and …

A. Before rendering a final decision on a controversial permit, the department shall hold an additional public hearing in accordance with subdivisions 1 through 3 of this subsection except as provided in subdivision 4 of this subsection: 1. Publish a summary of public comments re…