Administrative Code

Virginia Administrative Code
6/21/2021

Article 11. Annual Permit Maintenance Fees for Stationary Sources

9VAC5-80-2310. Applicability.

Article 11
Annual Permit Maintenance Fees for Stationary Sources

A. Except as provided in subsection C of this section, the provisions of this article apply to any stationary source that has begun normal operation and:

1. The stationary source is subject to the provisions of a permit issued pursuant to Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part or pursuant to Part II (9VAC5-85-20 et seq.) of 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation);

2. The stationary source is subject to the permit requirements of Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part or Part II (9VAC5-85-20 et seq.) of 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation), and is operating under an application shield under the provisions of 9VAC5-80-80 F or 9VAC5-80-430 F; or

3. The stationary source is subject to the permit requirements of Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part or Part II (9VAC5-85-20 et seq.) of 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation) in the absence of a permit issued under Article 5 (9VAC5-80-800 et seq.) or Article 6 (9VAC5-80-1100 et seq.) of this part or Part IV (9VAC5-85-60 et seq.) of 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation).

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

C. The provisions of this article shall not apply to any stationary source that began normal operation during the calendar year for which the annual permit maintenance fee is assessed.

D. The department shall make any final determinations required by this article, including:

1. The applicability of this article;

2. The amount of permit maintenance fees owed; and

3. The applicability of terms to a particular stationary source or permit.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V); 40 CFR Parts 51, 61, 63, 70, and 72.

Historical Notes

Derived from Virginia Register Volume 28, Issue 22, eff. July 1, 2012; amended, Virginia Register Volume 34, Issue 7, eff. January 1, 2018.

9VAC5-80-2320. Definitions.

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in subsection D of this section.

B. As used in this article, all words and terms not defined in subsection D of this section shall have the meanings given them in 9VAC5-80-60 C, 9VAC5-80-370, 9VAC5-80-810 C, 9VAC5-80-1110 C, 9VAC5-80-1410 C, 9VAC5-80-1615 C, 9VAC5-80-2010 C, 9VAC5-85-30 C, 9VAC5-85-50 C, or 9VAC5-85-70 C as may apply, unless otherwise required by context.

C. All words and terms not defined in subsection D of this section and not defined as provided in subsection B of this section shall have the meanings given them in 9VAC5-80-5 or 9VAC5-10 (General Definitions), unless otherwise required by context.

D. Terms defined.

"Area source" means any stationary source that is not a major source. For purposes of this article, the phrase "area source" shall not include motor vehicles or nonroad vehicles.

"Normal operation" means, for the purposes of this article, any operation of a stationary source or part of a stationary source after the testing and shakedown operations following the construction of the stationary source or following the first phase of the phased construction of a stationary source.

"Synthetic minor source" means a stationary source whose potential to emit is constrained by state enforceable and federally enforceable limits, so as to place that stationary source below the threshold at which it would be subject to permit or other requirements governing major stationary sources in regulations of the board or in the federal Clean Air Act and associated regulations.

"Synthetic minor 80% source" or "SM-80 source" means a synthetic minor source that emits or has the potential to emit a regulated pollutant at or above 80% of the major source threshold for that pollutant.

"Title V complex major source" means, for the purposes of this article, a major source that is subject to a total of seven or more subparts in 40 CFR Parts 60, 61, and 63 that contain standards applicable to that stationary source.

"Title V major source" means, for the purposes of this article, a major source that is subject to a total of less than seven subparts in 40 CFR Parts 60, 61, and 63 that contain standards applicable to that stationary source.

"Title V source by rule" means for the purposes of this article, an area source that is subject to permitting requirements under Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part because it is subject to a standard, limitation, emission guideline, or other requirement under § 111 or 112 of the federal Clean Air Act.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V); 40 CFR Parts 51, 61, 63, 70, and 72.

Historical Notes

Derived from Virginia Register Volume 28, Issue 22, eff. July 1, 2012.

9VAC5-80-2330. General.

A. The owner of any stationary source subject to this article shall pay an annual permit maintenance fee in the amount determined in accordance with 9VAC5-80-2340 or 9VAC5-80-2342, as appropriate.

B. Annual permit maintenance fees collected pursuant to this article for sources subject to Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part or subject to Part II (9VAC5-85-20 et seq.) of 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation) shall not be used for any purpose other than as provided in Title V of the federal Clean Air Act and associated regulations and policies.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V); 40 CFR Parts 51, 61, 63, 70, and 72.

Historical Notes

Derived from Virginia Register Volume 28, Issue 22, eff. July 1, 2012; amended, Virginia Register Volume 34, Issue 7, eff. January 1, 2018.

9VAC5-80-2340. Annual permit maintenance fee calculation prior to January 1, 2018.

A. Prior to January 1, 2018, each stationary source subject to this article shall be assessed an annual permit maintenance fee.

B. The amount of the permit maintenance fee shall be calculated as follows:

1. The amount of the annual permit maintenance fee shall be the largest applicable base permit maintenance fee amount from Table 8-11A, adjusted annually by the change in the Consumer Price Index (CPI) as specified in subdivision 2 of this subsection.

