The majority of permits issued in Virginia are minor new source review (NSR) permits. The minor NSR permit program applies to the construction of any new stationary source or any project (which includes any addition or replacement of an emissions unit, any modification to an emissions unit or any combination of these changes) that will emit regulated air pollutants above the exemption thresholds listed in 9VAC5-80-1105 C or D of state regulations or that will require a permit via 9VAC5-80-1105 E or F. If a permit is required, it must be obtained before any activity on the project can begin.

Minor NSR permits can also be used to limit the emissions of a facility below major stationary source thresholds by limiting the uncontrolled emission rate of regulated air pollutants with practically and federally enforceable permit conditions.

Permit Applicability

A facility will need a minor NSR permit if uncontrolled emissions of equipment and process units are above exemption levels listed in:

1. For criteria pollutants: 9VAC5-80-1105 C (new sources) and D (projects)
   AND
2. For toxics: 9VAC5-80-1105 E (toxic exemption levels)

Minor NSR permits are for facilities that emit less than 100 tons per year of any criteria pollutant (PM, PM10, PM2.5, CO, NOX, SO2, and VOC) and for facilities that emit toxic pollutants more than state toxic exemption levels. The criteria pollutant exemption levels are as follows:

Uncontrolled Emissions

Uncontrolled emissions are the emissions from an emissions unit when:

• operating at maximum capacity
• without air pollution control equipment
• based on 8,760 hours of operation per year (or an enforceable permitted throughput condition)

Uncontrolled emissions are calculated by taking the maximum rated capacity of the emission unit, multiplying it by an emission factor, and multiplying it by 8,760 hrs/yr (or an enforceable permitted throughput condition) and dividing by 2000 lbs/ton. An emission factor is the relationship between the amount of pollution produced and the amount of raw material processed or number of product units produced (for example, lb/MMBtu, lb/ton, etc.). Emission factors can be AP-42 factors, manufacturer specifications, and/or stack test data.

All the uncontrolled emissions for each pollutant are calculated and added together for each piece of equipment and each process unit at the facility. The total emissions are then compared to the exemption levels stated above. If uncontrolled emissions are below those levels, then it is exempt. If uncontrolled emissions are above those levels, then the facility needs a minor NSR permit. The facility may contact the appropriate DEQ regional office (i.e. the region where the facility is/will be located) for help in determining if you are exempt or need a minor NSR permit.

Note: Facilities can also be exempt by size and/or type of equipment per 9VAC5-80-1105 B of state regulations.

Expiration of Permit

Minor NSR permits do not expire and remain in effect until a project (which includes any addition or replacement of an emissions unit, any modification to an emissions unit or any combination of these changes) takes place at the facility.

Application Fees

• Sources subject to Title V permitting requirements would submit Application fee for a minor new source review permit.
• Sources subject to Synthetic Minor permitting requirements would submit Application fee for a minor new source review permit.
• See the Air Permit Application Fee Form for fee amounts.

Public Participation Requirements

Minor NSR permits do not have to go through public participation (i.e. 30 day public comment period and a public hearing) unless the facility has the potential for public interest concerning air quality issues, as determined by the board in its discretion.

Time Frames

• Completeness review: 30 days from receipt of application.
• Processing of application: 90 days from receiving a complete application; 180 days from receiving a complete application if public participation is required.

To start the application process

• Complete a Form 7 application (or Forms 7A, 7B, or 7C for specific types of facilities). Please note-only complete the pages that apply to your facility. (The first page of the application states which pages need to be filled out for specific units.)
• For new greenfield facilities, include a signed Local Governing Body Certification Form, which is located in the Form 7 (or 7A, 7B, or 7C) application.
• Include any emissions data, stack test data, and/or emission factors for your equipment and process units.
• Send the completed Form 7 application (with cover letter and other documents) to the appropriate regional office.

Title V major facilities that are not Prevention of Significant Deterioration (PSD) facilities are commonly referred to as “state majors”. State major facilities are facilities that emit more than 100 tons per year, but less than 250 tons per year, of any criteria pollutant (PM, PM₁₀, PM_2.5, CO, NO_X, SO₂, and VOC) and are not listed in the 28 categories under “major stationary source” as defined in 9VAC5-80-1615. State major permits are issued through the same regulations as minor NSR permits (i.e. Article 6) and must be obtained before any activity on an applicable project can begin.

State major permits can be used to keep a facility below the PSD major stationary source thresholds by establishing practically and federally enforceable permit conditions that limit a facility’s uncontrolled emissions.

Permit Applicability

Permit applicability for state major permits, like permit applicability for minor new source review (NSR) permits, is based on uncontrolled emissions. State major permits are for Title V major facilities that are not Prevention of Significant Deterioration (PSD) major facilities. They are facilities that emit more than 100 tons per year, but less than 250 tons per year, of any criteria pollutant (PM, PM₁₀, PM_2.5, CO, NO_X, SO₂, and VOC) and are not listed in the 28 categories under “major stationary source” as defined in 9VAC5-80-1615.

