{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1322.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1322.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1322.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1322.html"}],"law_id":63202,"edition_id":1,"section_id":63202,"structure_id":12861,"section_number":"10.1-1322","catch_line":"Permits","history":"1978, c. 818, \u00a7 10-17.30:1; 1988, c. 891; 1992, c. 488; 1993, c. 711; 1994, c. 227; 1995, c. 158; 2004, cc. 249, 324; 2005, c. 633; 2008, cc. 276, 557; 2012, c. 581; 2022, c. 356.","full_text":"A\n\nPursuant to regulations adopted by the Board, permits may be issued, amended, revoked or terminated and reissued by the Department and may be enforced under the provisions of this chapter in the same manner as regulations and orders. Failure to comply with any condition of a permit shall be considered a violation of this chapter and investigations and enforcement actions may be pursued in the same manner as is done with regulations of the Board and orders of the Department under the provisions of this chapter. To the extent allowed by federal law, any person holding a permit who is intending to upgrade the permitted facility by installing technology, control equipment, or other apparatus that the permittee demonstrates to the satisfaction of the Director will result in improved energy efficiency, will reduce the emissions of regulated air pollutants, and meets the requirements of Best Available Control Technology shall not be required to obtain a new, modified, or amended permit. The permit holder shall provide the demonstration anticipated by this subsection to the Department no later than 30 days prior to commencing construction.B\n\nThe Board by regulation may prescribe and provide for the payment and collection of annual permit program fees for air pollution sources. Annual permit program fees shall not be collected until (i) the federal Environmental Protection Agency approves the Board’s operating permit program established pursuant to Title V of the federal Clean Air Act or (ii) the Governor determines that such fees are needed earlier to maintain primacy over the program. The annual fees shall be based on the actual emissions (as calculated or estimated) of each regulated pollutant, as defined in § 502 of the federal Clean Air Act, in tons per year, not to exceed 4,000 tons per year of each pollutant for each source. The annual permit program fees shall not exceed a base year amount of $25 per ton using 1990 as the base year, and shall be adjusted annually by the Consumer Price Index as described in § 502 of the federal Clean Air Act. Permit program fees for air pollution sources who receive state operating permits in lieu of Title V operating permits shall be paid in the first year and thereafter shall be paid biennially. The fees shall approximate the direct and indirect costs of administering and enforcing the permit program, and of administering the small business stationary source technical and environmental compliance assistance program as required by the federal Clean Air Act. The Board shall promulgate regulations establishing permit application fee amounts not to exceed $30,000 from applicants for a permit for a new major stationary source. The permit application fee amount paid shall be credited towards the amount of annual fees owed pursuant to this section during the first two years of the source’s operation. The fees shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.C\n\nWhen adopting regulations for permit program fees for air pollution sources, the Board shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industry in the Commonwealth at a competitive disadvantage.D\n\nOn or before January 1 of every even-numbered year, the Department shall make an evaluation of the implementation of the permit fee program and provide this evaluation in writing to the Senate Committee on Agriculture, Conservation and Natural Resources, the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, the House Committee on Agriculture, Chesapeake and Natural Resources, and the House Committee on Finance. This evaluation shall include a report on the total fees collected, the amount of general funds allocated to the Department, the Department’s use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing.E\n\nTo the extent allowed by federal law and regulations, priority for utilization of permit fees shall be given to cover the costs of processing permit applications in order to more efficiently issue permits.F\n\nFees collected pursuant to this section shall not supplant or reduce in any way the general fund appropriation to the Department.G\n\nThe permit fees shall apply to permit programs in existence on July 1, 1992, any additional permit programs that may be required by the federal government and administered by the Department, or any new permit program required by the Code of Virginia.H\n\nThe permit program fee regulations promulgated pursuant