ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION E 11

CONCERNING

PERMITS F OR STATIONARY SOURCES O F POLLUTANTS SUBJECT TO

REGULATION , GREENHOUSE GAS TAILORING , BIOMASS EXEMPTION (9VAC5 CHAPTER 85 )

Adoption Date: September 9 , 2011

Effective Date: November 9 , 2011

The following table lists the specific provisions of the attached regulations that will be used to implement the State Implementatio n Plan (SIP). A copy of the actual regulation submitted for approval and incorporation by reference into the Virginia SIP is included

in Enclosure 2. 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 85 PERMITS FOR STATIONARY SOURCES OF

POLLUTANTS SUBJECT TO REGULATION

PART II FEDERAL (TITLE V) OPERATING PERMIT ACTI ONS

9VAC5

- 85

- 30 Definitions (modified)

PART III PREVENTION OF SIGNIFICANT DETERIORATION PERMIT

ACTIONS

9VAC5

- 85

- 50 Definitions (modified)

TEMPLATES \ SIP

- REG \ REG01

SIP \ MAJOR NSR \ E 11

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 4

STATE AIR POLLUTION CONTROL BOARD

PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO REGULATION (9VAC5

- 85)

9VAC5 CHAPTER 85

. PERMITS FOR STATIONARY SOURCES OF

POLLUTANTS SUBJECT TO REGULATION

.

PART I I

. FEDERAL (TITLE V) OPERATING PERMIT ACTIONS

.

9 VAC5

- 85

- 30

. Definitions.

A. For the purpose of applying this part in the context of the Regulations for the

Cont rol and Abatement of Air Pollution and related uses, the words or terms shall have the meanings given them in 9VAC5

- 80

- 60 (Definitions) or 9VAC5

- 80

- 370 (Definitions), as applicable, except for the terms defined in subsection C of this section.

B. Unless otherwise required by context, all terms not defined herein shall have

the meaning meanings given them in 9VAC5

- 10 (General Definitions), 9VAC5

- 80

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

C. Term s d efined.

"Greenhouse gases (GHGs)" means the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

"Major stationary source" means , in lieu of subdivision b i n the definition of "major sourc e" in 9VAC5

- 80

- 60, a major stationary source of air pollutants, as defined

in § 302 of the federal Clean Air Act, that directly emits, or has the potential to emit, 100

t py or more of any air pollutant subject to regulation (including any major source of fugitive emissions of any such pollutant, as determined by rule by the Administrator). The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purpo ses of § 302(j) of the federal Clean

Air Act, unless the source belongs to one of the 27 categories of stationary source s as listed in subdivisions b (1) through (27) in the definition of "major source" in 9VAC5

- 80

- 60

.

"Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the federal Clean Air Act, or a nationally

- applicable regulation codified by the a dministrator in Subchapter C of 40 CFR Chapter I, that requires actual control of the quantity of em issions of that pollutant, and that such a control requirement has taken effect and is operative to cont rol, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. The following exceptions shall apply:COMMONWEALTH OF VIRGINIA PAGE 2 of 4

STATE AIR POLLUTION CONTROL BOARD

PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO REGULATION (9VAC5

- 85)

1. GH Gs shall not be subject to regulation unless, as of July 1, 2011, the GHG emissions a re at a stationary source emitting or having the potential to emit 100,000 tons per year ( tpy ) CO 2 equivalent emissions (CO 2 e)

.

2. The term "tpy CO 2 equivalent emissio ns (CO 2 e)" shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass amount o f emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A

- 1 to Subpart A of 40 CFR Part 98, and summing the resultant value for each to compute a tpy CO 2 e. For purposes of this subdivision , prior to July 21, 2014 , the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non

- fossilized and biodegradable organic material originating from plants, animals, or micro

- organisms (including products, byproducts, residues and waste from agriculture, forestry and related industries as well as the non

- fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of non

- fossilized and biodegradable organic material).

PART III

. PREVENTION OF SIGNIFICANT DETERIORATIO N PERMIT ACTIONS

.

9VAC5

- 85

- 50 . Definitions.