Expiration of Permit

State major permits do not expire and remain in effect until a project (which includes any addition or replacement of an emissions unit, any modification to an emissions unit or any combination of these changes) takes place at the facility.

Application Fees

See the Air Permit Application Fee Form for fee amounts.

Public Participation Requirements

State major permits must go through public participation (i.e. 30 day public comment period and a public hearing).

Within 15 days after receiving the completeness review letter from the Department, it is the responsibility of the facility to notify the public of the proposed application by placing an ad in at least one newspaper of general circulation in the affected air quality control region where the facility will be located.

Time Frames

For facilities that are not controversial:

• Completeness review: 30 days from receipt of application
• Processing of application: 180 days from receiving a complete application

Note: In addition, if an Air Pollution Control Board decision is required, it may add 60 days; federal land manager review may add another 30 days.

Application Process

• Fill out a complete Form 7 application. Only complete pages applicable to the facility. (The first page of the application states which pages need to be filled out for specific units.)
• For new greenfield facilities, include a signed Local Governing Body Certification Form.
• Include any emissions data, stack test data, and/or emission factors for your equipment and process units.
• Include criteria pollutant and/or toxic pollutant modeling.
• Include the permit application fee form.
• Send the completed Form 7 application (with cover letter and other documents) to the appropriate regional office.

General Permits are permits that are developed (through a regulatory development process) for specific source categories that have similar pieces of equipment and similar control requirements. Like minor new source review (minor NSR) permitting, general permits are for facilities that will emit regulated air pollutants above the exemption thresholds listed in 9VAC5-80-1105 of state regulations but less than 100 tons per year (9VAC5, Chapter 80, Article 6). The permit must be obtained before any activity on the project can begin. The facility has the option of getting a general permit or going through the regular minor NSR permitting process. Virginia currently has four general permit categories:

1. Non-Metallic Mineral Processing General Permit
2. Biomass Pilot Test Facility General Permit
3. Voluntary Demand Response Generator General Permit
4. Emergency Generator General Permit

Non-Metallic Mineral Processing General Permit

Permit Applicability

To qualify for the Non-Metallic Mineral Processing General Permit, the facility must meet the following:

• must be a non-metallic mineral processing facility with corresponding Standard Industrial Classification codes listed in 9VAC5-510-170
• actual emissions for PM10 must be below 99 tons (If PM10 cannot be quantified then PM should be used
• total primary crushing capacity should not exceed 5,000 tons per hour
• total fuel oil consumed should not exceed 331,022 gallons per year

Expiration of Permit

General permits do not expire except if the general permit is modified and re-issued by the Department. At that time, the facility has a year from re-issuance of the general permit to apply and receive the new general permit.

Application Fees

Public Participation Requirements

General permits do not have to go through public participation.

Time Frames

A response to each application for coverage under the general permit will be provided within 30 days.

Application Process

• Fill out the following forms: a complete Form 510-1 application and Form 510-2 application spreadsheet. If the facility includes a diesel engine, fill out a complete Form 510-3 application spreadsheet.
• For new greenfield facilities, include a signed Local Governing Body Certification Form, which is located in the Form 7 application.
• Send all of the completed application and application spreadsheets (with cover letter and other documents) to the appropriate regional office.

Biomass Pilot Test Facility General Permit

Permit Applicability

To qualify for the Biomass Pilot Test Facility General Permit, the facility must meet the following:

• Must be a facility using a biomass material where the air emissions are unknown
• Must be a new greenfield source (new after May 25, 2011)
• Must be a minor source (not subject to the provisions of Article 1, 3, 7, 8, or 9 of Part II of 9VAC5-80 (Permits for Stationary Sources))
• Cannot be subject to Section 129 of the Clean Air Act, i.e. cannot be an incinerator
• Must generate 5 MW or less of electricity, or that produces the equivalent amount of energy in the form of fuel, steam, or other energy product that is generated or produced solely from biomass; and that is sold to an unrelated person or stationary source or used in a manufacturing process

Expiration of Permit

General permits do not expire except if the general permit is modified and re-issued by the Department. At that time, the facility has a year from re-issuance of the general permit to apply and receive the new general permit.

Application Fees

$50 Application fee

Public Participation Requirements

General permits do not have to go through public participation.

Time Frames

A response to each application for coverage under the general permit will be provided within 30 days.

Application Process

• Fill out a complete Form 520 application.
• Fill out the Local Governing Body Certification Form located in the Form 520 application.
• Include proof of application fee paid.
• Send all of the completed application and application spreadsheets (with cover letter and other documents) to the appropriate regional office.

