Administrative Code

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Virginia Administrative Code
Title 9. Environment
Agency 5. State Air Pollution Control Board
Chapter 85. Permits for Stationary Sources of Pollutants Subject to Regulation

9VAC5-85-10. Applicability.

A. Except as provided in subsection C of this section, the provisions of this chapter shall apply to permit actions for a stationary source that emits, or has the potential to emit, any air pollutant subject to regulation. For the purposes of this part, "subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the federal Clean Air Act, or a nationally applicable regulation codified by the administrator in Subchapter C of 40 CFR Chapter I, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit, or restrict the quantity of emissions of that pollutant released from the regulated activity.

B. The provisions of this chapter apply throughout the Commonwealth of Virginia.

C. The provisions of this chapter shall not apply to the following:

1. Permit actions under Article 6 (9VAC5-80-1100 et seq.) of Part II of 9VAC5-80. Nothing in this chapter shall be construed as designating greenhouse gases as a regulated air pollutant for the purposes of Article 6 (9VAC5-80-1100 et seq.) of Part II of 9VAC5-80.

2. Permit actions under Article 7 (9VAC5-80-1400 et seq.) of Part II of 9VAC5-80.

3. Permit actions under Article 9 (9VAC5-80-2000 et seq.) of Part II of 9VAC5-80.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 27, Issue 3, eff. January 2, 2011.

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