Air permitting timelines can have a significant impact on project schedules, especially for greenfield facilities and major modifications at existing sources. In Virginia, the Department of Environmental Quality (DEQ) typically takes three to six months to process a Minor New Source Review (minor NSR) application. Submitting a complete, well-organized application package is one of the most effective ways to help avoid delays and minimize follow-up questions during agency review.
What Makes an Air Permit Application Complete?
A complete air permit application should provide DEQ with the technical and regulatory information needed to evaluate the project efficiently. Key components typically include:
- Process description, which may include a process flow diagram. A clear and appropriately detailed description of the facility or project can reduce the need for follow-up questions. The description should focus on the information DEQ needs to draft and evaluate the permit.
- Emissions documentation. Emissions calculations are needed to determine permitting applicability, typically based on uncontrolled emissions, and to establish permit limits. Where appropriate, limits should be based on potential-to-emit to preserve maximum operational flexibility.
- Regulatory applicability analysis. A thorough regulatory review helps guide DEQ’s identification of applicable requirements and provides an opportunity to propose practical permit terms and conditions.
- Federal regulations: include 40 CFR Part 60 New Source Performance Standards (NSPS) and 40 CFR Parts 61 and 63 National Emission Standards for Hazardous Air Pollutants (NESHAP)
- State regulations: Virginia State Implementation Plan provisions such as Chapter 40 rules for existing stationary sources and Chapter 50 rules for new stationary sources
- Best Available Control Technology (BACT) analysis. BACT is required for pollutants that trigger minor NSR. Importantly, BACT is an emissions limitation and does not necessarily refer to a control device itself.
- Air dispersion modeling, if applicable, for relevant NSR pollutants and air toxics.
- Required application forms, including Form 7 (includes the Site Suitability Form for greenfield facilities), and Form 805 for Title V applications.
DEQ’s Increased Focus on Application Completeness
In response to the growing volume of air permit applications, DEQ has announced that it will stop processing applications the agency deems incomplete if missing materials are not provided within a 15-day grace period. This policy makes it increasingly important for applicants to identify all required materials before submittal and confirm that the package is complete.
One area where DEQ has begun enforcing this approach is with greenfield permit applications and major modifications at existing PSD sources. In these cases, DEQ may return an application if the Local Governing Body Certification Form (LGBC) and Site Suitability Form are not signed by the local governing body representative and submitted with the application. Previously, DEQ may have begun processing applications before these forms were submitted, provided they were received before permit issuance.
Planning for Local Government Review
The new policy may add time to the overall air permitting process because local review timelines vary widely by jurisdiction. In some localities, forms may be submitted for signature while the air permit application is being developed. Other localities may require review of a complete air permit application before signing, or may have specific internal procedures for processing these requests. An example of the latter is Chesterfield County, which requires submitting an application for a written determination through an online portal and paying a $150 fee for a county representative to review and sign the LGBC form. Note that Chesterfield County does not sign the Site Suitability form because “suitability” is an undefined term without clear criteria.
The LGBC form is automatically approved if the locality does not respond within 45 days, which can add up to 45 days to the application development timeline. There is no comparable timeline for a locality to sign or reject a Site Suitability Form, so applicants should discuss planning and zoning considerations with local representatives as early as possible to reduce the risk of delays.
Key Takeaways for Applicants
Companies planning greenfield projects or major modifications at PSD sources should account for DEQ’s completeness policy when developing their permit schedules. In addition to DEQ’s typical three-to-six-month review period for minor NSR applications, applicants should consider whether local signature requirements could add one to two months to the front end of the process.
Before submitting an application, applicants should also consider using DEQ’s published checklists for minor NSR, Title V, and PSD permit applications to confirm that all materials needed for a completeness determination are included in the submittal package.
If your company is preparing an air permit application in Virginia, Trinity Consultants can help evaluate permitting requirements, develop emissions calculations, prepare application materials, and support coordination with DEQ and local government representatives. For questions about Virginia air permitting or DEQ’s completeness policy, please contact Farshid Kiani in Trinity’s Richmond office or Susan Barnes in Trinity’s Maryland office.