to this section shall not become effective until July 1, 1993.I\n\n[Expired.]","order_by":null,"text":{"0":{"id":230424,"text":"Pursuant to regulations adopted by the Board, permits may be issued, amended, revoked or terminated and reissued by the Department and may be enforced under the provisions of this chapter in the same manner as regulations and orders. Failure to comply with any condition of a permit shall be considered a violation of this chapter and investigations and enforcement actions may be pursued in the same manner as is done with regulations of the Board and orders of the Department under the provisions of this chapter. To the extent allowed by federal law, any person holding a permit who is intending to upgrade the permitted facility by installing technology, control equipment, or other apparatus that the permittee demonstrates to the satisfaction of the Director will result in improved energy efficiency, will reduce the emissions of regulated air pollutants, and meets the requirements of Best Available Control Technology shall not be required to obtain a new, modified, or amended permit. The permit holder shall provide the demonstration anticipated by this subsection to the Department no later than 30 days prior to commencing construction.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":230425,"text":"The Board by regulation may prescribe and provide for the payment and collection of annual permit program fees for air pollution sources. Annual permit program fees shall not be collected until (i) the federal Environmental Protection Agency approves the Board’s operating permit program established pursuant to Title V of the federal Clean Air Act or (ii) the Governor determines that such fees are needed earlier to maintain primacy over the program. The annual fees shall be based on the actual emissions (as calculated or estimated) of each regulated pollutant, as defined in § 502 of the federal Clean Air Act, in tons per year, not to exceed 4,000 tons per year of each pollutant for each source. The annual permit program fees shall not exceed a base year amount of $25 per ton using 1990 as the base year, and shall be adjusted annually by the Consumer Price Index as described in § 502 of the federal Clean Air Act. Permit program fees for air pollution sources who receive state operating permits in lieu of Title V operating permits shall be paid in the first year and thereafter shall be paid biennially. The fees shall approximate the direct and indirect costs of administering and enforcing the permit program, and of administering the small business stationary source technical and environmental compliance assistance program as required by the federal Clean Air Act. The Board shall promulgate regulations establishing permit application fee amounts not to exceed $30,000 from applicants for a permit for a new major stationary source. The permit application fee amount paid shall be credited towards the amount of annual fees owed pursuant to this section during the first two years of the source’s operation. The fees shall be exempt from statewide indirect costs charged and collected by the Department of Accounts.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":230426,"text":"When adopting regulations for permit program fees for air pollution sources, the Board shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industry in the Commonwealth at a competitive disadvantage.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":230427,"text":"On or before January 1 of every even-numbered year, the Department shall make an evaluation of the implementation of the permit fee program and provide this evaluation in writing to the Senate Committee on Agriculture, Conservation and Natural Resources, the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, the House Committee on Agriculture, Chesapeake and Natural Resources, and the House Committee on Finance. This evaluation shall include a report on the total fees collected, the amount of general funds allocated to the Department, the Department’s use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":230428,"text":"To the extent allowed by federal law and regulations, priority for utilization of permit fees shall be given to cover the costs of processing permit applications in order to more efficiently issue permits.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":230429,"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","next_prefix":"G"},"6":{"id":230430,"text":"The permit fees shall apply to permit programs in existence on July 1, 1992, any additional permit programs that may be required by the federal government and administered by the Department, or any new permit program required by the Code of Virginia.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":230431,"text":"The permit program fee regulations promulgated pursuant to this section shall not become effective until July 1, 1993.