{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1322.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1322.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1322.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1322.2.html"}],"law_id":57793,"edition_id":1,"section_id":57793,"structure_id":12861,"section_number":"10.1-1322.2","catch_line":"Preliminary program permit fees","history":"1992, c. 488.","full_text":"A\n\nPrior to the adoption and implementation of a permit fee schedule as authorized under subsection B of § 10.1-1322, the owners of sources of air pollution which are registered by the Department in accordance with the regulations of the Board are assessed preliminary program permit fees on an annual basis in accordance with subsection C of this section. These fees shall be deposited in the Air Pollution Permit Program Fund established by § 10.1-1322.1. The Department shall issue annual notices of the fees to owners of registered sources on or before August 1 of each fiscal year. Each notice of a fee shall include a summary of the data on which the fee is based. Fees shall be payable thirty days after receipt of notice. Failure to make timely payment within ninety days shall be grounds to institute a collection action against the owner of the registered source by the Attorney General.B\n\nThe provisions of this section shall be applicable to all owners in cases where the aggregate of all pollutants emitted (as calculated or estimated) by all sources owned or controlled by the same owner, or by any entity controlling, controlled by, or under common control with such owner, are greater than 500 tons per year. Any individual stationary source with actual emissions (as calculated or estimated) of less than 100 tons per year shall not be subject to a fee under subsection C of this section. Determination of the tons per year of air pollution shall be based on all actual pollutants emitted during the prior calendar year.C\n\nThe Department shall assess preliminary program permit fees uniformly, based on the aggregate of all pollutants emitted (as calculated or estimated) during the calendar year immediately preceding the fiscal year, in an amount calculated to produce revenue totaling $3.1 million. In no instance shall a preliminary fee assessed in any calendar year exceed $100,000 per source. The establishment of a fee schedule under this subsection shall be exempt from the provisions of Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2.D\n\nNotices of preliminary program permit fees shall not be issued for any fiscal year in which the fees for the operating permit program are in effect in accordance with regulations adopted pursuant to subsection B of § 10.1-1322. Should a permit program fee become due and payable during a fiscal year when the owner has paid a preliminary program permit fee, the permit program fee shall be reduced in an amount equal to the pro rata share of the preliminary program permit fee for the months remaining in the fiscal year. The pro rata share is determined by dividing the fee into twelve equal parts and multiplying that sum by the number of months remaining in the fiscal year.E\n\nUtilization of the fees collected pursuant to this section shall be limited to the agency’s direct and indirect costs of processing permits in order to more efficiently issue permits and to prepare for and begin implementation of the federal Clean Air Act requirements. The fees shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.F\n\nFees collected pursuant to this section shall not supplant or reduce in any way the general fund appropriation to the Department.","order_by":null,"text":{"0":{"id":211642,"text":"Prior to the adoption and implementation of a permit fee schedule as authorized under subsection B of § 10.1-1322, the owners of sources of air pollution which are registered by the Department in accordance with the regulations of the Board are assessed preliminary program permit fees on an annual basis in accordance with subsection C of this section. These fees shall be deposited in the Air Pollution Permit Program Fund established by § 10.1-1322.1. The Department shall issue annual notices of the fees to owners of registered sources on or before August 1 of each fiscal year. Each notice of a fee shall include a summary of the data on which the fee is based. Fees shall be payable thirty days after receipt of notice. Failure to make timely payment within ninety days shall be grounds to institute a collection action against the owner of the registered source by the Attorney General.