Voluntary Demand Response Generator General Permit

Permit Applicability

To qualify for the Voluntary Demand Response Generator General Permit, the facility must meet the following:

• Must be a stationary internal combustion engine that participates in a nonemergency voluntary demand response program (i.e., load curtailment, demand response, peak shaving or like program).
• Must be a new or modified source (after Aug. 17, 2011).
• Must be a minor source (not subject to the provisions of Article 1, 3, 7, 8, or 9 of Part II of 9 VAC 5-80 (Permits for Stationary Sources)).
• Must have an aggregate rated electrical power output less than or equal to:
  • For compression ignition (CI) engines in Attainment or Nonattainment Areas: 58,886 kW (78,966 bhp)
  • For spark ignition (SI) engines in an Attainment Area: 60,970 kW (81,761 bhp)
  • For spark ignition (SI) engines in a Nonattainment Area: 37,750 kW (50,623 bhp)

Expiration of Permit

General permits do not expire except if the general permit is modified and re-issued by the Department. At that time, the facility has a year from re-issuance of the general permit to apply and receive the new general permit.

Application Fees

No application fee.

Public Participation Requirements

General permits do not have to go through public participation.

Time Frames

A response to each application for coverage under the general permit will be provided within 30 days.

Application Process

• Fill out a complete Form 530 application.
• Fill out the Local Governing Body Certification Form located in the Form 530 application.
• Send all of the completed application and the application spreadsheets (with a cover letter and any other documents) to the appropriate regional office.

Emergency Generator General Permit

Permit Applicability

To qualify for the Emergency Generator General Permit, the facility must meet the following:

• Must be a stationary internal combustion engine that operates only during an emergency, required maintenance or operability and emissions testing.
• Must be a new or modified source (after Aug. 17, 2011).
• Must be a minor source (not subject to the provisions of Article 1, 3, 7, 8, or 9 of Part II of 9 VAC 5-80 (Permits for Stationary Sources)).
• Must have an aggregate rated electrical power output less than or equal to:
  
  
  • For spark ignition (SI) engines in an Attainment Area: 23,535 kW (31,560 bhp)
           
  • For spark ignition (SI) engines in a Nonattainment Area: 13,115 kW (17,587 bhp)
          
  • For compression ignition (CI) engines in an Attainment Area, see table below:

For compression ignition (CI) engines in a Nonattainment Area, see table below:

Expiration of Permit

General permits do not expire except if the general permit is modified and re-issued. At that time, the facility has a year from re-issuance of the general permit to apply and receive the new general permit.

Application Fees

No application fee.

Public Participation Requirements

General permits do not have to go through public participation.

Time Frames

A response to each application for coverage under the general permit will be provided within 30 days.

Application Process

• Fill out a complete Form 540 application.
• Fill out the Local Governing Body Certification Form located in the Form 540 application
• Send all of the completed application and application spreadsheets (with cover letter and other documents) to the appropriate regional office.

Prevention of Significant Deterioration (PSD) Permit

PSD permits are required by any major new source that is being constructed and any project at an existing major source that results in a significant net emission increase. PSD permitting requirements may also be triggered if an existing minor source makes a modification that results in the facility becoming major. A major source is any source with the potential to emit over 250 tons per year (tpy) of a single criteria pollutant or is in one of the listed source categories under 9VAC5-80-1615 and has the potential to emit over 100 tpy of any criteria pollutant. In addition, any source that has the potential to emit over 100,000 tpy of CO2 equivalent (CO2e) is also considered a major source (9VAC5-85 Part IIl). PSD permits are issued in areas that are in attainment of the National Ambient Air Quality Standards. The PSD permit requires the source to perform an air quality analysis and to install Best Available Control Technology (BACT).

Permit Applicability

Any person or entity within Virginia intending to construct a new air pollution source; or to modify, relocate or reactivate an existing source that will emit 250 tons per year of any regulated pollutant; or are one of 28 specific industries listed below and will emit 100 tons per year (tpy) of a regulated pollutant:

1. Fossil fuel-fired steam electric plants of more than 250 million Btu per hour heat input
2. Coal cleaning plants with thermal dryers
3. Kraft pulp mills
4. Portland cement plants
5. Primary zinc smelters/li>
6. Iron and steel mill plants
7. Primary aluminum ore reduction plants
8. Primary copper smelters
9. Municipal incinerators capable of charging more than 250 tons of refuse per day
10. Hydrofluoric acid plants
11. Sulfuric acid plants
12. Nitric acid plants
13. Petroleum refineries
14. Lime plants
15. Phosphate rock processing plants
16. Coke oven batteries
17. Sulfur recovery plants
18. Carbon black plants (furnace process)
19. Primary lead smelters
20. Fuel conversion plants
21. Sintering plants
22. Secondary metal production plants
23. Chemical process plants
24. Fossil fuel boilers (or combinations thereof) totaling more than 250 million Btu per hour heat input
25. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels
26. Taconite ore processing plants
27. Glass fiber processing plants
28. Charcoal production plants

Legal Authority

• Federal Clean Air Act
• Virginia Code Section 10.1-1300 et. seq.
• Virginia Administrative Code 9VAC5-50-10 et seq., 9VAC5-60-10 et seq., 9VAC5-80-1605 et seq. and 9VAC5-80-2000 et seq.