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":230432,"text":"[Expired.]","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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; fees","url":"\/10.1-1316.1\/","token":"10.1\/II\/13\/1\/10.1-1316.1","metadata":false},{"id":86788,"structure_id":12861,"section_number":"10.1-1317","catch_line":"Judicial review of regulations of Board","url":"\/10.1-1317\/","token":"10.1\/II\/13\/1\/10.1-1317","metadata":false},{"id":85596,"structure_id":12861,"section_number":"10.1-1318","catch_line":"Appeal from decision of Department","url":"\/10.1-1318\/","token":"10.1\/II\/13\/1\/10.1-1318","metadata":false},{"id":72782,"structure_id":12861,"section_number":"10.1-1319","catch_line":"Appeal to Court of Appeals","url":"\/10.1-1319\/","token":"10.1\/II\/13\/1\/10.1-1319","metadata":false},{"id":75588,"structure_id":12861,"section_number":"10.1-1320","catch_line":"Penalties; chapter not to affect right to relief or to maintain action","url":"\/10.1-1320\/","token":"10.1\/II\/13\/1\/10.1-1320","metadata":false},{"id":84508,"structure_id":12861,"section_number":"10.1-1320.1","catch_line":"Duty of attorney for the Commonwealth","url":"\/10.1-1320.1\/","token":"10.1\/II\/13\/1\/10.1-1320.1","metadata":false},{"id":79823,"structure_id":12861,"section_number":"10.1-1321","catch_line":"Local ordinances","url":"\/10.1-1321\/","token":"10.1\/II\/13\/1\/10.1-1321","metadata":false},{"id":75516,"structure_id":12861,"section_number":"10.1-1321.1","catch_line":"When application for permit considered complete","url":"\/10.1-1321.1\/","token":"10.1\/II\/13\/1\/10.1-1321.1","metadata":false},{"id":63202,"structure_id":12861,"section_number":"10.1-1322","catch_line":"Permits","url":"\/10.1-1322\/","token":"10.1\/II\/13\/1\/10.1-1322","metadata":false},{"id":80138,"structure_id":12861,"section_number":"10.1-1322.01","catch_line":"Repealed","url":"\/10.1-1322.01\/","token":"10.1\/II\/13\/1\/10.1-1322.01","metadata":false},{"id":87432,"structure_id":12861,"section_number":"10.1-1322.1","catch_line":"Air Pollution Permit Program Fund established; use of moneys","url":"\/10.1-1322.1\/","token":"10.1\/II\/13\/1\/10.1-1322.1","metadata":false},{"id":57793,"structure_id":12861,"section_number":"10.1-1322.2","catch_line":"Preliminary program permit fees","url":"\/10.1-1322.2\/","token":"10.1\/II\/13\/1\/10.1-1322.2","metadata":false},{"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},{"id":87077,"structure_id":12861,"section_number":"10.1-1322.4","catch_line":"Permit modifications for alternative fuels or raw materials","url":"\/10.1-1322.4\/","token":"10.1\/II\/13\/1\/10.1-1322.4","metadata":false},{"id":73730,"structure_id":12861,"section_number":"10.1-1322.5","catch_line":"Virginia Electric Vehicle Grant Fund and Program; report","url":"\/10.1-1322.5\/","token":"10.1\/II\/13\/1\/10.1-1322.5","metadata":false}],"previous_section":{"id":75516,"structure_id":12861,"section_number":"10.1-1321.1","catch_line":"When application for permit considered complete","url":"\/10.1-1321.1\/","token":"10.1\/II\/13\/1\/10.1-1321.1","metadata":false},"next_section":{"id":80138,"structure_id":12861,"section_number":"10.1-1322.01","catch_line":"Repealed","url":"\/10.1-1322.01\/","token":"10.1\/II\/13\/1\/10.1-1322.01","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1322\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 818 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 1978 \u201cActs\u201d aren\u2019t available online. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1988, chapter 891; in 1992, chapter 488; in 1993, chapter 711; in 1994, chapter 227<\/a>; in 1995, chapter 158<\/a>; in 2004, chapters 249<\/a> and 324<\/a>; in 2005, chapter 633<\/a>; in 2008, chapters 276<\/a> and 557<\/a>; in 2012, chapter 581<\/a>; in 2022, chapter 356<\/a>.<\/p>","references":[{"id":83890,"section_number":"10.1-1183.1","catch_line":"Department of Environmental Quality consolidated annual report","order_by":null,"url":"\/10.1-1183.1\/"},{"id":85596,"section_number":"10.1-1318","catch_line":"Appeal from decision of Department","order_by":null,"url":"\/10.1-1318\/"},{"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":57793,"section_number":"10.1-1322.2","catch_line":"Preliminary program permit fees","order_by":null,"url":"\/10.1-1322.2\/"}],"refers_to":false,"permalink":{"id":145811,"object_type":"law","relational_id":63202,"identifier":"10.1-1322","token":"10.1\/II\/13\/1\/10.1-1322","url":"\/10.1-1322\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1322\/","token":"10.1\/II\/13\/1\/10.1-1322","dublin_core":{"Title":"Permits","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1322","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Pursuant to regulations adopted by the Board<\/span>, permits may be issued, amended, revoked or terminated and reissued by the Department<\/span> and may be enforced under the provisions of this chapter in the same manner as regulations and orders<\/span>. Failure to comply with any condition of a permit shall be