### ENCLOSURE 1

COMMONWEALTH OF VIRGINIA STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED REVISION D09 CONCERNING

VOC EMISSION STANDARDS, MISCELLANEOUS (9VAC5 CHAPTER 40)

Adoption Date: June 19, 2015 Effective Date: February 1, 2016

The following table lists the specific provisions of the attached regulations that will be used to implement the State Implementation Plan (SIP). Highlighted provisions are included for information purpose s only and are not to be construed as part of the Commonwealth's SIP, nor are any provisions directly related to the highlighted provisions to be considered as part of the SIP. A copy of the actual regulation submitted for approval and incorporation by re ference into the Virginia SIP is included in Enclosure 2; details concerning the specific provisions that are not to be included in the Virginia SIP are noted in this copy.

CHAPTER 40 EXISTING STATIONARY SOURCES

PART II Emission Standa rds

ARTICLE 57 EMISSION STANDARDS FOR INDUSTRIAL SOLVENT CLEANING OPERATIONS IN THE NORTHERN VIRGINIA VOLATILE ORGANIC COMPOUND EMISSIONS CONTROL AREA, 8

- HOUR OZONE STANDARD (RULE 4

- 57)

9VAC5

- 40

- 8510 Applicability and designation of affected facility (added)
9 VAC5

- 40

- 8520 Definitions (added) 9VAC5

- 40

- 8530 Standard for volatile organic compounds (added) 9VAC5

- 40

- 8540 Standard for visible emissions (added) 9VAC5

- 40

- 8550 Standard for fugitive dust/emissions (added) 9VAC5

- 40

- 8560 Standard for odor (added) 9VAC5

- 40

- 8570 Standard for toxic pollutants (added) 9VAC5

- 40

- 8580 Compliance (added) 9VAC5

- 40

- 8590 Compliance schedule (added) 9VAC5

- 40

- 8600 Test methods and procedures (added) 9VAC5

- 40

- 8610 Monitoring (added) 9VAC5

- 40

- 8620 Notification, reco rds and repor ting (added) 9VAC5

- 40

- 8630 Registration (added)

### 9VAC5

- 40

- 8640 Facility and control equipment maintenance or malfunction (added) 9VAC5

- 40

- 8650 Permits (added)

ARTICLE 58 EMISSION STANDARDS FOR MISCELLANEOUS INDUSTRIAL ADHESIVE APPLICATION PROCESSES I N THE NORTHERN VIRGINIA VOLATILE ORGANIC COMPOUND EMISSIONS CONTROL AREA , 8

- HOUR OZONE STANDARD (RULE 4

- 58)

9VAC5

- 40

- 8660 Applicability and d esignation of affected facility (added) 9VAC5

- 40

- 8670 Definitions (added) 9VAC5

- 40

- 8680 Standard for volatile organic c ompounds (added) 9VAC5

- 40

- 8690 Standard for visible emissions (added) 9VAC5

- 40

- 8700 Stand ard for fugitive dust/emissions (added) 9VAC5

- 40

- 8710 Standard for odor (added) 9VAC5

- 40

- 8720 Standard for toxic pollutants (added) 9VAC5

- 40

- 8730 Compliance (added) 9VAC5

- 40

- 8740 Compliance schedule (added) 9VAC5

- 40

- 8750 Test methods and procedures (added) 9VAC5

- 40

- 8760 Monitoring (added) 9VAC5

- 40

- 8770 Noti fication, records and reporting (added) 9VAC5

- 40

- 8780 Registration (added) 9VAC5

- 40

- 8790 Facility and control equipment maintenance or malfunction (added) 9VAC5

- 40

- 8800 Permits (added)

TEMPLATES \ SIP

- REG \ REG01
SIP \ NONATTN PLANS \ 201 6 \ D09

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 10 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 9VAC5 CHAPTER 40. EXISTING STATIONARY SOURCES.

PART II. Emission Standards.

ARTICLE 5 7

. Emission Standards for Industrial Solvent Cleaning Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area , 8

- hour Ozone Standard (Rule 4

- 5 7).

9VAC5

- 40

- 8510. Applicability and designation of affected facility.

A. Except as provided in subsections C and D of this section, the affected facility to which the provisions of this article apply is each facility that uses organic solvent for cleaning unit operations such as mixing vessels (tanks), spray booths, and parts cleaners, that emits, before consideration of controls, at least 6.8 kilo grams per day (15 pounds per day) of volatile organic compounds (VOCs). Such operations include, but are not limited to, spray gun cleaning, spray booth cleaning, large manufactured components cleaning, parts cleaning, equipment cleaning, line cleaning, fl oor cleaning, tank cleaning, and small manufactured components cleaning.

B. The provisions of this article apply only to affected facilities located in the Northern Virginia VOC Emissions Control Area designated in subdivision 1 a of 9VAC5

- 20

- 206

.

C. Exempted from the provisions of this article are solvent cleaning operations (i) for cleaning of electrical and electronic components; (ii) for cleaning of high precision optics and cleaning of cotton swabs to remove cottonseed oil before cleaning of high precision optics; (iii) for cleaning of numismatic dies; (iv) for cleaning of resin, coating, ink, and adhesive mixing, molding, and application equipment; (v) in research and development laboratories; (vi) in manufacturing medical devices or pharmaceutica l products; and (vii) related to performance or quality assurance testing of coatings, inks,
or adhesives.

D. The provisions of this article do not apply to the following :

1. Surface preparation and solvent cleaning operations associated with the
surf ace coating, application of adhesive, sealants and their primers or printing operations subject to Article 26 (Large Appliance Coatings, 9VAC5

- 40

- 3560 et seq.), Article 28 ( Automobile and Light Duty Truck Coating Applications, 9VAC5

- 40

- 3860 et seq.) , Artic le 33 ( Metal Furniture Coating Application Systems , 9VAC5

- 40

- 4610 et seq.), Article 34 ( Miscellaneous Metal Parts/Products Coating Application, 9VAC5

- 40

- 4760 ), Article 35COMMONWEALTH OF VIRGINIA PAGE 2 of 10 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### ( Flatwood Paneling Coating Application Systems, 9VAC5

- 40

- 4910 et seq.), Article 53 ( L ithographic Printing Processes, 9VAC5

- 40

- 7800 et seq.), Article 56 (Letterpress Printing Operations, 9VAC5

- 40

- 8380 et seq.), Article 5 6.1 (Lithographic Printing Operations, 9VAC5

- 40

- 8420 et seq.), Article 58 ( Miscellaneous Industrial Adhesive Application P rocesses , 9VAC5

- 40

- 8660 et seq. ), and Article 59 ( Miscellaneous Metal Parts and Products Coating Application Systems, 9VAC5

- 40

- 8810 et seq.) of 9VAC5

- 40 (Existing Stationary Sources)

.

2. The use of janitorial supplies used for cleaning offices, bathrooms, or
other similar areas.

3 . Stripping of cured inks, coatings, and adhesives.

4. Surface preparation and solvent cleaning operations associated with the surface coating, application of adhesive, sealants and their primers, or printing operations of the following product categories or processes: aerospace coatings, wood furniture coatings, shipbuilding and repair coatings, flexible packaging printing materials, paper film and foil coating, plastic parts coating, and fiberglass boat
manuf acturing materials.

5. Solvent metal cleaning operations subject to Article 47 (Emission Standards for Solvent Metal Cleaning Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 9VAC5

- 40

- 6820 et seq.) of 9VAC5

- 40 (Exist ing Stationary Sources)

.

[ 6. T he use of cleaning solvent in a digital printing operation in which an electronic output device transfers variable data, in the form of an image, from a computer to a substrate. ]

9 VAC5

- 40

- 8520

. Definitions.

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meaning s given them in subsection C of this section.

B. Unless otherwise required by con text, all terms not defined in this section shall have the meaning s given them in 9VAC5

- 170 (Regulation for General Administration), 9VAC5

- 10 (General Definitions), or commonly ascribed to them by recognized authorities, in that order of priority.

C. Ter ms defined.COMMONWEALTH OF VIRGINIA PAGE 3 of 10 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### "A erospace coatings" means materials that are applied to the surface of an aerospace vehicle or component to form a decorative, protective, or functional solid film, or the solid film itself at a facility that produces, reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component.

"Electrical and electronic components” means components and assemblies of components that generate, convert, transmit, or modif y electrical energy. Electrical and electronic components include, but are not limited to, wires, windings, stators, rotors, magnets, contacts, relays, printed circuit boards, printed wire assemblies, wiring boards, integrated circuits, resistors, capacito rs and transistors but does not include the cabinets in which electrical and electronic components are housed.

"Fiberglass boat manufacturing materials" means materials utilized at facilities that manufacture hulls or decks of boats from fiberglass, or build molds to make fiberglass boat hulls or decks. Fiberglass boat manufacturing materials are not materials used at facilities that manufacture solely parts of boats (such as hatches, seats, or lockers) or boat trailers, but do not (i) manufacture hulls or decks of boats from fiberglass or (ii) build molds to make fiberglass boat hulls or decks.

"Flexible packaging printing materials" means materials used in the
manufacture of any package or part of a package the shape of which can be readily changed. Flexible packaging includes, but is not limited to, bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any combination of these materials.

" High precision optic s " means an optical elemen t used in an electro

- optical device and is designed to sense, detect, or transmit light energy, including specific wavelengths of light energy and changes in light energy levels.

"Industrial cleaning solvents " means products used to remove
contaminants such as adhesives, inks, paint, dirt, soil, oil, and grease from parts, products, tools, machinery, equipment, vessels, floors, walls, and other work production
related work areas for reasons such as safety, operability, and to avoid product
contamination. The cleaning solvents used in these operations may be generally available bulk solvents that are used for a multitude of applications in addition to cleaning , such as for paint thinner, or as an ingredient used in the manufacture of a coating, such as pai nt.

"Medical device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar article, including any component or accessory that is (i) intended for use in the diagnosis of disease or other conditions, or inCOMMONWEALTH OF VIRGINIA PAGE 4 of 10 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### the cure, mitigation, treatment, or prevention of diseases; or (ii) intended to affect the structure or any function of the body.

"P aper
, film and foil coating " means coating that is applied to paper, film, or foil surfaces in the manufacturing of several major product types for the following industry sectors: pressure sensitive tape and labels (including fabric coated for use in pressure sensitive tapes and labels); photographic film; industrial and decorative laminates; abrasive products (includi ng fabric coated for use in abrasive products) and flexible packaging (including coating of non

- woven polymer substrates for use in flexible packaging). Paper and film coating also includes coatings applied during miscellaneous coating operations for sever al products including: corrugated and solid fiber boxes; die

cut paper paperboard, and cardboard; converted paper and paperboard not elsewhere classified; folding paperboard boxes, including sanitary boxes; manifold business forms and related products; pla stic aseptic packaging; and carbon paper and inked ribbons.

"Pharmaceutical product" means a preparation or compound, which includes any drug, analgesic, decongestant, antihistamine, cough suppressant, vitamin, mineral or herb supplement intended for hu man or animal consumption and used to cure, mitigate or treat disease or improve or enhance health.

"P lastic parts coating " means a coating that is applied to the surfaces of a varied range plastic parts and products. Such parts or products are construc ted either entirely or partially from metal or plastic. These parts include, but are not limited to, metal and plastic components of the following types of products as well as the products themselves: fabricated metal products, molded plastic parts, small and large farm machinery, commercial and industrial machinery and equipment, automotive or transportation equipment, interior or exterior automotive parts, construction equipment, motor vehicle accessories, bicycles and sporting goods, toys, recreational v ehicles, pleasure craft (recreational boats), extruded aluminum structural components, railroad cars, heavier vehicles, lawn and garden equipment, business machines, laboratory and medical equipment, electronic equipment, steel drums, metal pipes, and nume rous other industrial and household products

.

"S hipbuilding and repair coating " means material that can be applied as a thin layer to a substrate and which cures to form a continuous solid film , and is used in
the building, repair, repainting, converting, or alteration of ships.

" Solvent cleaning operation " means the employment of industrial cleaning solvents to remove of loosely held uncured adhesives, uncured inks, uncured coatings, and contaminants which include, but are not limited to, di rt, soil, and grease from parts, products, tools, machinery, equipment, and general work areas and includes but is not limited to activities such as wipe cleaning, solvent flushing, or spraying and each distinctCOMMONWEALTH OF VIRGINIA PAGE 5 of 10 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### method of cleaning in a cleaning process, wh ich consists of a series of cleaning methods, constitute a separate solvent cleaning operation

.

" Solvent flushing " means the use of a solvent to remove uncured adhesives, uncured inks, uncured coatings, or contaminants from the internal surfaces and passages of the equipment by flushing solvent through the equipment.

" Surface p reparation " means the cleaning of surfaces prior to coating, further treatment, sale, or intended use.

"VOC" means volatile organic compound.

" Wipe cleaning " means the method of cleaning a surface by physically rubbing it with a material such as a rag, paper, s ponge or a cotton swab moistened with a
solvent.

"Wood furniture coatings" means protective, decorative, or functional films applied in thin layers to a surface used in the manufacture of wood furniture or wood furniture components. Such coatings includ e, but are not limited to, paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, enamels, inks, and temporary protective coatings.

9VAC5

- 40

- 8530

. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit t o be discharged into the atmosphere any VOC emissions from any solvent cleaning operation employing industrial cleaning solvents in excess of both of the following limits:

1. A VOC content limit of 50 grams per liter (0.42 pounds per gallon) of
industrial cleaning solvent shall apply unless emissions are controlled by an emission control system with an overall control eff iciency of at least 85% ; and

2. A composite vapor pressure limit of 8 millimeters of mercury at 20°C

.

B. V OC emissions fr om the use, handling, storage, and disposal of industrial cleaning solvents and shop towels shall be controlled by the following work practices :

1

. Op en containers and used applicators shall be covered

.

2

. Air circulation around cleaning operations shall be minimized

.

3

. U sed solvent and shop towels shall be disposed of properly

.COMMONWEALTH OF VIRGINIA PAGE 6 of 10 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 4

. E quipment practices that minimize emissions ( including but not limited

to keeping arts cleaners covered, and maintaining cleaning equipment to repair solvent
leaks ) shall be implemented.

[ C. In lieu of complying with the requirements in subsections A and B of this
section , a manufacturer of coatings, inks, resin, or adhesives may comply with the following requirements:

1. Clean portable or stationary mixing vats, high dispersion mills, grinding mills, tote tanks and roller mills by one or more of the following methods:

a. Use a cleaning solvent that either contains less than 1.67 pounds per gallon of VOC or has a composite vapor pressure no more than eigh t mmHg at 20 °C ;

b. Comply with the following work practices:

(1) Equipment being cleaned shall be maintained leak free;

( 2 ) VOC

- containing cleaning materials shall be drained from the cleaned equipment upon completion of cleaning;

( 3 ) VO C

- containing cleaning materials, including waste solvent, shall not be stored or disposed of in such a manner that will cause or allow evaporation into the atmosphere; and

( 4 ) A ll VOC

- containing cleaning materials shall be stored in
closed containers.

c. Collect and vent the emissions from equipment cleaning to a VOC emission control system that has an overall capture and control efficiency of at
least 80% , by weight, for the VOC emissions. Where such reduction is achieved by incineration, at least 90% of the organic carbon shall be oxidized to carbon dioxide.

d

. Use organic solvents other than those allowed in subdivision C 1

a of this section provided no more than 60 gallons of fresh solvent shall be used per month. Organic solvent that is reused or recycled (either on

- site or off

- site), for further use in equipment cleaning or the manufacture of coating, ink, or adhesive shall not be
included in this limit. A ll VOC

- c ontaining cleaning materials shall be stored in closed
containers.COMMONWEALTH OF VIRGINIA PAGE 7 of 10 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 2. When using solvent for wipe cleaning, the owner (i) shall not use open containers for the storage or disposal of cloth or paper impregnated with organic compounds that is used for cle anup, or coating, ink, or adhesive removal; and (ii) shall

not store spent or fresh organic compounds to be used for cleanup or coating, ink, resin, or adhesive removal in open containers.

3. Any manufacturer of coatings, inks, resin, or adhesives that complies
with subdivision C 1 d of this section shall record the following information each month for each cleaning material and shall maintain the information at the facility for a period
of fiv e years: ( i ) t he total volume of fresh cleaning solvent material used for equipment cleaning; and ( ii) t he total volume of cleaning solvent material recovered for either on

site or off

- site recycling.]

[ D. The control requirements for screen printing sh all be either use of solvent technology at 4.2 pounds of VOC per gallon, or the use of a product with a vapor pressure of 8 mm Hg. ]

9VAC5

- 40

- 8540

. Standard for visible emissions.

The provisions of Article 1 (9VAC5

- 40

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

- 4 0 (E xisting Stationary Sources ) apply.

9VAC5

- 40

- 8550

. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5

- 40

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

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8560

. Standard for odor.

The provisions o f Article 2 (9VAC5

- 40

- 130 et seq.) of Part II of 9VAC

- 40 ( Existing Stationary Sources ) apply.

9VAC5

- 40

- 8570

. Standard for toxic pollutants.

The provisions of Article 4 (9VAC5

- 60

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

- 60 ( Hazardous Air Pollutant Sources ) apply

.

9VAC5

- 40

- 8580

. Compliance.

The provisions of 9VAC5

- 40

- 20 (Compliance) apply.

9VAC5

- 40

- 8590

. Compliance schedule.COMMONWEALTH OF VIRGINIA PAGE 8 of 10 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### The owner shall comply with the provisions of this article as expeditiously as possible but in no case later than [date one year after the effective date of this article]

.

9VAC5

- 40

- 8600

. Test methods and procedures.

A. The provisions of 9VAC5

- 40

- 30 (Emission testing) apply.

B. The composite vapor pressure of organic compounds in cleaning materials shall be determined by quantifying t he amount of each compound in the blend using ASTM "Standard Practice for Packed Column Gas Chromatography" for organics and ASTM "Standard Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph" for water content (see 9VAC5

- 20

- 21), as applicable, and the following equation:



# ∑ **∑ ∑** 

**= =**  **=**



### + **+ =** 

n

i i i n

i e e w w n

i i i i

c 

### Mw W Mw W Mw W Mw VP W
Pp

1 1 1



### / / / / ) )( (

where:

Ppc = VOC composite partial pressure at 20oC, in mm Hg.

Wi = Weight of the "i"th VOC compound, in grams, as determined by ASTM "Standard Practice for Packed Column Gas Chromatography" (see 9VAC5

- 20

- 21).

Ww = Weight of water, in grams as determined by ASTM "Standard Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph" (see 9VAC5

- 20

- 21).

We = Weight of the "i"th exempt compound , in grams, as determined by ASTM "Standard Practice for Packed Column Gas Chromatography" (see 9VAC5

- 20

- 21).

Mwi = Molecular weight of the "i"th VOC compound, in grams per g

- mole, as given in chemical reference literature.

Mww = Molecular weight of water, 18 grams per g

- mole.

Mwe = Molecular weight of the "i"th exempt compound, in grams per gmole,COMMONWEALTH OF VIRGINIA PAGE 9 of 10 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### as given in chemical reference literature.

Vpi = Vapor pressure of the "i"th VOC compound at 20oC, in mm Hg, as determined by subsection C of this se ction.

C. The vapor pressure of each single component compound may be determined from ASTM "Standard Test Method for Vapor Pressure

- Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope" (see 9VAC5

- 20

- 21), from
chemica l reference literature

, or from additional sources acceptable to the board.

9VAC5

- 40

- 8610

. Monitoring.

The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 8620

. Notification, records and reporting.

The provisions of 9VAC5

- 40

- 50 (Notification, records and reporting) apply.

9VAC5

- 40

- 8630

. Registration.

The provisions of 9VAC5

- 20

- 160 (Registration) apply.

9VAC5

- 40

- 8640

. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5

- 20

- 180 (Facility and control equipment m aintenance or malfunction) apply.

9VAC5

- 40

- 8650

. Permits.

A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5

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

- 80 (Permits for Stationary Sources) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.

1. Construction of a facility.

2. Reconstruction (repl acement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.COMMONWEALTH OF VIRGINIA PAGE 10 of 10 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 5. Reactivation (re

- startup) of a facility.

6. Operation of a facility.

REG \ DEV\ D0 9

- 457

- FIN

- EPA1 .DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 9VAC5 CHAPTER 40. EXISTING STATIONARY SOURCES.

PART II. Emission Standards.

ARTICLE 5 8

. Emission Standards for Miscellaneous Industrial Adhesive Application Processes i n the

Northern Virginia Volatile Organic Compound Emissions Control Area , 8

- hour Ozone Standard (Rule 4

- 5 8 ).

