Molly Joseph Ward Secretary of Natura l Resources 

# COMMONWEALTH of VIRGINIA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Street address : 629 East Main Street, Richmond

, Virginia 23219

Ma i ling address: P

. O. Box II 05, Richmond, Virginia 2 3218

T D D (804) 698-4021

www

. deq. v ir ginia

. gov



# JU L 22 Z01 4

Ms. Diana Esher, Director


### Air Protection Division 

### (3APOO)

U

. S. Environmental Protection Agency

, Region III

1650 Arch Street Philadelphia, Pennsylvania 19103-2029 David K

. P ay l or
D ire cto r

(804) 698-4020

1

- 800

- 592

- 5482



### Reference: Major New

Source Review Permits (Rev. A14)

Dear Ms. Esher:

Pursuant to the requirements of§ 110 of the Clean Air Act, we are officially requesting approval of a revision to the Commonwealth of Virginia State Implementation Plan (SIP) approved and submitted under the authority of§ 10.1-1185 ofthe Code of Virginia and in

accordance with the requirements of 40 CFR Part 

## 51 (Requirements for Preparation, Adoption,

and Submittal of Implementation Plans).

This revision consists of modifying provisions in the prevention of significant

deterioration (PSD) new source review regulation relative to significant impact levels (SILs) and

a significant monitoring concentration (SMC) for particulate matter less than 2.5 micrometers (PM2.5). On January 22, 2013, the United States Court of Appeals for the District of Columbia

Circuit granted a request from the U.S. Environmental Protection Agency (EPA) to vacate and

remand to EPA portions of the prevention of significant deterioration (PSD) new source review regulations establishing the SILs for PM 2

. 5

. The court further vacated the portions of the PSD regulations establishing a PM2

. 5 SMC. EPA modified its regulations accordingly on December
9, 2013 (78 FR 73698)

. In Virginia, where the state administers the NSR program under an approved state implementation plan (SIP), the state must adopt and submit revisions to the SIP to

### reflect the rule revisions. The regulation amendments were adopted by the State Air Pollution

Control Board on April4, 2014 under the authority of§ 10.1-1308 of the Code of Virginia.

Enclosed are the following:

1. A true copy of the official regulation (Revision A 14) which was published in the Virginia Register of Regulations on May 5, 2014 after being duly adopted by the State Air

Pollution Control Board on April4, 2014, certified by the Office of the Attorney General as within the board's statutory authority on April8, 2014 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 April15,

2014.

2. Certification of public participation activities and compliance with state administrative procedures.

3. Public participation record.

4. An 

### electronic copy (CD) of the complete submittal. This electronic copy is an exact duplicate of the hard copy.

If you have any questions or need additional information, please let us know.

DKP\kgs

TEMPLATES\SIP-REG\REGOO SIP\MAJORNSR\A14-SIP.DOC

Enclosures 

### ely,

David K. Paylor

### ENCLOSURE 1

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

PROVISIONS AFFECTED
REVISION A1 4
CONCERNING

MAJOR NEW SOURCE REVIEW , PM 2.5 

### (9VAC5 CHAPTER 8 0 )

Adoption Date: April 4, 2014
Effective Date: June 4, 2014

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

are included in Enclosure 2.

CHAPTER 80 PERMITS FOR STATIONARY SOURCES

PART II Permit Procedures

ARTICLE 8 PERMITS FOR MAJOR STATIONARY SOURCES AND MAJOR
MODIFICATIONS LOCATING IN PREVENTION OF SIGNIFICANT
DETERIORATION AREAS

9VAC5

- 80

- 1695 Exemptions (modified)
9VAC5

- 80

- 1715 S ource impact analysis (modified)

TEMPLATES \ SIP

- REG \ REG01
SIP \ MAJOR NSR \ A 1 4

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 6
STATE AIR POLLUTION CONTROL BOARD

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

- 8 0)



### 9VAC5 CHAPTER 80.
PERMITS FOR STATIONARY SOURCES.

Part II.
Permit Procedures.

