Types of Air Permits
- Exclusionary General Permits (No longer Issued)
- Prevention of Significant Deterioration or PSD Permit
- State Operating Permit
- Federal Operating Permit
- Existing Source Registration and Standards Permit
- Minor New, Modified and certain Major Source Construction Permit
- Major New or Modified Source Construction Permits in Nonattainment Areas
- New! General Permit for Nonmetallic Mineral Processing
- New! General Permit forms for Nonmetallic Mineral Processing
Exclusionary General Permits
During the Title V "transition period", Virginia DEQ issued Exclusionary General Permits (EGPs) in order for Virginia to defer issuing Title V permits to those facilities whose actual emissions were less than 50% of the Title V applicability thresholds. The "transition period" has now expired. Virginia DEQ is no longer accepting applications for, or issuing, Exclusionary General Permits. If you have any questions about an application for an EGP or about your existing EGP please contact the appropriate regional office.
Prevention of Significant Deterioration or PSD Permit
Who must apply:
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 combination of regulated pollutants; or are one of 28 specific industries listed below and will emit 100 tons per year of a regulated pollutant.
- Fossil fuel-fired steam electric plants of more than 250 million Btu per hour heat input
- Coal cleaning plants with thermal dryers
- Kraft pulp mills
- Portland cement plants
- Primary zinc smelters
- Iron and steel mill plants
- Primary aluminum ore reduction plants
- Primary copper smelters
- Municipal incinerators capable of charging more than 250 tons of refuse per day
- Hydrofluoric acid plants
- Sulfuric acid plants
- Nitric acid plants
- Petroleum refineries
- Lime plants
- Phosphate rock processing plants
- Coke oven batteries
- Sulfur recovery plants
- Carbon black plants (furnace process)
- Primary lead smelters
- Fuel conversion plants
- Sintering plants
- Secondary metal production plants
- Chemical process plants
- Fossil fuel boilers (or combinations thereof) totaling more than 250 million Btu per hour heat input
- Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels
- Taconite ore processing plants
- Glass fiber processing plants
- Charcoal production plants
Legal Authority:
- Federal Clean Air Act
- Virginia Code Section 10.1-1300 et. seq.
- Virginia Administrative Code 9 VAC 5-50-10 et seq., 9 VAC 5-60-10 et seq. and 9 VAC 5-80-20 et seq.
Terms:
Remains in effect until further modifications are made, the source is relocated or the permit is replaced by an operating permit.Fees:
Application fees apply to major sources construted at undeveloped sites.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.
- One year of meteorological and air quality data; needed for detailed analysis of probable xisting air quality, visibility, soils and vegetation. Some or all of the necessary data may be available in some areas of the state, while it may need to be collected by the applicant in others. 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.
Review of application may take up to 12 months. Time frames for processing of applications provide more information. Public hearing(s) is required in all cases. Applicant is required to publish a newspaper notice of the project and to conduct a public information meeting.
Permit is issued.
State Operating Permits
Who must apply:
The state-operating permit is elective. There is not a requirement for any particular emissions unit or stationary source to get a state operation permit. State operating permits are either issued at the request of the owner or at the discretion of the Department.
How is a state-operating permit used:
State Operating Permits that are issued at the request of the owner can be used to do the following:
- Designate a stationary source or emissions unit as a synthetic minor or area stationary source.
- To combine a stationary source or emissions unit requirements under multiple permits into one permit; or
- To implement emissions trading requirements.
State Operating Permits 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 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.
Legal Authority:
- Virginia Code Section 10.1-1300 et seq.
- Virginia Regulations for the Control and abatement of Air Pollution, Article 5 (State Operating Permit regulations), (9 VAC 5-80-800 et seq.) of Part II 9 VAC 5 Chapter 80.
Terms:
- State Operating Permits do not expire and do not have to be renewed.
Fees:
- Fees are not charged for submission of an application or processing a permit.
- Some stationary sources that are issued state operating permits are assessed fees for actual annual emissions every other year. These stationary sources are charged fees for actual emissions that occur during each calendar year that end in an even number. The amount of the fee is the minimum required by the Title V program. The 2004 fee is $38.78 per ton of emissions. (The fee is calculated from the minimum requirement of $25 dollars per ton in 1989, this fee has been adjusted based on the consumer price index.)
- Fees are not collected from stationary sources if emissions are below 10 tons during the calendar year.
Typical Requirements of a State Operating Permit:
- All limits and requirements must be enforceable as a practical matter.
- The permit may include limits on throughput, monitoring requirements, testing requirements, emission limits, opacity limits, work practice requirements, fuel specifications, maintenance requirements, process material requirements, or operational requirements or any combination of these requirements.
