Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 40. Existing Stationary Sources

9VAC5-40-7430. Presumptive reasonably available control technology guidelines for stationary sources of nitrogen oxides.

A. Unless otherwise approved by the board, this section defines presumptive RACT for the purposes of compliance with 9VAC5-40-7410 A or 9VAC5-20-7420 A for the source types specified here.

B. Presumptive RACT is defined as follows.

1. For the source types listed below, RACT is defined as the emission limits specified below based upon the application of combustion modification; however, owners may elect to use any alternative control technology, provided such alternative is capable of achieving the prescribed emission limits.

a. The maximum allowable emission rate for NOX from steam generating units and process heaters is as follows:

TABLE 4-51G.
Maximum Allowable Emission Rates for NOX Emissions from Steam Generating Units and Process Heaters (pounds per million Btu heat input).

Fuel Type

Firing Method

Face* and Tangential



Coal – wet bottom




Coal – dry bottom




Oil or Gas or both




Gas only




*Includes wall, opposed and vertical firing methods

b. The maximum allowable emission rate for NOX from gas turbines is as follows:

TABLE 4-51H.
Maximum Allowable Emission Rates for NOX Emissions from Gas Turbines (parts per million by dry volume corrected to 15% oxygen).

Fuel Type

Turbine Type

Simple Cycle

Combined Cycle







*Limit shall be 65 ppm for fuel bound nitrogen (FBN) <0.015% and 77 ppm for FBN ≥ .015%.

2. Any demonstration of compliance with the limits in subdivision B 1 of this section shall be on a daily basis.

3. The following sources are not required to make demonstration of RACT as required by 9VAC5-40-7410 B or 9VAC5-40-7420 B.

a. Any steam generating unit, process heater or gas turbine with an annual capacity factor of less than 5.0%, except that three months following any calendar year during which the capacity factor is 5.0% or greater, the facility shall be subject to 9VAC5-40-7410 A or B, or 9VAC5-40 7420 A or B, as applicable, and the owner shall comply with 9VAC5-40-7410 D or E, or 9VAC5-40-7420 D or E, as applicable, except the compliance date shall be two years after approval of the schedule by the board. Time periods during which a stand-by unit is used to provide replacement services for a unit being altered to comply with the provisions of 9VAC5-40-7410 A or B, or 9VAC5-40-7420 A or B, shall not be used as the basis for a determination that the stand-by unit exceeded the annual capacity factor criteria of 5.0%.

b. Any stationary internal combustion engine with a rated capacity of less than 450 hp of output power.

c. Any incinerator with a maximum capacity of less than 50 tons of waste per day.

d. Any incinerator or thermal or catalytic oxidizer used exclusively as air pollution control equipment.

e. Any generator used solely to supply emergency power to buildings during periods when normal power supplies are interrupted and during periods of scheduled maintenance.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172 and 182 of the Clean Air Act; 40 CFR Parts 51 and 60.

Historical Notes

Derived from Virginia Register Volume 23, Issue 5, eff. December 15, 2006.

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