9VAC5

- 40

- 8660

. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section, t he affected facility to which the provisions of this article apply is each miscellaneous industrial adhesive application process at a facility where the total actual volatile organic compound (VOC) emissions from all miscellaneous industrial adhesive application processes, including related cleaning activities and related ap plication of adhesive primers , are
, before consideration of controls, either (i) equal to or exceed 6.8 k ilograms per day (15 pounds per day), or (ii) 3 to ns per 12

- month rolling period

.

B. The provisions of this article apply only to sources of VOC s loc ated in the Northern Virginia VOC E missions C ontrol A rea designated in 9VAC5

- 20

- 206 1 a

.

C. The provisions of this article do not apply to the following.

1. M iscellaneous industrial adhesive application process operations subject to Article 6 (Rubber Tire Manufacturing Operations, 9VAC5

- 40

- 5810 et seq.), Article 26 (Large Appliance Coatings, 9VAC5

- 40

- 3560 et seq.), Article 28 ( Automobile and Light Duty Truck Coating Applications, 9VAC5

- 40

- 3860 et seq.) , Article 30 (Metal Coil Coating Application Systems, 9VAC5

- 40

- 4160 et seq.), Article 31 Paper and Fabric Coating Application Systems, 9VAC5

- 40

- 4310 et seq.) Article 33 ( Metal Furniture Coating Application Systems , 9VAC5

- 40

- 4610 et seq.), Article 35 ( Flatwood Paneli ng Coating Application Systems, 9VAC5

- 40

- 4910 et seq.), Article 53 ( Lithographic Printing Processes, 9VAC5

- 40

- 7800 et seq.), Article 56 (Letterpress Printing Operations, 9VAC5

- 40

- 8380 et seq.), Article 5 6.1 (Lithographic Printing Operations, 9VAC5

- 40

- 8420 et seq.), and Article 57 (Industrial Solvent Cleaning Operations, 9VAC5

- 40

- 8510 et seq.), of 9VAC5

- 40 (Existing Stationary Sources)

.

2. M iscellaneous industrial adhesive application process operations associated with the following product categories or processes: aerospace coatings,COMMONWEALTH OF VIRGINIA PAGE 2 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### flexible packaging printing materials, paper film and foil coating, and fiberglass boat manufacturing materials

.

D. The provisions of Article 6 ( Emission Standards for Adhesives and Sealants, (9VAC5

- 45

- 620 et seq.) of 9VAC5

- 45 (Consumer and Commercial Products) may apply. In the case of a conflict between these articles, the more restrictive provisions shall apply.

9 VAC5

- 40

- 8670

. Definitions.

A. For the purpose of applying this article in the context of the Regulatio ns for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meaning s given them in subsection C of this section.

B. Unless otherwise required by context, all terms not defined in this section shall have the meaning s given them in 9VAC5

- 170 (Regulation for General Administration), 9VAC5

- 10 (General Definitions), or commonly ascribed to them by recognized authorities, in that order of priority.

C. Terms defined.

" ABS welding" means any process to weld acrylonitrile

- butadiene

- styrene pipe.

"Adhesive" means any chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.

"Adhesive primer" means any product intended by the manufac turer for application to a substrate, prior to the application of an adhesive, to provide a bonding
surface.

"Aerosol adhesive or adhesive primer" means an adhesive or adhesive primer packaged as an aerosol product in which the spray mechanism is perman ently
housed in a non

- refillable can designed for handheld application without the need for ancillary hoses or spray equipment.

"A erospace coatings" means materials that are applied to the surface of an aerospace vehicle or component to form a decorativ e, protective, or functional solid film, or the solid film itself at a facility that produces, reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component.COMMONWEALTH OF VIRGINIA PAGE 3 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### "Application process" means a series of one or more adhes ive applicators and any associated drying area or oven in which an adhesive is applied, dried, or cured. An application process ends at the point where the adhesive is dried or cured, or prior to any subsequent application of a different adhesive. I t is no t necessary for an application process to have an oven or flash

- off area.

"Ceramic tile installation adhesive" means any adhesive intended by the
manufacturer for use in the installation of ceramic tiles.

"Chlorinated polyvinyl chloride plastic " or " CPVC plastic welding" means a polymer of the vinyl chloride monomer that contains 67% chlorine and is normally identified with a CPVC marking.

"Chlorinated polyvinyl chloride welding " or " CPVC welding" means an adhesive labeled for welding of chlorinate d polyvinyl chloride plastic.

"Cleaning activities" means activities other than surface preparation and priming that use cleaning materials to remove adhesive residue or other unwanted materials from equipment related to application operations, as well as the cleaning of spray guns, transfer lines (such as tubing or piping), tanks, and the interior of spray
booths.

"Contact adhesive" means an adhesive that: (i) is designed for application to both surfaces to be bonded together, (ii) is allowed to dry before the two surfaces are placed in contact with each other, (iii) forms an immediate bond that is impossible, or difficult, to reposition after both adhesive

- coated surfaces are placed in contact with each other, and (iv) does not need sustained pressur e or clamping of surfaces after the
adhesive

- coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces. Contact adhesive does not include rubber cements that are primarily intended for us e on paper substrates , or vulcanizing fluids that are designed and labeled for tire repair only.

"Cove base" means a flooring trim unit, generally made of vinyl or rubber, having a concave radius on one edge and a convex radius on the opposite edge that is used in forming a junction between the bottom wall course and the floor or to form an
inside corner.

"Cove base installation adhesive" means any adhesive intended by the
manufacturer to be used for the installation of cove base or wall base on a wal l or
vertical surface at floor level.

"Cyanoacrylate adhesive" means any adhesive with a cyanoacrylateCOMMONWEALTH OF VIRGINIA PAGE 4 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### content of at least 95 % by weight.

" Fiberglass boat manufacturing facility" means a facility that manufacture s hulls or decks of boats from fiberglass, or build s molds to make fiberglass boat hulls or
decks and does not include a facilit y that solely manufacture s parts of boats (such as hatches, seats, or lockers) or boat trailers, that is, which do es not also man ufacture hulls or decks of boats from fiberglass, or build molds to make fiberglass boat hulls or
decks.

"Fiberglass boat manufacturing materials" means materials utilized at fiberglass boat manufacturing facilities to manufacture hulls or decks of boat s from fiberglass, and parts of boats (such as hatches, seats, or lockers), or to build molds to make fiberglass boat hulls or decks.

"Flexible packaging printing materials" means materials used in the
manufacture of any package or part of a package the shape of which can be readily changed. Flexible packaging includes, but is not limited to, bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any combination of these materials.

"Flexib le vinyl" means non

- rigid polyv inyl chloride plastic with a 5% by weight plasticizer content.

"Indoor floor covering installation adhesive" means any adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl backed carpet, resilient sheet and roll or artificial grass. Adhesives used to install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a non

porous substrate, such as flexible vinyl, are excluded from this c ategory.

"Industrial a dhesives" means adhesives used for joining surfaces in assembly and construction of a large variety of products. Adhesives may be generally classified as solution/waterborne, solvent

- borne, solventless or solid ( such as hot melt
ad hesives), pressure sensitive, hot

- melt, or reactive ( such as epoxy adhesives and
ultraviolet

- curable adhesives). Adhesives may also be generally classified according to whether they are structural or nonstructural. Structural adhesives are commonly used in industrial assembly processes and are designed to maintain product structural integrity.

" Medical equipment manufacturing" means the manufacture of medical devices, such as, but not limited to, catheters, heart valves, blood cardioplegia machines, trac heostomy tubes, blood oxygenators, and cardiatory reservoirs.

"Metal to urethane/rubber molding or casting adhesive" means anyCOMMONWEALTH OF VIRGINIA PAGE 5 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials, in hea ter molding or casting processes, to fabricate products such as rollers for computer printers or other paper handling equipment.

"Motor vehicle adhesive" means an adhesive, including glass bonding adhesive, used at a facility that is not an automobile o r light

- duty truck assembly coating facility, applied for the purpose of bonding two vehicle surfaces together without regard
to the substrates involved.

"Motor vehicle glass bonding primer" means a primer, used at a facility
that is not an automobile o r light

- duty truck assembly coating facility, applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass bonding adhesives or the installation of adhesive bonded glass. Motor vehicle glass b onding primer includes glass bonding/cleaning primers that perform both functions (cleaning and priming of the windshield or other glass, or body openings) prior to the application of adhesive or the installation of adhesive bonded glass.

"Motor vehicle weatherstrip adhesive" means an adhesive, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to weatherstripping materials for the purpose of bonding the weatherstrip material to the
surface o f the vehicle.

"Multipurpose construction adhesive" means any adhesive intended by the manufacturer for use in the installation or repair of various construction materials, including but not limited to drywall, subfloor, panel, fiberglass reinforced pla stic (FRP), ceiling tile and acoustical tile.

"Outdoor floor covering installation adhesive" means any adhesive intended by the manufacturer for use in the installation of floor covering that is not in an enclosure and that is exposed to ambient weather conditions during normal use.

"Paper

, film and foil coating" means coating that is applied to paper, film, or foil surfaces in the manufacturing of several major product types for the following industry sectors: pressure sensitive tape and labels (including fabric coated for use in

pressure s ensitive tapes and labels); photographic film; industrial and decorative laminates; abrasive products (including fabric coated for use in abrasive products) and flexible packaging (including coating of non

- woven polymer substrates for use in flexible packa ging). Paper and film coating also includes coatings applied during miscellaneous coating operations for several products including: corrugated and solid fiber boxes; die

cut paper paperboard, and cardboard; converted paper and paperboard not elsewhereCOMMONWEALTH OF VIRGINIA PAGE 6 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### cla ssified; folding paperboard boxes, including sanitary boxes; manifold business forms and related products; plastic aseptic packaging; and carbon paper and inked ribbons.

"Perimeter bonded sheet flooring installation" means the installation of
sheet floo ring with vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip of up to four inches wide around the perimeter of the sheet flooring.

"Plastic" means a synthetic material chemically formed by the polymerizatio n of organic (carbon

- based) substances. Plastics are usually compounded with modifiers, extenders, and/or reinforcers and are capable of being molded, extruded, cast into various shapes and films or drawn into filaments.

" Plastic solvent welding adhesiv e " means any adhesive intended by the manufacturer for use to dissolve the surface of plastic to form a bond between mating
surfaces.

" Plastic solvent welding adhesive primer " means any primer intended by the manufacturer for use to prepare plastic subs trates prior to bonding or welding.

" Polyvinyl chloride plastic " or "PVC" means a polymer of the chlorinated vinyl monomer that contains 57% chlorine.

" Polyvinyl chloride welding adhesive " or " PVC welding adhesive " means any adhesive intended by the manufacturer for use in the welding of PVC plastic pipe.

" Porous material " means a substance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged, including, but not limited to, paper and corrugated paperboard. For t he purposes of this article

, porous material
does not include wood.

"Reactive adhesive" means adhesive systems composed, in part, of volatile monomers that react during the adhesive curing reaction, and, as a result, do not evolve from the film during u se. These volatile components instead become integral parts of the adhesive through chemical reaction. At least 70% of the liquid components of the system, excluding water, react during the process.

" Reinforced plastic composite " means a composite mater ial consisting of plastic reinforced with fibers.

" Rubber " means any natural or manufactured rubber substrate, including but not limited to, styrene

- butadiene rubber, polychloroprene (neoprene), butyl rubber,COMMONWEALTH OF VIRGINIA PAGE 7 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### nitrile rubber, chlorosulfonated polyethylene and ethylene propylene diene terpolymer.

" Sheet rubber lining installation " means the process of applying sheet rubber liners by hand to metal or plastic substrates to protect the underlying substrate
from corrosion or abrasion. These operations also include laminating sheet rubber to fabric by hand.

" Single

- ply roof membrane " means a prefabricated single sheet of rubber, normally ethylene

- propylenediene terpolymer, that is field

- applied to a building roof using one layer of membrane material. For the purposes of this article

, single

- ply roof
membrane does not include membranes prefabricated from ethylene

- propylenediene monomer (EPDM).

"Single

- ply roof membrane adhesive primer" means any primer labeled for use to clean and promote adhesion of the single

- ply roof membrane seams or splices prior to bonding.

" Single

- ply roof membrane installation and repair adhesive " means any adhesive labeled for use in the installation or repair of single

- ply roof membrane. Installation includes, as a minimum, attaching the edge of the membrane to the edge of the roof and applying flashings to vents, pipes and ducts that protrude through the membrane. Repair includes gluing the edges of torn membrane together, attaching a patch over a hole and reap plying flashings to vents, pipes or ducts installed through the
membrane.

" Structural glazing " means a process that includes the application of adhesive to bond glass, ceramic, metal, stone or composite panels to exterior building
frames.

" Thin metal laminating adhesive " means any adhesive intended by the manufacturer for use in bonding multiple layers of metal to metal or metal to plastic in the production of electronic or magnetic components in which the thickness of the bond
line or lines is less t han 0.25 mils

.

" Tire repair " means a process that includes expanding a hole, tear, fissure or blemish in a tire casing by grinding or gouging, applying adhesive and filling the hole
or crevice with rubber.

"Undersea

- based weapons systems components" means the fabrication of parts, assembly of parts or completed units of any portion of a missile launching system used on undersea ships.COMMONWEALTH OF VIRGINIA PAGE 8 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### "VOC" means volatile organic compound.

" Waterproof resorcinol glue " means a two

- part resorcinol

- resin

- based
adhe sive designed for applications where the bond line must be resistant to conditions
of continuous immersion in fresh or salt water.

9VAC5

- 40

- 8680

. Standard for volatile organic compounds.

A. No owner or other person shall perform miscellaneous industrial adhesive application processes in excess of the following limits.

1. Facilities opting to meet specific emissions limits in lieu of the control efficiency in subdivision 2 of this section shall meet the applicable emis sions limits in
Table 4

- 5 8 A.

TABLE 4

- 5 8 A. VOC EMISSION LIMITS FOR GENERAL AND SPECIALTY ADHESIVE APPLICATION PROCESSES

General Adhesive Application
Processes VOC Emission Limit

grams per liter (g/l) pounds per gallon (lb/gal)
Reinforced p lastic c omposite 200 1.7 Flexible vinyl 250 2.1
Metal 30 0.3
Porous m aterial ( e xcept w ood) 120 1.0
Rubber 250 2.1
Wood 30 0.3 Other s ubstrates 250 2.1 Specialty Adhesive Application
Processes VOC Emission Limit (g/l) (lb/gal)
Ceramic t ile i nstallation a dhesive 130 1.1 Contact a dhesive 250 2.1 Cove b ase i nstallation a dhesive 150 1.3
Indoor f loor covering i nstallation

a dhesive 150 1.3

Outdoor f loor c overing installation

a dhesive 250 2.1

Perimeter b onded s heet f loor c overing
i nstallation 660 5.5

Metal to u rethane/ r ubber molding or

c asting a dhesive 850 7.1COMMONWEALTH OF VIRGINIA PAGE 9 of 14 STATE AIR POLLUTION CONTROL BOARD

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### Motor v ehicle a dhesive 250 2.1
Motor v ehicle w eatherstrip a dhesive 750 6.3 Multipurpose c onstruction 200 1.7 ABS w elding a dhesive 400 3.3
Plastic s olvent w elding (Except ABS)

a dhesive 500 4.2

Sheet r ubber l ining i nstallation 850 7.1 Single

- p ly roof membrane i nstallation
and r epair a dhesive (Except EPDM) 250 2.1

Structural g lazing 100 0.8
Thin m etal l aminating a dhesive 780 6.5
Tire r epair 100 0.8 Waterproof r esorcinol g lue 170 1.4

Adhesive Primer Application Processes VOC Emission Limit (g/l) (lb/gal)
Motor vehicle g lass bonding p rimer 900 7.5
Plastic s olvent w elding a dhesive p rimer 650 5.4 Single

- p ly r oof m embrane a dhesive

p rimer 250 2.1

Other a dhesive p rimer 250 2.1

For the purposes of this table, emission limits are mass of VOC per volume of adhesive or adhesive primer excluding water and exempt compounds, as applied.

a. The VOC content limits in Table 40

- 58A for adhesives applied to particular substrates shall apply as follows.

( 1 ) If an owner or other person uses an adhesive or sealant subject to a specific VOC content limit for such adhesive or sealant in Table 40

- 58A, such specific limit is applicable rather than an adhesive

- to

- substrate limit.

( 2 ) If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC content shall be the
limit for such use.

b . The emission limits in Table 4

- 58A shall be met by averaging the VOC content of materials used on a single application process unit for each day (i.e., daily within

- application process unit averaging). Cross

- application process unit averaging (i.e., av eraging across multiple application units) shall not be used to
determine these emission limits.COMMONWEALTH OF VIRGINIA PAGE 10 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### c . VOC content shall be determined as follows.

( 1 ) For adhesives that are not reactive adhesives, VOC content shall be determined using Reference Meth od 24.

(2) For reactive adhesives, VOC content shall be determined using the procedure for reactive adhesives in Appendix A of subpart PPPP
of 40 CFR P art 63

.

(3) As an alternative to the methods in subdivisions (1) and (2) of this subdivision A 1 c , the manufacturer’s formulation data may be used . If there is a disagreement between manufacturer's formulation data and the results of a subsequent test, the test method results shall be used unless the facility can
d emonstrat e to the board ' s satis faction that the manufacturer's formulation data are

correct.

2. Facilities opting to meet a control efficiency in lieu of the specific
emission limits in subdivision 1 of this subsection shall meet an overall control efficiency
of 85%.

3. The follo wing materials shall not be subject to the limits and controls found in subdivisions 1 and 2 of this subsection but shall be subject to the work practices found in sub division B 3 of this section.

a. Adhesives or adhesive primers being tested or evalua ted in any research and development, quality assurance, or analytical laboratory.

b. Adhesives or adhesive primers used in the assembly, repair, or manufacture of aerospace or undersea

- based weapon systems.

c. Adhesives or adhesive primers used in medica l equipment manufacturing operations.

d. Cyanoacrylate adhesive application processes.

e. Application of a erosol adhesive s and adhesive primer s applied
with a hand held, disposable can that is pressured and that dispenses an adhesive or adhesive primer by means of a propellant . Aerosol adhesives are regulated by VOC Emission Standards for Consumer Products , subpart C of 40 CFR Part 59. Aerosol
adh esive primers are regulated as " primers " under VOC Emission Standar ds for Aerosol Coatings

, s ubpart E of 40 CFR Part 59.COMMONWEALTH OF VIRGINIA PAGE 11 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### f. Processes using polyester bonding putties to assemble fiberglass parts at fiberglass boat manufacturing facilities and at other reinforced plastic composite manufacturing facilities.

g. Processes u sing adhesives and adhesive primers that are supplied by the manufacturer in containers with a net volume of 16 ounces or less, or a net weight of one pound or less.

h. Cleaning materials.

B. The owner of a facility subject to this article shall implement the following

c ontrol o ptions as applicable :

1. A facility using low

- VOC adhesives or adhesive primers shall use o ne of the following application methods:

a. E lectrostatic spray;

b. HVLP spray;

c. F low coat;

d. R oll coat or hand application, including non

- spray application methods similar to hand or mechanically powered caulking gun, brush, or direct hand appl ication;

e. D ip coat, including electrodeposition;

f. A irless spray;

g. Air

- assisted airless spray; or

h. Other adhesive application method capable of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spraying.

2. A facility with product performance requirements or other needs that dictate the use of higher

- VOC materia ls than those that would meet the emission limits
in Table 4

- 58A shall either (i) use add

- on control equipment with an o verall control efficiency of 85% , or (ii) use a combination of adhesives and add

- on control equipment on an application process unit to meet the emission limits in Table 4

- 58 A

. Add

- on devices may include oxidizers, adsorbers, absorbers, and concentrators.COMMONWEALTH OF VIRGINIA PAGE 12 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 3. The following work practices for the application of adhesives, adhesive primers, and process

- related waste materials

, shall be used :

a. A ll VOC

- containing adhesives, adhesive primers, and process

related waste materials shall be stored in closed containers.

b. M ixing and storage containers used for VOC

- containing adhesives, adhesive primers, and process

- related w aste materials shall be kept closed at all times except when these materials are being deposited or removed.

c. S pills of VOC

- containing adhesives, adhesive primers, and

process

- related waste materials shall be minimized.

d. VOC

- containing adhesives, adhesive primers, and process

related waste materials shall be conveyed from one location to another in closed containers or pipes.

