Virginia Regulatory Town Hall
Department of Environmental Quality
Air Pollution Control Board
Permits for Stationary Sources [9 VAC 5 ‑ 80]
Action is Exempt from Article 2 of the Administrative Process Act
Minor New Source Review (Rev. J08)
General Information
Action Summary The provisions related to the applicability test for modifications have been changed from the actual-to-potential emissions test to an uncontrolled-to-uncontrolled emission rate test. This involves (i) deleting the definition of "actual emissions," which contains the actual-to-potential test, and adding a new definition for "uncontrolled emission rate," and (ii) replacement of the text, "actual emissions" with the text, "the uncontrolled emission rate" throughout the regulation. The provisions related to alternative fuels and air emissions have been updated to be consistent with ยง10.1-1322.4 and provide an exception from the requirement to submit the exemption demonstration for certain fuels. These provisions have also been restructured somewhat to ensure no conflict with federal law or regulation.
Chapters Affected Only affects this chapter.
Executive Branch Review This Action is exempt from Article 2 of the Administrative Process Act. The normal executive branch review process is not required. As such, it can be submitted directly for publication and is effective upon publication.
Exempt Citation: Section 2.2-4006 A 4 a of the Code of Virginia
RIS Project Yes  [001638]
Associated Mandates Alternative fuels & air emissions; no permit modifications, etc. required under certain conditions
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
4890 Final Stage complete. This regulation became effective on 12/31/2008.
Contact Information
Name / Title: Karen G. Sabasteanski 
Address: 1111 East Main Street, Suite 1400
P.O. Box 1105
Richmond, VA 23218
Email Address:
Phone: (804)659-1973    FAX: ()-    TDD: ()-

This person is the primary contact for this chapter.