considered a violation of this chapter and investigations and enforcement actions may be pursued in the same manner as is done with regulations of the Board<\/span> and orders<\/span> of the Department<\/span> under the provisions of this chapter. To the extent allowed by federal law<\/span>, any person<\/span> holding a permit who is intending to upgrade the permitted facility by installing technology, control equipment, or other apparatus that the permittee demonstrates to the satisfaction of the Director<\/span> will result in improved energy efficiency, will reduce the emissions of regulated air pollutants, and meets the requirements of Best Available Control Technology shall not be required to obtain a new, modified, or amended permit. The permit holder shall provide the demonstration anticipated by this subsection to the Department<\/span> no later than 30 days prior to commencing construction. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Board<\/span> by regulation may prescribe and provide for the payment and collection of annual permit program fees for air pollution<\/span> sources. Annual permit program fees shall not be collected until (i) the federal Environmental Protection Agency approves the Board<\/span>’s operating permit program established pursuant to Title V of the federal Clean Air Act or (ii) the Governor determines that such fees are needed earlier to maintain primacy over the program. The annual fees shall be based on the actual emissions (as calculated or estimated) of each regulated pollutant, as defined in § 502 of the federal Clean Air Act, in tons per year, not to exceed 4,000 tons per year of each pollutant for each source. The annual permit program fees shall not exceed a base year amount of $25 per ton using 1990 as the base year, and shall be adjusted annually by the Consumer Price Index as described in § 502 of the federal Clean Air Act. Permit program fees for air pollution<\/span> sources who receive state operating permits in lieu of Title V operating permits shall be paid in the first year and thereafter shall be paid biennially. The fees shall approximate the direct and indirect costs of administering and enforcing the permit program, and of administering the small business stationary source technical and environmental compliance assistance program as required by the federal Clean Air Act. The Board<\/span> shall promulgate regulations establishing permit application fee amounts not to exceed $30,000 from applicants for a permit for a new major stationary source. The permit application fee amount paid shall be credited towards the amount of annual fees owed pursuant to this section during the first two years of the source’s operation. 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

C.<\/span> When adopting regulations for permit program fees for air pollution<\/span> sources, the Board<\/span> shall take into account the permit fees charged in neighboring states and the importance of not placing existing or prospective industry in the Commonwealth at a competitive disadvantage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> On or before January 1 of every even-numbered year, the Department<\/span> shall make an evaluation of the implementation of the permit fee program and provide this evaluation in writing to the Senate Committee on Agriculture, Conservation and Natural Resources, the Senate Committee on Finance and Appropriations, the House Committee on Appropriations, the House Committee on Agriculture, Chesapeake and Natural Resources, and the House Committee on Finance. This evaluation shall include a report on the total fees collected, the amount of general funds allocated to the Department<\/span>, the Department<\/span>’s use of the fees and the general funds, the number of permit applications received, the number of permits issued, the progress in eliminating permit backlogs, and the timeliness of permit processing. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> To the extent allowed by federal law<\/span> and regulations, priority for utilization of permit fees shall be given to cover the costs of processing permit applications in order<\/span> to more efficiently issue<\/span> permits. <\/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>\n\t\t\t\t\t\t

