# REGULATIONS

For information concerning the different types of regulations, see the Information Page.

Symbol Key Roman type indicates existing text of regulations. Underscored language indicates proposed new text. Language that has been stricken indicates proposed text for deletion. Brackets are used in final regulations to indicate cha nges from the proposed regulation.

Volume 31, Issue 11 Virginia Register of Regulations January 26, 2015

933 REGULATIONS 

### TITLE 9. ENVIRONMENT

ST ATE AIR POLLUTION CONTROL BOARD

Fast

- Track Regulation Title of Regulation: 9VAC5

- 10. General Definitions (Rev. H13) (amending 9VAC5

- 10

- 20). Statutory Authority: § 10.1

- 1308 of the Code of Virginia. Public Hearing Information: No publi c hearings are scheduled.
Public Comment Deadline: February 25, 2015.
Effective Date: March 12, 2015. Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4426, FAX (804) 698

- 4510, TTY (804) 698

- 4021, or email karen.sabasteanski@deq.virginia.gov.
Basis: Section 10.1

- 1308 of the Virginia Air Pollution Control Law (Chapter 13 (§ 10.1

- 1300 et seq.) of Title 10.1 of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollu tion in order to protect public health and welfare. Federal Requirements: Section 109(a) of the federal Clean Air Act requires the U.S. Environmental Protection Agency (EPA) to prescribe national ambient air quality standards (NAAQS) to protect public hea lth. Section 110 mandates that each state adopt and submit to EPA a state implementation plan (SIP) that provides for the implementation, maintenance, and enforcement of the NAAQS. Ozone, one of the pollutants for which there is a NAAQS, is in part created by emissions of volatile organic compounds (VOCs). Therefore, in order to control ozone, VOCs must be addressed in Virginia's SIP. 40 CFR Part 51 sets out requirements for the preparation, adoption, and submittal of SIPs. Subpart F of Part 51, Procedural Requirements, includes § 51.100, which consists of a list of definitions. 40 CFR 51.100 contains a definition of VOC. This definition is revised by EPA to add or remove VOCs as necessary. If, for example, it can be demonstrated that a particular VOC is "n egligibly reactive"

-- that is, if it can be shown that a VOC is not as reactive and therefore does not have a significant effect on ground

- level or upper atmospheric ozone

-- then EPA may remove that substance from the definition of VOC. EPA originally propos ed approval of a revision to the definition of VOC in 40 CFR 51.100 to exclude trans 1

- chloro

- 3,3,3

- trifluoroprop

- 1

- ene (also known as Solstice TM 1233zd(E)) on February 15, 2013 (78 FR 11101). On August 28, 2013 (78 FR 53029), EPA finalized this change to the VOC exemption list, which became effective on September 27, 2013. On October 22, 2013 (78 FR 62451), EPA further revised the definition of VOC to exclude 2,3,3,3

- tetrafluoropropene (also known as HFO

- 1234yf), which became effective on November 21, 2013

. State Requirements: These specific amendments are not required by state mandate. Rather, Virginia's Air Pollution Control Law gives the State Air Pollution Control Board the discretionary authority to promulgate regulations "abating, controlling and proh ibiting air pollution throughout or in any part of the Commonwealth" (§ 10.1

- 1308 A of the Code of Virginia). The law defines such air pollution as "the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious t o human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interfere with the enjoyment by the people or life or property" (§ 10.1

- 1300 of the Code of Virginia). Purpose: The purpose of the regulation (general definitions) is not to impose any regulatory requirements in and of itself, but to provide a basis for and support to other provisions of the board's regulations for the control and abatement of air pollution, which are in place in order to protect public health and welfare. The proposed amendments are being made to ensure that the definition of VOC, which is crucial to most of the regulations, is up to date and scientifically accurate, as well as consistent with the overall EPA requirements under which the regulations operate. Rationale for Using Fast

- Track Process: The definition of VOC is being revised to add two less

- reactive substances to the list of compounds not considered to be VOCs. As discussed elsewhere, the se amendments are not expected to affect a significant number of sources or have any significant impact, other than a positive one, on air quality overall. Additionally, removal of these substances at the federal level was accompanied by detailed scientifi c review and public comment. Therefore, no additional information on the reactivity of these substances or the appropriateness of their removal is anticipated.
Substance: The general definitions impose no regulatory requirements in and of themselves but pr ovide support to other provisions of the board's regulations for the control and abatement of air pollution. The list of substances not considered to be VOCs in Virginia has been revised to include trans 1

- chloro

- 3,3,3

- trifluoroprop

- 1

- ene (also known as So lstice TM 1233zd(E)) and 2,3,3,3

- tetrafluoropropene (also known as HFO

- 1234yf).