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":211643,"text":"The provisions of this section shall be applicable to all owners in cases where the aggregate of all pollutants emitted (as calculated or estimated) by all sources owned or controlled by the same owner, or by any entity controlling, controlled by, or under common control with such owner, are greater than 500 tons per year. Any individual stationary source with actual emissions (as calculated or estimated) of less than 100 tons per year shall not be subject to a fee under subsection C of this section. Determination of the tons per year of air pollution shall be based on all actual pollutants emitted during the prior calendar year.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":211644,"text":"The Department shall assess preliminary program permit fees uniformly, based on the aggregate of all pollutants emitted (as calculated or estimated) during the calendar year immediately preceding the fiscal year, in an amount calculated to produce revenue totaling $3.1 million. In no instance shall a preliminary fee assessed in any calendar year exceed $100,000 per source. The establishment of a fee schedule under this subsection shall be exempt from the provisions of Article 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":211645,"text":"Notices of preliminary program permit fees shall not be issued for any fiscal year in which the fees for the operating permit program are in effect in accordance with regulations adopted pursuant to subsection B of § 10.1-1322. Should a permit program fee become due and payable during a fiscal year when the owner has paid a preliminary program permit fee, the permit program fee shall be reduced in an amount equal to the pro rata share of the preliminary program permit fee for the months remaining in the fiscal year. The pro rata share is determined by dividing the fee into twelve equal parts and multiplying that sum by the number of months remaining in the fiscal year.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":211646,"text":"Utilization of the fees collected pursuant to this section shall be limited to the agency’s direct and indirect costs of processing permits in order to more efficiently issue permits and to prepare for and begin implementation of the federal Clean Air Act requirements. The fees shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":211647,"text":"Fees collected pursuant to this section shall not supplant or reduce in any way the general fund appropriation to the Department.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":12861,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12860,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145653,"object_type":"structure","relational_id":12861,"identifier":"1","token":"10.1\/II\/13\/1","url":"\/10.1\/II\/13\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12860,"edition_id":1,"name":"Air Pollution Control Board","identifier":"13","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":145651,"object_type":"structure","relational_id":12860,"identifier":"13","token":"10.1\/II\/13","url":"\/10.1\/II\/13\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":77830,"structure_id":12861,"section_number":"10.1-1300","catch_line":"Definitions","url":"\/10.1-1300\/","token":"10.1\/II\/13\/1\/10.1-1300","metadata":false},{"id":63039,"structure_id":12861,"section_number":"10.1-1300.1","catch_line":"Certified mail; subsequent mail or notices may be sent by regular mail","url":"\/10.1-1300.1\/","token":"10.1\/II\/13\/1\/10.1-1300.1","metadata":false},{"id":69548,"structure_id":12861,"section_number":"10.1-1301","catch_line":"State Air Pollution Control Board; membership; terms; vacancies","url":"\/10.1-1301\/","token":"10.1\/II\/13\/1\/10.1-1301","metadata":false},{"id":84212,"structure_id":12861,"section_number":"10.1-1302","catch_line":"Qualifications of members of Board","url":"\/10.1-1302\/","token":"10.1\/II\/13\/1\/10.1-1302","metadata":false},{"id":60558,"structure_id":12861,"section_number":"10.1-1303","catch_line":"Chairman of the Board; Executive Director; cooperation of state agencies","url":"\/10.1-1303\/","token":"10.1\/II\/13\/1\/10.1-1303","metadata":false},{"id":60398,"structure_id":12861,"section_number":"10.1-1304","catch_line":"Meetings of Board; quorum","url":"\/10.1-1304\/","token":"10.1\/II\/13\/1\/10.1-1304","metadata":false},{"id":82080,"structure_id":12861,"section_number":"10.1-1305","catch_line":"Records of proceedings of