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 purposes 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 reference 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 Standards

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)

9VAC5-40-8520 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, records and reporting (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 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 (added)

9VAC5-40-8670 Definitions (added)

9VAC5-40-8680 Standard for volatile organic compounds (added)

9VAC5-40-8690 Standard for visible emissions (added)

9VAC5-40-8700 Standard 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 Notification, 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\2016\D09-SIP-1.DOC
COMMONWEALTH 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 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, 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.

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 pharmaceutical 

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 

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 Coating Application Systems, 9VAC5-40-4610 et seq.), Article 34 

(Miscellaneous Metal Parts/Products Coating Application, 9VAC5-40-4760), Article 35 
COMMONWEALTH 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 

(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 Industrial 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 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 

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 

(Existing 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 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 priority.

C. Terms 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)

"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 

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 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 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, 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 
COMMONWEALTH 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.

"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 

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 several products including: corrugated and solid fiber boxes; diecut 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 ribbons.

"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 treat disease or improve or enhance health.

"Plastic parts coating" means a coating that is applied to the surfaces of a 

varied range plastic parts and products. Such parts or products are constructed 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 vehicles, 

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 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 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, 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
COMMONWEALTH 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, 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 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 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 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 gallon) 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 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 operations shall be minimized.

3. Used 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. Equipment 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 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 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. All VOC-containing 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 cleanup, 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 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 onsite or off-site recycling.]

[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 8 mm Hg.]

9VAC5-40-8540. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of Part II of 9VAC5-40 (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) 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.

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 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 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

w w e e

n

i

i i i

c

W Mw W Mw W Mw

W VP Mw

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 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 Temperature 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 provisions 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. Reconstruction (replacement 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\D09-457-FIN-EPA1.DOC
COMMONWEALTH 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 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 provided 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 miscellaneous 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 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 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.), 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, 
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.

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 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 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 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 mechanism is permanently 

housed in a non-refillable 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.
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 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 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 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 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 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 surface at floor level.

"Cyanoacrylate adhesive" means any adhesive with a cyanoacrylate 
COMMONWEALTH 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 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 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 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 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.

"Flexible vinyl" means non-rigid polyvinyl 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 nonporous substrate, such as flexible vinyl, are excluded from this category.

"Industrial adhesives" 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 

adhesives), 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, tracheostomy tubes, blood oxygenators, and cardiatory reservoirs.

"Metal to urethane/rubber molding or casting adhesive" means any 
COMMONWEALTH 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 heater 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 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 (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 of 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 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, 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 

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 several products including: corrugated and solid fiber boxes; diecut paper paperboard, and cardboard; converted paper and paperboard not elsewhere 
COMMONWEALTH OF VIRGINIA PAGE 6 of 14

STATE AIR POLLUTION CONTROL BOARD

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

classified; 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 flooring 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 

polymerization 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 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" 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 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 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, 
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 reapplying 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 than 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 

adhesive 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 emissions limits in 

Table 4-58A.

TABLE 4-58A. 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 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
COMMONWEALTH OF VIRGINIA PAGE 9 of 14

STATE AIR POLLUTION CONTROL BOARD

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

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 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., averaging 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 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 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 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 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 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.
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 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 non-spray 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 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.
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. All VOC-containing adhesives, adhesive primers, and processrelated 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 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 processrelated waste materials shall be conveyed from one location 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-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, 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 of 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 9VAC5-40 (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 

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 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 [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 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 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\D09-458-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), the 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 National 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 required 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, 2015. 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 Regions. 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 State 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 the 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 provisions 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\2016\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 inspected 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 catalyst 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 process 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.

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 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 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 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; Filed 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, 629 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 Northern 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, compliance, 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 operations.

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 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

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 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) 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 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 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 Industrial 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 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

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 (Existing 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 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 priority.

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 

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 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 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: 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 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; diecut 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 ribbons.

"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 treat 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. 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 vehicles, 

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 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 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. 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 equipment.

"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 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 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 gallon) 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 operations 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) 

shall 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, 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 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 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 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 owner 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 recycling.

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 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 seq.) 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.

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 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
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-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 g-mole,

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 Temperature 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 provisions 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. 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.

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 provided 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 miscellaneous 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 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 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.), 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 Standards 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 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 defined.

"ABS welding" means any process to weld acrylonitrilebutadiene-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 

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 mechanism 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 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 adhesivecoated surfaces are placed in contact with each other, and 

(iv) does not need sustained pressure 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 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 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 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 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.

"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 

artificial 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 

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 adhesives), pressure sensitive, hot-melt, 

or reactive (such as epoxy adhesives and ultravioletcurable 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, 

tracheostomy tubes, blood oxygenators, and cardiatory 

reservoirs.

"Metal to urethane/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 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 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 

(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 of 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 

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, 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 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; diecut 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 ribbons.

"Perimeter bonded sheet flooring installation" means the 

installation of sheet flooring 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 polymerization 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 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" 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 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 
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 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 

reapplying 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 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 resorcinolresin-based adhesive 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 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 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 withinapplication 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 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 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 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 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 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 
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 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 application; 

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 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 VOCcontaining adhesives, adhesive primers, and processrelated 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 

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-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, 

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 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 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 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 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 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) 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 (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 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 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 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 indirectly 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 comments 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 that 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 

responsibilities 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 vaccinepreventable diseases. This also indirectly protects the health 
Regulations

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

782

1. The alcohol concentration of offset lithographic printing 

process fountain 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 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 inspected 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 

catalyst 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 process 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.