G.<\/span> The permit fees shall apply to permit programs in existence on July 1, 1992, any additional permit programs that may be required by the federal government and administered by the Department<\/span>, or any new permit program required by the Code of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The permit program fee regulations promulgated pursuant to this section shall not become effective until July 1, 1993. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> [Expired.] <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPERMITS (\u00a7 10.1-1322)\n\nA. Pursuant to regulations adopted by the Board, permits may be issued, amended,\nrevoked or terminated and reissued by the Department and may be enforced under\nthe provisions of this chapter in the same manner as regulations and orders.\nFailure to comply with any condition of a permit shall be considered a violation\nof this chapter and investigations and enforcement actions may be pursued in the\nsame manner as is done with regulations of the Board and orders of the\nDepartment under the provisions of this chapter. To the extent allowed by\nfederal law, any person holding a permit who is intending to upgrade the\npermitted facility by installing technology, control equipment, or other\napparatus that the permittee demonstrates to the satisfaction of the Director\nwill result in improved energy efficiency, will reduce the emissions of\nregulated air pollutants, and meets the requirements of Best Available Control\nTechnology shall not be required to obtain a new, modified, or amended permit.\nThe permit holder shall provide the demonstration anticipated by this subsection\nto the Department no later than 30 days prior to commencing construction.\n\nB. The Board by regulation may prescribe and provide for the payment and\ncollection of annual permit program fees for air pollution sources. Annual\npermit program fees shall not be collected until (i) the federal Environmental\nProtection Agency approves the Board’s operating permit program\nestablished pursuant to Title V of the federal Clean Air Act or (ii) the\nGovernor determines that such fees are needed earlier to maintain primacy over\nthe program. The annual fees shall be based on the actual emissions (as\ncalculated or estimated) of each regulated pollutant, as defined in § 502\nof the federal Clean Air Act, in tons per year, not to exceed 4,000 tons per\nyear of each pollutant for each source. The annual permit program fees shall not\nexceed a base year amount of $25 per ton using 1990 as the base year, and shall\nbe adjusted annually by the Consumer Price Index as described in § 502 of\nthe federal Clean Air Act. Permit program fees for air pollution sources who\nreceive state operating permits in lieu of Title V operating permits shall be\npaid in the first year and thereafter shall be paid biennially. The fees shall\napproximate the direct and indirect costs of administering and enforcing the\npermit program, and of administering the small business stationary source\ntechnical and environmental compliance assistance program as required by the\nfederal Clean Air Act. The Board shall promulgate regulations establishing\npermit application fee amounts not to exceed $30,000 from applicants for a\npermit for a new major stationary source. The permit application fee amount paid\nshall be credited towards the amount of annual fees owed pursuant to this\nsection during the first two years of the source’s operation. The fees\nshall be exempt from statewide indirect costs charged and collected by the\nDepartment of Accounts.\n\nC. When adopting regulations for permit program fees for air pollution sources,\nthe Board shall take into account the permit fees charged in neighboring states\nand the importance of not placing existing or prospective industry in the\nCommonwealth at a competitive disadvantage.\n\nD. On or before January 1 of every even-numbered year, the Department shall make\nan evaluation of the implementation of the permit fee program and provide this\nevaluation in writing to the Senate Committee on Agriculture, Conservation and\nNatural Resources, the Senate Committee on Finance and Appropriations, the House\nCommittee on Appropriations, the House Committee on Agriculture, Chesapeake and\nNatural Resources, and the House Committee on Finance. This evaluation shall\ninclude a report on the total fees collected, the amount of general funds\nallocated to the Department, the Department’s use of the fees and the\ngeneral funds, the number of permit applications received, the number of permits\nissued, the progress in eliminating permit backlogs, and the timeliness of\npermit processing.\n\nE. To the extent allowed by federal law and regulations, priority for\nutilization of permit fees shall be given to cover the costs of processing\npermit applications in order to more efficiently issue permits.\n\nF. Fees collected pursuant to this section shall not supplant or reduce in any\nway the general fund appropriation to the Department.\n\nG. The permit fees shall apply to permit programs in existence on July 1, 1992,\nany additional permit programs that may be required by the federal government\nand administered by the Department, or any new permit program required by the\nCode of Virginia.\n\nH. The permit program fee regulations promulgated pursuant to this section shall\nnot become effective until July 1, 1993.\n\nI. [Expired.]\n\nHISTORY: 1978, c. 818, \u00a7 10-17.30:1; 1988, c. 891; 1992, c. 488; 1993, c. 711;\n1994, c. 227; 1995, c. 158; 2004, cc. 249, 324; 2005, c. 633; 2008, cc. 276,\n557; 2012, c. 581; 2022, c. 356.","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}}