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Volume 31, Issue 11 Virginia Register of Regulations January 26, 2015

934 Issues: The general public health and welfare will benefit because the revisions may encourage the use of the delisted substances in place of products containing more reactive a nd thereby more polluting substances. These substances are considered to be negligibly reactive in the formation of ground level (tropospheric) ozone and will not deplete upper level (stratospheric) ozone. Therefore, these substances do not have a negative effect on human health or the environment. Excluding these substances as VOCs will make it easier and less expensive for industry to use them. Companies that use these substances in place of more reactive substances may also benefit by reducing their VOC emissions and concomitant reductions in permitting and other regulatory requirements. The amendments will allow the department to focus VOC reduction strategies on substances that have a negative impact on human health and the environment.
There are no kno wn disadvantages to the public, the department, or the Commonwealth. Department of Planning and Budget's Economic Impact Analysis: Summary of the Proposed Amendments to Regulation. The State Air Pollution Control Board (Board) proposes to revise the defin ition of volatile organic compound (VOC) to include trans 1

- chloro

- 3,3,3

- trifluoroprop

- 1

- ene and 2,3,3,3

- tetrafluoropropene on the list of compounds not considered to be VOC. Result of Analysis. The benefits likely exceed the costs for all proposed changes

. Estimated Economic Impact. The general definitions of 9VAC5

- 10 impose no regulatory requirements in and of themselves, but provide support to other Board regulations. The U.S. Environmental Protection Agency has revised the definition of VOC to add two c ompounds that have been demonstrated to be less reactive to the list of compounds that are not considered to be VOCs: trans 1

- chloro

- 3,3,3

- trifluoroprop

- 1

- ene (also known as Solstice TM 1233zd(E)) and 2,3,3,3

- tetrafluoropropene (also known as HFO

- 1234yf). C onsequently, the Board proposed to update the list of compounds not considered to be VOC.
Trans 1

- chloro

- 3,3,3

- trifluoroprop

- 1

- ene may be used in insulation foams as blowing agent in insulating foams for refrigerators/freezers/hot water heaters and 2,3,3,3

- tetrafluoropropene may be used as refrigerant in commercial chillers and waste heat recovery systems. The Department of Environmental Quality is not aware of any sources located in Virginia that currently use these substances. There are sources that may s omeday eventually wish to use them; however, DEQ has not identified any specific sources that plan to do

so. The general public health and welfare may benefit because the revision may encourage the use of these compounds in place of products containing mor e reactive, and thereby more polluting, substances. Due to their low photochemical reactivity, these compounds are considered to be negligibly reactive in the formation of tropospheric (ground level) ozone and are not expected to contribute to violations o f the federal national ambient air quality standards. These compounds are not hazardous air pollutants, and will not deplete stratospheric (upper atmosphere) ozone. Therefore, they do not have a negative effect on human health or the environment. Excluding these compounds as VOCs will make them easier and less expensive for industry to use. Companies that use these compounds in place of more reactive substances may also benefit by reducing their VOC emissions and concomitant reductions in permitting and oth er regulatory requirements. Thus, the proposal to add these compounds to the list of substances not considered to be VOC will create a net benefit. Businesses and Entities Affected. One of these compounds may be used in insulation foams as blowing agent in insulating foams for refrigerators/freezers/hot water heaters and the other may be used as refrigerant in commercial chillers and waste heat recovery systems. Consequently, the proposal to add them to the list of substances not considered to be VOC will p otentially affect firms which may start manufacturing products that contain these compounds. Localities Particularly Affected. The proposal to add two new compounds to the list of substances not considered to be VOC does not have a disproportionate effect on any particular localities. Projected Impact on Employment. The proposed amendment will not likely have a large impact on employment. Effects on the Use and Value of Private Property. The proposal to add two new compounds to the list of substances
not c onsidered to be VOC will have no immediate impact since currently there are no known firms located in Virginia that currently use these compounds. Adding these compounds to the list of substances not considered to be VOC will make them less costly to use, which may encourage firms to start using them in production. Thus, the proposed amendment may eventually affect some firms production methods, lower their costs, and consequently moderately increase firm value.
Small Businesses: Costs and Other Effects. T he proposal to add two new compounds to the list of substances not considered to be VOC will have no immediate impact since currently there are no known firms located in Virginia that currently use these compounds. Adding them to the list of substances not considered to be VOC will make them less costly to use. Thus, some small firms may eventually use these compounds to lower costs.
Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendment will not adversely affect small b usinesses.