ARTICLE 8. Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas.

(replaces Article 8 [ 9 VAC5

- 80

- 1700 et seq.] )

9VAC5

- 80

- 1695. Exemptions.

A. The requirements of this article shall not apply to a particular major stationary source or major modification; if:

1. The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:

a. Coal cleaning plants (with thermal dryers).

b. Kraft pulp mills.

c. Portland cement plants.

d. Primary zinc smelters.

e. Iron and steel mills.

f. Primary aluminum ore reduction plants.

g. Primary copper smelters.

h. Municipal incinerators capable of charging more than 250 tons of refuse per day.

i. Hydrofluoric acid plants.

j. Sulfuric acid plants.COMMONWEALTH OF VIRGINIA PAGE 2 of 6
STATE AIR POLLUTION CONTROL BOARD

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

- 8 0)



### k. Nitric acid plants.

l. Petroleum refineries.

m. Lime plants.

n. Phosphate rock processing plants.

o. Coke oven batteries.

p. Sulfur recovery plants.

q. Carbon black plants (furnace process).

r. Primary lead smelters.

s. Fuel conversion plants.

t. Sintering plants.

u. Secondary metal production plants.

v. Chemical process plants (which does not include ethanol production facilit ies that produce ethanol by natural fermentation included in NAICS codes 325193 or 312140)

.

w. Fossil

- fuel boilers (or combination of them ) totaling more than 250 million British thermal units per hour heat input.

x. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.

y. Taconite ore processing plants.

z. Glass fiber processing plants.

aa. Charcoal production plants.

bb. Fossil fuel

- fired steam electric plants of more than 250 million
British thermal units per hour heat input.

cc. Any other stationary source category which, as of August 7,COMMONWEALTH OF VIRGINIA PAGE 3 of 6
STATE AIR POLLUTION CONTROL BOARD

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

- 8 0)



### 1980, is being regulated under 40 CFR Part 60 or 61; or

2. The source or modification is a portable stationary source that has previously received a permit under this article, and

a. The owner proposes to relocate the source and emissions of the source at the new location would be temporary; and

b. The emissions from the source would not exceed its allowable emissions;

c. The emissions from the source would affect no class I area and no area where an applicable increment is known to be violated; and

d. Reasonable notice is given to the board prior to the relocation identifying the proposed new location and the probable duration of operat ion at the new
location. Such notice shall be given to the board not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the
board.

B. The requirements of this article shall not apply to a ma jor stationary source or major modification with respect to a particular pollutant if the owner demonstrates that, as to that pollutant, the source or modification is located in an area designated as
nonattainment in 9VAC5

- 20

- 204.

C. The requirements of 9VAC5

- 80

- 1715, 9VAC5

- 80

- 1735, and 9VAC5

- 80

- 1755 shall not apply to a major stationary source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that p ollutant from the modification:

1. Would affect no class I area and no area where an applicable increment is known to be violated, and

2. Would be temporary.

D. The requirements of 9VAC5

- 80

- 1715, 9VAC5

- 80

- 1735, and 9VAC5

- 80

- 1755 as they relate to a ny maximum allowable increase for a class II area shall not apply to a major modification at a stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the
modification after the application of best available control technology would be less than 50 tons per year.COMMONWEALTH OF VIRGINIA PAGE 4 of 6
STATE AIR POLLUTION CONTROL BOARD

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

- 8 0)



### E. The board may exempt a proposed major stationary source or major modification from the requirements of 9VAC5

- 80

- 1735 with respect to monitoring for a particular pollutant if:

