Regulations 

Agency Contact: Jane Warren, Agency Regulatory 

Coordinator, Marine Resources Commission, 2600 

Washington Ave., 3rd Floor, Newport News, VA 23607, 

telephone (757) 247-2248, FAX (757) 247-2002, or email 

betty.warren@mrc.virginia.gov. 

Summary:

This amendment closes the crab dredge fishery for the 

December 2011 through March 2012 season. 

4VAC20-1140-20. Crab dredging prohibited. 

A. In accordance with the provisions of § 28.2-707 of the 

Code of Virginia, the crab dredging season of December 1, 

2010 2011, through March 31, 2011 2012, is closed, and it 

shall be unlawful to use a dredge for catching crabs from the 

waters of the Commonwealth during that season. 

B. The following regulations that pertain to the crab dredge 

fishery or activities associated with crab dredging are 

repealed: 

4VAC20-40, "Pertaining to Crab Catch Limits" 

4VAC20-90, "Pertaining to Dredging for Crabs" 

4VAC20-270-30 C, Daily Time Limits, "Pertaining to 

Crabbing" 

4VAC20-750, "Pertaining to Crab Dredge Sales" 

4VAC20-752-30 A, Harvest Restrictions. "Pertaining to 

Blue Crab Sanctuaries" 

4VAC20-1090-30 1, Commercial Licenses: Blue Crab 

Harvesting and Shedding Licenses--For each boat used for 

taking or catching hard crabs with dredges. "Pertaining to 

Licensing Requirements and License Fees" 

VA.R. Doc. No. R12-2967; Filed September 29, 2011, 2:30 p.m. 

 –––––––––––––––––– 

TITLE 9. ENVIRONMENT 

STATE AIR POLLUTION CONTROL BOARD 

Final Regulation 

REGISTRAR'S NOTICE: The following regulatory action is 

exempt from 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: 9VAC5-85. Permits for Stationary 

Sources of Pollutants Subject to Regulation (Revision 

E11) (amending 9VAC5-85-30, 9VAC5-85-50). 

Statutory Authority: § 10.1-1308 of the Code of Virginia. 

Effective Date: November 9, 2011. 

Agency Contact: Karen G. Sabasteanski, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4426, or email 

karen.sabasteanski@deq.virginia.gov. 

Summary:

On July 20, 2011 (76 FR 43490), the U.S. Environmental 

Protection Agency (EPA) promulgated final amendments 

to its regulations for permitting of greenhouse gases 

(GHGs). The purpose of the regulatory changes is to defer, 

for a three-year period, the application of the Prevention 

of Significant Deterioration (PSD) and Title V permitting 

requirements to carbon dioxide (CO2) emissions from 

bioenergy and other biogenic stationary sources in order 

for EPA to conduct a detailed examination of the science 

associated with biogenic CO2. The amendments affect the 

PSD NSR regulations in 40 CFR 51.166 by revising the 

definition of "subject to regulation." Because Virginia has 

the authority to directly implement federal PSD 

regulations as long as its rules are at least as protective as 

the federal, the corresponding Virginia regulation must be 

revised accordingly when a final federal rule is 

promulgated. The amendments also affect the federal 

operating permit (Title V) regulations in 40 CFR Part 70 

by revising the definition of "subject to regulation." 

Virginia's federal operating permit regulations are 

federally approved, and must be revised accordingly when 

a final federal rule is promulgated.

9VAC5-85-30. 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 9VAC5-80-60 (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) or 9VAC5-80-5 

(Definitions), or commonly ascribed to them by recognized 

authorities, in that order of priority. 

C. Terms defined. 

"Greenhouse gases (GHGs)" means the aggregate group of 

six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur 

hexafluoride. 

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"Major stationary source" means, in lieu of subdivision b in 

the definition of "major source" 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 tpy 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 purposes of § 302(j) of the federal 

Clean Air Act, unless the source belongs to one of the 27 

categories of stationary sources 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 

administrator in Subchapter C of 40 CFR Chapter 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 that pollutant released from the regulated 

activity. The following exceptions shall apply: 

1. GHGs shall not be subject to regulation unless, as of 

July 1, 2011, the GHG emissions are at a stationary source 

emitting or having the potential to emit 100,000 tons per 

year (tpy) CO2 equivalent emissions (CO2e). 

2. The term "tpy CO2 equivalent emissions (CO2e)" shall 

represent an amount of GHGs emitted, and shall be 

computed by multiplying the mass amount of 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 

CO2e. 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 nonfossilized 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 nonfossilized and 

biodegradable organic fractions of industrial and municipal 

wastes, including gases and liquids recovered from the 

decomposition of nonfossilized and biodegradable organic 

material).