Expiration of Permit

The permit remains in effect until further modifications are made, the source is relocated or the permit expires due to a lack of construction activity.

Application Fees

See the Air Permit Application Fee Form for the fee amount.

Public Participation Requirements

One or more public hearings are required in all cases. Applicant is required to publish a newspaper notice of the project and to conduct a public information meeting.

Time Frames

Review of application may take up to 12 months.

Typical requirements of a permit

Stationary sources in a PSD area must be designed so that any additional emissions will not exceed the increment of pollution allowed for the area. Provisions required for a minor source permit would also be required as a minimum.

Application Process

Contact the appropriate DEQ regional office for your location. To be considered complete an application must:

• demonstrate that the design incorporates the "best available control technology" or BACT
• present evidence that local zoning requirements are satisfied
• submit one year of meteorological and air quality data, needed for detailed analyses of probable existing air quality, visibility, soils and vegetation. Some or all of the necessary data may be available in some areas of the state, but it may need to be collected by the applicant in other areas. Extensive predictive modeling of emissions from both proposed and existing sources must be provided by the applicant using pre-approved procedures.
• include proof of application fee paid

Prevention of Significant Deterioration (PSD) Manual - Draft

New major Prevention of Significant Deterioration (PSD) sources and major modifications to existing PSD sources are required to undergo major new source review and obtain a permit before commencing construction. The purpose of the major new source review manual is to assist air permitting staff in performing the major new source review in accordance with 9VAC5 Chapter 80, Part II, Article 8.

Nonattainment Permit

Nonattainment permits are required by any major new source that is being constructed in a nonattainment area and is major for the pollutant for which the area is in nonattainment. Nonattainment permitting requirements may also be triggered if an existing minor source makes a modification that results in the facility being major for the pollutant for which the area is in nonattainment. A major source is any source with potential to emit over 250 tpy of a single criteria pollutant or is in one of the listed source categories under 9VAC5-80-2010 and the potential to emit over 100 tpy of any criteria pollutant. However, if any area is in nonattainment for a specific pollutant, the major source threshold may be lower for that pollutant. For example, sources locating in the Northern Virginia Ozone Nonattainment Area which are part of the Ozone Transport Region would be a major source if they have the potential to emit more than 100 tpy of NO_X and/or 50 tpy of VOC regardless of source category. Nonattainment permits do not require an air quality analysis but require a source to control to the Lowest Achievable Emission Rate (LAER) and to obtain offsets.

Nonattainment NSR Manual - Draft

New major sources and major modifications to existing major sources in nonattainment areas or in the Ozone Transport Region (OTR) are required to undergo nonattainment major new source review (nonattainment NSR) and obtain a permit before commencing construction. The purpose of the nonattainment NSR manual is to assist air permitting staff in performing the nonattainment NSR in accordance with 9VAC5 Chapter 80, Part II, Article 9.

An Article 7 permit is a preconstruction review permit (case-by-case Maximum Achievable Control Technology (MACT) determination) for the construction or reconstruction of any stationary source or emission unit that has the potential to emit, considering controls:

• 10 tons per year or more of any individual hazardous air pollutant (HAP)

OR

• 25 tons per year or more of any combination of HAPs

UNLESS

• the stationary source or emission unit is regulated by a MACT standard or the stationary source is within a source category that has been deleted from the source category list. HAP is any air pollutant listed in § 112(b) of the federal Clean Air Act, as amended by 40 CFR 63.60. If a permit is required, it must be obtained before any activity on the project can begin.

Permit Applicability

A New and Reconstructed Major Source of Hazardous Air Pollutants Permit is also known as an Article 7 permit. It is a preconstruction review permit for a new or reconstructed facility or emissions unit with controlled emissions over 10 tons per year of an individual hazardous air pollutant (HAP) or 25 tons per year or more of any combination of HAPs. New or reconstructed facilities or emission units regulated by a promulgated MACT standard are not subject to Article 7 permitting. DEQ document APG-452 provides additional guidance for determining Article 7 (112 g) permitting applicability.

Facilities or emission units not subject to Article 7 permitting may be subject to minor New Source Review (NSR) permitting (Article 6).

