Virginia Regulatory Town Hall
Agency
Department of Environmental Quality
Board
Air Pollution Control Board
 
chapter
Permits for Stationary Sources [9 VAC 5 ‑ 80]
Guidance Documents
Chapter Information
Description Establishes new source review permit programs (prevention of significant deterioration areas, nonattainment areas, minor sources and hazardous air pollutants) requiring permit issuance prior to construction of a new or expansion of an existing facility. Establishes a federal operating permit program (Title V) for a renewable permit for regulated major facilities and a state operating permit program for source specific regulatory requirements.
State Authority Section 10.1-1308 of the Code of Virginia
Federal Authority Clean Air Act (Sections 110, 112, 165, 173, 182 and Title V)

40 Code of Federal Regulations, Parts 51, 61, 63, 70 and 72
Exempt from APA No, changes to this chapter are subject to the Administrative Process Act.
Text of Regulation Link to Virginia Administrative Code
Goals of Regulation To protect public health and/or welfare with the least possible cost and intrusiveness to the citizens and businesses of the Commonwealth.

To enhance the department's ability to ensure compliance with all applicable federal requirements under the Clean Air Act and specific requirements under the state code through the issuance and enforcement of federal (Title V) operating permits.

To identify and clarify for the Department and source owner exactly which air quality program requirements are applicable to the permitted source through the issuance and enforcement of federal (Title V) operating permits.

To provide an administratiave mechanism to impose source-specific regulatory requirements with the flexibility to address the individual needs of sources through the issuance and enforcement of state operating permits.

To provide a mechanism to administer certain air quality control program requirements without the need for federal oversight through the issuance and enforcement of state operating permits.

To prevent the contruction, modification, or operation of facilities that will prevent or interfere with the attainment or maintenance of any ambient air quality standard through the issuance and enforcement of new source review permits.

To ensure that new facilities or expansions to existing facilities will be designed, built, and equipped to operate without causing or exacerbating a violation of any ambient air quality standard through the issuance and enforcement or new source review permits.

To ensure that new facilities or expansions to existing facilities will be designed, built, and equipped to comply with case-by-case control technology determinations and other requirements through the issuance and enforcement of new source review permits.

To prevent the construction, modification, or operation of major facilities that will not use maximum achievable control technology to limit emissions of hazardous air pollutants through the issuance and enforcement of new source review permits.

To ensure that there is no significant deterioriation of air quality throughout the Commonwealth through the issuance and enforcement of new source review permits for new major facilities or major expansions locating in prevention of significant deterioration areas.

To ensure that emission increases from new major facilities or major expansions to existing facilities are offset by emission reductions from existing facilities by an equal or greater amount through the issuance and enforcement of new source review permits for new major facilities or major expansions locating in nonattainment areas.
Meetings See all meetings (23) relating to this chapter.

Contact Information
Name / Title: Karen G. Sabasteanski 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address: karen.sabasteanski@deq.virginia.gov
Telephone: (804)659-1973    FAX: ()-    TDD: ()-
Current Actions
Action Title Latest Stage Status
Electronic postmarks (Rev C23) Fast-Track Stage complete. Becomes effective on 04/11/2024.

Past Actions
Action Title Latest Stage Status
Revise regulations to implement new requirements for transfer of authority and requests for certain public hearings (Revision D22)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 11/23/2022.
Permits and Variances for Stationary Sources, Localities Particularly Affected (Rev. E20)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 11/11/2020.
Nonattainment New Source Review (Revision B19)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 03/04/2020.
Title V Program Fees (Revision K16) Final Stage complete. This regulation became effective on 01/01/2018.
Amendments to Implement the 2012 PM2.5 Standard
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 05/17/2017.
Amend federal operating (Title V) permit regulations to remove an impermissible affirmative defense (Rev. E16)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 11/16/2016.
Major New Source Review (Revision D14) Fast-Track Stage complete. This regulation became effective on 08/13/2015.
Major New Source Review, PM 2.5 (Rev. A14)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 06/04/2014.
Minor NSR Nonroad Engine Definition (Rev. G13) Fast-Track Stage complete. This regulation became effective on 03/27/2014.
Major New Source Review (Rev. A13)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 05/22/2013.
Title V Fees (Rev. D12)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 07/01/2012.
Major New Source Review Permits (Rev. A11)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 08/17/2011.
Major Source Permits (Revision L07)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 03/02/2011.
Permits for New and Modified Sources (Rev. H05) Final Stage complete. This regulation became effective on 11/07/2012.
Permit Actions Before the Board (Rev. F09)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 11/12/2009.
Permits Before the Board (Rev. B09)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 06/24/2009.
Major New Source Review, Combining Permits (Rev. C08) Fast-Track Stage complete. This regulation became effective on 07/23/2009.
Permit Actions Before the Board (Rev. G08)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 12/31/2008.
Minor New Source Review (Rev. J08)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 12/31/2008.
Major NSR Permits, NOx (Rev. A08)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 12/31/2008.
Major New Source Review Reform (Rev. E03) - NEW FINAL
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 09/01/2006.
Permit Application Fees (Rev. L04)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 12/01/2004.
Ozone Transport Region (Revision G04)
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 12/01/2004.
Permit Application Fees
Action is Exempt from Article 2 of the Administrative Process Act
Final Stage complete. This regulation became effective on 07/01/2004.
Rev. YY - New and Modified Source Review Final Stage complete. This regulation became effective on 09/01/2002.
D00 - Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas Final Stage complete. This regulation became effective on 05/01/2002.
Rev. K97 - Federal Operating Permits and Permit Program Fees for Stationary Sources; Acid Rain Operating Permits; and Insignificant Activities Final Stage complete. This regulation became effective on 07/18/2001.
Rev. J97 - New Source Review for Hazardous Air Pollutants Final Stage complete. This regulation became effective on 02/01/2000.

Withdrawn Actions
Action Title Latest Stage Status
Develop parameters for implementing the site suitability criteria/factors of state law for permits and variances (Rev. G20) NOIRA Stage withdrawn on 12/02/2022 after the comment period had ended.
Permits for New and Modified Sources (Rev. K04) - ACTION WITHDRAWN Fast-Track Stage withdrawn on 10/04/2005 after submission to the Registrar.

Periodic Reviews
Last Activity Status
9/18/2020 Agency Completed Retain As Is
10/25/2018 Agency Completed Retain As Is
8/27/2014 Agency Completed Retain As Is
3/15/2013 Agency Completed Retain As Is
7/13/2001 Agency Completed Retain As Is