1. The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts:

Carbon monoxide

- 575 μg /m 3 

### , 8

- hour average

Nitrogen dioxide

- 14 μg/m 3 

### , annual average

P M 2.5 

### - 4 0 μg/m 3 

### , 24

- hour average *

PM 10 

### - 10 μg/m 3 

### , 24

- hour average

Sulfur dioxide

- 13 μg/m 3 

### , 24

- hour average

Ozone * *

Lead

- 0.1 μg/m 3 

### , 3

- month average

Fluorides

- 0.25 μg/m 3 

### , 24

- hour average

Total reduced sulfur

- 10 μg/m 3 

### , 1

- hour average

Hydrogen sulfide

- 0.2 μg/m 3 

### , 1

- hour average

Reduced sulfur compounds

- 10 μg/m 3 

### , 1

- hour average; or

*No exemption is available with regard to PM 2.5



### .

* * No de minimi s air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or NO X 

### subject to this article would be required to perform an ambient impact analysis including the gathering of ambient air qu ality data.

2. The concentrations of the pollutant in the area that the source or
modification would affect are less than the concentrations listed in subdivision 1 of this subsection, or the pollutant is not listed in subdivision 1 of this subsection.

F. The requirements of this article shall not apply to a particular major stationaryCOMMONWEALTH OF VIRGINIA PAGE 5 of 6
STATE AIR POLLUTION CONTROL BOARD

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

- 8 0)



### source with respect to the use of an alternative fuel or raw material if the following
conditions are met:

1. The owner demonstrates to the board that, as a result of trial burns at the owner’s facility or other facilities or other sufficient data, the emissions resulting from the use of the alternative fuel or raw material supply are decreased. No demonstration will be required for the use of processed animal fat, pro cessed fish oil, processed vegetable oil, distillate oil, or any mixture thereof in place of the same quantity of residual oil to fire industrial boilers.

2. The use of an alternative fuel or raw material would not be subject to
review under this articl e as a major modification.

9VAC5

- 80

- 1715. Source impact analysis.

A. The following demonstration is required for any new major stationary source or major modification:

1. The owner of the proposed source or modification shall demonstrate
that allowab le emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (including secondary emissions), would not cause or contribute to air pollution in violation of:

a

. 1. Any ambien t air quality standard in any air quality control region; or

b

. 2. Any applicable maximum allowable increase over the baseline concentration in any area.

2. For purposes of PM 2.5 

### , the demonstration required in subdivision 1
of this subsection is dee med to have been made if the emissions increase from the new stationary source alone or from the modification alone would cause, in all areas, air quality impacts less than the following amounts:

Averaging time Class I area Class II area Class III area

Annual 0.06 μg/m 3 

### 0.3 μg/m 3 

### 0.3 μg/m 3



### 24

- hour 0.07 μg/m 3 

### 1.2 μg/m 3 

### 1.2 μg/m 3



### B. The following applies to any new major stationary source or major modification if it would cause or contribute to a violation of any ambient air quality
standard.COMMONWEALTH OF VIRGINIA PAGE 6 of 6
STATE AIR POLLUTION CONTROL BOARD

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

- 8 0)



### 1. A new major stationary source or major modification will be considered to cause or contribute to a violation of an ambient air quality standard when such source or modification would, at a minimum, exceed the following significance levels at any locality th at does not or would not meet the applicable air quality standard:

Pollutant Annual Averaging time (hours)

8 24 3 1

SO 2 

### 1.0 **μ** g/m 3 

### 5.0 **μ** g/m 3 

### 25.0 **μ** g/m 3



### PM 10 

### 1.0 **μ** g/m 3 

### 5.0 **μ** g/m 3



### PM 2.5 

### 0.3 **μ** g/m 3 

### 1.2 **μ** g/m 3



### NO 2 

### 1.0 **μ** g/m 3



### CO 500 **μ** g/m 3 

### 2000 **μ** g/m 3



### 2. A proposed new major stationary source or major modification may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse amb ient impact where the new major stationary source or major modification would otherwise cause or contribute to a violation of any ambient air quality standard. In the absence of such emission reductions, the board will deny the proposed construction.

3. T he requirements of this subsection do not apply to a major stationary source or major modification with respect to a particular pollutant if the owner demonstrates that, as to that pollutant, the source or modification is located in an area designated as n onattainment in 9VAC5

- 20

- 204.