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Volume 31, Issue 11 Virginia Register of Regulations January 26, 2015

935 Real Estate Development Costs. The proposed amendment will not likely have a large impact on real estate development
costs. Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation i n accordance with § 2.2

- 4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2

- 4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projecte d costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2

- 4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the re gulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts. Agency's Response to Economic Impact Analysis: The department has reviewed the economic impact ana lysis prepared by the Department of Planning and Budget and has
no comment. Summary: The amendment revises the definition of volatile organic compound (VOC) to add trans 1

- chloro

- 3,3,3

- trifluoroprop

- 1

- ene (also known as Solstice TM 1233zd(E)) and 2,3,3,3

- tetrafluoropropene (also known as HFO

1234yf) to the list of compounds excluded from the definition of VOC.
9VAC5

- 10

- 20. Terms defined.
"Actual emissions rate" means the actual rate of emissions of a pollutant from an emissions unit . In general actual emissions shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during the most
recent two

- year period or some other two

- year period which is representative of normal source operation. If the b oard determines that no two

- year period is representative of normal source operation, the board shall allow the use of an alternative period of time upon a determination by the board that it is more representative of normal source operation. Actual emissio ns shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.
"Administrator" means the administrator of the U.S. Environmental Protection Agency (E PA) or his authorized representative. "Affected facility" means, with reference to a stationary source, any part, equipment, facility, installation, apparatus, process or operation to which an emission standard is applicable or any other facility so design ated. The term "affected facility" includes any affected source as defined in 40 CFR 63.2. "Air pollution" means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety; t o animal or plant life; or to property; or which unreasonably interfere with the enjoyment by the people of life or property. "Air quality" means the specific measurement in the ambient air of a particular air pollutant at any given time. "Air quality cont rol region" means any area designated as such in 9VAC5

- 20

- 200. "Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of the bo ard, in specific cases, to produce results adequate for its determination of compliance. "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access. "Ambient air quality standard" means any primary or secondary standard designated as such in 9VAC5

- 30 (Ambient Air Quality Standards).
"Board" means the State Air Pollution Control Board or its designated representative. "Certified mail" means electronically certified or postal certified mail, except that t his definition shall only apply to the mailing of plan approvals, permits, or certificates issued under the provisions of these regulations and only where the recipient has notified the department of the recipient's consent to receive plan approvals, permi ts, or certificates by electronic mail. Any provision of these regulations requiring the use of certified mail to transmit special orders or administrative orders pursuant to enforcement proceedings shall mean postal certified mail.
"Class I area" means a ny prevention of significant deterioration area (i) in which virtually any deterioration of existing air quality is considered significant and (ii) designated as such in 9VAC5

- 20

- 205. "Class II area" means any prevention of significant deterioration area ( i) in which any deterioration of existing air quality beyond that normally accompanying well

- controlled growth is considered significant and (ii) designated as such in 9VAC5

- 20

- 205.

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Volume 31, Issue 11 Virginia Register of Regulations January 26, 2015

936 "Class III area" means any prevention of significant deterioration area (i ) in which deterioration of existing air quality to the levels of the ambient air quality standards is permitted and (ii) designated as such in 9VAC5

- 20

- 205. "Continuous monitoring system" means the total equipment used to sample and condition (if applicab le), to analyze, and to provide a permanent continuous record of emissions or process parameters. "Control program" means a plan formulated by the owner of a stationary source to establish pollution abatement goals, including a compliance schedule to achie ve such goals. The plan may be submitted voluntarily, or upon request or by order of the board, to ensure compliance by the owner with standards, policies and regulations adopted by the board. The plan shall include system and equipment information and
ope rating performance projections as required by the board for evaluating the probability of achievement. A control program shall contain the following increments of progress: 1. The date by which contracts for emission control system or process modifications are to be awarded, or the date by which orders are to be issued for the purchase of component parts to accomplish emission control or process modification. 2. The date by which the on

- site construction or installation of emission control equipment or proc ess change is to be initiated. 3. The date by which the on

- site construction or installation of emission control equipment or process modification is to be completed. 4. The date by which final compliance is to be achieved. "Criteria pollutant" means any p ollutant for which an ambient air quality standard is established under 9VAC5

- 30 (Ambient Air Quality Standards). "Day" means a 24

- hour period beginning at midnight. "Delayed compliance order" means any order of the board issued after an appropriate hearin g to an owner which postpones the date by which a stationary source is required to comply with any requirement contained in the applicable implementation plan. "Department" means any employee or other representative of the Virginia Department of Environmen tal Quality, as designated by the director.
"Director" or "executive director" means the director of the Virginia Department of Environmental Quality or a designated representative. "Dispersion technique" 1. Means any technique which attempts to affect the concentration of a pollutant in the ambient air by: a. Using that portion of a stack which exceeds good engineering practice stack height; b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust ga s streams so as to increase the exhaust gas plume rise. 2. The preceding sentence does not include: a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was origi nally discharged from the facility generating the gas stream; b. The merging of exhaust gas streams where: (1) The owner demonstrates that the facility was originally designed and constructed with such merged gas streams; (2) After July 8, 1985, such mergi ng is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" shall ap ply only to the emissions limitation for the pollutant affected by such change in operation; or (3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was

car ried out for sound economic or engineering reasons. Where there was an increase in the emissions limitation or, in the event that no emissions limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prio r to the merging, the board shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the owner that merging was not significantly motivated by such intent, the board shal l deny credit for the effects of such merging in calculating the allowable emissions for the
source; c. Smoke management in agricultural or silvicultural prescribed burning programs; d. Episodic restrictions on residential woodburning and open burning; or e. Techniques under subdivision 1 c of this definition which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. "Emergency" means a situation that immediately and unreasonably affects, or has the potential to immediately and unreasonably affect, public health, safety or welfare; the health of animal or plant life; or property, whether used for

