# 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 dr edging season of December 1, 2010 2011 , through March 31, 20 11 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B. The following regulations that pertain to the crab dredge fishery or activities associated with crab dredging are repealed: 4VAC20-40, "Pertaining to Crab Catch Limits" 4VAC20-90, "Pertaining to Dredging for Crabs" 4VAC20-270-30 C, Daily Time Limits, "Pertaining to Crabbing"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, Commerci al Licenses: Blue Crab Harvesting and Shedding Licens es--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.



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TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrativ e 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) prom ulgated 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 Deteriorati on (PSD) and Title V permitting requirements to carbon dioxide (CO 2 ) emissions from bioenergy and other biogenic stationary sources in order for EPA to conduct a detailed examination of the science associated with biogenic CO 2 . 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 ascrib ed to them by recognized authorities, in that order of priority.

C. Terms defined. "Greenhouse gases (GHGs)" m eans the aggregate group of six greenhouse gases: carbon diox ide, 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) CO 2 equivalent emissions (CO 2 e). 2. The term "tpy CO 2 equivalent emissions (CO 2 e)" shall represent an amount of GHGs emitted, and shall be computed by multiplying the mass amount of emissions (tpy), for each of the six gree nhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A-1 to Subpart A of 40 CFR Part 98, and summing the resultant value for each to compute a tpy CO 2 e. For purposes of this subdivision, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of 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 ascrib ed to them by recognized authorities, in that order of priority.

C. Terms defined. "Greenhouse gases (GHGs)" m eans the aggregate group of six greenhouse gases: carbon diox ide, 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 NO X 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 ai r 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 (CO 2 e)" shall represent an amount of GHGs emitted, and shall be computed as follows:

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a. Mu ltiplying the mass amount of emissions (tpy), for each of the six greenhouse ga ses 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 ga s to compute a tpy CO 2 e.
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 CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy CO 2 e instead of applying the value in subdivision b of the definition of "significant" in 9VAC5-80-1615 C. 4. Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

a. The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO 2 e or more; or b. The stationary source is an existing major stationary source for a regulated NSR po llutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissi ons increase of 75,000 tpy CO 2 e 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 CO 2 e; or b. At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO 2 e 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. Vari ance for Open Burning (Revision I11) (rep ealing 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 availa ble through the agency contact or at the Office of the Registrar of Regulations, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

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