In general, VOC emissions should be included in any calculation of source or facility emissions. VOC emissions from stacks should be included in calculations. Virginia defines fugitive emissions as "those emissions that could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening." Inclusion of fugitive emissions depends on the purpose of the calculations

State construction permits. Fugitive VOC emissions must be included in calculations when determining if the source is subject state construction permit requirements, unless only fugitive emissions are considered in calculating uncontrolled emissions. (9 VAC 5-80-1100(D))

When submitting an application for a state construction permit, fugitive emissions must be included. (9 VAC 5-80-1150(B.3.c))

State operating permits. When submitting an application for a state operating permit, fugitive emissions must be included. (9 VAC 5-80-840(B.3.c))

Prevention of Significant Deterioration (PSD) construction permits. Fugitive emissions are not included in calculations to determine if a source is a major source under PSD and, therefore, subject to PSD permitting requirements unless the source is one of the listed source categories under 9 VAC 5-80-1615:

1. Coal cleaning plants (with thermal dryers)
2. Kraft pulp mills
3. Portland cement plants
4. Primary zinc smelters
5. Iron and steel mills
6. Primary aluminum ore reduction plants
7. Primary copper smelters
8. Municipal incinerators capable of charging more than 250 tons of refuse per day
9. Hydrofluoric, sulfuric, or nitric acid plants
10. Petroleum refineries
11. Lime plants
12. Phosphate rock processing plants
13. Coke oven batteries
14. Sulfur recovery plants.
15. Carbon black plants (furnace process)
16. Primary lead smelters
17. Fuel conversion plants
18. Sintering plants
19. Secondary metal production plants
20. Chemical process plants
21. Fossil-fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input
22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels
23. Taconite ore processing plants
24. Glass fiber processing plants
25. Charcoal production plants
26. Fossil fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input
27. Any other stationary source category that, as of August 7, 1980, is being regulated under 40 CFR Parts 60 and 61

The provisions of PSD are not applicable to a source or modification that would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the source or modification and the source does not belong to any of the above listed source categories (9 VAC 5-80-1695(A.1))

When calculating "projected actual emissions" (before beginning actual construction) under 9 VAC 5-80-1615 fugitive emissions must be included.

If establishing a plantwide applicability limit (PAL) under a PSD permit, fugitive emissions must be included (9 VAC 5-80-1865(C.1.d))

Nonattainment New Source Review (NSR) construction permits. Fugitive emissions are not included in calculations to determine if a source is a major source under nonattainment NSR and, therefore, subject to nonattainment NSR permitting requirements unless the source is one of the listed source categories under 9 VAC 5-80-2010:

1. Coal cleaning plants (with thermal dryers)
2. Kraft pulp mills
3. Portland cement plants
4. Primary zinc smelters
5. Iron and steel mills
6. Primary aluminum ore reduction plants
7. Primary copper smelters
8. Municipal incinerators (or combinations of them) capable of charging more than 250 tons of refuse per day
9. Hydrofluoric acid plants
10. Sulfuric acid plants
11. Nitric acid plants
12. Petroleum refineries
13. Lime plants
14. Phosphate rock processing plants
15. Coke oven batteries
16. Sulfur recovery plants
17. Carbon black plants (furnace process)
18. Primary lead smelters
19. Fuel conversion plants
20. Sintering plants
21. Secondary metal production plants
22. Chemical process plants
23. Fossil-fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input
24. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels
25. Taconite ore processing plants
26. Glass fiber manufacturing plants
27. Charcoal production plants
28. Fossil fuel steam electric plants of more than 250 million British thermal units per hour heat input
29. Any other stationary source category which, as of August 7, 1980, is being regulated under 40 CFR Part 60, 61 or 63

The provisions of nonattainment NSR are not applicable to a source or modification that would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the source or modification and the source does not belong to any of the above listed source categories. (9 VAC 5-80-2140(A)).

When calculating "projected actual emissions" under 9 VAC 5-80-2010 fugitive emissions must be included.

Fugitive emissions must be included in the nonattainment NSR permit application (9 VAC 5-80-2040(B.3.c)).

If establishing a PAL under a nonattainment NSR permit, fugitive emissions must be included (9 VAC 5-80-2144(C.1.d)).

Construction permit for major sources of hazardous air pollutants (HAPs). Sources seeking a construction permit for a major source of HAPs must include fugitive emissions in the permit application (9 VAC 5-80-1440(B.3.c)).

Title V operating permits. Fugitive emissions are not included in calculations to determine if a source is a major source under Title V and, therefore, subject to Title V permitting requirements unless the source is one of the listed source categories under 9 VAC 5-80-60:

1. Coal cleaning plants (with thermal dryers)
2. Kraft pulp mills
3. Portland cement plants
4. Primary zinc smelters
5. Iron and steel mills
6. Primary aluminum ore reduction plants
7. Primary copper smelters
8. Municipal incinerators capable of charging more than 250 tons of refuse per day
9. Hydrofluoric, sulfuric, or nitric acid plants
10. Petroleum refineries
11. Lime plants
12. Phosphate rock processing plants
13. Coke oven batteries
14. Sulfur recovery plants
15. Carbon black plants (furnace process)
16. Primary lead smelters
17. Fuel conversion plant
18. Sintering plants
19. Secondary metal production plants
20. Chemical process plants
21. Fossil-fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input
22. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels
23. Taconite ore processing plants
24. Glass fiber processing plants
25. Charcoal production plants
26. Fossil-fuel-fired steam electric plants of more than 250 million British thermal units per hour heat input
27. Any other stationary source category regulated under §111 or §112 of the federal Clean Air Act for which the administrator has made an affirmative determination under §302(j) of the federal Clean Air Act.

Fugitive emissions must be included in the Title V permit application (9 VAC 5-80-90(D.1.c)).

Calculating potential to emit from new or existing sources of toxic air pollutants. When calculating the potential to emit toxic air pollutants from new and existing source, fugitive emissions must be included under 9 VAC 5-60-210 and 9 VAC 5-60-310.