Expiration of Permit

Article 7 permits do not expire and remain in effect until a reconstruction or modification takes place at the facility or an applicable MACT standard is promulgated. Facilities that become subject to a promulgated MACT standard after the Article 7 permit is issued have eight years to comply with the MACT standard if the MACT standard is more stringent than the standard established under the Article 7 permit.

Application Fees

See the Air Permit Application Fee Form for fee amounts.

Public Participation Requirements

Within 15 days after receiving the initial determination notification from DEQ, the applicant is required to notify the public of the proposed source by placing a public notice in at least one newspaper of general circulation in the affected area. The applicant is also required to hold an informational briefing in the locality where the source is or will be located.

Article 7 permit applications are subject to a public comment period of at least 30 days. At the end of the public comment period, a public hearing must be held.

Details of the public participation requirements can be found in 9VAC5-80-1460.

Time Frames

• Completeness review: 45 days from receipt of application
• Processing of application: normally 180 days from receiving a complete application

Note: If an Air Pollution Control Board decision is required, it may add 60 days to the processing time.

Application Process

• Fill out a complete Form 7 application. Please note that the facility only has to fill out the pages that apply. (The first page of the application states which pages need to be filled out for specific units.)
• For new greenfield facilities, include a signed Local Governing Body Certification Form.
• Detailed application requirements are located in 9VAC5-80-1440.
• Include proof of application fee paid.
• Send the completed Form 7 application (with cover letter and other documents) to the appropriate regional office.

Title V Operating Permit

Facilities which have the potential to emit air pollutants above the major source thresholds, listed in 9VAC5-80-60, or area sources of hazardous air pollutants, not explicitly exempted by EPA, are required to obtain a federal operating permit referred to as a Title V Operating Permit (Title V). A list of area sources either specifically required or exempted from obtaining a Title V permit is maintained by EPA. Sources which have already been constructed (existing sources) with a potential to emit greater than major source thresholds should already have a Title V permit. Sources which are being constructed or will be constructed (new sources) and have a potential to emit greater than major source thresholds must submit an application within 12 months of commencing operation. Sources which have taken a federally enforceable emission limit to avoid Title V (synthetic minor sources) may become subject to Title V from increased production, or the installation of new emission units. A facility may also become applicable to the Title V permitting requirements from an expansion of non-attainment areas. A non-attainment area designation of Severe or Serious has a lower major stationary source threshold for Title V applicability for specific pollutants for which the area is non-attainment. As a result, more sources may be required to have Title V permits.

It is possible for a Title V source to become non-Title V by taking federally enforceable limits on the pollutants for which the source is major. Taking a federally enforceable limit on pollutants may be an option for a source to consider if emissions have decreased to below major source thresholds.

Permit Applicability

Facilities with the potential to emit (PTE), the maximum capacity of a source to emit a pollutant under its physical and operational design, over the major source thresholds, listed in 9VAC5-80-60, are required to obtain a Title V permit. Air pollution control equipment and restrictions on hours of operation or on the type or amount of fuel combusted, stored or processed, can be treated as part of the facility’s design, limiting the source’s PTE, if the limitation or the effect it would have on emissions is federally enforceable.

A Greenfield facility (newly constructed) will need to apply for a Title V permit within 12 month of commencing operation if the facility has the potential to emit emissions above 100 tons per year (tpy) for criteria pollutants, 10 tpy of a single hazardous pollutant or 25 tpy of combined hazardous pollutants from the source. A Title V permit is also required for some facilities designated as area sources of hazardous pollutants as specified in the applicable Maximum Available Control Technology (MACT) regulations for that source category. A list of area sources either required or exempted from obtaining a Title V permit is maintained by EPA.

Expiration of Permit

Title V Permits have a maximum permit term of 5 years from the issuance date.

Application Fees

See the Air Permit Application Fee Form for fee amounts.

Public Participation Requirements

Title V permits are required to be noticed to the public, EPA and affected states (states located within 50 miles of the source). Notices are placed in a locally available newspaper which announces the 30 day public comment period and, if necessary, a public hearing. The Title V permit is also reviewed by EPA, which has 45 days to review the draft permit. The review time is usually concurrent with the 30 day public comment period. However if substantial comments are received by either the public or EPA, the 45 day review period will be restarted after the comments have been addressed.

Time Frames

Title V permit processing times will generally follow the time frames listed below. Permits generating significant public interest may take longer to process to allow for additional public hearings and for the comments received to be addressed.

• Application completeness review: 60 days
• Processing of complete application: 18 months

Application Process

A pre-application meeting with the appropriate DEQ regional office for guidance on what information is needed for a complete application can be scheduled if needed. A complete application form (Form 805) should then be submitted to the regional office and a completeness determination will be made within 60 days of receipt. For Title V renewals, a complete application must be submitted no earlier than 18 months and no later than 6 months prior to the permit expiration.

