Virginia Law

Part II. Air Quality Programs

9VAC5-20-160. Registration.

A. The owner of any stationary source to which permits are issued under 9VAC5 Chapter 80 (9VAC5-80-10 et seq.) or for which emission standards are given in 9VAC5 Chapter 40 (9VAC5-40-10 et seq.), 9VAC5 Chapter 50 (9VAC5-50-10 et seq.), and 9VAC5 Chapter 60 (9VAC5-60-10 et seq.) shall, upon request of the board, register such source operations with the board and update such registration information. The information required for registration shall be determined by the board and shall be provided in the manner specified by the board. Owners should review the emission standard for their respective source type to identify the exemption levels for purposes of this section.

B. The owner of any stationary source emitting 25 tons per year or more of volatile organic compounds or nitrogen oxides and located in any emissions control area designated in 9VAC5-20-206 shall submit an emissions statement to the board by April 15 of each year, beginning in 1993, for the emissions discharged during the previous calendar year. Emissions statements shall be prepared and submitted in accordance with the applicable procedure in 9VAC5-20-121.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-02-31, eff. May 1, 1990; amended, Virginia Register Volume 7, Issue 14, eff. July 1, 1991; Volume 9, Issue 5, eff. January 1, 1993; Volume 9, Issue 6, eff. February 1, 1993.

9VAC5-20-170. Control programs.

A. Under the provisions of 9VAC5-170-120, the board may require an owner of a stationary source to submit a control program, in a form and manner satisfactory to the board, showing how compliance shall be achieved as quickly as possible.

B. The board shall act within 90 days of receiving an acceptable control program. A public hearing will be held within this period. The hearing shall be held only after reasonable notice, at least 30 days prior to the hearing date, which shall include:

1. Notice given to the public by advertisement in at least one major newspaper of general circulation in the affected air quality control region;

2. Availability of the information in the control program (exclusive of confidential information under the provisions of 9VAC5-170-60) for public inspection in at least one location in the affected air quality control region; and

3. Notification to all local air pollution control agencies having State Implementation Plan responsibilities in the affected air quality control region, all states sharing the affected air quality control region, and the regional administrator of the U.S. Environmental Protection Agency.

C. When acting upon control programs, the board shall be guided by the provisions of the federal Clean Air Act.

D. The board may require owners submitting a control program to submit periodic progress reports in the form and manner acceptable to the board.

E. The board normally will take action on all control programs within 30 days after the date of the public hearing unless more information is required. The board shall notify the applicant in writing of its decision on the control program and shall set forth its reasons for that.

F. The owner may appeal the decision pursuant to 9VAC5-170-200.

Statutory Authority

§§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from VR120-02-32, eff. May 1, 1990; amended, Virginia Register Volume 7, Issue 14, eff. July 1, 1991; Volume 9, Issue 5, eff. January 1, 1993; Volume 9, Issue 6, eff. February 1, 1993.

9VAC5-20-180. Facility and control equipment maintenance or malfunction.

A. The provisions of this section apply to periods of excess emissions resulting from (i) the shutdown or bypassing, or both, of air pollution control equipment for necessary scheduled maintenance and (ii) malfunctions or other equipment failures of any affected facility or related air pollution control equipment.

B. In case of shutdown or bypassing, or both, of air pollution control equipment for necessary scheduled maintenance which results in excess emissions for more than one hour, the intent to shut down such equipment shall be reported to the board and local air pollution control agency, if any, at least 24 hours prior to the planned shutdown. Such prior notice shall include, but is not limited to, the following:

1. Identification of the specific facility to be taken out of service as well as its location and permit or registration number;

2. The expected length of time that the air pollution control equipment will be out of service;

3. The nature and quantity of emissions of air pollutants likely to occur during the shutdown period; and

4. Measures that will be taken to minimize the length of the shutdown and to negate the effect of the outage of the air pollution control equipment.

C. In the event that any affected facility or related air pollution control equipment fails or malfunctions in such a manner that may cause excess emissions for more than one hour, the owner shall (i) no later than four daytime business hours after the malfunction is discovered notify the board of such failure or malfunction and (ii) within 14 days provide a written statement giving all pertinent facts, including the estimated duration of the breakdown and the demonstrations in subsection G of this section. Owners subject to the requirements of 9VAC5-40-50 C and 9VAC5-50-50 C are not required to provide the written statement prescribed in this subsection for facilities subject to the monitoring requirements of 9VAC5-40-40 and 9VAC5-50-40. When the condition causing the failure or malfunction has been corrected and the facility or control equipment is again in operation, the owner shall notify the board.

