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 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 along 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 copy 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 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 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 regulation 

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 board 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 requirements 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 administrative 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 because 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 (CO2) emissions from bioenergy and other 

biogenic stationary sources in order for EPA to conduct a 

detailed examination of the science associated with biogenic 

CO2. The amendments affect the PSD NSR regulations in 

40 CFR 51.166 by revising the definition of "subject to 

regulation." Because Virginia has the authority to directly 

implement federal PSD regulations as long as its rules are at 

least as protective as the federal, 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 

documents may also be obtained by contacting the DEQ 

representative named below. The public may review the 

documents between 8:30 a.m. and 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, 

Volume 28, Issue 4 Virginia Register of Regulations October 24, 2011 

285 
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 and 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 

may 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. 

Volume 28, Issue 4 Virginia Register of Regulations October 24, 2011 

286