REG \ DEV\ A14

- REG

- FIN

### 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 comment s concerning a propos ed revision to the Commonwealth of Virginia State Implementation Plan was held from June 16 to July 16 , 201 4

.

As required by 40 CFR Part 51.102 (a) and (d)(1) and (2), the public was given notice of
the comment period in the Virginia Register of Regulation s , along with the location of the proposal for public inspection, on June 16, 2014

. 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 attac hed copy of the notice provides the evidence required by Section 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 c ontrol 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

A true copy of the official regulation (Revision A 1 4 ) which was p ublished in the Virginia Register of Regulations on May 5, 2014 after being duly adopted by the State Air
Pollution Control Board on April 4, 2014 , certified by the Office of the Attorney General as within the Board’s statutory authority on April 8, 2014 a nd 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 April 15, 2014

. 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 June 4, 2014

.

TEMPLATES \ S IP

- REG \ REG02

- P C
SIP \ MAJOR NSR \ A 1 4

- SIP

- 2.DOC

# GENERAL NOTICES/ERRATA

Volume 30, Issue 21 Virginia Register of Regulations June 16, 2014

2507 GENERAL NOTICES/ERRATA STATE AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision

-

Revision A14

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 federa l 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 r equirements of § 110(a) of the

federal Clean Air Act.

Regulations affected: The regulation of the board affected by this action is Article 8 (Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration A reas) of 9VAC5

- 80 (Permits for Stationary Sources), Revision A14.

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: June 16, 2014, to July 16, 20 14.

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 t he requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations. Since the amendments have been adopted and are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment onl y on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: The proposed revision consists of modifying provisions in the prevention of significant deterioration (PSD) new source review regulation relative to significant impact levels (SILs) and a significant monitoring concentration (SMC) for particulate matter less than 2.5 micrometers (PM 2.5 ). On January 22, 2013, the United States Court of Appeals for the District of Columbia Circuit granted a request from the EPA to vacate and remand to EPA portions of the PSD new source review regulations establishing the

SILs for PM 2.5 . The court further vacated the portions of the PSD regulations establishing a PM 2.5 SMC. EPA modified its regulati ons accordingly on December 9, 2013, (78 FR 73698). In Virginia, where the state administers the NSR program under an approved SIP, the state must adopt and

submit revisions to the SIP to reflect the rule revisions.

Federal information: This notice is bein g given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. 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 SIP.

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. All materials received are part of the public record.

To review regulation documents: The proposal and any supporting documents are availa ble on the DEQ Air Public

Notices for Plans website at http://www.deq.state.va.us/Programs/Air/PublicNotices/airpla nsandprograms.aspx . The documents may also be obtained by contacting the DEQ representative listed 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, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698

- 4070,

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (276) 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 (434) 582

- 5120,

5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574

- 7800,

6) Pie dmont Regional Office, 4949

- A Cox Road, Glen Allen, VA, telephone (804) 527

- 5020,

7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583

- 3800, and

8) Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA, tel ephone (757) 518

- 2000.

# General Notices/Errata

Volume 30, Issue 21 Virginia Register of Regulations June 16, 2014

2508 Contact Information: Karen G. Sabasteanski, 629 East Main Street, P.O. Box 1105, Richmond, VA 232118, telephone (804) 698

- 4426, FAX (804) 698

- 4510, or email karen.sabasteanski@deq.virginia.gov.

STATE BOARD OF EDUCATION

Additional Pub lic Comment Period Regarding Revisions to Amending the Regulations Governing Driver Education and Repealing the Regulations Governing the Approval of Correspondence Courses for Home Instruction (Final Stage)

The Board of Education is in the final stage of amending the Regulations Governing Driver Education (8VAC20

- 340) and repealing the Regulations Governing the Approval of Correspondence Courses for Home Instruction (8VAC20

- 60).