D. In the event that the breakdown period cited in subsection C of this section exists or is expected to exist for 30 days or more, the owner shall, as expeditiously as possible but no later than 30 days after the failure or malfunction and semi-monthly thereafter until the failure or malfunction is corrected, submit to the board a written report containing the following:

1. Identification of the specific facility that is affected as well as its location and permit or registration number;

2. The expected length of time that the air pollution control equipment will be out of service;

3. The nature and quantity of air pollutant emissions likely to occur during the breakdown period;

4. Measures to be taken to reduce emissions to the lowest amount practicable during the breakdown period;

5. A statement as to why the owner was unable to obtain repair parts or perform repairs which would allow compliance with the Regulations for the Control and Abatement of Air Pollution within 30 days of the malfunction or failure;

6. An estimate, with reasons given, of the duration of the shortage of repairs or repair parts which would allow compliance with the Regulations for the Control and Abatement of Air Pollution; and

7. Any other pertinent information as may be requested by the board.

E. The provisions of subsection D of this section shall not apply beyond three months of the date of the malfunction or failure. Should the breakdown period exist past the three-month period, the owner may apply for a variance in accordance with 9VAC5-20-50 A.

F. The following special provisions govern facilities which are subject to the provisions of Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5-50 or Article 1 (9VAC5-60-60 et seq.) or Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5-60:

1. For sources subject to the applicable subparts listed in 9VAC5-50-410, any provisions governing malfunctions shall be implemented through this section. In cases where there are differences between the provisions of this section and the provisions of 40 CFR Part 60, the more restrictive provisions shall apply.

2. For sources subject to the applicable subparts listed in 9VAC5-60-70, any provisions governing malfunctions shall be implemented through this section. In cases where there are differences between the provisions of this section and the provisions of 40 CFR Part 61, the more restrictive provisions shall apply.

3. For sources subject to the applicable subparts listed in 9VAC5-60-100, any provisions governing malfunctions shall be implemented through this section. In cases where there are differences between the provisions of this section and the provisions of 40 CFR Part 63, the more restrictive provisions shall apply.

G. In accordance with subsection C of this section, if the excess emissions or cessation of monitoring activities is due to a malfunction, the owner may demonstrate the following:

1. The cause of the excess emissions or cessation of monitoring activities meets the definition of malfunction provided in 9VAC5-10-20;

2. The procedural requirements of this section were met or the owner has submitted an acceptable application for a variance, which is subsequently granted;

3. The owner has taken expeditious and reasonable measures to minimize emissions during the breakdown period;

4. The owner has taken expeditious and reasonable measures to correct the malfunction and return the facility to a normal operation; and

5. The source is in compliance with related applicable emission standards or monitoring requirements at least 90% of the operating time over the most recent 12-month period.

H. Nothing in this section shall be construed as giving an owner the right to increase temporarily the emission of pollutants or to circumvent the emission standards or monitoring requirements otherwise provided in the Regulations for the Control and Abatement of Air Pollution.

I. Regardless of any other provision of this section, the owner of any facility subject to the Regulations for the Control and Abatement of Air Pollution shall, upon request of the board, reduce the level of operation at the facility if the board determines that this is necessary to prevent a violation of any primary ambient air quality standard. Under worst case conditions, the board may order that the owner shut down the facility if there is no other method of operation to avoid a violation of the primary ambient air quality standard. The board reserves the right to prescribe the method of determining if a facility will cause such a violation. In such cases, the facility shall not be returned to operation until it and the associated air pollution control equipment are able to operate without violation of any primary ambient air quality standard.

J. Any owner of an affected facility subject to the provisions of this section shall maintain records of the occurrence and duration of any bypass, malfunction, shutdown or failure of the facility or its associated air pollution control equipment that results in excess emissions for more than one hour. The records shall be maintained in a form suitable for inspection and maintained for at least two years (unless a longer period is specified in the applicable emission standard) following the date of the occurrence.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the federal Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from VR120-02-34, eff. May 1, 1990; amended, Virginia Register Volume 7, Issue 14, eff. July 1, 1991; Volume 9, Issue 5, eff. January 1, 1993; Volume 9, Issue 6, eff. February 1, 1993; Volume 18, Issue 21, eff. August 1, 2002; Volume 32, Issue 18, eff. June 1, 2016.

