Virginia-VDEQ NSR

New Source Review (NSR)

VDEQ general Air Permitting Definitions: 9VAC5-10-20. Terms defined.  This is the general definition section.  Some sections of the regulations have definitions specific to that section. The definition of VOCs included exempted chemicals matches the EPA definition for VOCs EPA Definitions in SIP §51.100 Definitions.

Projects that meet the definition of a "modification" under Chapter 80, Articles 6 (minor) or 8 (Major) of the Regulation maybe required to go through new source review permitting before construction (VDEQ Guidance Document on PSD Sources & Construction) is initiated . Facility modifications under the New Source Review regulation are termed "Projects".   If the project (modification) meets any of the permitting exemptions, as stated in 9 VAC 5-80-1105, then the facility may not need a permit.

  1. 9VAC5 CHAPTER 80 PERMITS - Article 6 Permits for New and Modified Stationary Sources   This regulation is referred to as New Source Review (NSR).   The NSR regulation applies to any facility modification which is not exempt as summarized in the exemption thresholds criteria outlined below. VDEQ considers a process modification as a new source from an existing facility/process.  This is the regulation through which BACT/RACT/LAER is established for all new processes.   Therefore, it should be assumed that the VDEQ will define a "process modification" very strictly.
  2. 9 VAC 5 CHAPTER 80 Article 8 Permits for Major New and Modified Sources ARTICLE 8 Permits are NSR Permits for Major New Stationary Sources and Major Modifications at Existing facilities in Prevention of Significant Deterioration Areas (PSD).  The entire State of Virginia is in a PSD area.  Article 8 specifies the threshold limits for when a modification is considered major (significant), and the permitting requirements that apply to these new or modified sources. Requirements can include public notice.  
VDEQ NSR Exemption Thresholds:
The following links outline thresholds for when a process modification is subject to the New Source Review Requirements.  The Thresholds are calculated based on uncontrolled emissions (Potential to Emit; PTE - 8760 hrs) not actual emissions.  The calculation does not include controls even when present on the equipment associated with projects.  This is designed to ensure the control is under the legal authority of a permit.  
  1. VDEQ NSR Web Page summarizes permitting thresholds for Criteria Pollutants (PM, PM-2.5, PM-10, CO, NOx, SO2, VOC).
  2. VDEQ NSR Toxics Exemption Spreadsheet (see above link) lists individual permitting thresholds for hazardous Air Pollutants.   The spreadsheet can be accessed through the VDEQ web page link above.  
  3. NSR Permitting Exemptions:  This link provides the list of activities that are exempt from NSR permitting. The list of "exempt activities" under NSR regulations is not the same as the list of "insignificant activities" for an existing facility. 
  4. Replacing Like Equipment : Article 6 covers the replacement of like equipment with like equipment. While no permit is required, notification to the VDEQ of the equipment replacement activity is required.  Equipment that will result only in fugitive emissions is not covered.  Note emissions to a building enclosure are not fugitive as defined by NSR.  
Important New Source Review Definitions:
  1. "Fugitive emissions" means those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.
  2. "Modification" means any physical change in, or change in the method of operation of an emissions unit that increases the uncontrolled emission rate of any regulated air pollutant emitted into the atmosphere by the unit or that results in the emission of any regulated air pollutant into the atmosphere not previously emitted.  E
  3. "Process operation" means any method, form, action, operation or treatment of manufacturing or processing, including any storage or handling of materials or products before, during or after manufacturing or processing.
  4. VADEQ Regulatory Terms Defined
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  38k v. 6 Nov 2, 2015, 11:25 AM Bill Graves