The 2008 General Assembly adopted amendments that eliminated the requirement f or the Superintendent of Public Instruction to approve correspondence courses for parents who homeschool their children. However, the Code of Virginia still requires that the Board of Education approve driver education correspondence courses for parents wh o homeschool their children. As a result of this action by the General Assembly, the Regulations Governing the Approval of Correspondence Courses for Home Instruction are no longer necessary, and the board proposed to move provisions

about driver education correspondence courses to the Regulations Governing Driver Education. The board received no public comment on the proposed regulatory action.

However, during the executive review process, the board was advised that changes were needed regarding due proces s if a correspondence school's application is denied, or if the approval is revoked for good cause. The proposed amendments make changes to the due process provisions.

Instead of a fact

- finding conference and a hearing before a hearing officer, the amendme nts would provide for the Board

of Education to review and reconsider the decision. To view the proposed amendments, please see http://www.doe.virginia.gov/boe/mee tings/2014/05_may/age nda_items/item_h.pdf

. As the proposed changes are substantive, public comment is being sought through June 30, 2014. The board plans to take final action of the regulatory action at its July 24, 2014, meeting. For questions about this regulatory action, please contact the Department of Education's policy office at policy@doe.virginia.gov or (804) 225

- 2403. Comments may

be submitted to policy@d oe.virginia.gov or Virginia Board of Education, P.O. Box 2120, Richmond, VA 23218.

Contact Information: Melissa Luchau, Director for Board Relations, State Board of Education, P.O. Box 2120, 101 North 14th Street, 25th Floor, Richmond, VA 23219, telephone (804) 225

- 2924, FAX (804) 225

- 2524, or email melissa.luchau@doe.virginia.gov. STATE BOARD OF HEALTH

Periodic and Small Business Impact Review

Pursuant to Executive Order 14 (2010), §§ 2.2

- 4007.1 and

2.2

- 4017 of the Code of Virginia, and Executive Directiv e ED

- 01 (May 12, 2014) the Board of Health is conducting a periodic review and small business impact review of

12VAC5

- 412, Regulations for the Licensure of Abortion

Facilities

. The review of this regulation will be guided by the principles

in Executive Ord er 14 (2010). http://dpb.virginia.gov/regs/eo14.pdf. The purpose of this review is to determine whether this regulation should be repealed, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regul ation, including 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 cons istent with the stated objectives of applicable law; and (iii) is clearly written and easily

understandable.

The comment period begins June 16, 2014, and ends July 31,

2014.

Comments may be submitted online to the Virginia Regulatory Town Hall at http://ww w.townhall.virginia.gov/L/Forums.cfm. Comments may also be sent to Erik Bodin, Director, Virginia Department of Health, Office of Licensure and Certification, 9960 Mayland Drive, Suite 401, Richmond, VA 23233, telephone (804) 367

- 2102, FAX (804) 527

- 4502, or email healthcommissioner@vdh.virginia.gov.

Comments must include the commenter's name and address (physical or email) information in order to receive a response to the comment from the agency. Following the close of the public comment period, a report o f both reviews will be posted on the Town Hall and a report of the small business impact review will be published in the Virginia Register of Regulations.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Depar tment were filed with the Virginia Registrar of Regulations on May 22, 2014. The orders may be viewed at the State Lottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 201 North 9th Street, 2nd Floor, Ri chmond, VA.

Director's Order Number Fifty

- Three (14)

Virginia's Instant Game Lottery 1462 "Blackjack" Final Rules for Game Operation (effective April 22, 2014)

# REGU LATIONS

For information concerning the different types of regulations, see the Information Page.

Symbol Key Roman type indicates existing text of regulations. Underscored language indicates proposed new text. Language that has been stricken indicates proposed text for deletion. Brackets are used in final regulations to indicate changes from the proposed regulation.