9VAC5-20-190. [Reserved]. (Reserved)

9VAC5-20-200. Air quality control regions.

Region 1 - Eastern Tennessee-Southwestern Virginia Interstate Air Quality Control Region (Virginia).

The Eastern Tennessee-Southwestern Virginia Interstate Air Quality Control Region (Virginia portion) consists of the territorial area encompassed by the boundaries of the following jurisdictions or described area (including the territorial area of all localities geographically located within the outermost boundaries of the area so delimited):

Region 2 - Valley of Virginia Intrastate Air Quality Control Region.

The Valley of Virginia Intrastate Air Quality Control Region consists of the territorial area encompassed by the boundaries of the following jurisdictions or described area (including the territorial area of all localities geographically located within the outermost boundaries of the area so delimited):

Region 3 - Central Virginia Intrastate Air Quality Control Region.

The Central Virginia Intrastate Air Quality Control Region consists of the territorial area encompassed by the boundaries of the following jurisdictions or described area (including the territorial area of all localities geographically located within the outermost boundaries of the area so delimited):

Region 4 - Northeastern Virginia Intrastate Air Quality Control Region.

The Northeastern Virginia Intrastate Air Quality Control Region consists of the territorial area encompassed by the boundaries of the following jurisdictions or described area (including the territorial area of all localities geographically located within the outermost boundaries of the area so delimited):

Region 5 - State Capital Intrastate Air Quality Control Region

The State Capital Intrastate Air Quality Control Region consists of the territorial area encompassed by the boundaries of the following jurisdictions or described area (including the territorial area of all localities geographically located within the outermost boundaries of the area so delimited):

Region 6 - Hampton Roads Intrastate Air Quality Control Region

The Hampton Roads Intrastate Air Quality Control Region consists of the territorial area encompassed by the boundaries of the following jurisdictions or described area (including the territorial area of all localities geographically located within the outermost boundaries of the area so delimited):

Region 7 - National Capital Interstate Air Quality Control Region (Virginia).

The National Capital Interstate Air Quality Control Region (Virginia portion) consists of the territorial area encompassed by the boundaries of the following jurisdictions (including the territorial area of all localities geographically located within the outermost boundaries of the area so delimited):

NOTE: In addition to the air quality control regions delineated here which form the geographic basis for the legal applicability of the regulations and air quality programs, there are administrative regions for all types of administrative actions (such as permit processing and responding to public inquires). This is done because it is necessary for administrative purposes that certain localities be in regions other than those listed above. This administrative delineation in no way alters the applicability of the regulations. Maps showing boundaries for both air quality control regions and administrative regions, and lists showing the assignment of localities for both, are available from the department upon request.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

9VAC5-20-201. Urban areas.

Urban areas are geographically defined as follows:

† Does not include those portions of the county designated as rural village or rural preserve in the Roanoke County Comprehensive Development Plan approved by the Roanoke County Board of Supervisors on June 25, 1985.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997.

9VAC5-20-202. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 16, Issue 17, eff. July 1, 2000; repealed, Virginia Register Volume 28, Issue 25, eff. September 27, 2012.

9VAC5-20-203. Maintenance areas.

Maintenance areas are geographically defined below by locality for the criteria pollutants indicated.

1. Ozone.

Fredericksburg Ozone Maintenance Area.

Hampton Roads Ozone Maintenance Area.

Richmond Ozone Maintenance Area.

Shenandoah National Park Ozone Maintenance Area.

2. Carbon monoxide.

Northern Virginia Carbon Monoxide Maintenance Area.

3. PM_2.5 (particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers).

Northern Virginia PM_2.5 Maintenance Area.

4. All other pollutants.

None.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; § 110 and 182 of the federal Clean Air Act, 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 14, Issue 2, eff. January 1, 1998; Volume 14, Issue 11, eff. April 1, 1998; Volume 22, Issue 23, eff. September 1, 2006; Volume 24, Issue 5, eff. December 12, 2007; Volume 31, Issue 12, eff. March 11, 2015.

9VAC5-20-204. Nonattainment areas.