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

Proposed 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, Woodbridge, 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.sabasteanski@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 "the presence in the outdoor 

atmosphere of one or more substances which are or may be 

harmful or injurious to human health, welfare or safety, to 

animal or plant life, or to property, or which unreasonably 

interfere with the enjoyment by the people of life or 

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 

(NOX) interact with sunlight. The national 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 

then 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 Part 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 23858), 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 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 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 NOX 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 the 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" (RACT), 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, 1990, 

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 miscellaneous 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 prescribe 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 NAAQS 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, 

maintenance, 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 enforceable 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 monoxide, 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 adequacy, 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 measures 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 endangerment 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 any 

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 

recordkeeping 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 extensions 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 purpose 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 inventory 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 

nonattainment 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 incentives 

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 measures 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. Section 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 these 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) stipulates 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 

years 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 § 175A(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 for 

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 

program 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 has 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 comply 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 

enactment 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 specifies 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 the 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 Emissions 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 

ozone 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 VOC 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 

maintain 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 

Analysis:

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 solvent 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 certainty 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 application 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 materials 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 

containers 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, 

adhesive 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 these 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 

between $12,144 and $48,576. Affected businesses may incur 
Regulations

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 regulations 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 affected 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 Church, 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 Private 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 that 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 development 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). Section 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 entities 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. Further, 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 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

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 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 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

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

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 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 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 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 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 Industrial 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 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 

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 (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 priority.

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 

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 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 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, 

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 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; diecut 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 ribbons.

"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 treat 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. 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 vehicles, 

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 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 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 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 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 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 gallon) 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 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 operations shall be 

minimized.

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 
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 seq.) 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.

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).

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 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 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,

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 Temperature 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 provisions 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. 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.

Article 58

Emission Standards for Miscellaneous Industrial Adhesive 

Application Processes in the Northern Virginia Volatile 
Regulations

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 provided 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 miscellaneous 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 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 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.), 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 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. 

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 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 defined.

"ABS welding" means any process to weld acrylonitrilebutadiene-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 

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 mechanism 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 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 
Regulations

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

791

is impossible, or difficult, to reposition after both adhesivecoated surfaces are placed in contact with each other, and 

(iv) does not need sustained pressure 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 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 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 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 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.

"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 

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 

nonporous substrate, such as flexible vinyl, are excluded 

from this category.

"Industrial adhesives" 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 adhesives), pressure sensitive, hot-melt, 

or reactive (such as epoxy adhesives and ultravioletcurable 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, 

tracheostomy tubes, blood oxygenators, and cardiatory 

reservoirs.

"Metal to urethane/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 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 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 

(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 of 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 

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, film, 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 decorative 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; diecut 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 ribbons.

"Perimeter bonded sheet flooring installation" means the 

installation of sheet flooring 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 polymerization 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 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" 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 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 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 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 

reapplying 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 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 resorcinolresin-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 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

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 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 withinapplication 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:
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 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 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 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 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 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 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 application; 

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 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 VOCcontaining adhesives, adhesive primers, and processrelated 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 

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-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, 

mixing, 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, 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 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 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 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 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 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 appropriate 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 facility.

5. Reactivation (re-startup) of a facility.

6. Operation of a facility.

VA.R. Doc. No. R10-2124; Filed December 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 Contact: 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 

Control Law, Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1 of 

the Code of Virginia, authorizes the State Air Pollution 

Control Board to promulgate regulations abating, controlling, 

and prohibiting air 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 Section 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 action 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

REGULATION REVISION D09

CONCERNING

VOC EMISSION STANDARDS, MISCELLANEOUS

9VAC5 CHAPTER 40

INTRODUCTION

At the September 2010 meeting, the board authorized the department 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 

February 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 board.

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 standard 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 procedures; 

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 offered 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 and 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 department'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 department.

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 board's response (analysis and action taken). Each issue is 

discussed in light of all of the comments received that affect that issue. The board has 

reviewed the comments and developed a specific response based on its evaluation of 

the issue raised. The board's action is based on consideration of the overall goals and 

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 

maintenance or malfunction," which incorporates by reference the provisions of 9VAC5-

20-180. This regulation contains Virginia’s affirmative defense for malfunction 

(subsection G). EPA cannot approve any State Implementation Plan (SIP) revisions 

containing 9VAC5-20-180 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 and proposed the EPA’s response 

to the petition 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 of 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 EPA’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 to 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 Court 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 

rulemaking, 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 find 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 specific 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 provisions to take steps to correct them as soon as possible. 

RESPONSE: In 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 SIP 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 

fulfill 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 rule, 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 part 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 provisions entitled "Standard for odor" and 

"Standard for toxic pollutants," which incorporate by reference the provisions in 9VAC5-
5

40-130 (Emission 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). The provisions in 9VAC5-40-130 and 9VAC5-

60-200 are not applicable to the NAAQS. Therefore, EPA is concerned with SIPapproving provisions not in accordance with § 107(a), unless Virginia can explain how 

these are related to attainment and maintenance of the 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 planned 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 states 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, Summary 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 CTG for industrial cleaning solvents did not intend for 

this limit to be applied across the board to all solvent cleaning activities. 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 industrial cleaning solvents was first drafted, the 

agency did not consider the impact of this document on new and emerging industry 

sectors. And, when finally released in 2006, the agency did not address emerging 

industry sectors. The state rules referenced in the CTG did not include digital 

technologies, and 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 

graphic 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 operations 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 the 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 circumstances 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 method 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 Digital 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. 

The 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 

processes) 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 

solvent 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 

consider the unique requirements of the screen printing industry and have included an 

exemption for cleaning activities associated with 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 modified accordingly.

4. SUBJECT: Coatings, 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, adhesives 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 specific 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\D09-12ST