Compliance Assurance Monitoring

The Compliance Assurance Monitoring (CAM) rule was promulgated by EPA in 40 CFR Part 64 to ensure a source's compliance with its emission limits by establishing parameters which can be used to assure the accuracy of add-on control equipment. Operational parameters such as temperature, pressure drop, flow rate and electrical voltage are selected and monitored to determine compliance depending on the control device. An indicator range for the parameter is selected to establish a reasonable assurance of compliance. Documentation of the operation of the add-on controls within the indicator ranges is required from the source. Excursions from the indicator ranges must be reported as well as fixing the cause for the excursion in the process.

CAM Applicability

Large Pollutant Specific Emissions Units (PSEU) with an add-on control device and a pre-control device Potential to Emit (PTE) above major source thresholds are required to have a CAM plan. CAM applicability is made on a pollutant by pollutant basis for each PSEU. The only specifically exempted sources from CAM are backup utility generators which are owned by a municipality. To be an exempt utility generator the source must provide documentation in their Title V permit application documenting the following criteria are met:

• the utility is exempt from all monitoring requirements in 40 CFR Part 75
• the utility is operated only for the purpose of peak electrical demand or as an emergency generator
• the actual emissions, based on the annual emissions average over the last three years of operation, are less than 50%, in tons per year, of the amount required to be a major source

PSEU's applicable to CAM can be exempted from submitting a CAM plan if the source is applicable to another standard which requires sufficient monitoring. Sources with exempt emission limitations or standards from CAM Applicability are as follows:

• emission limitations or standards proposed after November 15, 1990 under Section 111 or 112 of the Clean Air Act (Act) for National Emissions Standards for Hazardous Air Pollutants (NESHAPS)
• stratospheric ozone protection requirements under Title VI of the Act
• Acid Rain Program requirements pursuant to Sections 404, 405, 406(a), 407(b) or 410 of the Act
• emissions limitations which apply only under an emissions trading program such as the Acid Rain Program
• emissions limitations for which a Title V permit specifies a continuous compliance determination method. A continuous compliance determination method provides data in units of the emissions limitation or standard or is correlated directly with the compliance limit on a continuous basis.

Monitoring requirements for CAM may be satisfied if the PESU is using a certified Continuous Emissions Monitor (CEM), Continuous Opacity Monitor (COM), or Predictive Emission Monitoring System (PEMS) required under another standard such as a NESHAP requirement. The monitoring must provide an indicator range to assure compliance is being maintained. However the PESU is not considered to be exempted from CAM. If in the future the source is no longer applicable to the standard, and the standard’s monitoring requirements which satisfy the CAM requirements, then a CAM plan will be required to be submitted by the facility.

Article 3 (Title IV) Federal Operating Permits (Acid Rain)

The Title IV Federal Operating Permit or Acid Rain Permit program was implemented to reduce the overall emissions of SO_X and NO_X using a market based approach. The Acid Rain permitting program uses allowances, an authorization to emit one ton of SO_X or NO_X, to implement a cap on emissions. Sources are allowed to buy, sell, trade or bank allowances using the allowance trading market. The source then has an emissions limit equal to the allowances each unit holds without violating any other emissions limit under the Clean Air Act. The number of allowances a source holds can vary if a source actively participates in the allowances market. Virginia does not maintain its own banking system.

Permit Applicability

A source is required to apply for at Title IV permit if the source has a unit in operation which meets one of the following criteria:

• any new utility unit
• a unit with a nameplate generator capacity of greater than 25 Megawatt electricity (MWe) after November 15, 1990
• simple combustion turbines using an auxiliary firing after November 15, 1990
• the unit is listed in Table 1, 2 or 3 of 40 CFR 73.10. Units in Virginia which are affected are listed on Table 2 under Part 1 and Part 2.

A unit does not have to obtain an Acid Rain permit provided the unit meets one of the following criteria:

• the unit is a simple combustion turbine in operation before November 15, 1990
• any unit with a nameplate capacity of less than 25 MWe
• units which have been shutdown and are no longer producing electricity for sale
• non-utility power generating units

Expiration of Permit

Title IV permits have a permit term of 5 years.

Application Fees

Title IV permit application fees are the same as Title V permit application fees. See the Air Permit Application Fee Form for fee amounts.

Public Participation Requirements

Title IV permits are required to undergo the same public participation requirements as Title V permits. These requirements include newspaper notices published in a locally available newspaper, in relation to the source location, announcing the 30 public comment period and, if necessary, a public hearing.

Time Frames

Initial permit applications for an acid rain source are due 24 months before the source begins operating. Renewal permit applications are due 6 months before the expiration of the current permit. Application and permit processing times are as follows:

• Application completeness review: 60 days
• Processing of complete application: 18 months

Application Process

A source is required to register the facility and its affected units with the EPA. The source must then register a designated representative with the EPA; the designated representative must be an actual person named in the application. All correspondence from EPA and DEQ will be addressed to this person. All acid rain sources will be required to submit a Form 805 for the applicable Title V requirements.