Volume 30, Issue 18 Virginia Register of Regulations May 5, 2014

2313 REGULATIONS 

### TITLE 4. CONSERVATION AND NATURAL

RESOURCES

VIRGINIA SOIL AND WATER CONSERVATION

BOARD

Final Regulation

Title of Regulation: 4VAC50

- 70. Resource Management

Plans (adding 4VAC50

- 70

- 10, 4VAC50

- 70

- 20, 4VAC50

- 70

- 30, 4VAC50

- 70

- 40, 4VAC50

- 70

- 50, 4VAC50

- 70

- 60,

4VAC50

- 70

- 70, 4VAC50

- 70

- 80, 4VAC50

- 70

- 90, 4VAC50

- 70

- 100, 4VAC50

- 70

- 110, 4VAC50

- 70

- 120, 4VAC50

- 70

- 130, 4VAC50

- 70

- 140, 4VAC50

- 70

- 150).

Statutory Authority: § 10.1

- 1 04.8 of the Code of Virginia.

Effective Date: July 1, 2014.

This final action readopts without amendment 4VAC50

- 70, Resource Management Plans. The regulation initially was adopted by the Virginia Soil and Water Conservation Board

with an effective date of December 6, 2013, as published in

29:18 VA.R. 2198

- 2207 May 6, 2013 . On November 21, 2013, the board suspended the effective date, and notice of the suspension was published in 30:7 VA.R. 814

- 815 December 2, 2013 . At its meeting on April 4, 2014, the board

rescinded the suspension of these regulations and readopted the final regulation without amendment; therefore, the text is

not set out here. The board established a new effective date of July 1, 2014.

Agency Contact: David C. Dowling, Policy and Planning Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, teleph one (804) 786

- 2291, FAX (804) 786

- 6141, or email david.dowling@dcr.virginia.gov.

VA.R. Doc. No. R12

- 3140; Filed April 17, 2014, 11:02 a.m.



#  

# –––––––––––––––––– 

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of the Administrative Process Act in accordance with § 2.2

- 4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations pr ovided such regulations do not differ materially from those required by federal law or regulation. The State Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration

o r revision.

Title of Regulation: 9VAC5

- 80. Permits for Stationary Sources (Rev. A14) (amending 9VAC5

- 80

- 1695, 9VAC5

- 80

- 1715).

Statutory Authority: § 10.1

- 1308 of the Code of V irginia; Clean Air Act (§§ 110, 112, 165, 173, 182 and Title V);

40 CFR Parts 51, 61, 63, 63, 70, and 72.

Effective Date: June 4, 2014.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105,

Richmo nd, VA 23218, telephone (804) 698

- 4426, FAX (804)

698

- 4510, TTY (804) 698

- 4021, or email karen.sabasteanski@deq.virginia.gov.

Summary:

On December 9, 2013 (78 FR 73698), the U.S. Environmental Protection Agency removed certain provisions regarding the sign ificant impact levels and significant monitoring concentration for particulate matter less than 2.5 micrometers from its prevention of significant deterioration regulations. The State Air Pollution Control Board administers the new source review program un der an approved state implementation plan; therefore, the board has amended the regulation to reflect the federal regulation revisions.

9VAC5

- 80

- 1695. Exemptions.
A. The requirements of this article shall not apply to a particular major stationary source or major modification; if:

1. The source or modification would be a major stationary source or major modification only if fugitive emissions, to the extent quantif

iable, are considered in calculating the potential to emit of the stationary source or modification and the source does not belong to any of the following categories:

a. Coal cleaning plants (with thermal dryers).

b. Kraft pulp mills.

c. Portland cement plants.

d. Primary zinc smelters.

e. Iron and steel mills.

f. Primary aluminum ore reduction plants.

g. Primary copper smelters.

h. Municipal incinerators capable of charging more than 250 tons of refuse per day.