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Volume 31, Issue 11 Virginia Register of Regulations January 26, 2015

937 recreational, commercial, industrial, agricultural or other reasonab le use. "Emissions limitation" means any requirement established by the board which limits the quantity, rate, or concentration of continuous emissions of air pollutants, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures to assure continuous emission reduction. "Emission standard" means any provision of 9VAC5

- 40 (Existing Stationary Sources), 9VAC5

- 50 (New and Modified Stationary Sources), or 9VAC5

- 60 ( Hazardous Air Pollutant Sources) that prescribes an emissions limitation, or other requirements that control air pollution emissions. "Emissions unit" means any part of a stationary source which emits or would have the potential to emit any air pollutant. "Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated to the satisfaction of the board to have a consistent and quantitative relationship to the reference method under specified conditions.
"EPA" means the U.S. Environmental Protection Agency or an authorized representative. "Excess emissions" means emissions of air pollutant in excess of an emission standard. "Excessive concentration" is defined for the purpose of determining good engineering pr actice (GEP) stack height under subdivision 3 of the GEP definition and means: 1. For sources seeking credit for stack height exceeding that established under subdivision 2 of the GEP definition, a maximum ground

- level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to the provisions of Article 8 (9VAC5

- 80

- 1605 et seq.) of Part II of 9VAC5

- 80 (Permits for S tationary Sources), an excessive concentration alternatively means a maximum ground

- level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which in dividually is at least 40% in excess of the maximum concentration experienced in the absence of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increme nt. The allowable emission rate to be used in making demonstrations under this provision shall be prescribed by the new source performance standard that is applicable to the source category unless the owner demonstrates that this emission rate is infeasibl e. Where such demonstrations are approved by the board, an alternative emission rate shall be established in consultation with the owner; 2. For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights estab lished under subdivision 2 of the GEP definition, either (i) a maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects as provided in subdivision 1 of this definition, except that the emission rate specified by any applic able implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, or (ii) the actual presence of a local nuisance caused by the existing stack, as determined by the board; and 3. For sources seeking credit after Januar y 12, 1979, for a stack height determined under subdivision 2 of the GEP definition where the board requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based on the ae rodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subdivision 2 of the GEP definition, a maximum groun d

- level concentration due in whole or part to downwash, wakes or eddy effects that is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects. "Existing source" means any stationary source ot her than a new source or modified source. "Facility" means something that is built, installed or established to serve a particular purpose; includes, but is not limited to, buildings, installations, public works, businesses, commercial and industrial plan ts, shops and stores, heating and power plants, apparatus, processes, operations, structures, and equipment of all types. "Federal Clean Air Act" means Chapter 85 (§ 7401 et seq.) of Title 42 of the United States Code. "Federally enforceable" means all limitations and conditions which are enforceable by the administrator and citizens under the federal Clean Air Act or that are enforceable under other statutes administered by the administrator. Federally enforceable limit ations and conditions include, but are not limited to, the following: 1. Emission standards, alternative emission standards, alternative emissions limitations, and equivalent emissions limitations established pursuant to § 112 of the federal Clean Air Act as amended in 1990. 2. New source performance standards established pursuant to § 111 of the federal Clean Air Act, and emission

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Volume 31, Issue 11 Virginia Register of Regulations January 26, 2015

938 standards established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.
3. All terms and condition s in a federal operating permit, including any provisions that limit a source's potential to emit, unless expressly designated as not federally enforceable. 4. Limitations and conditions that are part of an implementation plan.
5. Limitations and condition s that are part of a section 111(d) or section 111(d)/129 plan. 6. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51. 7. Limitations and conditions that are part of an operating permit issued pursuant to a program approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunit y for EPA and public comment prior to issuance of the final permit and practicable enforceability. 8. Limitations and conditions in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of impleme nting and enforcing § 112 of the federal Clean Air Act. 9. Individual consent agreements issued pursuant to the legal authority of EPA. "Good engineering practice" or "GEP," with reference to the height of the stack, means the greater of: 1. 65 meters, mea sured from the ground

- level elevation at the base of the stack; 2. a. For stacks in existence on January 12, 1979, and for which the owner had obtained all applicable permits or approvals required under 9VAC5

