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Minor New Source Review (NSR) Permits

Permit Applicability:

A facility will need a minor NSR permit if uncontrolled emissions of equipment and process units are above exemption levels listed in (1) For criteria pollutants: 9 VAC 5-80-1105 C (new sources) and D (projects) of state regulations (9 VAC 5, Chapter 80, Article 6) AND (2) For toxics: 9 VAC 5-80-1105 E (toxic exemption levels).  Minor NSR permits are for facilities that emit less than 100 tons per year of any criteria pollutant (PM, PM-10, PM 2.5, CO, NOX, SO2, and VOC) and for facilities that emit toxic pollutants more than state toxic exemption levels but less than 10 tons per year of one toxic pollutant or 25 tons per year of a combination of toxics pollutants.  The criteria pollutant exemption levels are as follows:

Pollutant  New Source
 PM 25 15
PM-10 15 10
PM 2.5 10 6
CO 100 100
NOX 40  10
 SO2 40 10
VOC 25 10

Uncontrolled emissions” are the emissions from an emissions unit when:
  • operating at maximum capacity
  • without air pollution control equipment
  • based on 8,760 hours of operation per year (or an enforceable permitted throughput condition) 

Uncontrolled emissions are calculated by taking the maximum rated capacity of the emission unit, multiplying it by an emission factor, and multiplying it by 8,760 hrs/yr (or an enforceable permitted throughput condition) and dividing by 2000 lbs/ton.  An emission factor is the relationship between the amount of pollution produced and the amount of raw material processed or number of product units produced (for example, lb/MMBtu, lb/ton, etc.).  Emission factors can be AP-42 factors, manufacturer specifications, and/or stack test data.

All the uncontrolled emissions for each pollutant are calculated and added together for each piece of equipment and each process unit at the facility. The total emissions are then compared to the exemption levels stated above. If uncontrolled emissions are below those levels, then it is exempt. If uncontrolled emissions are above those levels, then the facility needs a minor NSR permit. The facility may contact the appropriate DEQ regional office (i.e. the region where the facility is/will be located) for help in determining if you are exempt or need a minor NSR permit.

**Note: Facilities can also be exempt by size and/or type of equipment per 9VAC5-80-1105 B of state regulations.

Expiration of Permit:

Minor NSR permits do not expire and remain in effect until a project (which includes any addition or replacement of an emissions unit, any modification to an emissions unit or any combination of these changes) takes place at the facility.

Application Fees:

  • Sources subject to Title V permitting requirements would submit Application fee for a minor new source review permit. 
  • Sources subject to Synthetic Minor permitting requirements would submit Application fee for a minor new source review permit. 
  • See the Air Permit Application Fee Form for fee amounts.

Public Participation Requirements: 

Minor NSR permits do not have to go through public participation (i.e. 30 day public comment period and a public hearing) unless the facility has the potential for public interest concerning air quality issues, as determined by the board in its discretion.

Time Frames:

  • Completeness review: 30 days from receipt of application.
  • Processing of application: 90 days from receiving a complete application; 180 days from receiving a complete application if public participation is required.

To start the application process:

  • Complete a Form 7 application (or Forms 7A, 7B, or 7C for specific types of facilities).  Please note-only complete the pages that apply to your facility. (The first page of the application states which pages need to be filled out for specific units.)
  • For new greenfield facilities, include a signed Local Governing Body Certification Form, which is located in the Form 7 (or 7A, 7B, or 7C) application.
  • Include any emissions data, stack test data, and/or emission factors for your equipment and process units.
  • Send the completed Form 7 application (with cover letter and other documents) to the appropriate regional office.
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Virginia Department of
Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000

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