4. The following w ork p ractices for c leaning activities shall be used :

a. A ll VOC

- containin g cleaning materials and used shop towels
shall be stored in closed containers.

b. S torage containers used for VOC

- containing cleaning materials
shall be kept closed at all times except when these materials are deposited or removed.

c. S pills of VO C

- containing cleaning materials shall be minimized.

d. VOC

- containing cleaning materials shall be conveyed from one location to another in closed containers or pipes

.

e. VOC emission s from cleaning of application, storage, mixing, and conveying equipment shall be minimized by performing equipment cleaning without atomizing the cleaning solvent and by capturing all spent solvent in closed containers.

5. The application of adhesives and adhesive primers applied with a handheld, disposable can that is pressured and that dispenses an adhesive or adhesive primer by means of a propellant. shall not be subject to the application method limits
and controls found in subdivisions 1

, 2 and 4 o f this subsection but shall be subject to the work practices found in subdivisions 3 and 4 of this section.

9VAC5

- 40

- 8690

. Standard for visible emissions.COMMONWEALTH OF VIRGINIA PAGE 13 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### The provisions of Article 1 (9VAC5

- 40

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

- 4 0 (E xisting Stationary Sources ) apply.

9VAC5

- 40

- 8700

. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5

- 40

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

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8710

. Standard for odor.

The provisions of Article 2 (9VAC5

- 40

- 130 et seq.) of Part II of 9VAC

- 40 ( Existing Stationary Sources ) apply.

9VAC5

- 40

- 8720

. Standard for toxic pollutants.

The provisions of Article 4 (9VAC5

- 60

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

- 60 ( Hazardous Air Pollutant Sources ) apply.

9VAC5

- 40

- 8730

. Compliance.

A. The provisions of 9VAC5

- 40

- 20 (Compliance) apply.

B. The emission standards in 9VAC5

- 40

- 4330 apply to coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed 24 hours.

C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicab le standard in terms of pounds of VOC s per gallon solids or pounds of VOC s per gallon solids applied according to the applicable procedure in 9VAC5

- 20

- 121. Compliance may also be based on transfer efficiency greater than the baseline transfer efficiency of 9VAC5

- 40

- 8680 B if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5

- 20

- 121.

9VAC5

- 40

- 8740

. Compliance schedule.

The owner shall comply with the provisions of this article as expeditiously as possible but in no case later than [date one year after the effective date of this article]

.

9VAC5

- 40

- 8750

. Test methods and procedures.COMMONWEALTH OF VIRGINIA PAGE 14 of 14 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### The provisions of 9VAC5

- 40

- 30 (Emission testing) apply.

9VAC5

- 40

- 8760

. Monitoring.

The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 8770

. Notification, records and reporting.

The provisions of 9VAC5

- 40

- 50 (Notification, records and reporting) apply.

9VAC5

- 40

- 8780

. Registration.

The provisions of 9VAC5

- 20

- 160 (Registration) apply.

9VAC5

- 40

- 8790

. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5

- 20

- 180 (Facility and control equipment maintenance or malfunction) apply.

9VAC5

- 40

- 8800

. Permits.

A permit may be required prior to beginning any of the activities specified below i f the provisions of 9VAC5

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

- 80 (Permits for Stationary Sources) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether
thos e provisions apply.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (re

- startup) of a facility.

6. Operation of a facility.

REG \ DEV\ D0 9

- 45 8

- FIN .DOC

### 1 ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES AND COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the following information regarding public participation activities and compliance with state administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR Part 51.102(a), t he public was given notice of the opportunity to
submit written comments and attend a public hearing concerning a proposed revision to the Commonwealth of Virginia State Implementation Plan. The notice was provided in
the Washington Times (for the Nationa l Capital Interstate Air Quality Control Region ), along with the location of the proposal for public inspection, on January 12, 2015

. The attached copy of the notice provides the evidence required by Section 2.1(f) of Appendix V of 40 CFR Part 51.

As requ ired by 40 CFR 51.102(a), the hearing to accept public comment concerning the proposed revision was held at the Department of Environmental Quality, Northern Virginia Regional Office, 13901 Crown Court , Woodbridge Virginia , at 11:00 a

. m

. on February 26, 20 15

. As required by 40 CFR 51.102(f) and Section 2.1(g) of Appendix V of 40 CFR Part 51, the hearing was held in accordance with the information found in the public notice, and according to the state's laws and the requirements of 40 CFR 51.102

.

The Regional Administrator for the U.S. Environmental Protection Agency was notified of the hearing, as was each local air pollution control agency which will be significantly
affected by the revision and is located in the affected Air Quality Control Regi ons. In addition, the District of Columbia, Maryland and Tennessee, which share affected interstate Air Quality Control Regions with Virginia, were notified of the hearing. These notifications follow the requirements of 40 CFR Part 51.102(d)(3), (4) and ( 5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation
amendments were published in the Virginia Register of Regulations on November 30,
2015 after being duly adopted by the Stat e Air Pollution Control Board on June 19,
2015 , certified by the Office of the Attorney General as within the Board’s statutory authority on June 22, 2015 and thus fully enforceable under Virginia law, and submitted to the Virginia Registrar on behalf of t he Board by the Department of Environmental Quality as a true and accurate copy of the duly adopted regulation on October 29,

### 2 2015 , providing the evidence required by Section 2.1(b) and (e) of Appendix V of 40 CFR Part 51. As required by Section 2.1(d) of Appendix V of 40 CFR Part 51, a copy of the actual regulation submitted for approval and incorporation by reference into the Commonwealth of Virginia State Implementation Plan is attached, along with the
effective date of February 1, 2016

.

Only those pro visions of the final regulation which are not marked out on the attached copy are to be considered part of the Virginia State Implementation Plan.

TEMPLATES \ SIP

- REG \ REG02

- PH

- N
SIP \ NONATTN PLANS \ 201 6 \ D09

- SIP

- 2.DOC

# Regulations

Volume 32, Issue 7 Virginia Register of Regulations November 30, 2015

1181 3. The temperature of a catalytic or thermal oxidation control device shall be monitored at least once every 15 minutes while the printing process is operating, and that temperature shall be recorded by an analog or digital recording device.
a. For a catalytic oxidizer, the dryer exhaust temperature upstream of the catalyst bed shall be monitored and
recorded.

b. For a thermal oxidizer, the combustion chamber temperature of the oxidizer shall be monitored and
recorded.
4. Catalyst bed material in a catalytic oxidation control device shall be inspecte d annually for general catalyst condition and any signs of potential catalyst depletion. Sampling and evaluation of the catalyst bed material shall be conducted whenever the results of the inspection indicate signs of potential catalyst depletion or poor c atalyst condition based on manufacturer's recommendations, but not less than once per

year. 5. If a heatset web offset lithographic printing process is interlocked to ensure that the control device is operating and airflow is present when the printing proc ess is operating, then periodic monitoring of dryer air flow is not required. If no interlock is present, then the printing process dryer air flow shall be verified and recorded once per operating day.

9VAC5

- 40

- 8450. Notification, records, and reporting.

T he provisions of 9VAC5

- 40

- 50 (Notification, records, and reporting) apply.

9VAC5

- 40

- 8460. Registration.
The provisions of 9VAC5

- 20

- 160 (Registration) apply.

9VAC5

- 40

- 8470. Facility and control equipment
maintenance or malfunction.
The provisions of 9VAC5

- 2 0

- 180 (Facility and control equipment maintenance or malfunction) apply.

9VAC5

- 40

- 8480. Permits.
A permit may be required prior to beginning any of the activities specified [ below in this section ] if the provisions of
9VAC5

- 50 (New and Modified Stationar y Sources) and 9VAC5

- 80 (Permits for Stationary Sources) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.
1. Construction of a facility.

2. Re construction (replacement of more than half) of a facility.
3. Modification (any physical change to equipment) of a facility.
4. Relocation of a facility.
5. Reactivation (re

- startup) of a facility.
6. Operation of a facility.

VA.R. Doc. No. R10

- 2126; Fil ed October 29, 2015, 11:50 a.m. Final Regulation
Title of Regulation: 9VAC5

- 40. Existing Stationary
Sources (Rev. D09) (adding 9VAC5

- 40

- 8510 through
9VAC5

- 40

- 8800).
Statutory Authority: § 10.1

- 1308 of the Code of Virginia; §§ 110, 111, 123, 129, 171, 172, and 182 of the federal Clean Air Act (40 CFR Parts 51 and 60).

Effective Date: February 1, 2016.
Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 6 29 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4426, FAX (804)
698

- 4510, or email karen.sabasteanski@deq.virginia.gov.
Summary:
The regulation requires owners to limit emissions of air pollution from industrial solvent cleaning operations and miscellaneous industrial adhesive application processes to the level necessary for the protection of public health and welfare and the attainment and maintenance of the air quality standards. The regulation applies to sources within
the Nor thern Virginia Volatile Organic Compound Emissions Control Area and establishes standards, control techniques, and provisions for determining compliance. The regulation includes provisions for visible emissions, fugitive dust, odor, toxic pollutants, compl iance, test methods and procedures, monitoring, notification, registration, malfunctions, and permits. The final amendments add an alternative work practices procedure and an alternative standard for coatings, inks, adhesives, and resin manufacturing opera tions.
Summary of Public Comments and Agency's Response: A summary of comments made by the public and the agency's response may be obtained from the promulgating agency or viewed at the office of the Registrar of Regulations.

Article 57
Emission Standards for Industrial Solvent Cleaning Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8

- hour Ozone Standard

(Rule 4

- 57)

9VAC5

- 40

- 8510. Applicability and designation of affected facility.
A. Except as provided in subsections C and D of this section, the affected facility to which the provisions of this article apply is each facility that uses organic solvent for cleaning unit operations such as mixing vessels (tanks), spray booths, and parts cleaners and that emits, before co nsideration of controls, at least 6.8 kilograms per day (15 pounds per day) of volatile organic compounds (VOCs). Such operations include, but are not limited to, spray gun cleaning, spray booth cleaning, large manufactured components cleaning, parts clean ing, equipment cleaning, line cleaning, floor cleaning, tank cleaning, and small manufactured components cleaning.

# Regulations

Volume 32, Issue 7 Virginia Register of Regulations November 30, 2015

1182 B. The provisions of this article apply only to affected facilities located in the Northern Virginia VOC Emissions Control Area designated in subdivision 1 a of 9VAC5

- 20

- 206.
C. Exempted from the provisions of this article are solvent cleaning operations (i) for cleaning of electrical and electronic components; (ii) for cleaning of high precision optics and cleaning of cotton swabs to remove co ttonseed oil before cleaning of high precision optics; (iii) for cleaning of numismatic dies; (iv) for cleaning of resin, coating, ink, and adhesive mixing, molding, and application equipment; (v) in research and development laboratories; (vi) in manufactu ring medical devices or pharmaceutical products; (vii) related to performance or quality assurance testing of coatings, inks, or
adhesives.
D. The provisions of this article do not apply to the following:
1. Surface preparation and solvent cleaning operati ons associated with the surface coating, application of adhesive, sealants and their primers or printing operations subject to Article 26 (Large Appliance Coatings, 9VAC5

- 40

- 3560 et seq.), Article 28 (Automobile and Light Duty Truck Coating Applications, 9 VAC5

- 40

- 3860 et seq.), Article 33 (Metal Furniture Coating Application Systems,
9VAC5

- 40

- 4610 et seq.), Article 34 (Miscellaneous Metal Parts/Products Coating Application, 9VAC5

- 40

- 4760), Article 35 (Flatwood Paneling Coating Application Systems, 9VAC5

- 40

- 4910 et seq.), Article 53 (Lithographic Printing Processes, 9VAC5

- 40

- 7800 et seq.), Article 56 (Letterpress Printing Operations, 9VAC5

- 40

- 8380 et seq.), Article 56.1 (Lithographic Printing Operations, 9VAC5

- 40

- 8420 et seq.), Article 58 (Miscellaneous Indus trial Adhesive Application Processes,
9VAC5

- 40

- 8660 et seq.), and Article 59 (Miscellaneous Metal Parts and Products Coating Application Systems,
9VAC5

- 40

- 8810 et seq.) of 9VAC5

- 40 (Existing Stationary Sources).
2. The use of janitorial supplies used for c leaning offices, bathrooms, or other similar areas.
3. Stripping of cured inks, coatings, and adhesives.
4. Surface preparation and solvent cleaning operations associated with the surface coating, application of adhesive, sealants and their primers, or pri nting operations of the following product categories or processes: aerospace coatings, wood furniture coatings, shipbuilding and repair coatings, flexible packaging printing materials, paper film and foil coating, plastic parts coating, and fiberglass boat manufacturing materials.
5. Solvent metal cleaning operations subject to Article 47 (Emission Standards for Solvent Metal Cleaning Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 9VAC5

- 40

- 6820 et seq.) of 9VAC5

- 40 (Ex isting Stationary Sources). [ 6. The use of cleaning solvent in a digital printing operation in which an electronic output device transfers variable data, in the form of an image, from a computer to
a substrate. ]

9VAC5

- 40

- 8520. Definitions.
A. For the pu rpose of applying this article in the context of the regulations for the control and abatement of air pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section.
B. Unless otherwise required by context , all terms not defined in this section shall have the meanings given them in
9VAC5

- 170 (Regulation for General Administration),
9VAC5

- 10 (General Definitions), or commonly ascribed to them by recognized authorities, in that order of priority.

C. Terms def

ined.
"Aerospace coatings" means materials that are applied to the surface of an aerospace vehicle or component to form a decorative, protective, or functional solid film, or the solid film itself at a facility that produces, reworks, or repairs in

any amo unt any commercial, civil, or military aerospace vehicle or component.
"Electrical and electronic components" means components and assemblies of components that generate, convert, transmit, or modify electrical energy. Electrical and electronic components include, but are not limited to, wires, windings, stators, rotors, magnets, contacts, relays, printed circuit boards, printed wire assemblies, wiring boards, integrated circuits, resistors, capacitors, and
transistors but does not include the cabinets in w hich electrical and electronic components are housed.
"Fiberglass boat manufacturing materials" means materials
utilized at facilities that manufacture hulls or decks of boats from fiberglass or build molds to make fiberglass boat hulls or decks. Fiberglas s boat manufacturing
materials are not materials used at facilities that manufacture solely parts of boats (such as hatches, seats, or lockers) or boat trailers, but do not (i) manufacture hulls or decks of boats from fiberglass or (ii) build molds to make fiberglass boat hulls or decks.
"Flexible packaging printing materials" means materials used in the manufacture of any package or part of a package the shape of which can be readily changed. Flexible packaging includes, but is not limited to, bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any
combination of these materials.
"High precision optics" means an optical element used in
an electro

- optical device and is designed to sense, detect, or transmit light energy, including specific wavelengths of light energy and changes in light energy levels.
"Industrial cleaning solvents" means products used to remove contaminants such as adhesives, inks, paint, dirt, soil, oil, and grease from parts, products, tools, machinery,

# Regulations

Volume 32, Issue 7 Virginia Register of Regulations November 30, 2015

1183 equipment, vessels, floors, walls, and other work production related work areas for reasons such as safety, operability, and to avoid product contamination. The cleaning solvents used in these operations may be generally available bulk solvents that are used for a multitude of applications in addition to cleaning, such as for paint thinner, or as an ingredient used in the manufacture of a coating, such as paint.
"Medical device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent, or other similar article, including any component or accessory that is (i) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of diseases; or (ii) intended to affect the structure or any function of the body.
"Paper, film, and foil coating" means coating that is applied to paper, film, or foil surfaces in the manufacturing of several major product types for the following industry
sectors: pre ssure sensitive tape and labels (including fabric coated for use in pressure sensitive tapes and labels); photographic film; industrial and decorative laminates; abrasive products (including fabric coated for use in abrasive products); and flexible packagi ng (including coating of nonwoven polymer substrates for use in flexible packaging). Paper and film coating also includes coatings applied during miscellaneous coating operations for several products including: corrugated and solid fiber boxes; die

cut pap er paperboard, and cardboard; converted paper and paperboard not elsewhere classified; folding paperboard boxes, including sanitary boxes; manifold business forms and related products; plastic aseptic packaging; and carbon paper and inked ribbons.

"Pharmac eutical product" means a preparation or compound, which includes any drug, analgesic, decongestant, antihistamine, cough suppressant, vitamin, mineral or herb supplement intended for human or animal consumption and used to cure, mitigate or treat disease o r improve or enhance health.
"Plastic parts coating" means a coating that is applied to the surfaces of a varied range of plastic parts and products. Such parts or products are constructed either entirely or partially from metal or plastic. These parts inc lude, but are not limited to, metal and plastic components of the following types of products as well as the products themselves: fabricated metal products, molded plastic parts, small and large farm machinery, commercial and industrial machinery and equip ment, automotive or transportation equipment, interior or exterior automotive parts, construction equipment, motor vehicle accessories, bicycles and sporting goods, toys, recreational vehicles, pleasure craft (recreational boats), extruded aluminum

structu ral components, railroad cars, heavier vehicles, lawn and garden equipment, business machines, laboratory and medical equipment, electronic equipment, steel drums, metal pipes, and numerous other industrial and household products.
"Shipbuilding and repair coating" means material that can be applied as a thin layer to a substrate and which cures to form a continuous solid film, and is used in the building, repair, repainting, converting, or alteration of ships.
"Solvent cleaning operation" means the employme nt of industrial cleaning solvents to remove loosely held uncured adhesives, uncured inks, uncured coatings, and
contaminants [

, ] which include, but are not limited to, dirt, soil, and grease [

, ] from parts, products, tools, machinery, equipment, and general work areas and includes but is not limited to activities such as wipe cleaning, solvent flushing, or spraying [ and each . Each ] distinct method of cleaning in a cleaning process, which consists of a series of cleaning methods, [ shall ] constitute a separate solvent cleaning operation.
"Solvent flushing" means the use of a solvent to remove uncured adhesives, uncured inks, uncured coatings, or contaminants from the internal surfaces and passages of the equipment by flushing solvent through the equi pment. "Surface preparation" means the cleaning of surfaces prior to coating, further treatment, sale, or intended use.
"VOC" means volatile organic compound.
"Wipe cleaning" means the method of cleaning a surface by physically rubbing it with a material s uch as a rag, paper, sponge, or a cotton swab moistened with a solvent.
"Wood furniture coatings" means protective, decorative, or functional films applied in thin layers to a surface used in
the manufacture of wood furniture or wood furniture
components. Such coatings include, but are not limited to, paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, enamels, inks, and temporary protective coatings.

9VAC5

- 40

- 8530. Standard for volatile organic compounds.
A. No owner or other person shall cause or permit to be discharged into the atmosphere any VOC emissions from any solvent cleaning operation employing industrial cleaning solvents in excess of both of the following limits:
1. A VOC content limit of 50 grams per liter (0.42 pounds per gall on) of industrial cleaning solvent shall apply unless emissions are controlled by an emission control system with an overall control efficiency of at least 85%; and
2. A composite vapor pressure limit of [ 8 eight ] millimeters of mercury at 20°C.

B. VOC emissions from the use, handling, storage, and disposal of industrial cleaning solvents and shop towels shall be controlled by the following work practices:
1. Open containers and used applicators shall be covered.
2. Air circulation around cleaning operat ions shall be
minimized.

# Regulations

Volume 32, Issue 7 Virginia Register of Regulations November 30, 2015

1184 3. Used solvent and shop towels shall be disposed of properly.
4. Equipment practices that minimize emissions (including but not limited to keeping arts cleaners covered and maintaining cleaning equipment to repair solvent leaks)

s hall be implemented.