# Regulations

Volume 30, Issue 18 Virginia Register of Regulations May 5, 2014

2314 i. Hydrofluoric acid plants.

j. Sul furic acid plants.

k. Nitric acid plants.

l. Petroleum refineries.

m. Lime plants.

n. Phosphate rock processing plants.

o. Coke oven batteries.

p. Sulfur recovery plants.

q. Carbon black plants (furnace process).

r. Primary lead smelters.

s. Fuel conversion plants.

t. Sintering plants.

u. Secondary metal production plants.

v. Chemical process plants (which shall not include ethanol production facilities that produce ethanol by

natural fermentation included in NAICS codes 325193 or 312140).

w. F ossil

- fuel boilers (or combination of them) totaling more than 250 million British thermal units per hour heat input.

x. Petroleum storage and transfer units with a total storage capacity exceeding 300,000 barrels.

y. Taconite ore processing plants.

z. Glass fiber processing plants.

aa. Charcoal production plants.

bb. Fossil fuel

- fired steam electric plants of more than 250 million British thermal units per hour heat input.

cc. Any other stationary source category which, as of August 7, 1980, is be ing regulated under 40 CFR Part 60 or 61; or

2. The source or modification is a portable stationary source that has previously received a permit under this article, and

a. The owner proposes to relocate the source and

emissions of the source at the new l ocation would be
temporary;

b. The emissions from the source would not exceed its allowable emissions;

c. The emissions from the source would affect no class I area and no area where an applicable increment is known to be violated; and

d. Reasonable not ice is given to the board prior to the relocation identifying the proposed new location and the probable duration of operation at the new location. Such notice shall be given to the board not less than 10 days in advance of the proposed relocation unless a different time duration is previously approved by the board.

B. The requirements of this article shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner demonstrates that, as to that pollutan t, the source or modification is located in an area designated as nonattainment in 9VAC5

- 20

- 204.

C. The requirements of 9VAC5

- 80

- 1715, 9VAC5

- 80

- 1735,

and 9VAC5

- 80

- 1755 shall not apply to a major stationary source or major modification with respect to a pa rticular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the

modification:

1. Would affect no class I area and no area where an applicable increment is known to be violated; and

2. Would be temporary.

D. The requirements of 9VAC5

- 80

- 1715, 9VAC5

- 80

- 1735,

and 9VAC5

- 80

- 1755 as they relate to any maximum allowable increase for a class II area shall not apply to a major modification at a stationary source that was in

existence on Ma rch 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of best available control technology would be less than 50 tons per year.

E. The board may exempt a proposed major stationa ry source or major modification from the requirements of

9VAC5

- 80

- 1735 with respect to monitoring for a particular pollutant if:

1. The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from

the modific ation would cause, in any area, air quality impacts less than the following amounts:

Carbon monoxide

-- 575 μg/m 3 , 8

- hour average

Nitrogen dioxide

-- 14 μg/m 3 , annual average

PM 2.5 - 4 0 μg/m 3 , 24

- hour average *

PM 10 - 10 μg/m 3 , 24

- hour average

Sulfur dioxide

-- 13 μg/m 3 , 24

- hour average

Ozone* *

Lead

-- 0.1 μg/m 3 , 3

- month average

Fluorides

-- 0.25 μg/m 3 , 24

- hour average

Total reduced sulfur

-- 10 μg/m 3 , 1

- hour average

Hydrogen sulfide

-- 0.2 μg/m 3 , 1

- hour average

Reduced sulfur compounds

-- 10 μg/ m 3 , 1

- hour average;

or *No exemption is available with regard to PM 2.5

. *No **No de minimis air quality level is provided for ozone. However, any net increase of 100 tons per year or more of volatile organic compounds or NO X subject to this article would be required to perform an ambient impact analysis including the gathering of ambient air quality data.

2. The concentrations of the pollutant in the area that the

source or modification would affect are less than the

concent rations listed in subdivision 1 of this subsection, or

# Regulations

Volume 30, Issue 18 Virginia Register of Regulations May 5, 2014

2315 the pollutant is not listed in subdivision 1 of this

subsection.

