Governing Law and Regulations
Construction permits: 9 Virginia Administrative Code (VAC) 5-80-1100 to 5-80-1320
Nonattainment new source review (NSR): 9 VAC 5-50-270 and 9 VAC 5-80-2000 to 5-80-2240
Nonattainment areas: 40 CFR 81.347 and 9 VAC 5-20-204
Permitting process: 9 VAC 5-50-270, 9 VAC 5-80-2040, 9 VAC 5-80-2060, 9 VAC 5-80-2070, and 9 VAC 5-80-2110
Prevention of significant deterioration (PSD): 40 CFR 52.2423, 40 CFR 52.2451, 9 VAC 5-50-280, 9 VAC 5-80-1605 to 5-80-1995, 9 VAC 5-85-10, 9 VAC 5-85-40, and 9 VAC 5-85-50
Virginia Department of Environmental Quality (DEQ) Division of Air Quality
See ADDRESSES & CONTACTS for addresses and telephone numbers.
See national section for basic information and federal regulations.
Comparison: State vs. Federal
• Rules. Virginia requires a facility to apply for and obtain a construction permit before beginning construction of a new source or modifying an existing source. New major sources or modifications to existing major sources must comply with the applicable provisions of nonattainment New Source Review (NSR) and/or Prevention of Significant Deterioration (PSD) depending on the attainment status of the area where the source is located and the type and quantity of air pollutants emitted.
Virginia is currently in attainment with all the National Ambient Air Quality Standards (NAAQS) for the various criteria pollutants, except the 8-hour ozone standard and the annual fine particulate matter (PM-2.5) standard. Therefore, both the provisions of nonattainment NSR and PSD are applicable in the state. Virginia administers state implementation plan (SIP)-approved programs. Therefore, the provisions of federal nonattainment NSR, PSD, and any amendments are not ...