A State Operating Permit (SOP) is most often used by stationary sources to establish federally enforceable limits on potential to emit to avoid Title V permitting and/or major source MACT applicability. When a source chooses to use a SOP to limit emissions below major source permitting thresholds, it is commonly referred to as a “synthetic minor” source. SOPs can also be used to implement emissions trading requirements.

The State Air Pollution Control Board, at its discretion, may also issue SOPs to cap the emissions of a stationary source or emissions unit causing or contributing to a violation of any air quality standard or to establish a source-specific emission standard or other requirement necessary to implement the federal Clean Air Act or the Virginia Air Pollution Control Law.

Permit Applicability

The SOP is elective. There is not a requirement for any particular emissions unit or stationary source to get a state operating permit. State operating permits are either issued at the request of the owner or at the discretion of the Department.

How a State Operating permit is used

SOPs that are issued at the request of the owner can be used to do the following:

• to designate a stationary source or emissions unit as a synthetic minor or area stationary source
• to implement emissions trading requirements

SOPs issued at the discretion of the Department can be used to do the following:

• to cap the emissions of a stationary source or emissions unit causing or contributing to a violation of any air quality standard; or
• to establish a source-specific emission standard or other requirements necessary to implement the federal Clean Air Act or the Virginia Air Pollution Control Law

The following common activities typically do not require an air permit:

• Gasoline dispensing facilities
• Single-family home water heaters, stoves, or furnaces
• Vehicle customizing coating operations if production is less than 20 vehicles per day
• Natural gas-fired boilers with maximum heat input less than 50 million BTU per hour
• Other activities exempt by size or emission rate as specified in 9VAC5-80-1105

Please contact Stan Faggert at (804) 664-3464 with questions regarding air permit applicability.

 What are Air Toxics?

Air toxics pollutants, also referred to as hazardous air pollutants (HAPs) by the United States Environmental Protection Agency (EPA), are pollutants known or suspected to cause or contribute to serious health effects. People exposed to air toxics at certain concentrations and durations may have an increased chance of developing cancer or experiencing other serious health problems, including damage to the immune system as well as neurological, reproductive (reduced fertility), developmental, and respiratory problems. The 1990 Clean Air Act (CAA) Amendments require the EPA to regulate air emissions for 187 HAPs.

A DEQ list of air toxics is EPA’s list of HAPs with the exclusion of asbestos, fine mineral fibers, radionuclides, and any glycol ether that does not have a threshold limit value (TLV) as published in 1991-1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices (American Conference of Governmental Industrial Hygienists (ACGIH) Handbook). Examples of air toxics include benzene, mercury, formaldehyde, perchloroethylene, and methanol.

Where do Air Toxics Come from?

Air Toxics come from both natural and manmade sources. Natural sources include volcanic eruptions, forest fires, and trees. Manmade sources include mobile sources like cars, trucks, buses, trains and airplanes; industrial operations such as refineries and power plants; commercial operations such as gasoline stations, dry cleaners, and auto body shops; institutional operations such as boilers, laboratories, and sterilizers; residential activities such as fireplaces, lawn mowers, and pesticides, and indoor sources such as building materials, paint, and cleaning solvents. Even though some of these activities may release only a small amount of air toxics, the combined effect may be of concern especially in urban areas where multiple sources may exist within a small geographical area.

What is Being Done to Reduce Emissions of Air Toxics in Virginia?

The DEQ air toxics program integrates federal and state air toxics regulations to reduce emissions of air toxics in Virginia. The primary control programs are:

Existing Sources

Existing stationary sources (sources constructed before March 17, 1972 that have not been modified or relocated or that have not commenced reconstruction before December 10, 1976) that emit one or more toxic air pollutants are subject to State Air Toxic Regulations unless the source is regulated or exempted under one of the federal National Emission Standards of Hazardous Air Pollutants (NESHAPs) discussed below. See regulation for specific exemptions.

Preconstruction Review of New and Modified Sources

Proposed projects that emit one or more toxic air pollutants are reviewed for potential health impacts unless the project is regulated or exempted under one of the federal National Emission Standards of Hazardous Air Pollutants (NESHAPs) discussed below. Proposed projects subject to the State Air Toxics Regulation that exceed the corresponding exemption threshold level for a particular air toxic must apply Best Available Control Technology (BACT) to minimize air toxic emissions. Since many of the air toxics are also either volatile organic compounds (VOC) or particulate matter compounds, control measures that reduce these criteria pollutant emissions may be used to reduce air toxic emissions. In addition, the applicant must demonstrate through air dispersion modeling that the concentration of the air toxic does not exceed the corresponding Significant Ambient Air Concentration (SAAC). The SAAC is the concentration of a toxic pollutant in the ambient air that, if exceeded, may have an adverse effect to human health.