- 80 (Permits for Stationary Sources), Hg = 2.5H, provided the owner produces evidence that this equation was actually relied on in establishing an emissions limitation; b. For all other stacks, Hg = H + 1.5L,
where: Hg = good engineering practice stack height, measured from the ground

- level elevati on at the base of the stack, H = height of nearby structure(s) measured from the ground

- level elevation at the base of the stack, L = lesser dimension, height or projected width, of nearby structure(s) provided that the board may require the use of a fie ld study or fluid model to verify GEP stack height for the source; or 3. The height demonstrated by a fluid model or a field study approved by the board, which ensures that the emissions from a stack do not result in excessive concentrations of any air po llutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features. "Hazardous air pollutant" means an air pollutant to which no ambient air quality standard is applicable and whi ch in the judgment of the administrator causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. "Implementation plan" means the portion or portions of the state implementation plan, or the most recent revision thereof, which has been approved under § 110 of the federal Clean Air Act, or promulgated under § 110(c) of the federal Clean Air Act, or promulgated or approved p ursuant to regulations promulgated under § 301(d) of the federal Clean Air Act and which implements the relevant requirements of the federal Clean Air Act. "Initial emission test" means the test required by any regulation, permit issued pursuant to 9VAC5

- 80 (Permits for Stationary Sources), control program, compliance schedule or other enforceable mechanism for determining compliance with new or more stringent emission standards or permit limitations or other emissions limitations requiring the installatio n or modification of air pollution control equipment or implementation of a control method. Initial emission tests shall be conducted in accordance with 9VAC5

- 40

- 30. "Initial performance test" means the test required by (i) 40 CFR Part 60 for determining c ompliance with standards of performance, or (ii) a permit issued pursuant to 9VAC5

- 80 (Permits for Stationary Sources) for determining initial compliance with permit limitations. Initial performance tests shall be conducted in accordance with 9VAC5

- 50

- 30 a nd 9VAC5

- 60

- 30. "Isokinetic sampling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point. "Locality" means a city, town, county or other public body created by or pursuant to state law. "Mail" means electronic or postal delivery. "Maintenance area" means any geographic region of the United States previously designated as a nonattainment area

a nd subsequently redesignated to attainment subject to the requirement to develop a maintenance plan and designated as such in 9VAC5

- 20

- 203. "Malfunction" means any sudden failure of air pollution control equipment, of process equipment, or of a process to operate in a normal or usual manner, which failure is not due to intentional misconduct or negligent conduct on the part of

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Volume 31, Issue 11 Virginia Register of Regulations January 26, 2015

939 the owner or other person. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
"Monit oring device" means the total equipment used to measure and record (if applicable) process parameters. "Nearby" as used in the definition of good engineering practice (GEP) is defined for a specific structure or terrain feature and: 1. For purposes of ap plying the formulae provided in subdivision 2 of the GEP definition means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 km (1/2 mile); and 2. For conducting demonstrations under sub division 3 of the GEP definition means not greater than 0.8 km (1/2 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (Ht) of the feature, not to exceed two miles if such feature achieves a height (Ht) 0.8 km from the stack that is at least 40% of the GEP stack height determined by the formulae provided in subdivision 2 b of the GEP definition or 26 meters, whichever is greater, as measured from the ground

- le vel elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground

- level elevation at the base of the stack. "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods s et forth in 40 CFR Part 60. "Nonattainment area" means any area which is shown by air quality monitoring data or, where such data are not available, which is calculated by air quality modeling (or other methods determined by the board to be reliable) to e xceed the levels allowed by the ambient air quality standard for a given pollutant including, but not limited to, areas designated as such in 9VAC5

- 20

- 204. "One hour" means any period of 60 consecutive minutes.
"One

- hour period" means any period of 60 co nsecutive minutes commencing on the hour. "Organic compound" means any chemical compound of carbon excluding carbon monoxide, carbon dioxide, carbonic disulfide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate.
"Owner" means any person, including bodies politic and corporate, associations, partnerships, personal representatives, trustees and committees, as well as individuals, who owns, leases, operates, controls or supervises a source. "Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers. "Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by th e applicable reference method, or an equivalent or alternative method. "PM 10 " means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by the applicable reference method or an equivalent method.
"PM 10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by the applicable reference method, or an equivalent or alternative method.
"Perfo rmance test" means a test for determining emissions from new or modified sources. "Person" means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity. "Pollutant" means any substance the presence of which in the outdoor atmosphere is or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interferes with the enjoyment by the people of life or property.
"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or its effect on emissions is state and federally enforceable. "Prevention of signifi cant deterioration area" means any area not designated as a nonattainment area in 9VAC5

- 20

- 204 for a particular pollutant and designated as such in 9VAC5

- 20

- 205. "Proportional sampling" means sampling at a rate that produces a constant ratio of sampling ra te to stack gas flow
rate. "Public hearing" means, unless indicated otherwise, an informal proceeding, similar to that provided for in § 2.2