Board","url":"\/10.1-1305\/","token":"10.1\/II\/13\/1\/10.1-1305","metadata":false},{"id":82195,"structure_id":12861,"section_number":"10.1-1306","catch_line":"Inspections, investigations, etc","url":"\/10.1-1306\/","token":"10.1\/II\/13\/1\/10.1-1306","metadata":false},{"id":74498,"structure_id":12861,"section_number":"10.1-1307","catch_line":"Further powers and duties of Board and Department","url":"\/10.1-1307\/","token":"10.1\/II\/13\/1\/10.1-1307","metadata":false},{"id":56548,"structure_id":12861,"section_number":"10.1-1307.01","catch_line":"Further duties of Board and Department; localities particularly affected","url":"\/10.1-1307.01\/","token":"10.1\/II\/13\/1\/10.1-1307.01","metadata":false},{"id":80356,"structure_id":12861,"section_number":"10.1-1307.02","catch_line":"Permit for generation of electricity during ISO-declared emergency","url":"\/10.1-1307.02\/","token":"10.1\/II\/13\/1\/10.1-1307.02","metadata":false},{"id":78676,"structure_id":12861,"section_number":"10.1-1307.03","catch_line":"Requirements applicable to Outer Continental Shelf sources","url":"\/10.1-1307.03\/","token":"10.1\/II\/13\/1\/10.1-1307.03","metadata":false},{"id":77963,"structure_id":12861,"section_number":"10.1-1307.04","catch_line":"Greenhouse gas emissions inventory","url":"\/10.1-1307.04\/","token":"10.1\/II\/13\/1\/10.1-1307.04","metadata":false},{"id":77934,"structure_id":12861,"section_number":"10.1-1307.05","catch_line":"Low-emissions and zero-emissions vehicle standards","url":"\/10.1-1307.05\/","token":"10.1\/II\/13\/1\/10.1-1307.05","metadata":false},{"id":83663,"structure_id":12861,"section_number":"10.1-1307.1","catch_line":"Department continued; appointment of Director","url":"\/10.1-1307.1\/","token":"10.1\/II\/13\/1\/10.1-1307.1","metadata":false},{"id":80397,"structure_id":12861,"section_number":"10.1-1307.2","catch_line":"Powers and duties of the Executive Director","url":"\/10.1-1307.2\/","token":"10.1\/II\/13\/1\/10.1-1307.2","metadata":false},{"id":62436,"structure_id":12861,"section_number":"10.1-1307.3","catch_line":"Executive Director to enforce laws","url":"\/10.1-1307.3\/","token":"10.1\/II\/13\/1\/10.1-1307.3","metadata":false},{"id":57864,"structure_id":12861,"section_number":"10.1-1308","catch_line":"Regulations","url":"\/10.1-1308\/","token":"10.1\/II\/13\/1\/10.1-1308","metadata":false},{"id":76943,"structure_id":12861,"section_number":"10.1-1308.01","catch_line":"Qualified fumigation facilities","url":"\/10.1-1308.01\/","token":"10.1\/II\/13\/1\/10.1-1308.01","metadata":false},{"id":82671,"structure_id":12861,"section_number":"10.1-1308.1","catch_line":"Streamlined permitting process for qualified energy generators","url":"\/10.1-1308.1\/","token":"10.1\/II\/13\/1\/10.1-1308.1","metadata":false},{"id":73292,"structure_id":12861,"section_number":"10.1-1309","catch_line":"Issuance of special orders; civil penalties","url":"\/10.1-1309\/","token":"10.1\/II\/13\/1\/10.1-1309","metadata":false},{"id":84294,"structure_id":12861,"section_number":"10.1-1309.1","catch_line":"Special orders; penalties","url":"\/10.1-1309.1\/","token":"10.1\/II\/13\/1\/10.1-1309.1","metadata":false},{"id":86080,"structure_id":12861,"section_number":"10.1-1310","catch_line":"Decision of Department pursuant to hearing","url":"\/10.1-1310\/","token":"10.1\/II\/13\/1\/10.1-1310","metadata":false},{"id":70030,"structure_id":12861,"section_number":"10.1-1310.1","catch_line":"Notification of local government","url":"\/10.1-1310.1\/","token":"10.1\/II\/13\/1\/10.1-1310.1","metadata":false},{"id":58705,"structure_id":12861,"section_number":"10.1-1311","catch_line":"Penalties for noncompliance; judicial review","url":"\/10.1-1311\/","token":"10.1\/II\/13\/1\/10.1-1311","metadata":false},{"id":54355,"structure_id":12861,"section_number":"10.1-1312","catch_line":"Air pollution control districts","url":"\/10.1-1312\/","token":"10.1\/II\/13\/1\/10.1-1312","metadata":false},{"id":56750,"structure_id":12861,"section_number":"10.1-1313","catch_line":"State Advisory Board on Air Pollution","url":"\/10.1-1313\/","token":"10.1\/II\/13\/1\/10.1-1313","metadata":false},{"id":59788,"structure_id":12861,"section_number":"10.1-1314","catch_line":"Owners to furnish plans, specifications and information","url":"\/10.1-1314\/","token":"10.1\/II\/13\/1\/10.1-1314","metadata":false},{"id":78602,"structure_id":12861,"section_number":"10.1-1314.1","catch_line":"Protection of trade secrets","url":"\/10.1-1314.1\/","token":"10.1\/II\/13\/1\/10.1-1314.1","metadata":false},{"id":53996,"structure_id":12861,"section_number":"10.1-1315","catch_line":"Right of