Regulatory Alert - April 2021 Changes for Virginia DEQ

Regulatory Alert

Aegis extends this brief summary of a recent change with how the Virginia DEQ is processing permits for Title V sources: 

The Virginia DEQ has recently begun processing Article 6 permits for new and modified “state major” sources (sources with a PTE greater than 100 TPY for any Article 6 regulated pollutant) in a different manner than in years past.  Under their new guidance, a state major permit has to be issued for (1) new major stationary sources (for those with post-permit PTE over 100 tpy for any Article 6 regulated pollutant) not subject to Articles 8 or 9 (major NSR) and for (2) major modifications, where the application is for a project at an existing state major source and the project increase is above the significance amounts below, and the project is not subject to permitting under Articles 8 or 9 (major NSR) for that pollutant.

Significance Levels:

PollutantEmissions Rate
Carbon Monoxide100 tons per year (tpy)
Nitrogen Oxides40 tpy
Sulfur Dioxide40 tpy
Particulate Matter (PM)25 tpy
Particulate Matter (PM10)15 tpy
Particulate Matter (PM2.5)10 tpy
Volatile organic compounds40 tpy
Lead0.6 tpy

The main implications of this change are that such a project would now have the following requirements that it would not have had under a minor NSR Article 6 permit, followed by subsequent Title V modification (the way DEQ used to process this):

  • The 2021 Permit Fee for a State Major Permit is $28,347 (versus the $5,669 fee for an Article 6 mNSR permit application)
  • A Local Governing Body Certification form will be required, even for existing sources undertaking a state major modification.
  • There are public participation requirements, including public notice, public comment period of at least 30 days, a public hearing, and an additional 15-day comment period.
  • The facility could be required to model for NAAQS compliance.

This change will not affect every Title V source, or every project at a Title V source, but will have a very substantial impact on those it does.  For more information, please contact Jessica Gunter or Chris Lampel