- Public notice is necessary to make permits federally enforceable.
State Operating Permits Have the Additional Requirements that follow:
- The stationary source or emissions unit shall operate without causing a violation of the applicable provisions of regulations of the board.
- The stationary source or emissions unit shall be in compliance with all applicable emission standards or meet the provisions of any administrative enforcement mechanism issued pursuant to 9 VAC 5-170-120; and
- The stationary source or emissions unit shall operate in conformance with any applicable control strategy, including any emission standards or emission limitations, in the implementation plan in effect at the time that an application is submitted so as not to prevent or interfere with the attainment or maintenance of any applicable ambient air quality standard.
Application Process:
- Contact the appropriate DEQ regional office for any pre-application guidance needed for any type of permit.
- Submit a complete application (Form 7) to the appropriate regional office. To be considered complete, an application package must include a number of elements listed in detail in the regulations and explained on the appropriate forms.
- Once an application is considered complete, the regional office has 90 days to issue a state-operating permit ( Time frames ).
- Public participation, in the form of newspaper notices, comment periods and possibly a public hearing, is required for major permits and for permits needed to lower the potential to emit below major levels.
- Permit is issued by regional office.
Federal Operating Permits
Who must apply:
All major stationary sources are required to submit federal operating permit applications to the Department. Major stationary sources are defined in the Title V regulations in 9 VAC 5-80-60 C. Major stationary source includes the following:
- Any stationary source that emits or has the potential to emit more than 10 tons per year of any one hazardous air pollutant or 25 tons per year of a combination of hazardous pollutants
- Any stationary source that emits or has the potential to emit more than 100 tons/yr of any criteria pollutant.
- When determining a stationary source's potential to emit emissions from insignificant emission units must be counted.
- Fugitive emissions are counted when determining the potential to emit for the source list that follows:
- Coal cleaning plants (with thermal dryers).
- Kraft pulp mills.
- Portland cement plants.
- Primary zinc smelters.
- Iron and steel mills.
- Primary aluminum ore reduction plants.
- Primary copper smelters.
- Municipal incinerators capable of charging more than 250 tons of refuse per day.
- Hydrofluoric, sulfuric or nitric acid plants.
- Petroleum refineries.
- Lime plants.
- Phosphate rock processing plants.
- Coke oven batteries.
- Sulfur recovery plants.
- Carbon black plants (furnace process).
- Primary lead smelters.
- Fuel conversion plant.
- Sintering plants.
- Secondary metal production plants.
- Chemical process plants.
- Fossil-fuel boilers (or combination thereof) totaling more than 250 million British Thermal units per hour heat input.
- Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.
- Taconite ore processing plants.
- Glass fiber processing plants.
- Charcoal production plants.
- Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input.
- Any other stationary source category regulated under ' 111 or ' 112 of the federal Clean Air Act for which the administrator has made an affirmative determination under ' 302(j) of the Act. The source categories included under ' 111 or ' 112 of the federal Clean Air Act are NSPS, NESHAPs and MACT source categories.
- The definition of fugitive emissions also affects the calculation of potential to emit when determining Title V applicability for an individual stationary source or emissions unit.
- Stationary sources or emission units located in ozone nonattainment areas meet the major source definition when potential emissions of NOx or VOC exceed the following:
- Stationary sources located in a moderate or marginal nonattainment areas become major if potential emissions equal or exceed100 tons per year.
- Stationary sources located in serious nonattainment areas become major if potential emissions equal or exceed 50 tons per year.
- Stationary sources located in severe nonattainment areas become major if potential emissions equal or exceed 25 tons per year.
- Stationary sources located in extreme nonattainment areas become major if potential emissions equal or exceed 10 tons per year.
- Stationary sources or emission units located in attainment areas designated, as ozone transport regions become major when the potential to emit equals or exceeds 50 tons per year of VOC.
- The requirement to get a Title V permit has been deferred for the Stationary Sources that follow:
- Area sources as defined in the MACT regulations.
- Stationary sources that would be required to get a Title V permit for the sole reason of being applicable to a NSPS standard.
Legal Authority:
- Federal Clean Air Act amendment of 1990 (Public Law 101-584)
- Title 40, Code of Federal Regulations, Parts 70
- Virginia Code Section 10.1-1300 et seq.
- Virginia Regulations for the Control and Abatement of Air Pollution, Article 1 (Title V regulations), (9 VAC 5-80-50 et seq.) of Part II 9 VAC 5 Chapter 80, Article 2 (fees) (9 VAC 5-80-310 et seq.) of Part II 9 VAC 5 Chapter 80, Article 3 (Acid Rain Operating Permits) (9 VAC 5-80-360 et seq) of Part II 9 VAC 5 Chapter 80, Article 4 (Insignificant activities) (9 VAC 5-80-710 et seq) of Part II 9 VAC 5 Chapter 80.
