### 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 acti vities and compliance with state administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity to submit written comments concerning a proposed revision to the Commonwealth of Virginia State Implementation Plan was held from October 24 to November 23, 2011

. As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was given notice of the public comment period in the Virginia Register of Regulations alo ng with the location of the proposal for public inspection on October 24, 2011 . The notice included procedures to afford the public the opportunity to request that a hearing be held pursuant to 40 CFR 51.102(a); no such request was received. The attached c opy of the notice provides the evidence required by § 2.1(f) of Appendix V of 40 CFR Part 51.

The Regional Administrator for the U.S. Environmental Protection Agency was notified of the public comment period, as was each local air pollution control agen cy 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, w ere notified of the public comment period. 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 regulatio n amendments were published in the Virginia Register of Regulations on October 10, 2011 after being duly adopted by the State Air Pollution Control Board on September 9, 2011 , certified by the Office of the Attorney General as within the Board’s statutory authority on September 12, 2011 and thus fully enforceable under Virginia law, and submitted to the Virginia Registrar on behalf of the b oard by the Department of Environmental Quality as a true and accurate copy of the duly adopted regulation on September 12, 2011 , 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 November 9, 2011

.

TEMPLATES \ SIP

- REG \ REG02

- PH SIP \ MAJOR NSR \ E11

- SIP

- 2.DOC

# GENERAL NOTICES/ERRATA

GENERAL NOTICES/ERRATA AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation to EPA as a revision to the SIP in accordance with the requ irements of § 110(a) of the federal Clean Air Act. Regulations affected: The regulation of the board affected by this action is as follows: 9VAC5-85-50 of Part III of 9VAC5- 85 (Permits for Stationary Sources of Pollutants Subject to Regulation). Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP. Public comment period: October 24, 2011, to November 23, 2011. Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted. Public comment stage: The regulation amendments are exempt from the state administ rative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provisions of § 2.2-4006 A 4 c of the Administrative Process Act becau se they are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments. Description of proposal: On July 20, 2011 (76 FR 43490), EPA promulgated final amendments to its regulations for permitting of greenhouse gases (GHGs). The purpose of the amendments is to defer, for a three year period, the application of the prevention of significant deterioration (PSD) and federal operating (Title V) permitting requirements to carbon dioxide (CO 2 ) emissions from bioenergy and other biogenic stationary sources in order for EPA to conduct a detailed examination of the scie nce associated with biogenic CO 2 . The amendments affect the PSD NSR regulations in 40 CFR 51.166 by revising the definition of "subject to regulation." Because Virginia ha s the authority to directly implement federal PSD regulations as long as its rules are at least as protective as the fede ral, the corresponding Virginia regulation must be revised accordingly when a final federal rule is promulgated. Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. Except as noted below, the proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP with the exception of Part II, which contains federal operating permit program provisions not germane to the SIP, and is provided in the submittal for information only. How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. Commenters submitting faxes are encouraged to provide the signed original by postal mail within one week. All testimony, exhibits, and documents received are part of the public record. To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website ( http://www.deq.state.va.us/air/permitting/planotes.html ). The doc uments may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. a nd 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations: 1) Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070, 2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (540) 676-4800, 3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562- 6700, 4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone (804) 582- 5120, 5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800, 6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020,

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# General Notices/Errata

7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800, and 8) Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA, telephone (757) 518-2000. Contact Information: 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.

ALCOHOLIC BEVERAGE CONTROL BOARD

Notice of Periodic Review
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 of the Code of Virginia, the Alcoholic Beverage Control Board is currently reviewing each of the regulations listed below to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form. Each regulation will be reviewed to determine whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable. Public comment is sought on the review of any issue relating to the regulations.

3VAC5-10, Procedural Rules for the Conduct of Hearings Before the Board and Its Hearing Officers and the Adoption or Amendment of Regulations 3VAC 5-11, Public Participation Guidelines 3VAC5-20, Advertising
3VAC5-30, Tied-House 3VAC5-40, Requirements for Product Approval 3VAC5-50, Retail Operations
3VAC5-60, Manufacturers an d Wholesalers Operations
3VAC5-70, Other Provisions The comment period begins October 24, 2011, and ends on March 30, 2012. Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm . Comments may also be sent to W. Curtis Coleburn, Chief Operating Officer, Alcoholic Beverage Control Board, P.O. Box 27491, Richmond, VA 23261, telephone (804) 213-4409, FAX (804) 213-4411, or email curtis.coleburn@abc.virginia.gov. Comments must include the commenter's name and address information (physical or email) in order to receive a response to the comment from the agency. Following the close of the public comment period, a report of the periodic review will be posted on the Town Hall and published in the Virginia Register of Regulations.

COMMON INTEREST COMMUNITY BOARD

Notice of Periodic Review
Pursuant to Executive Order 14 (2010) and §§ 2.2-4007.1 and 2.2-4017 of the Code of Virginia, the Common Interest Community Board is currently reviewing each of the regulations listed below to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of Virginia. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form. Each regulation will be reviewed to determine whether the regulation (i) is necessary for the protection of public health, safety, and welfare or for the economical performance of important governmental functions; (ii) minimizes the economic impact on small businesses in a manner consistent with the stated objectives of applicable law; and (iii) is clearly written and easily understandable. Public comment is sought on the review of any issue relating to the regulations. 18VAC48-10, Public Participation Guidelines 18VAC48-20, Condominium Regulations 18VAC48-40, Virginia Time-Share Regulations 18VAC48-50, Common Interest Community Manager Regulations 18VAC48-60, Common Interest Community Management Information Fund Regulations The comment period begins October 24, 2011, and ends on November 14, 2011. Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm . Comments

m ay also be sent to Trisha Henshaw, Executive Director, Common Interest Community Board, Department of Professional and Occupation Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367- 8510, FAX (866) 490-2723, or email cic@dpor.virginia.gov. Comments must include the commenter's name and address information (physical or email) in order to receive a response to the comment from the agency.

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