- 4007.02 of the Administrative Process Act, held to afford persons an opportunity to submit views and data relative to a matter on which a decision of the board is pending. "Reference method" means any method of sampling and analyzing for an air pollutant as described in the following EPA regulations: 1. For ambient air quality standards in 9VAC5

- 30 (Ambient Air Qualit y Standards): The applicable appendix of 40 CFR Part 50 or any method that has been designated as a reference method in accordance with 40 CFR Part 53, except that it does not include a method for which a reference designation has been canceled in accordan ce with 40 CFR 53.11 or 40 CFR 53.16.
2. For emission standards in 9VAC5

- 40 (Existing Stationary Sources) and 9VAC5

- 50 (New and Modified

# Regulations

Volume 31, Issue 11 Virginia Register of Regulations January 26, 2015

940 Stationary Sources): Appendix M of 40 CFR Part 51 or Appendix A of 40 CFR Part 60.
3. For emission standards in 9VAC5

- 60 (Hazardous Air Pollutant Sources): Appendix B of 40 CFR Part 61 or Appendix A of 40 CFR Part 63. "Regional director" means the regional director of an administrative region of the Department of Environmental Quality or a designated representative. "Regulation of the board" means any regulation adopted by the State Air Pollution Control Board under any provision of the Code of Virginia. "Regulations for the Control and Abatement of Air Pollution" means 9VAC5

- 10 (General Definitions) through 9VAC5

- 80 (Permits for Stationary Sources). "Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids except liquefied petroleum gases as determined by American Society for Testing and Materials publicat ion, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)" (see 9VAC5

- 20

- 21). "Run" means the net period of time during which an emission sample is collected. Unless otherwise specified, a run may be either intermittent or continuou s within the limits of good engineering practice. "Section 111(d) plan" means the portion or portions of the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with § 111(d)(1) of the federal Clean Air Ac t, or promulgated under 40 CFR 60.27(d) in accordance with § 111(d)(2) of the federal Clean Air Act, and which implements the relevant requirements of the federal Clean Air Act. "Section 111(d)/129 plan" means the portion or portions of the plan, or the m ost recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with §§ 111(d)(1) and 129(b)(2) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with §§ 111(d)(2) and 129(b)(3) of the federal Clean A ir Act, and which implements the relevant requirements of the federal Clean Air Act. "Shutdown" means the cessation of operation of an affected facility for any purpose. "Source" means any one or combination of the following: buildings, structures, facil ities, installations, articles, machines, equipment, landcraft, watercraft, aircraft or other contrivances which contribute, or may contribute, either directly or indirectly to air pollution. Any activity by any person that contributes, or may contribute, either directly or indirectly to air pollution, including, but not limited to, open burning, generation of fugitive dust or emissions, and cleaning with abrasives or chemicals. "Stack" means any point in a source designed to emit solids, liquids or gases into the air, including a pipe or duct, but not including flares. "Stack in existence" means that the owner had: 1. Begun, or caused to begin, a continuous program of physical on site construction of the stack; or 2. Entered into binding agreements or c ontractual obligations, which could not be canceled or modified without substantial loss to the owner, to undertake a program of construction of the stack to be completed in a reasonable time. "Standard conditions" means a temperature of 20°C (68°F) and a pressure of 760 mm of Hg (29.92 inches of Hg). "Standard of performance" means any provision of 9VAC5

- 50 (New and Modified Stationary Sources) which prescribes an emissions limitation or other requirements that control air pollution emissions. "Startup" means the setting in operation of an affected facility for any purpose.
"State enforceable" means all limitations and conditions which are enforceable by the board or department, including, but not limited to, those requirements developed pursuant to 9VA C5

- 170

- 160; requirements within any applicable regulation, order, consent agreement or variance; and any permit requirements established pursuant to 9VAC5

- 80 (Permits for Stationary Sources). "State Implementation Plan" means the plan, including the
most recent revision thereof, which has been approved or promulgated by the administrator, U.S. Environmental Protection Agency, under § 110 of the federal Clean Air Act, and which implements the requirements of § 110. "Stationary source" means any building, st ructure, facility or installation which emits or may emit any air pollutant. A stationary source shall include all of the pollutant

- emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properti es, and are under the control of the same person (or persons under common control) except the activities of any vessel. Pollutant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e. , which have the same two

- digit code) as described in the Standard Industrial Classification Manual (see 9VAC5

- 20

- 21). "These regulations" means 9VAC5

- 10 (General Definitions) through 9VAC5

- 80 (Permits for Stationary Sources). "Total suspended particulate" or "TSP" means particulate matter as measured by the reference method described in Appendix B of 40 CFR Part 50. "True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute (API) publication, "Evaporative Loss from External Floating

Roof Tanks" (see 9VAC5

- 20

- 21). The API procedure may not be applicable to some high viscosity or high pour crudes. Available estimates of true vapor pressure may b e used in special cases such as these.