Terms:
Federal Operating Permits have a maximum five-year term.
Renewals:
- Applications for permit renewals are due no sooner than 18 months before expiration of the Title V permit and no later than 6-months prior to expiration.
Fees:
- Federal operating permits are assessed a fee each calendar year. The fee is based on actual emissions. The fee for calendar year 2004 is $38.78 per ton of emissions. The amount of the fee is the minimum required by the Title V program. (The fee is calculated from the minimum requirement of $25 dollars per ton in 1989, this fee has been adjusted based on the consumer price index.)
- Fees are not collected from stationary sources if actual emissions are less than 10 tons during the calendar year.
- Fees are assessed on the pollutants listed below and on a maximum of 4000 tons per year for each pollutant emitted.
- Fees are assessed for actual emissions of the pollutants listed below:
| Pollutant Name | Pollutant Code | CAS Number |
|---|---|---|
| Volatile Organic Compound | VOC | n/a |
| Sulfur Dioxide | SO2 | n/a |
| Nitrogen Dioxide | NO2 | n/a |
| Particulate Matter (10 micron) | PM 10 | n/a |
| Total Reduced Sulfur | TRS | n/a |
| Lead (if not included in Particulate Matter 10 micron) | Pb | n/a |
| Total Non-methane Organic Compounds (Landfills Only) | TNMOC | n/a |
| Chlorine | CL | 7782-50-2 |
| Hydrazine | HYDRZ | 302-01-2 |
| Hydrochloric Acid | HCL | 7647-01-0 |
| Hydrogen Fluoride (Hydrofluoric Acid) | HF | 7664-39-3 |
| Methyl Chloroform (1,1,1-Trichloroethane) | TCA | 71-55-6 |
| Methylene Chloride (Dichloromethane) | MC | 75-09-2 |
| Phosphine | PHPN | 7803-51-2 |
| Perchloroethylene (Tetrachloromethane) | PERC | 127-18-4 |
| Phosphorus | P-PT | 7723-14-0 |
| Titanium Tetrachloride | TI4CL | 755-45-0 |
Typical requirements of a Title V permit:
- The permits contain applicable requirements from new source review permits, existing source regulations, new source performance standards, MACT standards, RACT agreement and federally enforceable state operating permits.
- The permits must contain recordkeeping, monitoring and reporting conditions necessary to demonstrate compliance with all applicable requirements.
- Renewed Title V permits that have control equipment may be subject to Compliance Assurance Monitoring (CAM) requirements.
- All Federal Operation Permits contain requirements to submit the compliance certification.
- All Federal Operating Permits contain a requirment to submit permit deviation reports twice a year.
- All Federal Operating Permits are submitted to EPA after the public notice period for review and comment.
Application Process:
- Contact the appropriate DEQ regional office for any pre-application guidance needed for any type of permit.
- Submit a complete application ( Form 805 ) to the appropriate regional office. To be considered complete, an application package must include a number of elements listed in detail in the regulations and explained on the appropriate forms. The same application form is used for Title V application renewal.
- Once an application is considered complete as long as 18 months to issue a federal operating permit. Time frames for processing of applications provide more information.
- Public participation, in the form of newspaper notices, comment periods and possibly a public hearing, is required for federal operating permits.
- Permit is issued by regional office.
Existing Sources Registration Standards
Who must apply:
Owners and operators of any existing constructed before March 17,1972, or reconstructed before December 10,1976) stationary source that exceeds threshold amounts of fugitive dust, odor, or any criteria pollutants from emission-causing processes, National Emission Standards for Hazardous Air Pollutants, "maximum achievable control technology" or MACT standards, or toxic pollutants under Virginia's Air Toxics Regulation. To determine applicability to a source, contact the DEQ Air Division. Some existing sources may need a Title V or other air operating permit.
Legal Authority:
Federal Clean Air Act Virginia Code Section 10.1-1300 et. Seq. Virginia Administrative Code 9 VAC 5-20-10 et seq., 9 VAC 5-30-10 et seq., 9 VAC 5-40-10 et seq., 9 VAC 5-50-10 et seq. and 9 VAC 5-60-10 et seq.
Terms:
Registration is permanent, but must be revised as emissions change. Registration is transferable to a new owner when written notice is filed before transfer.
Fees:
Fees are not charged for processing a permit. Fees are assessed to certain major sources based on pollutants actually emitted.
Typical requirements of owner/operator:
Contact the appropriate DEQ regional office for your location. Determine whether the source produces emissions subject to the regulations. Report types and amounts of pollutants emitted. Monitor system for emissions specified by DEQ. Record levels of emissions and report results of testing and monitoring to DEQ. Operate source in compliance with maximum allowable levels of emissions as defined in the applicable rules. Conduct ambient air quality monitoring as directed by DEQ.