entry","url":"\/10.1-1315\/","token":"10.1\/II\/13\/1\/10.1-1315","metadata":false},{"id":83968,"structure_id":12861,"section_number":"10.1-1316","catch_line":"Enforcement and civil penalties","url":"\/10.1-1316\/","token":"10.1\/II\/13\/1\/10.1-1316","metadata":false},{"id":64048,"structure_id":12861,"section_number":"10.1-1316.1","catch_line":"Severe ozone nonattainment areas; 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use of moneys","url":"\/10.1-1322.1\/","token":"10.1\/II\/13\/1\/10.1-1322.1","metadata":false},"next_section":{"id":67112,"structure_id":12861,"section_number":"10.1-1322.3","catch_line":"Emissions trading programs; emissions credits; Board to promulgate regulations","url":"\/10.1-1322.3\/","token":"10.1\/II\/13\/1\/10.1-1322.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1322.2\/","history_text":"

This law was first created in 1992. The record of its establishment is cataloged in chapter 488 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1992 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":87432,"section_number":"10.1-1322.1","catch_line":"Air Pollution Permit Program Fund established; use of moneys","order_by":null,"url":"\/10.1-1322.1\/"}],"refers_to":[{"id":63202,"section_number":"10.1-1322","catch_line":"Permits","order_by":null,"url":"\/10.1-1322\/"},{"id":87432,"section_number":"10.1-1322.1","catch_line":"Air Pollution Permit Program Fund established; use of moneys","order_by":null,"url":"\/10.1-1322.1\/"},{"id":78729,"section_number":"2.2-4006","catch_line":"Exemptions from requirements of this article","order_by":null,"url":"\/2.2-4006\/"}],"permalink":{"id":145823,"object_type":"law","relational_id":57793,"identifier":"10.1-1322.2","token":"10.1\/II\/13\/1\/10.1-1322.2","url":"\/10.1-1322.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1322.2\/","token":"10.1\/II\/13\/1\/10.1-1322.2","dublin_core":{"Title":"Preliminary program permit fees","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1322.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to the adoption and implementation of a permit fee schedule as authorized under subsection B of § 10.1-1322<\/a>, the owners<\/span> of sources of air pollution<\/span> which are registered by the Department<\/span> in accordance with the regulations of the Board<\/span> are assessed preliminary program permit fees on an annual basis in accordance with subsection C of this section. These fees shall be deposited in the Air Pollution<\/span> Permit Program Fund established by § 10.1-1322.1<\/a>. The Department<\/span> shall issue<\/span> annual notices of the fees to owners<\/span> of registered sources on or before August 1 of each fiscal year. Each notice of a fee shall include a summary of the data on which the fee is based. Fees shall be payable thirty days after receipt of notice. Failure to make timely payment within ninety days shall be grounds to institute a collection action against the owner<\/span> of the registered source by the Attorney General<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The provisions of this section shall be applicable to all owners<\/span> in cases where the aggregate of all pollutants emitted (as calculated or estimated) by all sources owned or controlled by the same owner<\/span>, or by any entity controlling, controlled by, or under common control with such owner<\/span>, are greater than 500 tons per year. Any individual stationary source with actual emissions (as calculated or estimated) of less than 100 tons per year shall not be subject to a fee under subsection C of this section. Determination of the tons per year of air pollution<\/span> shall be based on all actual pollutants emitted during the prior calendar year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall assess preliminary program permit fees uniformly, based on the aggregate of all pollutants emitted (as calculated or estimated) during the calendar year immediately preceding the fiscal year, in an amount calculated to produce revenue totaling $3.1 million. In no instance shall a preliminary fee assessed in any calendar year exceed $100,000 per source. The establishment of a fee schedule under this subsection shall be exempt from the provisions of Article 2 (§ 2.2-4006<\/a> et seq.) of Chapter 40 of Title 2.