[ C. In lieu of complying with the requirements of subsections A and B of this section, a manufacturer of coatings, inks, resin, or adhesives may comply with the following requirements:
1. Clean portable or stationary mixing vats, hig h dispersion mills, grinding mills, tote tanks, and roller mills by one or more of the following methods:
a. Use a cleaning solvent that either contains less than 1.67 pounds per gallon of VOC or has a composite vapor pressure no more than eight mmHg at 20 °C;
b. Comply with the following work practices:
(1) Equipment being cleaned shall be maintained leak free;
(2) VOC

- containing cleaning materials shall be drained from the cleaned equipment upon completion of cleaning;
(3) VOC

- containing cleaning materials, including waste solvent, shall not be stored or disposed of in such a manner that will cause or allow evaporation into the atmosphere; and
(4) All VOC

- containing cleaning materials shall be
stored in closed containers.

c. Collect and vent the em issions from equipment cleaning to a VOC emission control system that has an overall capture and control efficiency of at least 80%, by weight, for the VOC emissions. Where such reduction is achieved by incineration, at least 90% of the organic
carbon shal l be oxidized to carbon dioxide.
d. Use organic solvents other than those allowed in subdivision 1 a of this subsection provided no more than 60 gallons of fresh solvent shall be used per month. Organic solvent that is reused or recycled (either on site

or off site) for further use in equipment cleaning or the manufacture of coating, ink, or adhesive shall not be
included in this limit. All VOC

- containing cleaning
materials shall be stored in closed containers.
2. When using solvent for wipe cleaning, the o wner shall not (i) use open containers for the storage or disposal of cloth or paper impregnated with organic compounds that is used for cleanup, or coating, ink, or adhesive removal and (ii) store spent or fresh organic compounds to be used for cleanup or coating, ink, resin, or adhesive removal in open
containers.
3. Any manufacturer of coatings, inks, resin, or adhesives that complies with subdivision 1 d of this subsection shall record the following information each month for each cleaning material and shall maintain the information at the facility for a period of five years: (i) the total volume of fresh cleaning solvent material used for equipment cleaning and (ii) the total volume of cleaning solvent
material recovered for either on

- site or off

- site r ecycling.
D. The control requirements for screen printing shall be either use of solvent technology at 4.2 pounds of VOC per gallon, or the use of a product with a vapor pressure of eight mm Hg. ]

9VAC5

- 40

- 8540. Standard for visible emissions.
The provisi ons of Article 1 (9VAC5

- 40

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

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8550. Standard for fugitive dust/emissions.
The provisions of Article 1 (9VAC5

- 40

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

- 40 (Existing Stationary Sources) a pply.

9VAC5

- 40

- 8560. Standard for odor.
The provisions of Article 2 (9VAC5

- 40

- 130 et seq.) of Part
II of 9VAC

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8570. Standard for toxic pollutants.
The provisions of Article 4 (9VAC5

- 60

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

- 60 (Hazardous Air Pollutant Sources) apply.

9VAC5

- 40

- 8580. Compliance.
The provisions of 9VAC5

- 40

- 20 (Compliance) apply.

9VAC5

- 40

- 8590. Compliance schedule.
The owner shall comply with the provisions of this article as expeditiously as possible but in no case later than [ (insert date one year after the effective date of this article) February 1, 2017 ]

. 9VAC5

- 40

- 8600. Test methods and procedures.
A. The provisions of 9VAC5

- 40

- 30 (Emission testing) apply.
B. The composite vapor pressure of organic compounds in cleaning materials shall be determined by quantifying the amount of each compound in the blend using ASTM "Standard Practice for Packed Column Gas Chromatography" for organics and ASTM "Standard Test Method for Water Content of Coating s by Direct Injection Into a Gas Chromatograph" for water content (see 9VAC5

- 20

- 21), as applicable, and the following equation:

where:
Ppc = VOC composite partial pressure at 20oC, in mm Hg.
Wi = Weight of the "i"th VOC compound, in grams, as determined by

# Regulations

Volume 32, Issue 7 Virginia Register of Regulations November 30, 2015

1185 ASTM "Standard Practice for Packed Column Gas Chromatography" (see 9VAC5

- 20

- 21).
Ww = Weight of water, in grams as determined by ASTM
"Standard Test
Method for Water Content of Coatings by Direct Injection

Into a Gas Chromatograph"
(see 9VAC5

- 20

- 21).
We = Weight of the "i"th exempt compound, in grams, as determined by

ASTM "Standard Practice for Packed Column Gas Chromatography" (see 9VAC5

- 20

- 21).
Mwi = Molecular weight of the "i"th VOC compound, in

grams per g

- mol e, as given in chemical reference literature.
Mww = Molecular weight of water, 18 grams per g

- mole.
Mwe = Molecular weight of the "i"th exempt compound, in

grams per g

- mole,
as given in chemical reference literature.
VPi = Vapor pressure of the "i"th VOC c ompound at 20oC, in mm Hg, as determined by subsection C of this section.
C. The vapor pressure of each single component compound may be determined from ASTM "Standard Test Method for Vapor Pressure

- Temperature Relationship and Initial Decomposition Temper ature of Liquids by Isoteniscope" (see
9VAC5

- 20

- 21), from chemical reference literature, or from additional sources acceptable to the board.

9VAC5

- 40

- 8610. Monitoring.
The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 8620. Notification, records, and reporting.
The provisions of 9VAC5

- 40

- 50 (Notification, records and reporting) apply.

9VAC5

- 40

- 8630. Registration.
The provisions of 9VAC5

- 20

- 160 (Registration) apply.

9VAC5

- 40

- 8640. Facility and control equipment
maintenance or malfunction.
The prov isions of 9VAC5

- 20

- 180 (Facility and control equipment maintenance or malfunction) apply.

9VAC5

- 40

- 8650. Permits.
A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5

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

- 80 (Permits for Stationary Sources) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.
1. Construction of a facility.

2. Reco nstruction (replacement of more than half) of a facility. 3. Modification (any physical change to equipment) of a facility.
4. Relocation of a facility.
5. Reactivation (re

- startup) of a facility.
6. Operation of a facility.

Article 58
Emission Standards for Miscellaneous Industrial Adhesive Application Processes in the Northern Virginia Volatile Organic Compound Emissions Control Area, 8

- hour Ozone

Standard (Rule 4

- 58)

9VAC5

- 40

- 8660. Applicability and designation of affected facility.
A. Except as provide d in subsection C of this section, the affected facility to which the provisions of this article apply is each miscellaneous industrial adhesive application process at a facility where the total actual volatile organic compound (VOC) emissions from all mis cellaneous industrial adhesive application processes, including related cleaning activities and related application of adhesive primers, are, before consideration of controls, either (i) equal to or exceed 6.8 kilograms per day (15 pounds per day) or (ii) [ 3 three ] tons per 12

- month rolling period.
B. The provisions of this article apply only to sources of VOCs located in the Northern Virginia VOC Emissions Control Area designated in 9VAC5

- 20

- 206 1 a.
C. The provisions of this article do not apply to the following.
1. Miscellaneous industrial adhesive application process operations subject to Article 6 (Rubber Tire Manufacturing Operations, 9VAC5

- 40

- 5810 et seq.), Article 26 (Large Appliance Coatings, 9VAC5

- 40

- 3560 et seq.), Article 28 (Automobile and Ligh t Duty Truck Coating Applications,
9VAC5

- 40

- 3860 et seq.), Article 30 (Metal Coil Coating Application Systems, 9VAC5

- 40

- 4160 et seq.), Article 31 (Paper and Fabric Coating Application Systems, 9VAC5

- 40

- 4310 et seq.) Article 33 (Metal Furniture Coating Appl ication Systems, 9VAC5

- 40

- 4610 et seq.), Article 35 (Flatwood Paneling Coating Application Systems, 9VAC5

- 40

- 4910 et seq.), Article 53 (Lithographic Printing Processes, 9VAC5

- 40

- 7800 et seq.), Article 56 (Letterpress Printing Operations, 9VAC5

- 40

- 8380 et s eq.), Article 56.1 (Lithographic Printing Operations, 9VAC5

- 40

- 8420 et seq.), and Article 57 (Industrial Solvent Cleaning Operations, 9VAC5

- 40

- 8510 et seq.) of 9VAC5

- 40 (Existing Stationary Sources).
2. Miscellaneous industrial adhesive application process operations associated with the following product categories or processes: aerospace coatings, flexible packaging printing materials, paper film and foil coating, and fiberglass boat manufacturing materials.
D. The provisions of Article 6 (Emission Standar ds for Adhesives and Sealants, 9VAC5

- 45

- 620 et seq.) of 9VAC5

- 45 (Consumer and Commercial Products) may apply. In the

# Regulations

Volume 32, Issue 7 Virginia Register of Regulations November 30, 2015

1186 case of a conflict between these articles, the more restrictive provisions shall apply.

9VAC5

- 40

- 8670. Definitions.
A. For the purpose of applying this article in the context of the regulations for the control and abatement of air pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section.
B. Unless otherwise required by context, all te rms not defined in this section shall have the meanings given them in
9VAC5

- 170 (Regulation for General Administration),
9VAC5

- 10 (General Definitions), or commonly ascribed to them by recognized authorities, in that order of priority.

C. Terms defined.

"A BS welding" means any process to weld acrylonitrile

butadiene

- styrene pipe.
"Adhesive" means any chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.
"Adhesive primer" means any product intende d by the manufacturer for application to a substrate, prior to the application of an adhesive, to provide a bonding surface.
"Aerosol adhesive or adhesive primer" means an adhesive or adhesive primer packaged as an aerosol product in which the spray mechan ism is permanently housed in a nonrefillable can designed for handheld application without the need for ancillary hoses or spray equipment.
"Aerospace coatings" means materials that are applied to the surface of an aerospace vehicle or component to form a decorative, protective, or functional solid film, or the solid film itself at a facility that produces, reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component.
"Application process" means a series of one or more adhesive applicators and any associated drying area or oven in which an adhesive is applied, dried, or cured. An application process ends at the point where the adhesive is dried or cured, or prior to any subsequent application of a
different adhesive. It is not necessary for an application process to have an oven or flash

- off area.
"Ceramic tile installation adhesive" means any adhesive intended by the manufacturer for use in the installation of
ceramic tiles.
"Chlorinated polyvinyl chloride plastic" or " CPVC plastic welding" means a polymer of the vinyl chloride monomer that contains 67% chlorine and is normally identified with a CPVC marking.
"Chlorinated polyvinyl chloride welding" or "CPVC welding" means an adhesive labeled for welding of chlorinated p olyvinyl chloride plastic.
"Cleaning activities" means activities other than surface preparation and priming that use cleaning materials to
remove adhesive residue or other unwanted materials from equipment related to application operations, as well as the cleaning of spray guns, transfer lines (such as tubing or piping), tanks, and the interior of spray booths.
"Contact adhesive" means an adhesive that (i) is designed for application to both surfaces to be bonded together, (ii) is allowed to dry before the two surfaces are placed in contact with each other, (iii) forms an immediate bond that is impossible, or difficult, to reposition after both adhesive

coated surfaces are placed in contact with each other, and (iv) does not need sustained pressure or clamp ing of
surfaces after the adhesive

- coated surfaces have been brought together using sufficient momentary pressure to
establish full contact between both surfaces. Contact
adhesive does not include rubber cements that are primarily intended for use on paper substrates or vulcanizing fluids that are designed and labeled for tire repair only.
"Cove base" means a flooring trim unit, generally made of vinyl or rubber, having a concave radius on one edge and a convex radius on the opposite edge that is used in fo rming a junction between the bottom wall course and the floor or
to form an inside corner.
"Cove base installation adhesive" means any adhesive intended by the manufacturer to be used for the installation
of cove base or wall base on a wall or vertical surface at
floor level.
"Cyanoacrylate adhesive" means any adhesive with a cyanoacrylate content of at least 95% by weight.
"Fiberglass boat manufacturing facility" means a facility that manufactures hulls or decks of boats from fiberglass or
builds molds to make fiberglass boat hulls or decks and does not include a facility that solely manufactures parts of boats (such as hatches, seats, or lockers) or boat trailers, that is, which does not also manufacture hulls or decks of boats from fiberglass or builds molds to make fiberglass
boat hulls or decks.
"Fiberglass boat manufacturing materials" means materials utilized at fiberglass boat manufacturing facilities to manufacture hulls or decks of boats from fiberglass, and parts of boats (such as hatches, seats , or lockers), or to build molds to make fiberglass boat hulls or decks.
"Flexible packaging printing materials" means materials used in the manufacture of any package or part of a package the shape of which can be readily changed. Flexible packaging inclu des, but is not limited to, bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any
combination of these materials.
"Flexible vinyl" means nonrigid polyvinyl chloride plastic with a 5.0% by weight plasticizer content.
"Indoor floor covering installation adhesive" means any adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl

# Regulations

Volume 32, Issue 7 Virginia Register of Regulations November 30, 2015

1187 tile, vinyl backed carpet, resilient sheet and roll, or

ar tificial grass. Adhesives used to install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a nonporous substrate, such as flexible vinyl, are excluded from this category.
"Industrial adhesives" means adhesives used for joining
surfa ces in assembly and construction of a large variety of products. Adhesives may be generally classified as solution/waterborne, solvent

- borne, solventless or solid (such as hot melt adhesives), pressure sensitive, hot

- melt, or reactive (such as epoxy adhesi ves and ultraviolet

curable adhesives). Adhesives may also be generally classified according to whether they are structural or nonstructural. Structural adhesives are commonly used in industrial assembly processes and are designed to maintain product struc tural integrity.
"Medical equipment manufacturing" means the manufacture of medical devices, such as, but not limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tubes, blood oxygenators, and cardiatory
reservoirs.

"Metal to uret hane/rubber molding or casting adhesive" means any adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials, in heater molding or casting processes, to fabricate products such as rollers for com puter printers or other paper handling equipment.
"Motor vehicle adhesive" means an adhesive, including glass bonding adhesive, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied for the purpose of bonding t wo vehicle surfaces together without regard to the substrates involved.
"Motor vehicle glass bonding primer" means a primer, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to windshield or other glass, o r to body openings, to prepare the glass or body opening for the application of glass bonding adhesives or the installation of adhesive bonded glass. Motor vehicle glass bonding primer includes glass bonding/cleaning primers that perform both functions (cl eaning and priming of the windshield or other glass, or body openings) prior to the application of adhesive or the installation of adhesive bonded glass.
"Motor vehicle weatherstrip adhesive" means an adhesive, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to weatherstripping materials for the purpose of bonding the weatherstrip
material to the surface of the vehicle.
"Multipurpose construction adhesive" means any adhesive intended by the manufacturer fo r use in the installation or repair of various construction materials, including but not limited to drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile, and acoustical tile. "Outdoor floor covering installation adhesive" means any

a dhesive intended by the manufacturer for use in the installation of floor covering that is not in an enclosure and that is exposed to ambient weather conditions during
normal use.
"Paper, film, and foil coating" means coating that is applied to paper, film , or foil surfaces in the manufacturing of several major product types for the following industry sectors: pressure sensitive tape and labels (including fabric coated for use in pressure sensitive tapes and labels); photographic film; industrial and decora tive laminates; abrasive products (including fabric coated for use in abrasive products); and flexible packaging (including coating of nonwoven polymer substrates for use in flexible packaging). Paper and film coating also includes coatings applied during miscellaneous coating operations for several products including: corrugated and solid fiber boxes; die

cut paper paperboard, and cardboard; converted paper and paperboard not elsewhere classified; folding paperboard boxes, including sanitary boxes; manifol d business forms and related products; plastic aseptic packaging; and carbon paper and inked ribbons.
"Perimeter bonded sheet flooring installation" means the installation of sheet flooring with vinyl backing onto a nonporous substrate using an adhesive de signed to be applied only to a strip of up to four inches wide around the perimeter of the sheet flooring.
"Plastic" means a synthetic material chemically formed by the polymerization of organic (carbon

- based) substances. Plastics are usually compounded wi th modifiers, extenders, and/or reinforcers and are capable of being molded, extruded, cast into various shapes and films or drawn into
filaments.
"Plastic solvent welding adhesive" means any adhesive intended by the manufacturer for use to dissolve the

s urface of plastic to form a bond between mating surfaces.
"Plastic solvent welding adhesive primer" means any primer intended by the manufacturer for use to prepare plastic substrates prior to bonding or welding.
"Polyvinyl chloride plastic" or "PVC" means a polymer of the chlorinated vinyl monomer that contains 57% chlorine.
"Polyvinyl chloride welding adhesive" or "PVC welding adhesive" means any adhesive intended by the manufacturer for use in the welding of PVC plastic pipe.

"Porous material" means a su bstance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged, including, but not limited to, paper and corrugated paperboard. For the purposes of this article, porous material does not include wood.

"Reactive adhesive" m eans adhesive systems composed, in part, of volatile monomers that react during the adhesive curing reaction, and, as a result, do not evolve from the film during use. These volatile components instead become

# Regulations

Volume 32, Issue 7 Virginia Register of Regulations November 30, 2015

1188 integral parts of the adhesive through chemical reaction. At least 70% of the liquid components of the system, excluding water, react during the process.
"Reinforced plastic composite" means a composite material consisting of plastic reinforced with fibers.
"Rubber" means any natural or manufactured rubber substrate, including but not limited to, styrene

- butadiene rubber, polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene, and ethylene propylene diene terpolymer.

"Sheet ru bber lining installation" means the process of applying sheet rubber liners by hand to metal or plastic substrates to protect the underlying substrate from corrosion or abrasion. These operations also include laminating sheet rubber to fabric by hand.

"Sin gle

- ply roof membrane" means a prefabricated single sheet of rubber, normally ethylene

- propylenediene terpolymer, that is field

- applied to a building roof using one layer of membrane material. For the purposes of this article, single

- ply roof membrane does not include membranes prefabricated from ethylene

- propylenediene monomer (EPDM).
"Single

- ply roof membrane adhesive primer" means any primer labeled for use to clean and promote adhesion of the single

- ply roof membrane seams or splices prior to bonding.
"Single

- ply roof membrane installation and repair adhesive" means any adhesive labeled for use in the installation or repair of single

- ply roof membrane. Installation includes, as a minimum, attaching the edge of the membrane to the edge of the roof and ap plying flashings to vents, pipes, and ducts that protrude through the membrane. Repair includes gluing the edges of torn membrane together, attaching a patch over a hole and reapplying flashings to vents, pipes, or ducts installed through the membrane.

"St ructural glazing" means a process that includes the application of adhesive to bond glass, ceramic, metal, stone, or composite panels to exterior building frames.
"Thin metal laminating adhesive" means any adhesive intended by the manufacturer for use in b onding multiple layers of metal to metal or metal to plastic in the production of electronic or magnetic components in which
the thickness of the bond line or lines is less than 0.25
mils.
"Tire repair" means a process that includes expanding a hole, tear, fissure, or blemish in a tire casing by grinding, gouging, or applying adhesive and filling the hole or
crevice with rubber.

"Undersea

- based weapons systems components" means the fabrication of parts, assembly of parts or completed units of any portion of a missile launching system used on undersea ships. "VOC" means volatile organic compound.
"Waterproof resorcinol glue" means a two

- part resorcinol

resin

- based adhesive designed for applications where the
bond line must be resistant to conditions of contin uous immersion in fresh or salt water.

9VAC5

- 40

- 8680. Standard for volatile organic compounds.
A. No owner or other person shall perform miscellaneous industrial adhesive application processes in excess of the following limits.
1. Facilities opting to meet specific emissions limits in lieu of the control efficiency in subdivision 2 of this subsection shall meet the applicable emissions limits in Table 4

- 58A.