F. The requirements of this article shall not apply to a particular major stationary source with respect to the use of

an alternative f

uel or raw material if the following conditions

are met:

1. The owner demonstrates to the board that, as a result of trial burns at the owner's facility or other facilities or other sufficient data, the emissions resulting from the use of the

alternative f

uel or raw material supply are decreased. No demonstration will be required for the use of processed animal fat, processed fish oil, processed vegetable oil, distillate oil, or any mixture thereof in place of the same quantity of residual oil to fire indus trial boilers.

2. The use of an alternative fuel or raw material would not be subject to review under this article as a major

modification.

9VAC5

- 80

- 1715. Source impact analysis.
A. The following demonstration is required for any new major stationary sour ce or major modification:

1. A. The owner of the proposed source or modification

shall demonstrate that allowable emission increases from the proposed source or modification, in conjunction with all other applicable emissions increases or reductions (inclu ding secondary emissions), would not cause or contribute to air pollution in violation of:

a. 1. Any ambient air quality standard in any air quality control region; or

b. 2. Any applicable maximum allowable increase over the baseline concentration in any area. 2. For purposes of PM 2.5 , the demonstration required in

subdivision 1 of this subsection is deemed to have been made if the emissions increase from the new stationary source alone or from the modification alone would cause, in all areas, air qualit y impacts less than the following

amounts:

Averaging

time Class I area Class II

area Class III

area

Annual 0.06 μg/m 3 0.3 μg/m 3 0.3 μg/m 3

24

- hour 0.07 μg/m 3 1.2 μg/m 3 1.2 μg/m 3

B. The following applies to any new major stationary source or major modification if it would cause or contribute to a violation of any ambient air quality standard.

1. A new major stationary source or major modification

will be considered to cause or con tribute to a violation of an ambient air quality standard when such source or modification would, at a minimum, exceed the following significance levels at any locality that does not or would not meet the applicable air quality standard: Pollutant Annual Averaging time (hours)

24 8 3 1

SO 2 1.0

μg/m 3 5.0

μg/m 3 25.0

μg/m 3

PM 10 1.0

μg/m 3 5.0

μg/m 3

PM 2.5 0.3

mg/m 3 1.2

mg/m 3

NO 2 1.0

μg/m 3

CO 500 μg/m 3 2000

μg/m 3

2. A proposed new major stationary source or major modification may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the new major stationary s ource or major

modification would otherwise cause or contribute to a violation of any ambient air quality standard. In the absence of such emission reductions, the board will deny the proposed construction.

3. The requirements of this subsection do not ap ply to a major stationary source or major modification with respect to a particular pollutant if the owner demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment in 9VAC5

- 20

- 204.

VA.R. Doc. No . R14

- 3965; Filed April 15, 2014, 9:14 a.m.

STATE WATER CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: The State Water Control Board is claiming an exemption from Article 2 of the Administrative Process Act in accordance with § 2.2

- 4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Water Control Board pursuant to the State Water Control Law (§ 62.1

- 44.2 et seq.), Chapter 24 (§ 62.1

- 242 et seq.) of Title 62.1, and Chapter 2 5 (§ 62.1

- 254 et seq.) of Title 62.1 of the Code of Virginia if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2

- 4007.01 ; (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, i ncluding potentially affected citizens groups, to assist in the development of the general permit; (iii) provides notice and receives oral and written comment as provided in § 2.2

- 4007.03 ; and (iv) conducts at least one public hearing on the proposed general permit.

Title of Regulation: 9VAC25

- 192. Virginia Pollution Abatement (VPA) General Permit Regulation for Animal Feeding Operations (amending 9VAC25

- 192

- 10 through

### ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

T he complete record of public participation activities is located at the Air Division of the Department of Environmental Quality. The d epartment contact to access this information is the Director, Air Division

.

The state did not receive comments on this particular revision.

TEMPLATES \ SIP

- REG \ REG03

- pc SIP \ MAJOR NSR \ A 1 4

- SIP

- 3.DOC