A. For the purpose of applying this part 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 9VAC5

- 80

- 161 5 (Definitions), except for the terms defined

in subsection C of this section.

B. Unless otherwise required by context, all terms not defined herein shall have

the meaning meanings given them in 9VAC5

- 10 (General Definitions), 9VAC5

- 80

- 5 (Definitions), o r commonly ascribed to them by recognized authorities, in that order of priority.

C. Terms d efined.

"Greenhouse gases (GHGs)" means the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbo ns, and sulfur hexafluoride.

"Regulated NSR p ollutant " means:

a. Any pollutant for which an ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the

administrator (e.g., volatile orga nic compounds and NO X are precursors for ozone);COMMONWEALTH OF VIRGINIA PAGE 3 of 4

STATE AIR POLLUTION CONTROL BOARD

PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO REGULATION (9VAC5

- 85)

b. Any pollutant that is subject to any standard promulgated under § 111 of the federal Clean Air Act;

c. Any class I or II substance subject to a standard promulgated under or established by Title V I of the federal Clean Air Act; or

d. Any pollutant that otherwise is subject to regulation under the federal Clean Air Act as defined in the definition of "subject to regulatio n."

e. Notwithstanding subdivisions a through d of this definition, the term "regulated NSR pollutant" shall not include any or all hazardous air pollutants either listed in § 112 of the federal Clean Air Act, or added to the list pur suant to § 112(b)(2) of the federal Clean Air Act, and which have not been delisted pursuant to § 112(b)(3) of the federal Clean Air Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant liste d under § 108 of the

federal Clean Air Act.

"Subject to regulation" means, for any air pol lutant, that the pollutant is subject to either a provision in the federal Clean Air Act, or a nationally

- applicable regulation codified by the Admi nistrator in S ubchapter C of 40 CFR C hapte r I , that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of tha t pollutant released from the regulated activity. The following exceptions shall apply:

1. GHGs shall no t be subject to regulation except as provided in

subdivisions 4 and 5 of this definition.

2. Fo r purposes of subdivisions 3 through 5 of this definition, the term "tpy CO 2 equivalent emissions (CO 2 e)" shall represent an amount of GHGs
emitted, and shal l be computed as follows:

a. Multiplying the mass amount of emissions (t py), for each of the six greenhouse gases in the pollutant GHGs, by the gas’s associated global warming potential published at Table A

- 1 to Subpart A of 40 CFR Part 98. For purpos es of this subdivision, prior to July 21, 2014 , the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of non

- fossilized and biodegradable organic material originating from pl ants, animals, or micro

- organisms (including products, byproducts, residues and waste from agriculture, forestry and related industries as well as the non

- fossilized and biodegradable organic fractions of industrial and municipal wastes, including gases an d liquids recovered from the decomposition of non

- fossilized and biodegradable organic material).COMMONWEALTH OF VIRGINIA PAGE 4 of 4

STATE AIR POLLUTION CONTROL BOARD

PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO REGULATION (9VAC5

- 85)

b. Sum the resultant value from subdivision a of this

subdivi sion for each gas to compute a tpy CO 2 e.

3. The term "emissions increase" as used in sub divisions 4 and 5 of this definition shall mean that both a significant emissions increase (as calculated using the procedures in 9VAC5

- 80

- 1605 G ) and a significant net emissions increase (as

defined in 9VAC5

- 80

- 1615 C ) occur. For the pollutant GHGs, an em issions increase shall be based on tpy CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy CO 2 e instead of applying the value in subdivision b of the definition of "significant" in 9VAC5

- 80

- 1615 C

.

4. Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

a. The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potent ial to emit 75,000 tpy CO 2 e or more; or

b. The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO 2 e

or more.

5. Beginning July 1, 2011, in additio n to the provisions in subdivision 4 of this definition, the pollutant GHGs shall also be subject to regulation:

a. At a new stationary source that will emit or have the potential to e mit 100,000 tpy CO 2 e; or

b. At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions incre ase of 75,000 tpy CO 2 e or m ore.

REG \ DEV\ E11

- REG

- FIN