TABLE 4

- 58A. VOC EMISSION LIMITS FOR
GENERAL AND SPECIALTY ADHESIVE
APPLICATION PROCESSES

General A dhesive Application Processes VOC Emission Limit

grams per liter (g/l) pounds per

gallon (lb/gal)

Reinforced plastic composite 200 1.7

Flexible vinyl 250 2.1

Metal 30 0.3

Porous material (except wood) 120 1.0

Rubber 250 2.1

Wood 30 0.3

Other substrates 250 2.1

Specialty Adhesive Application Processes VOC Emission Limit

(g/l) (lb/gal)

Ceramic tile installation
adhesive 130 1.1

Contact adhesive 250 2.1

Cove base installation
adhesive 150 1.3

Indoor floor covering
installation adhesive 150 1.3

Outdoor floor covering
installation adhesive 250 2.1

# Regulations

Volume 32, Issue 7 Virginia Register of Regulations November 30, 2015

1189 Perimeter bonded sheet floor covering installation 660 5.5

Metal to urethane/rubber molding or casting
adhesive 850 7.1

Motor vehicle adhesive 250 2.1

Motor vehicle weatherstrip adhesive 750 6.3

Multipurpose
construction 200 1.7

ABS welding adhesive 400 3.3

Plastic solvent welding (except ABS) adhesive 500 4.2

Sheet rubber lining
installation 850 7.1

Single

- ply roof
membrane installation and repair adhesive (except EPDM) 250 2.1

Structural glazing 100 0.8

Thin metal laminating
adhesive 780 6.5

Tire repair 100 0.8

Waterproof resorcinol glue 170 1.4

Adhesive Primer Application

Processes VOC Emission Limit

(g/l) (lb/gal)

Motor vehicle glass bonding primer 900 7.5

Plastic solvent welding adhesive primer 650 5.4

Single

- ply roof
membrane adhesive primer 250 2.1

Other adhesive primer 250 2.1

For the purposes of this table, emission limits are mass of VOC per volume of adhesive or adhesive primer excluding
water and exempt compounds, as applied.

a. The VOC content limits in Table 4

- 58A for adhesives applied to particular substrates shall apply as follows: (1) If an owner or other person uses an adhesive or sealant subject to a specific VOC content limit for such
adhesive or sealant in Table 4

- 58A, such specific limit is applicable rather than an adhesive

- to

- substrate limit.
(2) If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC content shall be the limit for such use.

b. The emission limits in Table 4

- 58A shall be met by averaging the VOC content of materials used on a single application process unit for each day (i.e., daily within

application process unit averaging). Cross

- application

process unit averaging (i.e., averaging across multiple application units) shall not be used to determine these
emission limits.

c. VOC content shall be determined as follows:
(1) For adhesives that are not reactive adhesives, VOC content shall be determined using Reference Method 24.
(2) For reactive adhesives, VOC content shall be determined using the procedure for reactive adhesives in Appendix A of subpart PPPP of 40 CFR Part 63.
(3) As an alternative to the methods in subdivisions (1) and (2) of this subdivisi on A 1 c, the manufacturer's formulation data may be used. If there is a disagreement
between manufacturer's formulation data and the results of a subsequent test, the test method results shall be used unless the facility can demonstrate to the board's

sat isfaction that the manufacturer's formulation data are

correct. 2. Facilities opting to meet a control efficiency in lieu of the specific emission limits in subdivision 1 of this subsection shall meet an overall control efficiency of 85%.
3. The following materials shall not be subject to the limits
and controls found in subdivisions 1 and 2 of this subsection but shall be subject to the work practices found
in subdivision B 3 of this section:
a. Adhesives or adhesive primers being tested or
evaluated in an y research and development, quality assurance, or analytical laboratory.
b. Adhesives or adhesive primers used in the assembly, repair, or manufacture of aerospace or undersea

- based
weapon systems. c. Adhesives or adhesive primers used in medical equipment manufacturing operations.
d. Cyanoacrylate adhesive application processes.
e. Application of aerosol adhesives and adhesive primers applied with a handheld, disposable can that is pressured and that dispenses an adhesive or adhesive primer by means of a p ropellant. Aerosol adhesives are regulated by VOC Emission Standards for Consumer Products, subpart C of 40 CFR Part 59. Aerosol adhesive primers are regulated as "primers" under VOC Emission

# Regulations

Volume 32, Issue 7 Virginia Register of Regulations November 30, 2015

1190 Standards for Aerosol Coatings, subpart E of 40 CFR
Part 59.

f. Processes using polyester bonding putties to assemble fiberglass parts at fiberglass boat manufacturing facilities and at other reinforced plastic composite manufacturing
facilities.
g. Processes using adhesives and adhesive primers that are supplied by th e manufacturer in containers with a net volume of 16 ounces or less, or a net weight of one pound or less.
h. Cleaning materials.
B. The owner of a facility subject to this article shall implement the following control options as applicable:
1. A facility using low

- VOC adhesives or adhesive primers shall use one of the following application methods:
a. Electrostatic spray;
b. HVLP spray;

c. Flow coat;
d. Roll coat or hand application, including nonspray application methods similar to hand or mechanically powered caulking gun, brush, or direct hand application;
e. Dip coat, including electrodeposition;
f. Airless spray;
g. Air

- assisted airless spray; or
h. Other adhesive application method capable of

ac hieving a transfer efficiency equivalent to or better than that achieved by HVLP spraying.
2. A facility with product performance requirements or other needs that dictate the use of higher

- VOC materials
than those that would meet the emission limits in Tab le 4

- 58A shall either (i) use add

- on control equipment with an overall control efficiency of 85% or (ii) use a combination
of adhesives and add

- on control equipment on an application process unit to meet the emission limits in
Table 4

- 58A. Add

- on devices m ay include oxidizers, adsorbers, absorbers, and concentrators.
3. The following work practices for the application of adhesives, adhesive primers, and process

- related waste materials, shall be used:

a. All VOC

- containing adhesives, adhesive primers, and

process

- related waste materials shall be stored in closed
containers.
b. Mixing and storage containers used for VOC

containing adhesives, adhesive primers, and process

related waste materials shall be kept closed at all times except when these materials ar e being deposited or
removed.
c. Spills of VOC

- containing adhesives, adhesive primers, and process

- related waste materials shall be minimized. d. VOC

- containing adhesives, adhesive primers, and

process

- related waste materials shall be conveyed from
one lo cation to another in closed containers or pipes.
4. The following work practices for cleaning activities
shall be used:

a. All VOC

- containing cleaning materials and used shop
towels shall be stored in closed containers.
b. Storage containers used for VOC

- c ontaining cleaning materials shall be kept closed at all times except when these materials are deposited or removed.
c. Spills of VOC

- containing cleaning materials shall be
minimized.

d. VOC

- containing cleaning materials shall be conveyed
from one location to another in closed containers or pipes.
e. VOC emissions from cleaning of application, storage, mixing, and conveying equipment shall be minimized by performing equipment cleaning without atomizing the cleaning solvent and by capturing all spent solven t in
closed containers.
5. The application of adhesives and adhesive primers applied with a handheld, disposable can that is pressured and that dispenses an adhesive or adhesive primer by means of a propellant shall not be subject to the application
method limits and controls found in subdivisions 1, 2, and 4 of this subsection but shall be subject to the work practices found in subdivisions 3 and 4 of this subsection.

9VAC5

- 40

- 8690. Standard for visible emissions.
The provisions of Article 1 (9VAC5

- 40

- 60 e t seq.) of Part II
of 9VAC5

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8700. Standard for fugitive dust/emissions.
The provisions of Article 1 (9VAC5

- 40

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

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8710. Standar d for odor.
The provisions of Article 2 (9VAC5

- 40

- 130 et seq.) of Part
II of 9VAC

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8720. Standard for toxic pollutants.
The provisions of Article 4 (9VAC5

- 60

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

- 60 (Hazardous A ir Pollutant Sources) apply.

9VAC5

- 40

- 8730. Compliance.
A. The provisions of 9VAC5

- 40

- 20 (Compliance) apply.

B. The emission standards in 9VAC5

- 40

- 4330 apply to coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Such averaging shall not exceed
24 hours.
C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of VOCs per gallon solids or pounds of VOCs per gallon

# Regulations

Volume 32, Issue 7 Virginia Register of Regulations November 30, 2015

1191 solids applied according to the applicable procedure in
9VAC5

- 20

- 121. Compliance may also be based on transfer efficiency greater th an the baseline transfer efficiency of
9VAC5

- 40

- 8680 B if demonstrated by methods acceptable to the board according to the applicable procedure in 9VAC5

- 20

- 121.

9VAC5

- 40

- 8740. Compliance schedule.
The owner shall comply with the provisions of this article as expeditiously as possible but in no case later than [ (insert date one year after the effective date of this article) February 1, 2017 ]

. 9VAC5

- 40

- 8750. Test methods and procedures.
The provisions of 9VAC5

- 40

- 30 (Emission testing) apply.

9VAC5

- 40

- 8760. Monitoring.
The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 8770. Notification, records, and reporting.
The provisions of 9VAC5

- 40

- 50 (Notification, records and reporting) apply.

9VAC5

- 40

- 8780. Registration.
The provisions of 9VAC5

- 20

- 160 (Regis tration) apply.

9VAC5

- 40

- 8790. Facility and control equipment
maintenance or malfunction.
The provisions of 9VAC5

- 20

- 180 (Facility and control equipment maintenance or malfunction) apply.

9VAC5

- 40

- 8800. Permits.
A permit may be required prior to beginning any of the activities specified in this section if the provisions of 9VAC5

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

- 80 (Permits for Stationary Sources) apply. Owners contemplating such action should review those provisions and contact the appropr iate regional office for guidance on whether those provisions apply.
1. Construction of a facility.
2. Reconstruction (replacement of more than half) of a facility.
3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facili ty.
5. Reactivation (re

- startup) of a facility.
6. Operation of a facility.

VA.R. Doc. No. R10

- 2124; Filed October 29, 2015, 11:48 a.m.



# 

––––––––––––––––––  TITLE 12. HEALTH

STATE BOARD OF HEALTH

Fast

- Track Regulation
Title of Regulation: 12VAC5

- 110. Regulations for the
Immunization of School Children (amending 12VAC5

- 110

- 10, 12VAC5

- 110

- 70, 12VAC5

- 110

- 80, 12VAC5

- 110

- 90).
Statutory Authority: §§ 22.1

- 271.2, 32.1

- 12, and 32.1

- 46 of the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.

Public Comment Deadline: December 30, 2015.

Effective Date: January 14, 2016.
Agency Contact: James Farrell, Director, Division of Immunization, Department of Health, 109 Governor Street, Richmond, VA 23219, telephone (804) 864

- 8055, or email james.farrell@vdh.virginia.gov.

Basis: Sections 22.1

- 271.2 and 32.1

- 46 of the Code of Virginia provide the State Board of Health with the authority to promulgate regulations regarding immunization of school
children.
Purpose: Regulations are necessary to ensure children are protected to the extent possible from vaccine

- preventable diseases and to protect indir ectly the health of all Virginians. Recent periodic review of existing regulations identified language that is unclear or should be modified to address technological changes.
Rationale for Using Fast

- Track Process: While some changes
are the result of comm ents received during the periodic review process, additional changes are suggested to clarify
issues that have been identified since the most recent amendments were enacted. None of the suggested changes will change any currently required immunizations or result in significant changes to current practice.

Substance: Amendments to the current regulations (i) update and clarify definitions; (ii) remove references to outdated versions of forms and ACIP schedules; (iii) clarify that a printout of an electronic record can be accepted without the signature of a nurse or physician; (iv) clarify that pneumococcal conjugate vaccine is not required for children enrolling in kindergarten; (v) clarify how long after the fourth birthday is allowable for those vaccines th at are required to be administered on or after the fourth birthday; (vi) add mumps to the list of diseases for which demonstration of immunity is acceptable; (vii) clarify that the certificate of religious exemption must be notarized; and (viii) update

res ponsibilities of admitting officials.

Issues: The primary advantages to the agency and the public are that current regulations ensure that children are appropriately protected to the extent possible from vaccine

preventable diseases. This also indirectly p rotects the health

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

782 1. The alcohol concentration of offset lithographic printing process fou ntain solution shall be monitored with a hydrometer, equipped with temperature correction or with readings adjusted for temperature, and recorded at least once per shift or once per batch, whichever is longer. A
standard solution shall be used to calibrate the hydrometer for the type of alcohol used in the fountain.
2. The temperature of refrigerated fountain solution shall be measured at the recirculating tank at least once per operating day.
3. The temperature of a catalytic or thermal oxidation
control d evice shall be monitored at least once every 15 minutes while the printing process is operating, and that temperature shall be recorded by an analog or digital recording device.
a. For a catalytic oxidizer, the dryer exhaust temperature upstream of the cat alyst bed shall be monitored and
recorded.

b. For a thermal oxidizer, the combustion chamber temperature of the oxidizer shall be monitored and
recorded.
4. Catalyst bed material in a catalytic oxidation control device shall be inspected annually for gener al catalyst condition and any signs of potential catalyst depletion. Sampling and evaluation of the catalyst bed material shall be conducted whenever the results of the inspection indicate signs of potential catalyst depletion or poor catalyst condition ba sed on manufacturer's recommendations, but not less than once per year.
5. If a heatset web offset lithographic printing process is interlocked to ensure that the control device is operating and airflow is present when the printing process is operating, th en periodic monitoring of dryer air flow is not required. If no interlock is present, then the printing process dryer air flow shall be verified and recorded once per operating day.

9VAC5

- 40

- 8450. Notification, records, and reporting.
The provisions of 9VAC5

- 40

- 50 (Notification, records, and reporting) apply.

9VAC5

- 40

- 8460. Registration.
The provisions of 9VAC5

- 20

- 160 (Registration) apply.

9VAC5

- 40

- 8470. Facility and control equipment
maintenance or malfunction.
The provisions of 9VAC5

- 20

- 180 (Facility a nd control equipment maintenance or malfunction) apply.

9VAC5

- 40

- 8480. Permits.
A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5

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

- 80 (Permits for Stationary Sources) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.
1. Construction of a facility.
2. Reconstruction (replacement of more tha n half) of a facility.
3. Modification (any physical change to equipment) of a facility.
4. Relocation of a facility.
5. Reactivation (re

- startup) of a facility.
6. Operation of a facility.

VA.R. Doc. No. R10

- 2126; Filed December 18, 2014, 8:00 a.m.

Prop osed Regulation
Title of Regulation: 9VAC5

- 40. Existing Stationary
Sources (Rev. D09) (adding 9VAC5

- 40

- 8510 through
9VAC5

- 40

- 8800).
Statutory Authority: § 10.1

- 1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.
Public Hearing Information:
February 26, 2015

- 11 a.m.

- Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbrid ge, VA 22193

Public Comment Deadline: March 13, 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, or email karen.sabastea nski@deq.virginia.gov.

Basis:
State Requirements.

Section 10.1

- 1308 of the Virginia Air Pollution Control Law (Chapter 13 of Title 10.1 of the Code of Virginia) gives the State Air Pollution Control Board the discretionary authority to promulgate regulations abating, controlling, and prohibiting air pollution throughout or in any part of the
Commonwealth. Section 10.1

- 1300 of the Code of Virginia defines air pollution as "t he presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interfere with the enjoyment by the people of life o r property."
These specific amendments are not required by state mandate.
Specific Federal Requirements.

Ground

- level ozone is an air pollutant that forms when volatile organic compounds (VOCs) and nitrogen oxides (NO X ) interact with sunlight. The nation al standard for ozone
measured over an 8

- hour period was promulgated by the U.S. Environmental Protection Agency (EPA) on July 18, 1997 (62 FR 38856), at a level of 0.08 parts per million (ppm).

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

783 Once EPA establishes a national standard for ozone, it must

t hen designate areas that do not attain the standard (nonattainment areas). In turn, states must develop plans (state implementation plans, or SIPs), including regulations,
which will enable nonattainment areas to attain and maintain
the standard.

40 CFR Pa rt 81 specifies the designations of areas made under § 107(d) of the federal Clean Air Act and the associated nonattainment classification under § 181 of the Act or 40 CFR 51.903(a). Virginia's designations are in 40 CFR 81.347. On April 30, 2004 (69 FR 23 858), EPA published designations for 0.08 ppm 8

- hour ozone nonattainment areas
and associated classifications.
On April 30, 2004 (69 FR 23951), EPA promulgated phase 1 of a final rule adding Subpart X to 40 CFR Part 51. Subpart X contains the provisions fo r the implementation of the 8

- hour ozone NAAQS, along with associated planning requirements. Specifically, 40 CFR 51.903(a) sets forth the classification
criteria and nonattainment dates for 8

- hour ozone nonattainment areas once they are designated as such under 40 CFR Part 81. The remainder of the planning requirements (phase 2) were published on November 29, 2005 (70 FR 71612).
In order to implement the control measures needed to attain and maintain the ozone air quality standard, Virginia has
established VOC and NO X emissions control areas. These areas were created to provide a legal mechanism for defining geographic areas in which to implement certain control
measures in the nonattainment areas. The emissions control areas may or may not coincide with th e nonattainment areas, depending on regional planning requirements.
Section 172(c)(1) of the Act provides that SIPs for nonattainment areas must include "reasonably available control measures" (RACM), including "reasonably available control techniques" (RA CT), for sources of emissions. Section 182(b)(2) provides that for certain nonattainment areas, states must revise their SIPs to include RACT for sources of VOC emissions covered by a control techniques guidelines document (CTG) issued after November 15, 1 990, and prior to the areas date of attainment.
Section 183(e) directs EPA to list for regulation those categories of products that account for at least 80% of the VOC emissions from commercial products in ozone
nonattainment areas. EPA issued such a list on March 23, 1995, and has revised the list periodically. RACT controls for listed source categories controlled by a CTG are known as
CTG RACTs. CTG RACTs have been issued for industrial solvent cleaning operations (October 5, 2006, 71 FR 58745)
and misce llaneous industrial adhesive application processes (July 14, 2008, 73 FR 40230). Therefore, states with moderate ozone nonattainment areas must implement these CTG RACTs as part of their attainment SIPs.
General Federal Requirements. Sections 109 (a) and ( b) of the federal Clean Air Act require EPA to prescribe primary and secondary air quality standards to protect public health and welfare. These standards are known as the National Ambient Air Quality Standards (NAAQS). Section 109 (c) requires EPA to pres cribe such standards simultaneously with the issuance of new air quality criteria for any additional air pollutant. The primary and secondary air quality criteria are authorized for promulgation under § 108.
Once the NAAQ S are promulgated pursuant to § 109

, § 107(d) sets out a process for designating those areas that are in compliance with the standards (attainment or unclassifiable) and those that are not (nonattainment). Governors make the initial recommendations, but EPA makes
the final decision. Section 107(d) also sets forth the process for redesignations once the nonattainment areas are in compliance with the applicable NAAQS.
Section 110(a) of the Act mandates that each state adopt and submit to EPA a plan that provides for the implementation,
mainten ance, and enforcement of each primary and secondary air quality standard within each air quality control region in the state. The state implementation plan (SIP) must include provisions to accomplish, among other tasks, the following:

1. Establish enforcea ble emission limitations and other control measures as necessary to comply with the Act;
2. Establish schedules for compliance;

3. Prohibit emissions that contribute to nonattainment of
the standards or interference with maintenance of the standards by any state; and
4. Require sources of air pollution to install, maintain, and replace monitoring equipment as necessary and to report periodically on emissions

- related data.

40 CFR Part 50 specifies the NAAQS for sulfur dioxide, particulate matter, carbon mono xide, ozone, nitrogen dioxide,
and lead.

40 CFR Part 51 sets out requirements for the preparation, adoption, and submittal of SIPs. These requirements mandate that any such plan must include certain provisions, including
those summarized below.
Subpart G ( Control Strategy) specifies the description of control measures and schedules for implementation, the description of emissions reductions estimates sufficient to attain and maintain the standards, time periods for demonstrations of the control strategy's a dequacy, an emissions inventory, an air quality data summary, data availability, special requirements for lead emissions, stack height provisions, and intermittent control systems.
Subpart K (Source Surveillance) specifies procedures for emissions reports and recordkeeping, procedures for testing, inspection, enforcement, and complaints, transportation control measures, and procedures for continuous emissions monitoring.

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

784 Subpart L (Legal Authority) specifies the requirements for legal authority to implement plans. Section 51.230 under Subpart L specifies that each SIP must show that the state has the legal authority to carry out the plan, including the authority to perform the following actions:
1. Adopt emission standards and limitations and any
other measu res necessary for the attainment and maintenance of the national ambient air quality standards;
2. Enforce applicable laws, regulations, and standards, and seek injunctive relief;
3. Abate pollutant emissions on an emergency basis to prevent substantial en dangerment to the health of

persons; 4. Prevent construction, modification, or operation of a facility, building, structure, or installation, or combination thereof, which directly or indirectly results or may result in emissions of any air pollutant at an y location which will prevent the attainment or maintenance of a national standard;
5. Obtain information necessary to determine whether air pollution sources comply with applicable laws, regulations, and standards, including authority to require
recordkee ping and to make inspections and conduct tests of air pollution sources;
6. Require owners or operators of stationary sources to install, maintain, and use emission monitoring devices and to make periodic reports to the state on the nature
and amounts of emissions from such stationary sources;
and
7. Make emissions data available to the public as reported and as correlated with any applicable emission
standards or limitations.
Section 51.231 under Subpart L requires the identification of legal authority: ( i) the provisions of law or regulation which the state determines provide the authorities required under this section must be specifically identified, and copies of such laws or regulations must be submitted with the plan; and (ii) the plan must show that the legal authorities specified in this subpart are available to the state at the time of submission of the plan.
Subpart N (Compliance Schedules) specifies legally enforceable compliance schedules, final compliance schedule dates, and conditions for exten sions beyond one year.