Minor New, Modified, and certain Major Source Construction Permits
Who must apply:
Any person or entity intending to construct a new air pollution source, or to modify, relocate or reactivate an existing source not exempted by 9 VAC 5-80-11 of the state regulation. Permit exemption should be documented in writing from the appropriate DEQ regional office. A modification is any change to the facility or process, including hours of operation, which increases the potential to emit an air pollutant or causes a pollutant to be emitted that was not previously emitted. Major sources not subject to nonattainment area requirements or the Prevention of Significant Deterioration permit requirements are also included.
Legal Authority:
Federal Clean Air Act Virginia Code Section 10.1-1300 et. Seq. Virginia Administrative Code 9 VAC 5-50-10 et seq., 9 VAC 5-60-10 et seq. and 9 VAC 5-80-10 et seq.
Terms:
Remains in effect until further modifications are made, the source is relocated or the permit is replaced by an operating permit.
Fees:
Application fees apply to major sources construted at undeveloped sites. Application fees do not apply to construction of minor sources.
Typical requirements of a permit:
Stationary sources must control their emissions using the "best available control technology" or BACT for each criteria pollutant and "maximum achievable control technology" or MACT for regulated hazardous air pollutants for designated categories. Certain identified toxic pollutants must be limited to specified levels. Procedures are established for measuring and recording emissions and/or process rates.
Application process:
Contact the appropriate DEQ regional office for your location. To be considered complete an application must:
- Demonstrate that the design incorporates BACT or meets the MACT standards.
- Present evidence that local zoning requirements are satisfied (for new facilities and major modifications).
For major sources, include proof of application fee paid. Review of complete application takes up to 90 days. Time frames for processing of applications provide more information. A public hearing may be required by the Air Board if controversy arises or if requested by the local governing body, and in all cases where emissions of any one pollutant will increase by 100 tons per year or more. Permit is normally issued by the DEQ regional director if no public hearing is required by the Air Board.
Major New or Modified Source Construction Permits in Nonattainment Areas
Who must apply:
Any person or entity intending to construct a new stationary air pollution source, or to modify, relocate or reactivate an existing source of a "criteria pollutant" for which the area is designated nonattainment A source that emits more than 50 tons per year of volatile organic compounds or VOCs and nitrogen oxides or NOx -- chemical precursors of ground-level ozone -- is considered a major source in the Northern Virginia nonattainment area, because the area is classified "serious" for ozone nonattainment A modification is any change to the facility or process, including hours of operation, which increases the potential to emit an air pollutant or causes a pollutant to be emitted that was not previously emitted.
Legal Authority:
Federal Clean Air Act Virginia Code Section 10.1-1300 et. Seq. Virginia Administrative Code 9 VAC 5-50-10 et seq., 9 VAC 5-60-10 et seq. and 9 VAC 5-80-30 et seq.
Terms:
Remains in effect until further modifications are made, the source is relocated or the permit is replaced by an operating permit.
Fees:
Application fees apply to major sources construted at undeveloped sites.
Typical requirements of a permit:
Stationary sources in a nonattainment area must control their emissions with the "best available control technology" or BACT for the criteria pollutants that meet the standard. For volatile organic compounds, the more restrictive "lowest achievable emission rate" or LAER must be achieved. Nitrogen oxides also became subject to LAER on January 1, 1993. Carbon monoxide is subject to LAER in two localities. "Maximum achievable control technology" or MACT must be applied to regulated hazardous air pollutants. To avoid increasing the total amount of a criteria pollutant in a nonattainment area, a new or expanding business also must offset whatever emissions it intends to emit. For volatile organic compounds or VOCs and Nitrogen oxides or NOx, the offsetting ratio must be greater than 1-to-1, depending on the severity classification of the non-attainment area. Certain identified hazardous pollutants must be limited to specified levels.
Application process:
Contact the appropriate DEQ regional office for your location. To be considered complete an application must:
- Demonstrate incorporation of BACT for attainment pollutants, MACT for hazardous air pollutants and LAER for nonattainment pollutants.
- Present evidence that local zoning requirements are satisfied.
- Include proof of application fee paid.
Applicant must demonstrate offsetting reductions of existing VOC and NOx pollutant levels for the application to be considered complete. Review of complete application normally takes 90 days. Time frames for processing of applications provide more information. Applicant must publish a newspaper notice of the project and conduct a public information meeting. A public hearing is required. Decision to grant or deny a permit is normally made by the DEQ regional director. However, controversial cases may be presented to the Air Board.