Virginia Air Permits

Air permits & authorizations

• Exemptions by size, type, and emission rate

  Exemption

  Exempt by type or size under 9VAC5-80-1105 B (e.g., fuel-burning equipment below heat input limits, emergency engines below aggregate horsepower limits operating no more than 500 hours per year), or by uncontrolled emission rate under 9VAC5-80-1105 C (new sources) and D (projects); toxic exemption levels are in 9VAC5-80-1105 E. In ozone nonattainment or maintenance areas, fuel-burning thresholds apply in aggregate per fuel type.

  Using gaseous fuel with a maximum heat input of less than 50,000,000 Btu per hour.

  Thresholds (summarized from source, not a quotation)

  New source exempt rates (uncontrolled, tpy): CO 100, NOx 40, SO2 40, PM 25, PM10 15, PM2.5 10, VOC 25, lead 0.6. Project rates: CO 100, NOx 10, SO2 10, PM 15, PM10 10, PM2.5 6, VOC 10, lead 0.6. Emergency engines: diesel under 1,675 hp (1,125 kW generators), gasoline under 910 hp (611 kW) in aggregate.

  9VAC5-80-1105Official page

• General Permits

  General Permit

  Non-metallic mineral processing (9VAC5-510; Forms 510-1/2/3), biomass pilot test facility (Form 520), voluntary demand response generators (Form 530), and emergency generators (Form 540).

  9VAC5-510 and related general permit chaptersOfficial page

• Minor New Source Review Permit

  Minor NSR

  For new sources or projects above the exemption levels at minor facilities. Does not expire. Completeness review 30 days; processing 90 days (180 with public participation). Form 7.

  Thresholds (summarized from source, not a quotation)

  Facilities under 100 tpy of any criteria pollutant (restated from DEQ).

  9VAC5-80 Article 6 (9VAC5-80-1100 et seq.)Official page

• State Major Permit

  Minor NSR

  For Title V major facilities that are not PSD sources. Requires public participation (30-day comment and hearing) and modeling; processing 180 days.

  Thresholds (summarized from source, not a quotation)

  More than 100 tpy but less than 250 tpy of a criteria pollutant and not in the 28 listed categories (restated from DEQ).

  9VAC5-80 Article 6Official page

• State Operating Permit (SOP)

  State Operating

  Elective permit, most often used to create synthetic minor limits. Does not expire; at least a 30-day public comment period.

  9VAC5-80 Article 5 (9VAC5-80-840, -1020)Official page

• Case-by-case MACT (Article 7)

  Other

  Applies to major HAP sources unless a MACT standard applies. Completeness review 45 days; processing normally 180 days.

  Thresholds (summarized from source, not a quotation)

  Controlled emissions of 10 tpy of any single HAP or 25 tpy combined (restated from DEQ).

  9VAC5-80 Article 7 (9VAC5-80-1440, -1460)Official page

Major NSR (PSD & nonattainment)

• Prevention of Significant Deterioration (PSD)

  PSD

  New major sources and major modifications in attainment areas. Requires BACT and air quality analysis; review up to 12 months with at least one public hearing.

  Thresholds (summarized from source, not a quotation)

  250 tpy of any regulated pollutant, or 100 tpy for the 28 listed categories, or 100,000 tpy CO2e (restated from DEQ's Air Permits page).

  9VAC5-80 Article 8; 9VAC5-85 Part IIIOfficial page

• Nonattainment NSR

  Nonattainment NSR

  Major sources in nonattainment areas; requires LAER and offsets.

  Thresholds (summarized from source, not a quotation)

  Northern Virginia Ozone Nonattainment Area (Ozone Transport Region): 100 tpy NOx and/or 50 tpy VOC (restated).

  9VAC5-80 Article 9 (9VAC5-80-2010)Official page

Title V operating permits

• Title V Operating Permit

  Title V

  Required for facilities above major source thresholds in 9VAC5-80-60 and certain HAP area sources. Form 805; 5-year maximum term; completeness review 60 days; processing 18 months. Title IV acid rain permits also use Form 805.

  9VAC5-80 Article 1 (9VAC5-80-50 et seq.)Official page

Oil & Gas

DEQ's air permit pages list no oil and gas specific air permit. Natural gas compressor stations and similar sources use the exemption, minor NSR, SOP, and Title V framework above.

State air regulations

• 9VAC5-80Permits for Stationary Sources
• 9VAC5-80-1105Permit exemptions (minor NSR)
• 9VAC5-80 Article 6Permits for New and Modified Stationary Sources
• 9VAC5-85Permits for Stationary Sources of Pollutants Subject to Regulation (PSD for GHGs)

Forms

• DEQ Air Permit Forms (Form 7, Form 805, general permit forms, fee form)

Guidance

• Title V Air Permits Guidance Manual
• Air Permits (overview and processing times)

Compliance

State compliance obligations (reporting, emissions inventory, testing) are being indexed. Use the Compliance dashboard preview to see how they will be tracked.

Sources

• Virginia DEQ Air Permits
• 9VAC5-80-1105 (LIS)
• 9VAC5-80 (LIS)

Editorial note: Exemption thresholds restated from the 9VAC5-80-1105 text (one heat input phrase quoted verbatim). Article 8 start section is cited inconsistently in the regulation definitions (9VAC5-80-1605 vs -1700). DEQ guidance APG-576 sets presumptive BACT for data center diesel gen-sets for applications on or after July 1, 2026. Applicability questions: (804) 664-3464.