Part D describes how nonattainment areas are established, classified, and required to meet attainment. Subpart 1 provides the overall framework of what nonattainment plans are to contain, while Subpart 2 provides more detail on what is required of areas designated nonattainment for ozone.
Section 171 defines "reasonable further progress," "nonattainment area," "lowest achievable emission rate," and
"modification." Section 172(a) authorizes EPA to classify nonattainment areas for the p urpose of assigning attainment dates. Section 172(b) authorizes EPA to establish schedules for the submission of plans designed to achieve attainment by the specified dates. Section 172(c) specifies the provisions to be included in each attainment plan, as follows:
1. Implementation of all reasonably available control measures as expeditiously as practicable and provide for the attainment of the national ambient air quality standards;
2. Reasonable further progress;
3. A comprehensive, accurate, current inv entory of actual emissions from all sources of the relevant pollutants in the nonattainment area;
4. Identification and quantification of allowable
emissions from the construction and modification of new and modified major stationary sources in the

nonatta inment area;
5. A requirement for permits for the construction and operations of new and modified major stationary sources in the nonattainment area;

6. Inclusion of enforceable emission limitations and such other control measures (including economic incen tives such as fees, marketable permits, and auctions of emission rights) as well as schedules for compliance;
7. If applicable, the proposal of equivalent modeling, emission inventory, or planning procedures; and
8. Inclusion of specific contingency measur es to be
undertaken if the nonattainment area fails to make reasonable further progress or to attain the national ambient air quality standards by the attainment date.
Section 172(d) requires that attainment plans be revised if EPA finds inadequacies. Sect ion 172(e) authorizes the issuance of requirements for nonattainment areas in the event of a relaxation of any national ambient air quality standard. Such requirements must provide for controls that are not less stringent than the controls applicable to th ese same areas before such relaxation.
Section 107(d)(3)(D) provides that a state may petition EPA to redesignate a nonattainment area as attainment and EPA may approve the redesignation subject to certain criteria being met. Section 107(d)(3)(E) stipulate s one of these criteria, that EPA must fully approve a maintenance plan that meets the requirements of § 175A. According to § 175A(a), the maintenance plan must be part of a SIP submission, and must provide for maintenance of the NAAQS for at least 10

year s after the redesignation. The plan must contain any
additional measures needed to ensure maintenance. Section 175A(b) further requires that eight years after redesignation, a maintenance plan for the next 10 years must then be submitted. As stated in § 17 5A(c), nonattainment requirements continue to apply until the SIP submittal is approved. Finally, § 175A(d) requires that the maintenance

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

785 plan contain contingency provisions that will be implemented should the area fail to maintain the NAAQS as provided fo r in the original plan.
Under Part D, Subpart 2, § 181 sets forth the classifications
and nonattainment dates for 1

- hour ozone nonattainment areas once they are designated as such under § 107(d).
Section 182(a)(2)(A) requires that the existing regulatory

p rogram requiring reasonably available control technology (RACT) for stationary sources of VOCs in marginal nonattainment areas be corrected by May 15, 1991, to meet the minimum requirements in existence prior to the enactment
of the 1990 amendments. EPA ha s published control techniques guidelines (CTGs) for various types of sources, thereby defining the minimum acceptable control measure or RACT for a particular source type.
Section 182(b) requires stationary sources in moderate nonattainment areas to compl y with the requirements for sources in marginal nonattainment areas. The additional, more comprehensive control measures in § 182(b)(2)(A) require that each category of VOC sources employ RACT if the source is covered by a CTG document issued between

enact ment of the 1990 amendments and the attainment date for the nonattainment area. Section 182(b)(2)(B) requires that existing stationary sources emitting VOCs for which a CTG existed prior to adoption of the 1990 amendments also employ RACT.

40 CFR Part 81 s pecifies the designations of areas made under § 107(d) of the Act and the associated nonattainment classification (if any) under § 181 of the Act or 40 CFR 51.903(a), as applicable. Subpart X to 40 CFR Part 51 contains the provisions for the implementation of the 8

- hour ozone NAAQS, along with associated planning requirements. Specifically, 40 CFR 51.903(a) sets forth the classification
criteria and nonattainment dates for 8

- hour ozone nonattainment areas once they are designated.
Purpose: The purpose of th e proposed action is to adopt new standards for the control of volatile organic compound (VOC) emissions from (i) industrial solvent cleaning operations and (ii) miscellaneous industrial adhesive application processes within the Northern Virginia VOC Emiss ions Control Area. This action is being taken to allow Virginia to meet its obligation to implement control measures in areas designated as nonattainment under the 0.08 parts per million (ppm) 8

- hour ozone standard. It will contribute to the reduction of

o zone air pollution and thereby improve public health and
welfare.

Substance: Each proposed new article contains: (i) an applicability section that specifies the affected source population; (ii) definitions of terms used in the rule; (iii) a
standard for VO C emissions along with provisions for achieving the standard; and (iv) provisions for visible emissions, fugitive dust/emissions, odor, toxic pollutants, compliance, a compliance schedule, test methods and procedures, monitoring, registration, facility and control equipment maintenance or malfunction, permits and notification, records, and reporting.

Issues: The primary advantage to the general public is the reduction of VOC air pollution, which has a negative effect on public health and welfare. Regulated sources may realize cost savings through more effective application procedures and practices. There are no disadvantages to the public.
The primary advantages to the department are that the adoption of these regulations will allow Virginia to attain and

ma intain air quality standards and improve public health of Virginians. The primary disadvantage to the department is the potential for an increased compliance cost to administer the new regulations.
Department of Planning and Budget's Economic Impact Analys is:
Summary of the Proposed Amendments to Regulation. The State Air Pollution Control Board (Board) proposes to amend its existing air pollution regulations to add new standards for the control of volatile organic compound (VOC) emissions
from industrial s olvent cleaning operations and miscellaneous industrial adhesive application processes within the Northern Virginia VOC Emissions Control Area.
Result of Analysis. Because the Department of Environmental Quality (DEQ) does not know with any degree
of certa inty how many entities these regulatory changes will affect, there is likely insufficient information to decide if benefits outweigh costs.
Estimated Economic Impact. Currently, the Board's air pollution control regulations do not include rules for the control of volatile organic compound (VOC) emissions from industrial solvent cleaning operations and miscellaneous industrial adhesive applicat ion processes. The Board proposes to add rules that are partially new and partially taken from the already promulgated consumer products rules. For solvent cleaners, the parts of these rules that are completely new require businesses to 1) store cleaning m aterials and used shop towels in closed containers which are required to remain closed except when cleaners or towels are added or removed, 2) minimize spills of VOC containing cleaners, 3) move VOC containing cleaners from one place to another in closed

c ontainers or pipes and 4) clean equipment without atomizing the cleaners and capture all spent solvent in closed containers. For adhesives, the parts of these rules that are completely new require businesses to 1) store all VOC containing adhesives,
adhesi ve primers and process

- related waste materials in closed containers which are required to remain closed except when materials are being added or removed, 2) minimize spills of adhesives, adhesive primers and process

- related waste materials and 3) move thes e materials from one place to another in closed containers or pipes.
DEQ will incur costs associated with promulgating these new rules that include the cost of identifying and registering affected businesses. DEQ estimates that these costs will total
betwe en $12,144 and $48,576. Affected businesses may incur

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Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

786 costs for potentially more expensive low VOC products and, on rarer occasions, for control equipment. DEQ estimates that these costs would add to approximately $265 per ton of VOC
but believe that these costs will be partially or completely offset by savings that businesses will see on account of decreased evaporation of their cleaning or adhesive products. In any case, the Environmental Protection Agency (EPA) is requiring Virginia to promulgate these r egulations under threat of loss of highway funding so one of the benefits of this regulatory action will be the preservation of that highway funding.
Businesses and Entities Affected. DEQ reports that it is impossible to know how many businesses will be af fected by these regulations. Given that the products that will be regulated have many applications, there are likely numerous
businesses that will be affected. Because these rules will be new, many affected businesses will not have had to register with, or get a permit from, the Board before.
Localities Particularly Affected. Localities in the Northern Virginia non

- attainment area (the counties of Arlington, Fairfax, Loudon, Prince William and Stafford as well as the cities of Alexandria, Fairfax, Falls Chu rch, Manassas and Manassas Park) will be particularly affected by this proposed regulatory action.
Projected Impact on Employment. This regulatory action will likely have little impact on employment in the
Commonwealth.

Effects on the Use and Value of Priv ate Property. This regulatory action will likely have little effect on the use or value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Affected small businesses may incur costs from having to change the
solvent/adhesive products that they use or, in rare instances, from having to purchase control equipment. DEQ believes that these costs will be offset by savings that businesses will realize from losing less product to evaporation.

Small Businesses: Alternative Method tha t Minimizes Adverse Impact. There do not appear to be any alternate
methods that would both further minimize costs and achieve
the aims of the Board.
Real Estate Development Costs. This regulatory action will likely have no effect on real estate developmen t costs in the
Commonwealth.
Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2

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

- 4007.04 requires that such economic impact analyses include, but need not be limited to, 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 entiti es particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. F urther, if the proposed regulation has 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 regulation, 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 analysis prepared by the Department of Planning and Budget and has

no comment. Summary:
The proposed regulation requires owners to limit emissions of a ir pollution from industrial solvent cleaning operations and miscellaneous industrial adhesive application processes to the level necessary for the protection of public health and welfare and the attainment and maintenance of the air quality standards. The proposed regulation applies to sources within the Northern Virginia Volatile Organic Compound Emissions Control Area and establishes standards, control techniques, and provisions for determining compliance. The proposed regulation also includes provisions for visible emissions, fugitive dust, odor, toxic pollutants, compliance, test methods and procedures, monitoring, notification, registration, malfunctions, and permits.

Article 57 Emission Standards for Industrial Solvent Cleaning Operations in the North ern Virginia Volatile Organic Compound Emissions Control Area, 8

- hour Ozone Standard

(Rule 4

- 57)

9VAC5

- 40

- 8510. Applicability and designation of affected facility.
A. Except as provided in subsections C and D of this section, the affected facility to which the provisions of this article apply is each facility that uses organic solvent for cleaning unit operations such as mixing vessels (tanks), spray booths, and parts cleaners and that emits, before consideration of controls, at least 6.8 kilograms per day (15 pounds per day) of volatile organic compounds (VOCs). Such operations include, but are not limited to, spray gun cleaning, spray booth cleaning, large manufactured components cleaning, parts cleaning, equipment cleaning, line cleaning, floor cleaning, tank cleaning, and small manufactured components cleaning.

# Regulations

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787 B. The provisions of this article apply only to affected facilities located in the Northern Virginia VOC Emissions Control Area designated in subdivision 1 a of 9VAC5

- 20

- 206.
C. Exempted from the p rovisions of this article are solvent cleaning operations (i) for cleaning of electrical and electronic components; (ii) for cleaning of high precision optics and cleaning of cotton swabs to remove cottonseed oil before cleaning of high precision optics; ( iii) for cleaning of numismatic dies; (iv) for cleaning of resin, coating, ink, and adhesive mixing, molding, and application equipment; (v) in research and development laboratories; (vi) in manufacturing medical devices or pharmaceutical products; (vii) r elated to performance or quality assurance testing of coatings, inks, or
adhesives.
D. The provisions of this article do not apply to the following:
1. Surface preparation and solvent cleaning operations associated with the surface coating, application of adhesive, sealants and their primers or printing operations subject to Article 26 (Large Appliance Coatings, 9VAC5

- 40

- 3560 et seq.), Article 28 (Automobile and Light Duty Truck Coating Applications, 9VAC5

- 40

- 3860 et seq.), Article 33 (Metal Furniture Coati ng Application Systems,
9VAC5

- 40

- 4610 et seq.), Article 34 (Miscellaneous Metal Parts/Products Coating Application, 9VAC5

- 40

- 4760), Article 35 (Flatwood Paneling Coating Application Systems, 9VAC5

- 40

- 4910 et seq.), Article 53 (Lithographic Printing Process es, 9VAC5

- 40

- 7800 et seq.), Article 56 (Letterpress Printing Operations, 9VAC5

- 40

- 8380 et seq.), Article 56.1 (Lithographic Printing Operations, 9VAC5

- 40

- 8420 et seq.), Article 58 (Miscellaneous Industrial Adhesive Application Processes,
9VAC5

- 40

- 8660 et s eq.), and Article 59 (Miscellaneous Metal Parts and Products Coating Application Systems,
9VAC5

- 40

- 8810 et seq.) of 9VAC5

- 40 (Existing Stationary Sources).
2. The use of janitorial supplies used for cleaning offices, bathrooms, or other similar areas.

3. S tripping of cured inks, coatings, and adhesives.
4. Surface preparation and solvent cleaning operations associated with the surface coating, application of adhesive, sealants and their primers, or printing operations of the following product categories or processes: aerospace coatings, wood furniture coatings, shipbuilding and repair coatings, flexible packaging printing materials, paper film and foil coating, plastic parts coating, and fiberglass boat manufacturing materials.
5. Solvent metal cleaning oper ations subject to Article 47 (Emission Standards for Solvent Metal Cleaning Operations in the Northern Virginia Volatile Organic Compound Emissions Control Area, 9VAC5

- 40

- 6820 et seq.) of 9VAC5

- 40 (Existing Stationary Sources). 9VAC5

- 40

- 8520. Definitions.
A. For the purpose of applying this article in the context of the regulations for the control and abatement of air pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section.

B. Unless otherwise required by context, all terms not defined in this section shall have the meanings given them in
9VAC5

- 170 (Regulation for General Administration),
9VAC5

- 10 (General Definitions), or commonly ascribed to them by recognized authorities, in that order of pri ority.

C. Terms defined.
"Aerospace coatings" means materials that are applied to the surface of an aerospace vehicle or component to form a decorative, protective, or functional solid film, or the solid film itself at a facility that produces, reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component.
"Electrical and electronic components" means components and assemblies of components that generate, convert, transmit, or modify electrical energy. Electrical and
ele ctronic components include, but are not limited to, wires, windings, stators, rotors, magnets, contacts, relays, printed circuit boards, printed wire assemblies, wiring boards, integrated circuits, resistors, capacitors, and
transistors but does not includ e the cabinets in which electrical and electronic components are housed.
"Fiberglass boat manufacturing materials" means materials
utilized at facilities that manufacture hulls or decks of boats from fiberglass or build molds to make fiberglass
boat hulls or decks. Fiberglass boat manufacturing
materials are not materials used at facilities that manufacture solely parts of boats (such as hatches, seats, or lockers) or boat trailers, but do not (i) manufacture hulls or decks of boats from fiberglass or (ii) build molds to make fiberglass boat hulls or decks.
"Flexible packaging printing materials" means materials used in the manufacture of any package or part of a package the shape of which can be readily changed. Flexible packaging includes, but is not limit ed to, bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any
combination of these materials.
"High precision optics" means an optical element used in
an electro

- optical device and is desig ned to sense, detect, or transmit light energy, including specific wavelengths of light energy and changes in light energy levels.
"Industrial cleaning solvents" means products used to remove contaminants such as adhesives, inks, paint, dirt, soil, oil, an d grease from parts, products, tools, machinery, equipment, vessels, floors, walls, and other work production related work areas for reasons such as safety, operability, and to avoid product contamination. The cleaning solvents used in these operations may be

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

788 generally available bulk solvents that are used for a multitude of applications in addition to cleaning, such as for paint thinner, or as an ingredient used in the manufacture of a coating, such as paint.
"Medical device" means an instrument, apparatus

, implement, machine, contrivance, implant, in vitro reagent, or other similar article, including any component or accessory that is (i) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment, or prevention of diseases; or (ii) intended to affect the structure or any function of the body.
"Paper, film, and foil coating" means coating that is applied to paper, film, or foil surfaces in the manufacturing of several major product types for the following industry sectors: pressure sensitive tape and labels (including fabric coated for use in pressure sensitive tapes and labels); photographic film; industrial and decorative laminates; abrasive products (including fabric coated for use in abrasive products); and fle xible packaging (including coating of nonwoven polymer substrates for use in flexible packaging). Paper and film coating also includes coatings applied during miscellaneous coating operations for several products including: corrugated and solid fiber boxes ; die

cut paper paperboard, and cardboard; converted paper and paperboard not elsewhere classified; folding paperboard boxes, including sanitary boxes; manifold business forms and related products; plastic aseptic packaging; and carbon paper and inked ribb ons. "Pharmaceutical product" means a preparation or compound, which includes any drug, analgesic, decongestant, antihistamine, cough suppressant, vitamin, mineral or herb supplement intended for human or animal consumption and used to cure, mitigate or tr eat disease or improve or enhance health.
"Plastic parts coating" means a coating that is applied to the surfaces of a varied range of plastic parts and products. Such parts or products are constructed either entirely or partially from metal or plastic. Th ese parts include, but are not limited to, metal and plastic components of the following types of products as well as the products themselves: fabricated metal products, molded plastic parts, small and large farm machinery, commercial and
industrial machin ery and equipment, automotive or transportation equipment, interior or exterior automotive parts, construction equipment, motor vehicle accessories, bicycles and sporting goods, toys, recreational vehicles, pleasure craft (recreational boats), extruded alu minum structural components, railroad cars, heavier vehicles, lawn and garden equipment, business machines, laboratory and medical equipment, electronic equipment, steel drums, metal pipes, and numerous other industrial and household products.
"Shipbuildin g and repair coating" means material that can be applied as a thin layer to a substrate and which cures to form a continuous solid film, and is used in the building, repair, repainting, converting, or alteration of ships.
"Solvent cleaning operation" means the employment of industrial cleaning solvents to remove loosely held uncured adhesives, uncured inks, uncured coatings, and contaminants which include, but are not limited to, dirt, soil, and grease from parts, products, tools, machinery, equipment, and general work areas and includes but is not limited to activities such as wipe cleaning, solvent flushing, or spraying and each distinct method of cleaning in a cleaning process, which consists of a series of cleaning methods, constitute a separate solvent cleaning operation.
"Solvent flushing" means the use of a solvent to remove uncured adhesives, uncured inks, uncured coatings, or contaminants from the internal surfaces and passages of the equipment by flushing solvent through the equipment.
"Surface prep aration" means the cleaning of surfaces prior to coating, further treatment, sale, or intended use.
"VOC" means volatile organic compound.
"Wipe cleaning" means the method of cleaning a surface by physically rubbing it with a material such as a rag,

paper, sponge, or a cotton swab moistened with a solvent.
"Wood furniture coatings" means protective, decorative, or functional films applied in thin layers to a surface used in
the manufacture of wood furniture or wood furniture components. Such coatings includ e, but are not limited to, paints, topcoats, varnishes, sealers, stains, washcoats, basecoats, enamels, inks, and temporary protective coatings.

9VAC5

- 40

- 8530. Standard for volatile organic compounds.
A. No owner or other person shall cause or permit to b e discharged into the atmosphere any VOC emissions from any solvent cleaning operation employing industrial cleaning solvents in excess of both of the following limits:
1. A VOC content limit of 50 grams per liter (0.42 pounds per gallon) of industrial cl eaning solvent shall apply unless emissions are controlled by an emission control system with an overall control efficiency of at least 85%; and
2. A composite vapor pressure limit of 8 millimeters of mercury at 20°C.

B. VOC emissions from the use, handli ng, storage, and disposal of industrial cleaning solvents and shop towels shall be controlled by the following work practices:
1. Open containers and used applicators shall be covered.
2. Air circulation around cleaning operations shall be
minimized.

3. Us ed solvent and shop towels shall be disposed of properly.
4. Equipment practices that minimize emissions (including but not limited to keeping arts cleaners covered and

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

789 maintaining cleaning equipment to repair solvent leaks) shall be implemented.

9VAC5

- 40

- 8540. Standard for visible emissions.
The provisions of Article 1 (9VAC5

- 40

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

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8550. Standard for fugitive dust/emissions.
The provisions of Article 1 (9VAC5

- 40

- 60 et se q.) of Part II
of 9VAC5

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8560. Standard for odor.
The provisions of Article 2 (9VAC5

- 40

- 130 et seq.) of Part
II of 9VAC

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8570. Standard for toxic pollutants.

T he provisions of Article 4 (9VAC5

- 60

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

- 60 (Hazardous Air Pollutant Sources) apply.

9VAC5

- 40

- 8580. Compliance.
The provisions of 9VAC5

- 40

- 20 (Compliance) apply.

9VAC5

- 40

- 8590. Compliance schedule.
The owner shall comply with t he provisions of this article as expeditiously as possible but in no case later than (insert date one year after the effective date of this article).

9VAC5

- 40

- 8600. Test methods and procedures.
A. The provisions of 9VAC5

- 40

- 30 (Emission testing) apply.