• Calculated exemption levels and SAACs for each Air Toxic Pollutant

EPA’s NESHAPs under 40 CFR Part 61

The 1970 CAA Amendments required the EPA to develop standards to regulate HAP emissions from new and existing sources using a risk based analysis on a pollutant-by-pollutant basis. This approach proved to be a difficult challenge for EPA and only seven HAP standards were promulgated in twenty years.

EPA’s NESHAPs under 40 CFR Part 63 for Major Sources of HAPs

A major source of HAPs means any stationary source or group of stationary sources located within a contiguous area and under common control that emits or has the potential to emit 10 tons per year or more of any individual HAP or 25 tons per year or more of any combination of HAPs. The 1990 CAA Amendments require a two-phase approach to regulating HAP emissions. The first phase requires EPA to regulate HAP emissions from a published list of industrial "source categories". EPA has identified source categories that must meet technology requirements to control HAP emissions and is required to develop regulations for all industries that emit one or more of the HAPs in specified quantities. These standards are also referred to as Maximum Achievable Control Technology (MACT) standards. MACT standards are based on emissions levels already achieved by best-performing similar facilities and are designed to reduce HAP emissions to a maximum achievable degree, taking into consideration the cost of reductions and other factors.

The second phase, the Risk and Technology Review (RTR) applies a risk-based approach in which EPA assesses how well the technology-based standards have done in reducing the public health and environmental risks. Information on the RTR process and proposed and final action dates for certain source categories can be found on EPA’s RTR website.

What is a True Minor Source?

A source is defined as true minor if it does not have the physical or operational capacity to emit major amounts (even if the source owner and regulatory agency disregard any enforceable limits).

Major Amounts

1. Criteria pollutants in Attainment or Nonattainment Areas = 100 tons pollutant per year. Lower thresholds apply in Nonattainment Areas, but only for the pollutant that is in Nonattainment:
   
   

   Nonattainment Area Designation	VOC or NOX Threshold in Tons/Yr
   Marginal	100 tons/yr
   Moderate	100 tons/yr
   Serious	50 tons/yr
   *Ozone Transport Region (other than severe or extreme	50 tons/yr (VOC only)

   _{*Arlington County, Fairfax County, Loudoun County, Prince William County, Stafford County, Alexandria City, Fairfax City, Falls Church City, Manassas City, and Manassas Park City}

2. Hazardous Air Pollutants = 10 tons pollutant per year individually OR 25 tons pollutants per year combined

Example 1: True Minor Source

A new facility located in an Attainment Area consists of the following equipment:

• A tertiary stone crusher rated at 370 tons/hr
• A screen rated at 500 tons/hr

Uncontrolled Emission Calculations:

PM10, and PM_2.5 uncontrolled emissions need to be calculated using uncontrolled emission factors from AP-42, Section 11.19.2.

• Crusher:

 Assume PM_2.5 = PM10

• Screen: 

 Assume PM_2.5 = PM10

Totals

 Example 2: NOT a True Minor Source

A new facility located in an Attainment Area consists of a coating operation with a spray gun rated at 10 gallons (gal) coating/hr. The coating specifications from the Material Safety Data Sheet (MSDS) are:

• VOC Content = 6.0 lb VOC/gal coating
• Toluene Content = 2.0 lbs toluene/gal coating

VOC and toluene uncontrolled emissions need to be calculated.

• VOC:

•  Toluene: 

Totals

Please contact your regional office if you need assistance to determine if a source is a true minor.

Types of Generators

• Emergency Generator Definitions
• Non-Emergency Generator Definitions

Since air permit applicability is based on the generator’s uncontrolled emissions of air pollutants, it is important to understand the difference in the generators and their uncontrolled emission rate.

If it is determined that an air permit is required, please submit a completed Form 7 application to the appropriate regional office.

Many stationary internal combustion engines are also subject to federal regulations, including ones that may be exempt from permitting.

Emergency Generator Definition

To qualify as an emergency generator, the unit can only operate when there is an “emergency”. In Virginia, “emergency” is defined as:

A condition that arises from "sudden and reasonably unforeseeable events" where the primary energy or power source is disrupted or disconnected due to conditions beyond the control of an owner or operator of a facility including:

"Emergency" also includes operating during brief maintenance and testing exercises. The total amount of hours an emergency generator can operate is not more than 500 hours per year, including testing and maintenance. An emergency generator’s uncontrolled emission rate is assumed to be 500 hours per year under the worst case conditions.

NOTE: "Sudden and reasonably unforeseeable events" do not include scheduled or planned power outages associated with electricity service provider activities.  

In order for an emergency generator to be exempt from permitting, it must meet one of the following criteria: