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New and Reconstructed Major Sources of Hazardous Air Pollutants

Article 7 Permit

Permit Applicability

A New and Reconstructed Major Source of Hazardous Air Pollutants Permit is also known as an Article 7 permit. It is a preconstruction review permit for a new or reconstructed facility or emissions unit with controlled emissions over 10 tons per year of an individual hazardous air pollutant (HAP) or 25 tons per year or more of any combination of HAPs. New or reconstructed facilities or emission units regulated by a promulgated MACT standard are not subject to Article 7 permitting.  DEQ document APG-452  provides additional guidance for determining Article 7 (112 g) permitting applicability.

Facilities or emission units not subject to Article 7 permitting may be subject to minor New Source Review (NSR) permitting (Article 6).

Expiration of Permit

Article 7 permits do not expire and remain in effect until a reconstruction or modification takes place at the facility or an applicable MACT standard is promulgated.  Facilities that become subject to a promulgated MACT standard after the Article 7 permit is issued have eight years to comply with the MACT standard if the MACT standard is more stringent than the standard established under the Article 7 permit.

Application Fees

 See the Air Permit Application Fee Form for fee amounts.

Public Participation Requirements

Within 15 days after receiving the initial determination notification from DEQ, the applicant is required to notify the public of the proposed source by placing a public notice in at least one newspaper of general circulation in the affected area.  The applicant is also required to hold an informational briefing in the locality where the source is or will be located.

Article 7 permit applications are subject to a public comment period of at least 30 days.  At the end of the public comment period, a public hearing must be held. 

Details of the public participation requirements can be found in 9VAC5-80-1460.

Time Frames

  • Completeness review: 45 days from receipt of application
  • Processing of application: normally 180 days from receiving a complete application

  Note:  If an Air Pollution Control Board decision is required, it may add 60 days to the processing time.

Application Process

  • Fill out a complete Form 7 applicationPlease note that the facility only has to fill out the pages that apply.  (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
  • Detailed application requirements are located in 9VAC5-80-1440.
  • Include proof of application fee paid.
  • 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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