# Regulations

Volume 31, Issue 11 Virginia Register of Regulations January 26, 2015

941 "Urban area" means any area consisting of a core city with a population of 50,000 or more plus any surrounding localities with a population density of 80 persons per square mile and designated as such in 9VAC5

- 20

- 201

. "Vapor pressure," except where specific test methods are specified, means true vapor pressure, whether measured directly, or determined from Reid vapor pressure by use of the applicable nomograph in American Petroleum Institute publication, "Evaporative Loss from Floating

- Roof Tanks" (see 9VAC5

- 20

- 21). "Virginia Air Pollution Control Law" means Chapter 13 (§ 10.1

- 1300 et seq.) of Title 10.1 of the Code of Virginia. "Volatile organic compound" means any compound of carbon, excluding carbon monoxide, car bon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions. 1. This includes any such organic compounds which have been determined to have negligible photochemical reactiv ity other than the following: a. Methane; b. Ethane; c. Methylene chloride (dichloromethane); d. 1,1,1

- trichloroethane (methyl chloroform); e. 1,1,2

- trichloro

- 1,2,2

- trifluoroethane (CFC

- 113); f. Trichlorofluoromethane (CFC

- 11); g. Dichlorodifluoromethane (CFC

- 12); h. Chlorodifluoromethane (H CFC

- 22); i. Trifluoromethane (H FC

- 23); j. 1,2

- dichloro 1,1,2,2,

- tetrafluoroethane (CFC

- 114); k. Chloropentafluoroethane (CFC

- 115); l. 1,1,1

- trifluoro 2,2

- dichloroethane (HCFC

- 123);

m. 1,1,1,2

- tetrafluoroethane (HFC

- 134a); n. 1,1

- dichloro 1

- fluoroethane (HCFC

- 141b);
o. 1

- chloro 1,1

- difluoroethane (HCFC

- 142b); p. 2

- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

- 124); q. Pentafluoroethane (HFC

- 125); r. 1,1,2,2

- tetrafluoroethane (HFC

- 134);

s. 1,1,1

- trifluoroethane (HFC

- 143a); t. 1,1

- difluoroethane (HFC

- 152a); u. Parachlorobenzotrifluoride (PCBTF); v. Cyclic, branched, or linear completely methylated siloxanes; w. Acetone; x. Perchloroethylene (tetrachloroethylene); y. 3,3

- dichloro

- 1,1,1, 2,2

- pentafluoropropane (HCFC

225ca); z. 1,3

- dichloro

- 1,1,2,2,3

- pentafluoropropane (HCFC

225cb); aa. 1,1,1,2,3,4,4,5,5,5

- decafluoropentane (HFC 43

- 10mee); bb. Difluoromethane (HFC

- 32); cc. Ethylfluoride (HFC

- 161); dd. 1,1,1,3,3,3

- hexafluoropropane (HFC

- 236fa); ee. 1,1,2,2,3

- pentafluoropropane (HFC

- 245ca); ff. 1,1,2,3,3

- pentafluoropropane (HFC

- 245ea); gg. 1,1,1,2,3

- pentafluoropropane (HFC

- 245eb); hh. 1,1,1,3,3

- pentafluoropropane (HFC

- 245fa); ii. 1,1,1,2,3,3

- hexa fluoropropane (HFC

- 236ea); jj. 1,1,1,3,3

- pentafluorobutane (HFC

- 365mfc); kk. Chlorofluoromethane (HCFC

- 31);
ll. 1 chloro

- 1

- fluoroethane (HCFC

- 151a); mm. 1,2

- dichloro

- 1,1,2

- trifluoroethane (HCFC

- 123a); nn. 1,1,1,2,2,3,3,4,4

- nonafluoro

- 4

- methoxy

- butane (C 4 F 9 OCH 3 or HFE

- 7100);
oo. 2

- (difluoromethoxymethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 ); pp. 1

- ethoxy

- 1,1,2,2,3,3,4,4,4

- nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE

- 7200); qq. 2

- (ethoxydifluoromethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3 ) 2 C FCF 2 OC 2 H 5 ); rr. Methyl acetate; ss. 1,1,1,2,2,3,3

- heptafluoro

- 3

- methoxy

- propane (n

- C 3 F 7 OCH 3 ) (HFE

- 7000);
tt. 3

- ethoxy

- 1,1,1,2,3,4,4,5,5,6,6,6

- dodecafluoro

- 2

- (trifluoromethyl) hexane (HFE

- 7500); uu. 1,1,1,2,3,3,3

- heptafluoropropane (HFC 227ea);
vv. meth yl formate (HCOOCH 3 ); ww. 1,1,1,2,2,3,4,5,5,5