A. Nonattainment areas are geographically defined in this subsection by locality for the criteria pollutants indicated. Following the name of each ozone nonattainment area, in parentheses, is the classification assigned pursuant to § 181(a) of the federal Clean Air Act (42 USC § 7511(a)), 40 CFR 51.903(a), and 40 CFR 51.1103(a).

1. Ozone (1-hour).

Northern Virginia Ozone Nonattainment Area (severe).

2. Ozone (8-hour, 0.08 ppm).

Northern Virginia Ozone Nonattainment Area (moderate).

3. Ozone (8-hour, 0.075 ppm).

Northern Virginia Ozone Nonattainment Area (marginal).

4. Ozone (8-hour, 0.070 ppm).

Northern Virginia Ozone Nonattainment Area (marginal).

5. Sulfur dioxide.

Giles County Sulfur Dioxide Nonattainment Area (part).

That part of Giles County bounded by the lines connecting the coordinate points as designated in 40 CFR 81.347.

6. All other pollutants.

None.

B. Subdivision A 1 of this section shall not be effective after June 15, 2005.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the federal Clean Air Act, 40 CFR Parts 51 and 81.

Historical Notes

Derived from Virginia Register Volume 12, Issue 16, eff. June 1, 1996; amended, Virginia Register Volume 14, Issue 2, eff. January 1, 1998; Volume 14, Issue 11, eff. April 1, 1998; Volume 15, Issue 2, eff. January 1, 1999; Volume 19, Issue 17, eff. June 4, 2003; Volume 20, Issue 23, eff. August 25, 2004; Errata, 20:26 VA.R. 3210-3211 September 6, 2004; amended, Virginia Register Volume 21, Issue 7, eff. January 12, 2005; Volume 21, Issue 15, eff. May 4, 2005; Volume 22, Issue 23, eff. September 1, 2006; Volume 24, Issue 5, eff. December 12, 2007; Volume 29, Issue 4, eff. November 21, 2012; Volume 31, Issue 12, eff. March 11, 2015; Volume 33, Issue 4, eff. November 16, 2016; Volume 36, Issue 12, eff. March 4, 2020; Volume 39, Issue 11, eff. February 15, 2023.

9VAC5-20-205. Prevention of significant deterioration areas.

A. Prevention of significant deterioration areas are geographically defined below by locality for the following criteria pollutants:

1. Particulate matter.

All areas not designated nonattainment for particulate matter in 9VAC5-20-204.

2. Sulfur dioxide.

All areas not designated nonattainment for sulfur dioxide in 9VAC5-20-204.

3. Carbon monoxide.

All areas not designated nonattainment for carbon monoxide in 9VAC5-20-204.

4. Ozone (volatile organic compounds):

All areas not designated nonattainment for ozone in 9VAC5-20-204.

5. Nitrogen oxides.

All areas not designated nonattainment for nitrogen oxides in 9VAC5-20-204.

6. Lead.

All areas not designated nonattainment for lead in 9VAC5-20-204.

B. All areas of the state are geographically defined as prevention of significant deterioration areas for the following pollutants:

Fluorides

Sulfuric acid mist

Total reduced sulfur:

Hydrogen sulfide

Methyl mercaptan

Dimethyl sulfide

Dimethyl disulfide

Reduced sulfur compounds:

Hydrogen sulfide

Carbon disulfide

Carbonyl sulfide

Municipal waste combustor organics (measured as total tetra-chlorinated through octa-chlorinated dibenzo-p-dioxins and dibenzofurans)

Municipal waste combustor metals (measured as particulate matter)

Municipal waste combustor acid gases (measured as the sum of SO₂ and HCl)

C. The classification of prevention of significant deterioration areas is as follows:

1. Class I.

a. Federal -- James River Face Wilderness Area (located in AQCR 2) and Shenandoah National Park (located in AQCR 2 and AQCR 4).

b. State -- None.

2. Class II -- All areas of the state not designated in Class I.

3. Class III -- None.

D. The area classification prescribed in subsection C of this section may be redesignated in accordance with 40 CFR 52.21(e), (g), (u) and (t).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 12, Issue 16, eff. June 1, 1996; amended, Virginia Register Volume 14, Issue 2, eff. January 1, 1998; Volume 14, Issue 11, eff. April 1, 1998; Volume 15, Issue 2, eff. January 1, 1999; Volume 20, Issue 23, eff. August 25, 2004; Errata, 20:26 VA.R. 3210-3211 September 6, 2004.