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 9VAC5-80-1615 (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) or 9VAC5-80-5 

(Definitions), or commonly ascribed to them by recognized 

authorities, in that order of priority. 

C. Terms defined. 

"Greenhouse gases (GHGs)" means the aggregate group of 

six greenhouse gases: carbon dioxide, nitrous oxide, methane, 

hydrofluorocarbons, perfluorocarbons, and sulfur 

hexafluoride. 

"Regulated NSR pollutant" means: 

1. 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 organic compounds and NOX are precursors for 

ozone); 

2. Any pollutant that is subject to any standard 

promulgated under § 111 of the federal Clean Air Act; 

3. Any class I or II substance subject to a standard 

promulgated under or established by Title VI of the federal 

Clean Air Act; or 

4. Any pollutant that otherwise is subject to regulation 

under the federal Clean Air Act as defined in the definition 

of "subject to regulation." 

5. Notwithstanding subdivisions 1 through 4 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 

pursuant 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 listed under § 108 of the federal Clean 

Air Act. 

"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 

administrator in Subchapter C of 40 CFR Chapter 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 that pollutant released from the regulated 

activity. The following exceptions shall apply: 

1. GHGs shall not be subject to regulation except as 

provided in subdivisions 4 and 5 of this definition. 

2. For purposes of subdivisions 3 through 5 of this 

definition, the term "tpy CO2 equivalent emissions 

(CO2e)" shall represent an amount of GHGs emitted, and 

shall be computed as follows: 

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a. Multiplying the mass amount of 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. 

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 nonfossilized 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 

nonfossilized and biodegradable organic fractions of 

industrial and municipal wastes, including gases and 

liquids recovered from the decomposition of 

nonfossilized and biodegradable organic material).

b. Sum the resultant value from subdivision a of this 

subdivision for each gas to compute a tpy CO2e. 

3. The term "emissions increase" as used in subdivisions 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 emissions increase shall be based on 

tpy CO2e, and shall be calculated assuming the pollutant 

GHGs is a regulated NSR pollutant, and "significant" is 

defined as 75,000 tpy CO2e 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 potential to emit 75,000 tpy 

CO2e 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 

CO2e or more. 

5. Beginning July 1, 2011, in addition 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 emit 100,000 tpy CO2e; or 

b. At an existing stationary source that emits or has the 

potential to emit 100,000 tpy CO2e, when such stationary 

source undertakes a physical change or change in the 

method of operation that will result in an emissions 

increase of 75,000 tpy CO2e or more. 

VA.R. Doc. No. R12-2912; Filed September 12, 2011, 3:50 p.m. 

Proposed Regulation 

REGISTRAR'S NOTICE: The State Air Pollution Control 

Board is claiming exemptions from §§ 2.2-4007 through 2.2-

4007.06, 2.2-4013, 2.2-4014, and 2.2-4015 of the 

Administrative Process Act. Sections 2.2-4007.07, 2.2-4013 

E, 2.2-4014 D, and 2.2-4015 C of the Administrative Process 

Act provide that these sections shall not apply to the issuance 

by the State Air Pollution Control Board of variances to its 

regulations. 

Title of Regulation: 9VAC5-240. Variance for Open 

Burning (Revision I11) (repealing 9VAC5-240-10 through 

9VAC5-240-50). 

Statutory Authority: § 10.1-1307 of the Code of Virginia. 

Public Hearing Information:

November 9, 2011 - 10 a.m. - Department of 

Environmental Quality, 629 East Main Street, 2nd Floor 

Conference Room, Richmond, VA 

Public Comment Deadline: November 9, 2011. 

Agency Contact: Gary E. Graham, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 

698-4510, or email gary.graham@deq.virginia.gov. 

Summary:

This regulation created a variance to provide relief to 

Gloucester County residents from the regulatory seasonal 

restrictions on open burning. The variance expired on 

December 31, 2008; therefore, this chapter is being 

repealed.

VA.R. Doc. No. R12-2933; Filed September 20, 2011, 12:32 p.m. 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Forms 

Title of Regulation: 9VAC15-40. Small Renewable Energy 

Projects (Wind) Permit by Rule. 

Contact Information: Debra A. Miller, Policy Planning 

Specialist, Department of Environmental Quality, 629 East 

Main Street, Richmond, VA 23219, telephone (804) 698-

4206, FAX (804) 698-4346, or email 

debra.miller@deq.virginia.gov. 

NOTICE: The following forms used in administering the 

regulations were filed by the agency. The forms are not being 

published; however, online users of this issue of the Virginia 

Register of Regulations may click on the name to access a 

form. The forms are also available through the agency contact 

or at the Office of the Registrar of Regulations, General 

Assembly Building, 2nd Floor, Richmond, Virginia 23219. 

Volume 28, Issue 3 Virginia Register of Regulations October 10, 2011 

169