B. The composite vapor pressure of organic compounds in cleaning materials shall be determined by quantifying the amount of each compound in the blend using ASTM "Standard Practice for Packed Column Gas Chromatography" for organics and ASTM "Standard Test Met hod for Water Content of Coatings by Direct Injection Into a Gas Chromatograph" for water content (see 9VAC5

- 20

- 21), as applicable, and the following equation:

where:
Ppc = VOC composite partial pressure at 20oC, in mm Hg.
Wi = Weight of the "i"th VOC compound, in grams, as determined by

ASTM "Standard Practice for Packed Column Gas Chromatography" (see 9VAC5

- 20

- 21).
Ww = Weight of water, in grams as determined by ASTM
"Standard Test
Method for Water Content of Coatings by Direct Injection
Into a Gas C hromatograph"
(see 9VAC5

- 20

- 21). We = Weight of the "i"th exempt compound, in grams, as determined by

ASTM "Standard Practice for Packed Column Gas Chromatography" (see 9VAC5

- 20

- 21).
Mwi = Molecular weight of the "i"th VOC compound, in

grams per g

- mole,

as given in chemical reference literature.
Mww = Molecular weight of water, 18 grams per g

- mole.
Mwe = Molecular weight of the "i"th exempt compound, in grams per gmole,
as given in chemical reference literature.
VPi = Vapor pressure of the "i"th VOC compound at 20oC, in mm Hg, as determined by subsection C of this section.
C. The vapor pressure of each single component compound may be determined from ASTM "Standard Test Method for Vapor Pressure

- Temperature Relationship and Initial Decomposition Tempe rature of Liquids by Isoteniscope" (see
9VAC5

- 20

- 21), from chemical reference literature, or from additional sources acceptable to the board.

9VAC5

- 40

- 8610. Monitoring.
The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 8620. Notification, records , and reporting.
The provisions of 9VAC5

- 40

- 50 (Notification, records and reporting) apply.

9VAC5

- 40

- 8630. Registration.
The provisions of 9VAC5

- 20

- 160 (Registration) apply.

9VAC5

- 40

- 8640. Facility and control equipment
maintenance or malfunction.
The pro visions of 9VAC5

- 20

- 180 (Facility and control equipment maintenance or malfunction) apply.

9VAC5

- 40

- 8650. Permits.
A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5

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

- 80 (Permits for Stationary Sources) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.
1. Construction of a facility.

2. Rec onstruction (replacement of more than half) of a facility.
3. Modification (any physical change to equipment) of a facility.
4. Relocation of a facility.
5. Reactivation (re

- startup) of a facility.
6. Operation of a facility.

Article 58
Emission Standards for Miscellaneous Industrial Adhesive Application Processes in the Northern Virginia Volatile

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Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

790 Organic Compound Emissions Control Area, 8

- hour Ozone

Standard (Rule 4

- 58)

9VAC5

- 40

- 8660. Applicability and designation of affected facility.
A. Except as provide d in subsection C of this section, the affected facility to which the provisions of this article apply is each miscellaneous industrial adhesive application process at a facility where the total actual volatile organic compound (VOC) emissions from all mis cellaneous industrial adhesive application processes, including related cleaning activities and related application of adhesive primers, are, before consideration of controls, either (i) equal to or exceed 6.8 kilograms per day (15 pounds per day) or (ii) 3 tons per 12

- month rolling period.
B. The provisions of this article apply only to sources of VOCs located in the Northern Virginia VOC Emissions Control Area designated in 9VAC5

- 20

- 206 1 a.
C. The provisions of this article do not apply to the following.
1. Miscellaneous industrial adhesive application process operations subject to Article 6 (Rubber Tire Manufacturing Operations, 9VAC5

- 40

- 5810 et seq.), Article 26 (Large Appliance Coatings, 9VAC5

- 40

- 3560 et seq.), Article 28 (Automobile and Light Duty Tru ck Coating Applications,
9VAC5

- 40

- 3860 et seq.), Article 30 (Metal Coil Coating Application Systems, 9VAC5

- 40

- 4160 et seq.), Article 31 Paper and Fabric Coating Application Systems, 9VAC5

- 40

- 4310 et seq.) Article 33 (Metal Furniture Coating Application Sys tems, 9VAC5

- 40

- 4610 et seq.), Article 35 (Flatwood Paneling Coating Application Systems, 9VAC5

- 40

- 4910 et seq.), Article 53 (Lithographic Printing Processes, 9VAC5

- 40

- 7800 et seq.), Article 56 (Letterpress Printing Operations, 9VAC5

- 40

- 8380 et seq.),
Artic le 56.1 (Lithographic Printing Operations, 9VAC5

- 40

- 8420 et seq.), and Article 57 (Industrial Solvent Cleaning Operations, 9VAC5

- 40

- 8510 et seq.), of 9VAC5

- 40 (Existing Stationary Sources).
2. Miscellaneous industrial adhesive application process operations associated with the following product categories or processes: aerospace coatings, flexible packaging printing materials, paper film and foil coating, and fiberglass boat manufacturing materials.
D. The provisions of Article 6 (Emission Standard s for Adhesives and Sealants, (9VAC5

- 45

- 620 et seq.) of 9VAC5

- 45 (Consumer and Commercial Products) may apply. In the case of a conflict between these articles, the more restrictive provisions shall apply.

9VAC5

- 40

- 8670. Definitions.
A. For the purpose of applying this article in the context of the regulations for the control and abatement of air pollution and related uses, the words or terms shall have the meanings given them in subsection C of this section. B. Unless otherwise required by context, all te rms not defined in this section shall have the meanings given them in
9VAC5

- 170 (Regulation for General Administration),
9VAC5

- 10 (General Definitions), or commonly ascribed to them by recognized authorities, in that order of priority.

C. Terms defined.
"ABS welding" means any process to weld acrylonitrile

butadiene

- styrene pipe.
"Adhesive" means any chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.
"Adhesive primer" means any product inten ded by the manufacturer for application to a substrate, prior to the application of an adhesive, to provide a bonding surface.
"Aerosol adhesive or adhesive primer" means an adhesive or adhesive primer packaged as an aerosol product in which the spray mech anism is permanently housed in a nonrefillable can designed for handheld application without the need for ancillary hoses or spray equipment.
"Aerospace coatings" means materials that are applied to the surface of an aerospace vehicle or component to form a decorative, protective, or functional solid film, or the solid film itself at a facility that produces, reworks, or repairs in any amount any commercial, civil, or military aerospace vehicle or component.
"Application process" means a series of one or mo re adhesive applicators and any associated drying area or oven in which an adhesive is applied, dried, or cured. An application process ends at the point where the adhesive is dried or cured, or prior to any subsequent application of a
different adhesive. It is not necessary for an application process to have an oven or flash

- off area.
"Ceramic tile installation adhesive" means any adhesive intended by the manufacturer for use in the installation of
ceramic tiles.
"Chlorinated polyvinyl chloride plastic" or "CPVC plastic welding" means a polymer of the vinyl chloride monomer that contains 67% chlorine and is normally identified with a CPVC marking.
"Chlorinated polyvinyl chloride welding" or "CPVC welding" means an adhesive labeled for welding of
chlorinated polyvinyl chloride plastic.
"Cleaning activities" means activities other than surface preparation and priming that use cleaning materials to
remove adhesive residue or other unwanted materials from equipment related to application operations, as well as t he cleaning of spray guns, transfer lines (such as tubing or piping), tanks, and the interior of spray booths.
"Contact adhesive" means an adhesive that (i) is designed for application to both surfaces to be bonded together, (ii) is allowed to dry before t he two surfaces are placed in contact with each other, (iii) forms an immediate bond that

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

791 is impossible, or difficult, to reposition after both adhesive

coated surfaces are placed in contact with each other, and (iv) does not need sustained pressure or cla mping of
surfaces after the adhesive

- coated surfaces have been brought together using sufficient momentary pressure to
establish full contact between both surfaces. Contact
adhesive does not include rubber cements that are primarily intended for use on pap er substrates or vulcanizing fluids that are designed and labeled for tire repair only.
"Cove base" means a flooring trim unit, generally made of vinyl or rubber, having a concave radius on one edge and a convex radius on the opposite edge that is used in forming a junction between the bottom wall course and the floor or
to form an inside corner.
"Cove base installation adhesive" means any adhesive intended by the manufacturer to be used for the installation
of cove base or wall base on a wall or vertical s urface at
floor level.
"Cyanoacrylate adhesive" means any adhesive with a cyanoacrylate content of at least 95% by weight.
"Fiberglass boat manufacturing facility" means a facility that manufactures hulls or decks of boats from fiberglass or
builds molds t o make fiberglass boat hulls or decks and does not include a facility that solely manufactures parts of boats (such as hatches, seats, or lockers) or boat trailers, that is, which does not also manufacture hulls or decks of boats from fiberglass or builds molds to make fiberglass
boat hulls or decks.
"Fiberglass boat manufacturing materials" means materials utilized at fiberglass boat manufacturing facilities to manufacture hulls or decks of boats from fiberglass, and parts of boats (such as hatches, seats, or lockers), or to build molds to make fiberglass boat hulls or decks.
"Flexible packaging printing materials" means materials used in the manufacture of any package or part of a package the shape of which can be readily changed. Flexible packaging includ es, but is not limited to, bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any
combination of these materials.
"Flexible vinyl" means nonrigid polyvinyl chloride plastic with a 5.0% by w eight plasticizer content.
"Indoor floor covering installation adhesive" means any adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl backed carpet, resilient sheet and roll, or

art ificial grass. Adhesives used to install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a nonporous substrate, such as flexible vinyl, are excluded from this category.
"Industrial adhesives" means adhesives used for joining
surfac es in assembly and construction of a large variety of products. Adhesives may be generally classified as solution/waterborne, solvent

- borne, solventless or solid (such as hot melt adhesives), pressure sensitive, hot

- melt, or reactive (such as epoxy adhesiv es and ultraviolet

curable adhesives). Adhesives may also be generally classified according to whether they are structural or nonstructural. Structural adhesives are commonly used in industrial assembly processes and are designed to maintain product struct ural integrity.
"Medical equipment manufacturing" means the manufacture of medical devices, such as, but not limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tubes, blood oxygenators, and cardiatory
reservoirs.

"Metal to ureth ane/rubber molding or casting adhesive" means any adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials, in heater molding or casting processes, to fabricate products such as rollers for comp uter printers or other paper handling equipment.
"Motor vehicle adhesive" means an adhesive, including glass bonding adhesive, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied for the purpose of bonding two vehicle surfaces together without regard to the substrates involved.
"Motor vehicle glass bonding primer" means a primer, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass bonding adhesives or the installation of adhesive bonded glass. Motor vehicle glass bonding primer includes glass bonding/cleaning primers that perform both functions (c leaning and priming of the windshield or other glass, or body openings) prior to the application of adhesive or the installation of adhesive bonded glass.
"Motor vehicle weatherstrip adhesive" means an adhesive, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to weatherstripping materials for the purpose of bonding the weatherstrip
material to the surface of the vehicle.
"Multipurpose construction adhesive" means any adhesive intended by the manufacturer f or use in the installation or repair of various construction materials, including but not limited to drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile, and acoustical tile.
"Outdoor floor covering installation adhesive" means any adhesive intended by the manufacturer for use in the installation of floor covering that is not in an enclosure and that is exposed to ambient weather conditions during
normal use.
"Paper, film, and foil coating" means coating that is applied to paper, fil m, or foil surfaces in the manufacturing

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

792 of several major product types for the following industry sectors: pressure sensitive tape and labels (including fabric coated for use in pressure sensitive tapes and labels); photographic film; industrial and decor ative laminates; abrasive products (including fabric coated for use in abrasive products); and flexible packaging (including coating of nonwoven polymer substrates for use in flexible packaging). Paper and film coating also includes coatings applied during miscellaneous coating operations for several products including: corrugated and solid fiber boxes; die

cut paper paperboard, and cardboard; converted paper and paperboard not elsewhere classified; folding paperboard boxes, including sanitary boxes; manifo ld business forms and related products; plastic aseptic packaging; and carbon paper and inked ribbons.
"Perimeter bonded sheet flooring installation" means the installation of sheet flooring with vinyl backing onto a nonporous substrate using an adhesive d esigned to be applied only to a strip of up to four inches wide around the perimeter of the sheet flooring.
"Plastic" means a synthetic material chemically formed by the polymerization of organic (carbon

- based) substances. Plastics are usually compounded w ith modifiers, extenders, and/or reinforcers and are capable of being molded, extruded, cast into various shapes and films or drawn into
filaments.
"Plastic solvent welding adhesive" means any adhesive intended by the manufacturer for use to dissolve the surface of plastic to form a bond between mating surfaces.
"Plastic solvent welding adhesive primer" means any primer intended by the manufacturer for use to prepare plastic substrates prior to bonding or welding.
"Polyvinyl chloride plastic" or "PVC" mean s a polymer of the chlorinated vinyl monomer that contains 57% chlorine.
"Polyvinyl chloride welding adhesive" or "PVC welding adhesive" means any adhesive intended by the manufacturer for use in the welding of PVC plastic pipe.

"Porous material" means a s ubstance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged, including, but not limited to, paper and corrugated paperboard. For the purposes of this article, porous material does not include wood.

"Reactive adhesive" means adhesive systems composed, in part, of volatile monomers that react during the adhesive curing reaction, and, as a result, do not evolve from the film during use. These volatile components instead become integral parts of the adhesive through chemica l reaction. At least 70% of the liquid components of the system, excluding water, react during the process.
"Reinforced plastic composite" means a composite material consisting of plastic reinforced with fibers.
"Rubber" means any natural or manufactured r ubber substrate, including but not limited to, styrene

- butadiene rubber, polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene, and ethylene propylene diene terpolymer.
"Sheet rubber lining installation" means the process of applying sheet rubber liners by hand to metal or plastic substrates to protect the underlying substrate from corrosion or abrasion. These operations also include laminating sheet rubber to fabric by hand.
"Single

- ply roof membrane" means a prefabricated single sheet of rubber, normally ethylene

- propylenediene terpolymer, that is field

- applied to a building roof using one layer of membrane material. For the purposes of this article, single

- ply roof membrane does not include membranes prefabricated from et hylene

- propylenediene monomer (EPDM).
"Single

- ply roof membrane adhesive primer" means any primer labeled for use to clean and promote adhesion of the single

- ply roof membrane seams or splices prior to bonding.
"Single

- ply roof membrane installation and re pair adhesive" means any adhesive labeled for use in the installation or repair of single

- ply roof membrane. Installation includes, as a minimum, attaching the edge of the membrane to the edge of the roof and applying flashings to vents, pipes, and ducts t hat protrude through the membrane. Repair includes gluing the edges of torn membrane together, attaching a patch over a hole and reapplying flashings to vents, pipes, or ducts installed through the membrane.
"Structural glazing" means a process that includ es the application of adhesive to bond glass, ceramic, metal, stone, or composite panels to exterior building frames.
"Thin metal laminating adhesive" means any adhesive intended by the manufacturer for use in bonding multiple layers of metal to metal or m etal to plastic in the production of electronic or magnetic components in which
the thickness of the bond line or lines is less than 0.25
mils.
"Tire repair" means a process that includes expanding a hole, tear, fissure, or blemish in a tire casing by grin ding, gouging, or applying adhesive and filling the hole or
crevice with rubber.

"Undersea

- based weapons systems components" means the fabrication of parts, assembly of parts or completed units of any portion of a missile launching system used on
undersea ships.
"VOC" means volatile organic compound.
"Waterproof resorcinol glue" means a two

- part resorcinol

resin

- based adhesive designed for applications where the
bond line must be resistant to conditions of continuous
immersion in fresh or salt water.

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

793 9VAC5

- 40

- 8680. Standard for volatile organic compounds.
A. No owner or other person shall perform miscellaneous industrial adhesive application processes in excess of the following limits.
1. Facilities opting to meet specific emissions limits in lieu
of the control efficiency in subdivision 2 of this subsection shall meet the applicable emissions limits in Table 4

- 58A.

TABLE 4

- 58A. VOC EMISSION LIMITS FOR
GENERAL AND SPECIALTY ADHESIVE
APPLICATION PROCESSES

General Adhesive Application Processes VOC Emiss ion Limit

grams per liter (g/l) pounds per

gallon (lb/gal)

Reinforced plastic composite 200 1.7

Flexible vinyl 250 2.1

Metal 30 0.3

Porous material (except wood) 120 1.0

Rubber 250 2.1

Wood 30 0.3

Other substrates 250 2.1

Specialty Adhesive Application Processes VOC Emission Limit

(g/l) (lb/gal)

Ceramic tile installation
adhesive 130 1.1

Contact adhesive 250 2.1

Cove base installation
adhesive 150 1.3

Indoor floor covering
installation adhesive 150 1.3

Outdoor floor covering
installation adhesive 250 2.1

Perimeter bonded sheet floor covering installation 660 5.5

Metal to urethane/rubber molding or casting
adhesive 850 7.1

Motor vehicle adhesive 250 2.1

Motor vehicle weatherstrip 750 6.3 adhesive

Multipurpose construction 200 1.7

ABS welding adhesive 400 3.3

Plastic solvent welding (except ABS) adhesive 500 4.2

Sheet rubber lining
installation 850 7.1

Single

- ply roof membrane installation and repair adhesive (except EPDM) 250 2.1

Structural glazing 100 0.8

Thin metal laminating
adhesive 780 6.5

Tire repair 100 0.8

Waterproof resorcinol glue 170 1.4

Adhesive Primer Application Processes VOC Emission Limit

(g/l) (lb/gal)

Motor vehicle glass bonding primer 900 7.5

Plastic solvent welding adhesive primer 650 5.4

Single

- ply roof membrane adhesive primer 250 2.1

Other adhesive primer 250 2.1

For the purposes of this table, emission limits are mass of VOC per volume of adhesive or adhesive primer excluding water and exempt compounds, as applied.

a. The VOC content limits in Table 4

- 58A for adhesives applied to particular substrates shall apply as follows:
(1) If an owner or other person uses an adhesive or sealant subject to a specific VOC content limit for such
adhesive or sealant in Table 4

- 58A, such speci fic limit is applicable rather than an adhesive

- to

- substrate limit.
(2) If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC content shall be the limit for such use.

b. The emission limits in Table 4

- 58A shall be met by averaging the VOC content of materials used on a single application process unit for each day (i.e., daily within

application process unit averaging). Cross

- application process unit averaging (i.e., averaging across multiple

a pplication units) shall not be used to determine these
emission limits.

c. VOC content shall be determined as follows:

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

794 (1) For adhesives that are not reactive adhesives, VOC content shall be determined using Reference Method 24.
(2) For reactive adhesives, VOC content shall be determined using the procedure for reactive adhesives in Appendix A of subpart PPPP of 40 CFR Part 63.
(3) As an alternative to the methods in subdivisions (1) and (2) of this subdivision A 1 c, the manufacturer's formulation data may be used. If there is a disagreement
between manufacturer's formulation data and the results of a subsequent test, the test method results shall be used unless the facility can demonstrate to the board's
satisfaction that the manufacturer's formulation dat a are

correct. 2. Facilities opting to meet a control efficiency in lieu of the specific emission limits in subdivision 1 of this subsection shall meet an overall control efficiency of 85%.
3. The following materials shall not be subject to the limits
and controls found in subdivisions 1 and 2 of this subsection but shall be subject to the work practices found
in subdivision B 3 of this section:
a. Adhesives or adhesive primers being tested or evaluated in any research and development, quality

assurance, or analytical laboratory.
b. Adhesives or adhesive primers used in the assembly, repair, or manufacture of aerospace or undersea

- based
weapon systems. c. Adhesives or adhesive primers used in medical equipment manufacturing operations.
d. Cyanoacrylate adhes ive application processes.
e. Application of aerosol adhesives and adhesive primers applied with a handheld, disposable can that is pressured and that dispenses an adhesive or adhesive primer by means of a propellant. Aerosol adhesives are regulated by VOC Emission Standards for Consumer Products, subpart C of 40 CFR Part 59. Aerosol adhesive primers are regulated as "primers" under VOC Emission Standards for Aerosol Coatings, subpart E of 40 CFR
Part 59.
f. Processes using polyester bonding putties to asse mble fiberglass parts at fiberglass boat manufacturing facilities and at other reinforced plastic composite manufacturing
facilities.
g. Processes using adhesives and adhesive primers that are supplied by the manufacturer in containers with a net
volume of 16 ounces or less, or a net weight of one pound or less.
h. Cleaning materials.
B. The owner of a facility subject to this article shall implement the following control options as applicable:
1. A facility using low

- VOC adhesives or adhesive primers
shall use one of the following application methods:
a. Electrostatic spray; b. HVLP spray;

c. Flow coat;
d. Roll coat or hand application, including nonspray application methods similar to hand or mechanically powered caulking gun, brush, or direct hand applica tion;
e. Dip coat, including electrodeposition;
f. Airless spray;
g. Air

- assisted airless spray; or
h. Other adhesive application method capable of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spraying.
2. A facility with product performance requirements or other needs that dictate the use of higher

- VOC materials
than those that would meet the emission limits in Table 4

- 58A shall either (i) use add

- on control equipment with an overall control efficiency of 85% or (ii) use a combination
of adhesives and add

- on control equipment on an application process unit to meet the emission limits in
Table 4

- 58A. Add

- on devices may include oxidizers, adsorbers, absorbers, and concentrators.
3. The following work practices for the a pplication of adhesives, adhesive primers, and process

- related waste materials, shall be used:

a. All VOC

- containing adhesives, adhesive primers, and

process

- related waste materials shall be stored in closed
containers.
b. Mixing and storage containers use d for VOC

containing adhesives, adhesive primers, and process

related waste materials shall be kept closed at all times except when these materials are being deposited or
removed.
c. Spills of VOC

- containing adhesives, adhesive primers, and process

- related waste materials shall be minimized.

d. VOC

- containing adhesives, adhesive primers, and

process

- related waste materials shall be conveyed from one location to another in closed containers or pipes.
4. The following work practices for cleaning activities

s hall be used:

a. All VOC

- containing cleaning materials and used shop
towels shall be stored in closed containers.
b. Storage containers used for VOC

- containing cleaning materials shall be kept closed at all times except when these materials are deposited or removed.
c. Spills of VOC

- containing cleaning materials shall be
minimized.

d. VOC

- containing cleaning materials shall be conveyed
from one location to another in closed containers or pipes.
e. VOC emissions from cleaning of application, storage,
mixin g, and conveying equipment shall be minimized by performing equipment cleaning without atomizing the

# Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

795 cleaning solvent and by capturing all spent solvent in
closed containers.
5. The application of adhesives and adhesive primers applied with a handheld, dis posable can that is pressured and that dispenses an adhesive or adhesive primer by means of a propellant shall not be subject to the application method limits and controls found in subdivisions 1, 2, and 4 of this subsection but shall be subject to the wor k practices found in subdivisions 3 and 4 of this subsection.

