Molly Joseph Ward 

Secretary of Natural Resources 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Street address: 629 East Main Street, Richmond, Virginia 23219 

Mailing address: P.O. Box II 05, Richmond, Virginia 23218 

TDD (804) 698-4021 

www.deq. virginia.gov 

JUL 22 Z014 

Ms. Diana Esher, Director 

Air Protection Division (3APOO) 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

David K. Paylor 

Director 

(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 PM2.5. 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 A14

CONCERNING

MAJOR NEW SOURCE REVIEW, PM2.5

(9VAC5 CHAPTER 80)

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 

regulations submitted for approval and incorporation 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 Source impact analysis (modified)

TEMPLATES\SIP-REG\REG01

SIP\MAJOR NSR\A14-SIP-1.DOC
COMMONWEALTH OF VIRGINIA PAGE 1 of 6

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

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 [9VAC5-80-1700 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 (9VAC5-80)

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 facilities 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 (9VAC5-80)

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 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 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 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 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 (9VAC5-80)

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/m3, 8-hour average

Nitrogen dioxide - 14 μg/m3

, annual average

PM2.5 - 4 0 μg/m3, 24-hour average*

PM10 - 10 μg/m3

, 24-hour average

Sulfur dioxide - 13 μg/m3, 24-hour average

Ozone**

Lead - 0.1 μg/m3, 3-month average

Fluorides - 0.25 μg/m3, 24-hour average

Total reduced sulfur - 10 μg/m3

, 1-hour average

Hydrogen sulfide - 0.2 μg/m3

, 1-hour average

Reduced sulfur compounds - 10 μg/m3

, 1-hour average; or

*No exemption is available with regard to PM2.5.

**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 NOX 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 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 stationary 
COMMONWEALTH OF VIRGINIA PAGE 5 of 6

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-80)

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, processed 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 article 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 allowable 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 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 PM2.5, 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 

quality impacts less than the following amounts:

Averaging time Class I area Class II area Class III area

Annual 0.06 μg/m3 0.3 μg/m3 0.3 μg/m3

24-hour 0.07 μg/m3 1.2 μg/m3 1.2 μg/m3

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 (9VAC5-80)

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 that does not or would not meet the applicable air quality standard:

Pollutant Annual

Averaging time (hours)

24 8 3 1

 SO2 1.0 μg/m3 5.0 μg/m3 25.0 μg/m3

 PM10 1.0 μg/m3 5.0 μg/m3

 PM2.5 0.3 μg/m3 1.2 μg/m3

 NO2 1.0 μg/m3

 CO 500 μg/m3 2000 μg/m3

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 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. The 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 nonattainment 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 comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan was held from June 16 to July 16, 2014.

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 Regulations, 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 attached 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 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

A true copy of the official regulation (Revision A14) 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 April 4, 2014, certified by the Office of the Attorney General 

as within the Board’s statutory authority on April 8, 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 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\SIP-REG\REG02-PC

SIP\MAJOR NSR\A14-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 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 Article 8 (Permits for Major Stationary Sources 

and Major Modifications Locating in Prevention of 

Significant Deterioration Areas) 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, 2014.

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 have been adopted and 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: 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 (PM2.5). 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 PM2.5. 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 SIP, the state must adopt and 

submit revisions to the SIP to reflect the rule revisions.

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. 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 available 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) Piedmont 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, telephone (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 Public 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 for 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 who 

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 process 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 amendments 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/meetings/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@doe.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 Directive 

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 Order 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 

regulation, 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 consistent 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://www.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 of 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 

Department 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, Richmond, VA.

Director's Order Number Fifty-Three (14)

Virginia's Instant Game Lottery 1462 "Blackjack" Final Rules 

for Game Operation (effective April 22, 2014)
REGULATIONS

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: § 10.1-104.8 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, telephone 

(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 provided 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 

or 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 Virginia; 

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, 

Richmond, 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 significant 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 under 

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 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. 
Regulations

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

2314

i. Hydrofluoric acid plants. 

j. Sulfuric 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. 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, 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; 

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 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 

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 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 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. 

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/m3, 8-hour average 

Nitrogen dioxide -- 14 μg/m3, annual average 

PM2.5 - 4 0 μg/m3, 24-hour average*

PM10 - 10 μg/m3, 24-hour average

Sulfur dioxide -- 13 μg/m3, 24-hour average 

Ozone**

Lead -- 0.1 μg/m3, 3-month average 

Fluorides -- 0.25 μg/m3, 24-hour average 

Total reduced sulfur -- 10 μg/m3, 1-hour average 

Hydrogen sulfide -- 0.2 μg/m3, 1-hour average 

Reduced sulfur compounds -- 10 μg/m

3

, 1-hour average; 

or 

*No exemption is available with regard to PM2.5.

*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 NOX 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 

concentrations listed in subdivision 1 of this subsection, or 
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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 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, processed 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 article 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. 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 (including 

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 PM2.5, 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 quality impacts less than the following 

amounts:

Averaging 

time

Class I area Class II 

area

Class III 

area

Annual 0.06 μg/m30.3 μg/m30.3 μg/m3

24-hour 0.07 μg/m31.2 μg/m31.2 μg/m3

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 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 that does not or would 

not meet the applicable air quality standard: 

Pollutant Annual

Averaging time (hours)

24 8 3 1

SO2 1.0 

μg/m3

5.0 

μg/m3

25.0 

μg/m3

PM10 1.0 

μg/m3

5.0 

μg/m3

PM2.5 0.3 

mg/m3

1.2 

mg/m3

NO2 1.0 

μg/m3

CO 500 

μg/m3

2000 

μg/m3

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 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. The 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 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 25 (§ 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, including 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

The complete record of public participation activities is located at the Air Division of the 

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division.

The state did not receive comments on this particular revision. 

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