- decafluoro

- 3

- methoxy

- 4

- trifluoromethyl

- pentane (HFE

- 7300); xx. propylene carbonate; yy. dimethyl carbonate;

zz. trans

- 1,3,3,3

- tetrafluoropropene; and
aaa. HCF 2 OCF 2 H (HFE

- 134);
bbb. HCF 2 OCF 2 OCF 2 H (HFE

- 236cal2);
ccc. HCF 2 OCF 2 CF 2 OCF 2 H (HFE

- 338pcc13);
ddd. HCF 2 OCF 2 OCF 2 CF 2 OCF 2 H (H

- Galden 1040x or H

Galden ZT 130 (or 150 or 180)); and

eee. trans 1

- chloro

- 3,3,3

- trifluoroprop

- 1

- ene; fff. 2,3,3,3

- tetrafluoropropene; and

ggg. Perfluorocarbon compounds w hich fall into these classes: (1) Cyclic, branched, or linear, completely fluorinated alkanes;

# Regulations

Volume 31, Issue 11 Virginia Register of Regulations January 26, 2015

942 (2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. 2. For purposes of determining compliance w ith emissions standards, volatile organic compounds shall be measured by the appropriate reference method in accordance with the provisions of 9VAC5

- 40

- 30 or 9VAC5

- 50

- 30, as applicable. Where such a method also measures compounds with negligible photochemi cal reactivity, these negligibly reactive compounds may be excluded as a volatile organic compound if the amount of such compounds is accurately quantified, and such exclusion is approved by the board. 3. As a precondition to excluding these compounds as volatile organic compounds or at any time thereafter, the board may require an owner to provide monitoring or testing methods and results demonstrating, to the satisfaction of the board, the amount of negligibly reactive compounds in the emissions of the s ource. 4. Exclusion of the above compounds in this definition in effect exempts such compounds from the provisions of emission standards for volatile organic compounds. The compounds are exempted on the basis of being so inactive that they will not contri bute significantly to the formation of ozone in the troposphere. However, this exemption does not extend to other properties of the exempted compounds which, at some future date, may require regulation and limitation of their use in accordance with require ments of the federal Clean Air Act. 5. The following compound is a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements that apply to VOCs and shall be uniquely identified in emission
rep orts, but is not a VOC for purposes of VOC emission standards, VOC emissions limitations, or VOC content requirements: t

- butyl acetate. "Welfare" means that language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation, man

- made materials, animals, wildlife, weather, visibility and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well

- being.

VA.R. Doc. No . R15

- 3855; Filed December 24, 2014, 9:32 a.m.



#  

# ––––––––––––––––––  TITLE 12. HEALTH

STATE BOARD OF HEALTH Emergency Regulation
Title s of Regulation s : 12VAC5

- 71. Regulations Governing Virginia Newborn Screening Services (amending 12VAC5

- 71

- 30, 12VAC5

- 71

- 150; adding 12VAC5

- 71

- 200 through 12VAC5

- 71

- 260).
12VAC5

- 191. State Plan for the Children with Special Health Care Needs Program (amending 12VAC5

- 191

- 260). Statutory Authority: §§ 32.1

- 12, 32.1

- 65.1, and 32.1

- 67 of the Code of Virginia.
Effective Dates: December 24, 2014, through June 23, 2016. Agency Contact: Dev Nair, Director, Division of Policy and Evaluation, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864

- 7662, FAX (804) 864

- 7647, or email dev.nair@vdh.virginia.gov.
Preamble: Congenital heart defects are t he most common birth defects in the United States, affecting about one in every 110 babies. A few babies born with congenital heart defects have more serious forms of heart disease, critical congenital heart disease (CCHD). CCHDs are heart defects that res ult in abnormal blood flow and oxygen deprivation. These defects require intervention within the first year of life, and delayed diagnosis can result in death. Screening newborns for CCHD using pulse oximetry has been recommended through the U.S. Departmen t of Health and Human Services Secretary's Recommended Uniform Screening Panel. The screening is simple, quick, and painless. A sensor wrapped around the baby's right hand or either foot measures the amount of oxygen in the baby's blood. Most Virginia hosp itals already provide CCHD screening voluntarily. These regulations require a small number of additional hospitals to implement the screening. The regulations also permit the Virginia Department of Health (VDH) to collect information via the Virginia Conge nital Anomalies Reporting and Education System (VaCARES) reporting system so that infants identified with a critical congenital heart disease can be referred to the Care Connection for Children network to obtain care coordination services. Chapters 4 and 175 of the 2014 Acts of Assembly require VDH to implement regulations relating to screening for CCHD. The legislation requires VDH to promulgate regulations within 280 days of enactment. Pursuant to the legislation, the regulations include provisions to im plement CCHD screening for all babies born in hospitals with newborn nurseries. The legislation also requires VDH to