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notices of preliminary program permit fees shall not be issued for any fiscal year in which the fees for the operating permit program are in effect in accordance with regulations adopted pursuant to subsection B of § 10.1-1322<\/a>. Should a permit program fee become due and payable during a fiscal year when the owner<\/span> has paid a preliminary program permit fee, the permit program fee shall be reduced in an amount equal to the pro rata share of the preliminary program permit fee for the months remaining in the fiscal year. The pro rata share is determined by dividing the fee into twelve equal parts and multiplying that sum by the number of months remaining in the fiscal year. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Utilization of the fees collected pursuant to this section shall be limited to the agency’s direct and indirect costs of processing permits in order<\/span> to more efficiently issue<\/span> permits and to prepare for and begin implementation of the federal Clean Air Act requirements. The fees shall be exempt from statewide indirect costs charged and collected by the Department<\/span> of Accounts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Fees collected pursuant to this section shall not supplant or reduce in any way the general fund appropriation to the Department<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPRELIMINARY PROGRAM PERMIT FEES (\u00a7 10.1-1322.2)\n\nA. Prior to the adoption and implementation of a permit fee schedule as\nauthorized under subsection B of § 10.1-1322, the owners of sources of air\npollution which are registered by the Department in accordance with the\nregulations of the Board are assessed preliminary program permit fees on an\nannual basis in accordance with subsection C of this section. These fees shall\nbe deposited in the Air Pollution Permit Program Fund established by §\n10.1-1322.1. The Department shall issue annual notices of the fees to owners of\nregistered sources on or before August 1 of each fiscal year. Each notice of a\nfee shall include a summary of the data on which the fee is based. Fees shall be\npayable thirty days after receipt of notice. Failure to make timely payment\nwithin ninety days shall be grounds to institute a collection action against the\nowner of the registered source by the Attorney General.\n\nB. The provisions of this section shall be applicable to all owners in cases\nwhere the aggregate of all pollutants emitted (as calculated or estimated) by\nall sources owned or controlled by the same owner, or by any entity controlling,\ncontrolled by, or under common control with such owner, are greater than 500\ntons per year. Any individual stationary source with actual emissions (as\ncalculated or estimated) of less than 100 tons per year shall not be subject to\na fee under subsection C of this section. Determination of the tons per year of\nair pollution shall be based on all actual pollutants emitted during the prior\ncalendar year.\n\nC. The Department shall assess preliminary program permit fees uniformly, based\non the aggregate of all pollutants emitted (as calculated or estimated) during\nthe calendar year immediately preceding the fiscal year, in an amount calculated\nto produce revenue totaling $3.1 million. In no instance shall a preliminary fee\nassessed in any calendar year exceed $100,000 per source. The establishment of a\nfee schedule under this subsection shall be exempt from the provisions of\nArticle 2 (§ 2.2-4006 et seq.) of Chapter 40 of Title 2.2.\n\nD. Notices of preliminary program permit fees shall not be issued for any fiscal\nyear in which the fees for the operating permit program are in effect in\naccordance with regulations adopted pursuant to subsection B of §\n10.1-1322. Should a permit program fee become due and payable during a fiscal\nyear when the owner has paid a preliminary program permit fee, the permit\nprogram fee shall be reduced in an amount equal to the pro rata share of the\npreliminary program permit fee for the months remaining in the fiscal year. The\npro rata share is determined by dividing the fee into twelve equal parts and\nmultiplying that sum by the number of months remaining in the fiscal year.\n\nE. Utilization of the fees collected pursuant to this section shall be limited\nto the agency’s direct and indirect costs of processing permits in order\nto more efficiently issue permits and to prepare for and begin implementation of\nthe federal Clean Air Act requirements. The fees shall be exempt from statewide\nindirect costs charged and collected by the Department of Accounts.\n\nF. Fees collected pursuant to this section shall not supplant or reduce in any\nway the general fund appropriation to the Department.\n\nHISTORY: 1992, c. 488.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}