TABLE 8-11A

BASE PERMIT MAINTENANCE FEES FOR STATIONARY SOURCES

Stationary Source Type

Base Permit Maintenance Fee Amount

Title V Complex Major Source

$10,000

Title V Major Source

$3,500

Title V Source By Rule

$1,500

Synthetic Minor 80% Source

$1,000

2. The annual adjustment of the permit maintenance fees shall be based upon the annual permit maintenance fee amount for the preceding calendar year and the change in the CPI value published by the U.S. Department of Labor for all-urban consumers over the 12-month period ending on August 31 of the calendar year preceding the calendar year in which the permit maintenance fee is assessed.

a. The CPI for all-urban consumers published by the U.S. Department of Labor may be obtained online from the Bureau of Labor Statistics website at http://data.bls.gov/cgi-bin/surveymost?cu.

b. No CPI adjustment shall be made for annual permit maintenance fees assessed in calendar year 2012.

3. The amount of the annual permit maintenance fee shall be rounded down to the nearest whole dollar.

C. The provisions of this section shall not apply to any synthetic minor source that is not a synthetic minor 80% source and is not otherwise subject to the permit requirements of Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of this part or Part II (9VAC5-85-20 et seq.) of 9VAC5-85 (Permits for Stationary Sources of Pollutants Subject to Regulation).

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V); 40 CFR Parts 51, 61, 63, 70, and 72.

Historical Notes

Derived from Virginia Register Volume 28, Issue 22, eff. July 1, 2012; amended, Virginia Register Volume 34, Issue 7, eff. January 1, 2018.

9VAC5-80-2342. Annual permit maintenance fee calculation on and after January 1, 2018.

A. On and after January 1, 2018, each stationary source subject to this article shall be assessed a permit maintenance fee on an annual basis.

B. The amount of the annual permit maintenance fee shall be calculated as follows:

1. The amount of the annual permit maintenance fee shall be the largest applicable base permit maintenance fee amount from Table 8-11B, adjusted annually as specified in subdivisions 2 and 3 of this subsection.

TABLE 8-11B

BASE PERMIT MAINTENANCE FEES FOR STATIONARY SOURCES

Stationary Source Type

Base Permit Maintenance Fee Amount

Title V Complex Major Source

$21,263

Title V Major Source

$7,442

Title V Source By Rule

$2,392

Synthetic Minor 80% Source (SM-80 Source)

$1,594

Synthetic Minor Source (other than SM-80 Source)

$500

2. Except as provided in subdivision 3 of this subsection, the annual adjustment of the permit maintenance fees shall be based upon the annual permit maintenance fee amount for the preceding calendar year and the change in the CPI value published by the U.S. Department of Labor for all-urban consumers over the 12-month period ending on August 31 of the calendar year preceding the calendar year in which the permit maintenance fee is assessed and billed.

a. The CPI for all-urban consumers published by the U.S. Department of Labor may be obtained online from the Bureau of Labor Statistics website at http://data.bls.gov/cgi-bin/surveymost?cu.

b. No annual CPI adjustment shall be made to permit maintenance fees for source types in years for which the adjusted permit maintenance fees for those source types are specified in subdivision 3 of this subsection.

3. Other adjustments to annual permit maintenance fees shall be made as follows:

a. Adjusted permit maintenance fees that are assessed and billed in calendar year 2019 shall be as specified in Table 8-11C.

TABLE 8-11C

ADJUSTED PERMIT MAINTENANCE FEES BILLED IN CALENDAR YEAR 2019

Stationary Source Type

Permit Maintenance Fee Amount

Title V Complex Major Source

$23,389

Title V Major Source

$8,186

Title V Source By Rule

$2,790

Synthetic Minor 80% Source

$1,860

Synthetic Minor Source (other than SM-80 Source)

$550

b. Adjusted annual permit maintenance fees for Title V Sources by Rule and SM-80 Sources that are assessed and billed in calendar year 2020 shall be as specified in Table 8-11D. Annual permit maintenance fees for other stationary source types that are assessed and billed in calendar year 2020 shall be adjusted as specified in subdivision 2 of this subsection.

TABLE 8-11D

ADJUSTED PERMIT MAINTENANCE FEES BILLED IN CALENDAR YEAR 2020

Stationary Source Type

Permit Maintenance Fee Amount

Title V Source By Rule

$3,189

Synthetic Minor 80% Source

$2,126

4. The amount of the annual permit maintenance fee shall be rounded down to the nearest whole dollar.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V); 40 CFR Parts 51, 61, 63, 70, and 72.

Historical Notes

Derived from Virginia Register Volume 34, Issue 7, eff. January 1, 2018.

9VAC5-80-2350. Annual permit maintenance fee payment.

A. Upon determining that the owner of a stationary source owes an annual permit maintenance fee, the department will mail a bill for the fee to that owner no later than August 1.

B. Within 30 days following the date of the postmark on the bill, the owner shall respond in one of the following ways:

1. The owner may pay the fee in full.

2. The owner may request that the fee amount be revised if the owner can document that the status of the permits on which the fee was based is in error. This request shall include appropriate source identification data, copies of all valid air permits, the revised fee amount, adequate supporting documentation, and other information as the department may require. The owner shall file the request with the appropriate regional office in a form acceptable to the department. If the department approves the request, the revised fee amount shall be paid in full within 30 days of the date of approval.

C. The annual permit maintenance fee shall be paid by check, draft, or money order made payable to the Treasurer of Virginia and mailed to the address specified by the department.

Statutory Authority

§ 10.1-1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title V); 40 CFR Parts 51, 61, 63, 70, and 72.

Historical Notes

Derived from Virginia Register Volume 28, Issue 22, eff. July 1, 2012.

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