9VAC5-20-206. Volatile organic compound and nitrogen oxides emissions control areas.

Emissions control areas are geographically defined below by locality for the pollutants indicated.

1. Volatile organic compounds.

a. Northern Virginia Emissions Control Area.

b. Fredericksburg Emissions Control Area.

c. Richmond Emissions Control Area.

d. Hampton Roads Emissions Control Area.

e. Western Virginia Emissions Control Area.

2. Nitrogen oxides.

a. Northern Virginia Emissions Control Area.

b. Fredericksburg Emissions Control Area.

c. Richmond Emissions Control Area.

d. Hampton Roads Emissions Control Area.

e. Western Virginia Emissions Control Area.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the Clean Air Act; 40 CFR Part 51.

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; amended, Virginia Register Volume 20, Issue 12, eff. March 24, 2004; Volume 22, Issue 26, eff. October 4, 2006.

9VAC5-20-207. [Reserved]. (Reserved)

9VAC5-20-210. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 13, Issue 18, eff. July 1, 1997; repealed, Virginia Register Volume 14, Issue 3, eff. January 1, 1998.

9VAC5-20-220. Shutdown of a stationary source.

A. Upon a final decision by the board that a stationary source or emissions unit is shut down permanently, the board shall revoke any permits by written notification to the owner and remove the stationary source or emissions unit from the emission inventory or consider its emissions to be zero in any air quality analysis conducted; and the stationary source or emissions unit shall not commence operation without a permit being issued under the applicable provisions of 9VAC5 Chapter 80 (9VAC5-80-10 et seq.).

B. The final decision shall be rendered as follows:

1. Upon a determination that the stationary source or emissions unit has not operated for a year or more, the board shall provide written notification to the owner (i) of its proposed decision that the stationary source or emissions unit is considered to be shut down permanently and (ii) that if the owner fails to provide within three months of the notice written response to the board that the shutdown is not to be considered permanent, the decision shall become final within six months of the notice. The response from the owner shall include the basis for the assertion that the shutdown is not to be considered permanent and a projected date for restart-up of the stationary source or emissions unit.

2. If the board should find that the basis for the assertion is not sound or the projected restart-up date allows for an unreasonably long period of inoperation, the decision to consider the shutdown permanent shall become final one year after the date of the notice of the proposed decision.

C. Nothing in any regulation of the board shall be construed to prevent the board and the owner from making a mutual determination that a stationary source or emissions unit is shut down permanently prior to any final decision rendered under subsection B of this section.

Statutory Authority

§§ 10.1-1308 and 10.1-1322 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 11, eff. April 1, 1998.

9VAC5-20-230. Certification of documents.

A. The following documents submitted to the board shall be signed by a responsible official: (i) any emission statement, application, form, report, or compliance certification; (ii) any document required to be so signed by any provision of the regulations of the board; or (iii) any other document containing emissions data or compliance information the owner wishes the board to consider in the administration of its air quality programs. A responsible official is defined as follows:

1. For a business entity, such as a corporation, association or cooperative, a responsible official is either:

a. The president, secretary, treasurer, or a vice president of the business entity in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the business entity; or

b. A duly authorized representative of such business entity if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either (i) the facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars) or (ii) the authority to sign documents has been assigned or delegated to such representative in accordance with procedures of the business entity.

2. For a partnership or sole proprietorship, a responsible official is a general partner or the proprietor, respectively.

3. For a municipality, state, federal, or other public agency, a responsible official is either a principal executive officer or ranking elected official. A principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

B. Any person signing a document under subsection A of this section shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering and evaluating the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations."

C. Subsection B of this section shall be interpreted to mean that the signer must have some form of direction or supervision over the persons gathering the data and preparing the document (the preparers), although the signer need not personally nor directly supervise these activities. The signer need not be in the same line of authority as the preparers, nor do the persons gathering the data and preparing the form need to be employees (e.g., outside contractors can be used). It is sufficient that the signer has authority to assure that the necessary actions are taken to prepare a complete and accurate document.

D. Any person who fails to submit any relevant facts or who has submitted incorrect information in a document shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information.

Statutory Authority

§§ 10.1-1308 and 10.1-1322 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 14, Issue 11, eff. April 1, 1998.