9VAC5

- 40

- 8690. Standard for visible emissions.
The provisions of Article 1 (9VAC5

- 40

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

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8700. Standard for fugitive dust/emissions.
The provisions of Article 1 (9VAC5

- 40

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

- 40 (Existing Stationary Sources) apply.

9VAC5

- 40

- 8710. Standard for odor.
The provisions of Article 2 (9VAC5

- 40

- 130 et seq.) of Part
II of 9VAC

- 40 (Existing Stationar y Sources) apply.

9VAC5

- 40

- 8720. Standard for toxic pollutants.
The provisions of Article 4 (9VAC5

- 60

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

- 60 (Hazardous Air Pollutant Sources) apply.

9VAC5

- 40

- 8730. Compliance.
A. The provisions of 9VAC5

- 40

- 20 (Compliance) app ly.

B. The emission standards in 9VAC5

- 40

- 4330 apply to coating by coating or to the volume weighted average of coatings where the coatings are used on a single coating application system and the coatings are the same type or perform the same function. Suc h averaging shall not exceed
24 hours.
C. Compliance determinations for control technologies not based on compliant coatings (i.e., coating formulation alone) shall be based on the applicable standard in terms of pounds of VOCs per gallon solids or pounds of VOCs per gallon solids applied according to the applicable procedure in
9VAC5

- 20

- 121. Compliance may also be based on transfer efficiency greater than the baseline transfer efficiency of
9VAC5

- 40

- 8680 B if demonstrated by methods acceptable to
the board according to the applicable procedure in 9VAC5

- 20

- 121.

9VAC5

- 40

- 8740. Compliance schedule.
The owner shall comply with the provisions of this article as expeditiously as possible but in no case later than (insert date one year after the effective date of this article).

9VAC5

- 40

- 8750. Test methods and procedures.
The provisions of 9VAC5

- 40

- 30 (Emission testing) apply.

9VAC5

- 40

- 8760. Monitoring.
The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 8770. Notification, records, and reporting.
The provis ions of 9VAC5

- 40

- 50 (Notification, records and reporting) apply. 9VAC5

- 40

- 8780. Registration.
The provisions of 9VAC5

- 20

- 160 (Registration) apply.

9VAC5

- 40

- 8790. Facility and control equipment
maintenance or malfunction.
The provisions of 9VAC5

- 20

- 180 (Facility and control equipment maintenance or malfunction) apply.

9VAC5

- 40

- 8800. Permits.
A permit may be required prior to beginning any of the activities specified in this section if the provisions of 9VAC5

- 50 (New and Modified Stationary S ources) and 9VAC5

- 80 (Permits for Stationary Sources) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.
1. Construction of a facility.

2. Recon struction (replacement of more than half) of a facility.
3. Modification (any physical change to equipment) of a facility.
4. Relocation of a facility.
5. Reactivation (re

- startup) of a facility.
6. Operation of a facility.

VA.R. Doc. No. R10

- 2124; Filed D ecember 18, 2014, 8:07 a.m.

Proposed Regulation
Titles of Regulations: 9VAC5

- 20. General Provisions (Rev. E09) (amending 9VAC5

- 20

- 21).

9VAC5

- 40. Existing Stationary Sources (Rev. E09) (amending 9VAC5

- 40

- 4760; adding 9VAC5

- 40

- 8810 through 9VAC5

- 40

- 8950).
Statutory Authority: § 10.1

- 1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.
Public Hearing Information:
February 26, 2015

- 11 a.m.

- Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193

Public Comment Deadline: March 13, 2015.
Agency Con tact: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4423, FAX (804)
698

- 4510, or email mary.major@deq.virginia.gov.

Basis: Section 10.1

- 1308 of the Virginia Air Pollution
Co ntrol 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 pollution in order to protect public health
and welfare.
Specific Federal Requirements.

Ground

- level ozone is an air pollutant that forms when volatile organic compounds (VOCs) and nitrogen oxides

### 1 ENCLOSURE 3

RECORD OF HEARING AND SUMMARY OF COMMENT

As required by 40 CFR 51.102(e), the complete record of the hearing, along with a list
of commenters and the text of the written presentations or summary of the oral presentations, is located at the Air Division of the Department of Environmental Quality. The Department contact to access this information is the Director, Air Division

.

As required by Sec tion 2.1(h) of Appendix V of 40 CFR Part 51, a copy of the

comments received and responses thereto is attached. Included is a brief statement of the subject, the identification of the commenter, the summary of the comment and the response (analysis and ac tion taken). Each issue is discussed in light of all of the
comments received that affect that issue. All comments have been reviewed and responses developed based on an evaluation of the issues raised in consideration of the overall goals and objectives of the air quality program and the intended purpose of
the document under review.

TEMPLATES \ SIP

- REG \ REG03

- ph
SIP \ NONATTN PLANS \ 2015 \ D09

- SIP

- 3.DOC

### 2 COMMONWEALTH OF VIRGINIA STATE AIR POLLUTION CONTROL BOARD SUMMARY AND ANALYSIS OF PUBLIC COMMENT FOR
REGU LATION REVISION D09 CONCERNING

VOC EMISSION STANDARDS, MISCELLANEOUS 9VAC5 CHAPTER 40

INTRODUCTION

At the September 2010 meeting, the b oard authorized the d epartment to promulgate for public comment a proposed regulation revision concerning volatile organic compound (VOC) emission standards for miscellaneous sources (industrial solvent cleaning operations and miscellaneous industrial adhesive application processes)

.

A public hearing was advertised accordingly and held in Woodbridge, Virginia on Febru ary 26, 2015 and the public comment period closed on March 13, 2015 . The proposed regulation amendments subject to the hearing are summarized below followed by a summary of the public participation process and an analysis of the public

comment , along with the basis for the decision of the b oard.

SUMMARY OF PROPOSED AMENDMENTS

For each new article:

1. An applicability section is established which specifies the affected source population.

2. Definitions of terms used in the rule are provided.

3. A stan dard for VOC emissions is established, along with provisions for achieving the
standard.

4. Standard provisions are provided for visible emissions; fugitive dust/emissions; odor; toxic pollutants; compliance; a compliance schedule; test methods and proced ures; monitoring; notification, records and reporting; registration; facility and control equipment maintenance or malfunction; and permits.

SUMMARY OF PUBLIC PARTICIPATION PROCESS

A public hearing was held in Woodbridge , Virginia on February 26, 2015

. One person attended the hearing and offer ed comments, and three additional written comments were received during the public comment period. As required by law, notice of this hearing was given to the public on January 12, 2015 in the Virginia Register an d the

### 3 Washington Times . In addition, personal notice of this hearing and the opportunity to comment was given by mail to those persons on the d epartment's list to receive notices of proposed regulation revisions. A list of hearing attendees and the complete text or an account of each person's comments is included in the hearing report which is on file
at the d epartment.

ANALYSIS OF COMMENT

Below is a summary of each person's comments and the accompanying analysis. Included is a brief statement of the subject, the identification of the commenter, the text
of the comment and the b oard's response (analysis and action taken). Each issue is
disc ussed in light of all of the comments received that affect that issue. The b oard has reviewed the comments and developed a specific response based on its evaluation of
the issue raised. The b oard's action is based on consideration of the overall goals an d objectives of the air quality program and the intended purpose of the regulation.

1. SUBJECT : Malfunctions.

COMMENTER : U.S. Environmental Protection Agency (EPA)

TEXT : These regulations contain the provision " Facility and control equipment
maintena nce or malfunction ," which incorporat es by reference the provisions of 9VAC5

- 20

- 180. This regulation contains Virginia’s affirmative defense for malfunction ( sub section G). EPA cannot approve any State Implementation Plan (SIP) revisions containing 9VAC5

- 2 0

- 180 G as presently written.

By notice published on February 22, 2013 (78 FR 12459), EPA proposed to take action on a petition for rulemaking that the Sierra Club filed with the EPA Administrator on June 30, 2011. In that proposal notice, we described a nd proposed the EPA’s response
to the p etition concerning the treatment of excess emissions from sources during periods of startup/shutdown/malfunction (SSM) in SIPs. EPA proposed to find these provisions are substantially inadequate because they are not consistent with fundamental legal requirements o f the Clean Air Act , and EPA proposed to issue a SIP call to each affected state for these specific provisions. In the February 2013 proposal notice, EPA included Virginia’s 9VAC5

- 20

- 180 G.

Subsequent to EP A’s issuance of the February 2013 proposal, a federal court ruled that §§ 113 and 304 of the Act preclude EPA authority to create affirmative defense provisions in EPA’s own regulations imposing emission limits on sources, because such provisions purport t o alter the jurisdiction of federal courts to assess liability and impose penalties for violations of those limits in private civil enforcement cases. See NRDC v. EPA

, 749 F.3d 1055 (D.C. Cir.2014).

EPA believes that the reasoning of the United States Co urt of Appeals for the District of Columbia Circuit in NRDC v. EPA indicates that the states, like EPA, have no authority in SIP provisions to alter the jurisdiction of federal courts to assess penalties for

### 4 violations of Act requirements through affirmative defense provisions. If states lack authority under the Act to alter the jurisdiction of the federal courts through affirmative defense provisions in SIPs, then the EPA lacks authority to approve any such provision in a SIP

.

Therefore, in a supplemental proposed rulemaking (SNPR) on states ' affirmative defense provisions for malfunctions in SIPs, we supplemented and revised what we had earlier proposed as our response to the Petitioner’s requests in our February 2013
rulem aking, but only to the extent the requests narrowly concern affirmative defense provisions in SIPs. See 79 FR 55920 (September 17, 2014). This SNPR also identified Virginia’s 9VAC5

- 20

- 180 G among other states’ regulations. In the SNPR, EPA proposed to fi nd that these provisions for affirmative defenses are substantially inadequate because they are not consistent with fundamental legal requirements of the
Act , and EPA proposed to issue a SIP call to each affected state, including Virginia, for these specif ic provisions. EPA is addressing state regulations which contain provisions related to exemptions or affirmative defenses in this separate rulemaking. See 78 FR
12460 and 79 FR 55920. In the meantime, EPA encourages any state having deficient SSM provisi ons to take steps to correct them as soon as possible.

RESPONSE : I n EPA's September 17, 2014 (79 FR 55920) supplemental proposal, EPA reiterated that 9VAC5

- 20

- 180 G is substantially inadequate to meet Act requirements and is thus proposing to issue a SI P call with respect to this provision. It is anticipated that this proposal will become final in May 2015; states will have 18 months after that date to submit a corrected SIP.

Virginia's current series of CTG rules for the control of VOC (Revisions C09, D09 and E09) were approved by the Governor to be issued for public comment on December 10, 2014. This started a mandatory Administrative Process Act (APA) clock for the remainder of the regulatory process. In order to meet the APA schedule (as well as
f ulfill the state's federal obligation to promulgate these regulations), the regulations will be adopted as final by the State Air Pollution Control Board at the June 2015 meeting.

Depending on the timing and the content of the final SIP call malfunction r ule, the department may be able to modify its malfunction rules in time such that reference to them in the CTG rules is not an issue. If this is not possible, the department will simply not submit the affected malfunction provisions of the CTG rules as pa rt of the SIP. This will enable EPA to approve the remainder of the CTG rules into the SIP in an administratively rational manner while avoiding adverse impacts to the environment.

No change has been made to the proposal as a result of this comment.

2. SUBJECT : State

- only provisions.

COMMENTER : U.S. EPA

TEXT : These regulations contain the provision s entitled " Standard for odor " and

" Standard for toxic pollutants, " which incorporat e by reference the provisions in 9VAC5

-

### 5 40

- 130 (Emissi on Standards for Odor ) and 9VAC5

- 60

- 200 (Emission Standards for Toxic Pollutants from Existing Sources). Section 107(a) of the Clean Air Act provides that State Implementation Plans are for the attainment and maintenance of national ambient air quality standards (NAAQS). T he provisions in 9VAC5

- 40

- 130 and 9VAC5

- 60

- 200 are not applicable to the NAAQS. Therefore, EPA is concerned with SIP

approving provisions not in accordance with § 107(a), unless Virginia can explain how
these are related to attainment and maintenance of th e NAAQS.

RESPONSE : As has been done in the past with other stationary source regulations for the control of VOC, the state

- only odor and toxics provisions will not be submitted as part of the final SIP submittal. The public notice states, "It is planne d to submit all provisions of the proposals as revisions to the Commonwealth of Virginia SIP with the exception of provisions related to state programs for odor and toxics."

No change has been made to the proposal as a result of this comment.

3

. SUBJECT : Cleaning activities associated with digital printing.

COMMENTER : Specialty Graphic Imaging Association (SGIA)

TEXT : Our intent is to encourage adoption of a regulation that conforms with the industrial solvent cleaning regulations adopted by other st ates in the same geographic

area. SGIA is not opposed to environmental controls. However, promulgation of any regulatory controls should allow an industry sector to use the materials that are technologically compatible with their manufacturing process. The comments we offer seek to explore alternative means to promulgate this regulation that will result in environmental benefit without sacrificing an entire industrial sector.

SGIA recommends that, similar to other state air control districts, that the rule be amended to exempt cleaning activities associated with digital printing. Further, SGIA recommends that the rule be amended to include control requirements for screen printing that allow for either use of solvent technology at 4.2 pounds of VOC per gallon, or the use of a product with a vapor pressure of 8 mm Hg. Adoption of these two amendments will provide conformance between the regulations adopted by your district with those that have been implemented in other jurisdictions.

Appendix C, Summar y of NAICS Codes for nonattainment facilities estimated to meet the applicability criteria recommended in this CTG, specifically lists commercial screen printing. Screen printing facilities use solvents for a wide range of cleaning activities. Solvents are used for basic building maintenance activities, however, solvents are also used to clean the manufacturing equipment used for production purposes. SGIA opposes the adoption of these proposed changes. Specifically, SGIA opposes the implementation of the limit of 50 grams VOC per liter that is included in the draft revisions. We contend that EPA’s C TG for i ndustrial c leaning s olvents did not intend for this limit to be applied across the board to all solvent cleaning acti vities. We contend that EPA specifically addresses the need for states to consider and adopt solvent limits that are appropriate to the industrial mix in a given area.

### 6 Further, when the EPA CTG for i ndustrial c leaning s olvents was first drafted, the

a ge ncy did not consider the impact of this document on new and emerging industry

sectors. And, when finally released in 2006, the a gency did not address emerging industry sectors. The state rules referenced in the CTG did not include digital technologies, a nd since 2006, we have seen the inclusion of digital technologies in both solvent cleaning as well as graphic arts air pollution control standards. Specifically, the Bay Area Air Quality Management District in its recently adopted revisions to their graph ic arts rule, Regulation 8, Rule 20, exempted digital printing operations and presses from all VOC control requirements, including those associated with cleaning
solvents. So that this burgeoning technology is not crippled, SGIA recommends that digital op erations be exempted from the Northern Virginia District’s proposed regulations for industrial cleaning solvents. EPA understood during the development of the final CTG that not all industry sectors were adequately represented during the development of th e 1994 document. Further, in the CTG, EPA states that the recommendations contained in this CTG are based on data and information currently
available to EPA. These general recommendations may not apply to a particular situation based upon the circumstanc es of a specific source. The data and information used by EPA was collected in 1994 and only addressed nine specific industry sectors.

State air pollution control agencies have adopted regulatory language similar to proposal offered by SGIA. Connecticut regulation 22a

- 174

- 20 (ii) General Solvent Cleaning contains provisions impacting both screen and digital printing facilities. The requirements do not apply to the use of cleaning solvent in a digital printing operation, where digital printing means a me thod of printing in which an electronic output device transfers variable data, in the form of an image, from a computer to a substrate. Further, screen printing facilities that use cleaning solvents with an as

- applied VOC
content that does not exceed 500 grams per liter (4.2 pounds per gallon) is also exempt from the general cleaning solvent requirements.

Maryland adopted a different approach. The state’s regulation, Control of VOC Emissions from Industrial Solvent Cleaning Operations Other Than Cold and Vapor Degreasing (26.11.19.09

- 1), exempts cleaning operations at sources subject to any other VOC regulations in this subtitle (26.11.19.09

- 1 A.6.b.ii). COMAR Rule 26.11.19.18, Control of Volatile Organic Compound Emissions from Screen Printing and Digita l Imaging, includes requirements for cleaning operations for screen printing and also covers digital printing operations, thus, both industry sectors were considered exempt from the requirements contained in the Industrial Solvent Cleaning regulation.

Th e District of Columbia in its recently amended Rule 20

- 770, Miscellaneous Industrial Solvent Cleaning Operations, included an exemption for printing operations using electron beam or ultraviolet inks (which would include both digital and screen printing

pr ocesses) and cleaning and surface preparation operations related to screen printing.

Currently SGIA is working with the State of New Jersey Department of Environmental Protection on the development of regulations to govern emissions from industrial
solve nt cleaning operations that consider the requirements of the screen printing

### 7 industry as well as exemption of digital printing operations from coverage. Other states, such as Illinois, Indiana, Wisconsin and Ohio have already adopted regulations that
consi der the unique requirements of the screen printing industry and have included an exemption for cleaning activities associated wi th digital printing operations.

RESPONSE : We agree that an industry sector should use the materials that are technologically compatible with their manufacturing process , and that the inclusion of digital printing processes in this particular CTG regulation is not appropriate.

This comment is acceptable and the proposal has been modifi ed accordingly.

4

. SUBJECT : C oatings, inks , adhesives and resin manufacturing operations

.

COMMENTER : American Coatings Association (ACA)

TEXT : ACA is very concerned about the proposed Industrial Solvent Cleaning VOC limit (50 g/l) since this that will not allow effective cleaning at coatings, inks, adhesives and resin manufacturing operations. Solvents that meet the 50 g/l limit are less effective, more expensive, more evaporative, and more flammable than current solvents used today. As a result, there will likely be an increase in VOC emissions if the 50 g/l limit were adopted for these operations. ACA recommends DEQ either exempt coatings, ink, ad hesives and resin manufacturing operations from the proposed regulations (as Maryland, Delaware, and Texas have done) or adopt similar language that Wisconsin, Illinois, Ohio, Indiana, North Carolina, and Missouri have adopted, which provides several speci fic options for cleaning at coatings, ink, adhesives and resin manufacturing operations

.

RESPONSE : We agree that an alterative limit that recognizes the use of current, more effective solvents is appropriate.

This comment is acceptable and the proposal has been modified accordingly.

TEMPLATES \ FINAL \ FR04
REG \ DEV\ D09

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