Molly Joseph Ward Secretary of Natural Resources 

# COMMONWEALTH ofVIRGINIA

DEPARTMENT OF ENVIRONMENTAL QUALITY Street address : 629 East Main Street, Richmond, Virginia 23219

Mailing address : P

. O

. Box 1105
, Richmond, Virginia 23218 TDD (804) 698-4021 www.deq. virginia

. gov



# MAY 22 Z014

Diana Esher, Director Air Protection Division (3APOO) U.S. Environmental Protection Agency, Region III 1650 Arch Street Philadelphia, Pennsylvania 19103-2029 Dav id K

. Paylor Director

(804) 698-4020 1 -800

- 592-5482



## Reference: Definition ofVolatile Organic Compound (Revision D13)

Dear Ms. Esher:

Pursuant to the requirements of § 11 0 of the C lean Air Act, we are officially requesting approval of a revision to the Commonwealth of VIrginia State Implementation Plan approved and submitted under the authority of§ 10.1-1185 of the Code ofVirginia and in accordance with the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans).

This revision amends the definition of volatile organic compound (VOC) to add HCFzOCFzH 

## (HFE-134); HCFzOCFzOCFzH 

## (HFE-236cal2); HCFzOCF2CFzOCFzH 

## (HFE338pcc13); and HCFzOCFzOCFzCFzOCF2H 

## (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)) to the list of substances that are not considered to be VOCs in order to be consistent with the U.S. Environmental Protection Agency (EPA) definition as amended on February 12, 2013 (78 FR 9823). Additionally, EPA corrected the citation for 1,1,1,2,2,3,4,5,5,5-deca:fluoro-3- methoxy-4-trifluoromethyl-pentane (HFE

- 7300). The regulation amendments were adopted by the State 

## Air Pollution Control Board on June 21, 2013 under the authority of§ 10.1-1308 of the Code ofVirginia.

## Enclosed are the following:

1. A true copy of the official regulation (Revision D13) which was published in the Virginia Register of Regulations on February 10, 2014 after being duly adopted by the State Air Pollution Control Board on June 21, 2013, certified by the Office of the Attorney General as within the Board's statutory authority on June 26, 2013 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 January 10, 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\NONATTN PLANS\2014\DB-SIP.DOC

Enclosures 

## 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 D13 CONCERNING

DEFINITION OF VOC (9VAC5 CHAPTER 10)
Adoption Date: June 21, 2013 Effective Date: March 27, 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 submitted for approval and incorporation by reference into the Virginia SIP is included in Enclosure 2.

CHAPTER 10 GENERAL DEFINITIONS

9VAC5

- 10

- 20 Terms defined

Modified

- volatile organic compound

TEMPLATES\SIP

- REG \ REG01 SIP\NONATTN PLANS\2014\ D13

- SIP

- 1.DOC

### COMMONWEALTH OF VIRGINIA PAGE 1 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## 9VAC5 CHAPTER 10. GENERAL DEFINITIONS.

9VAC5

- 10

-20. Terms defined.
"Actual emissions rate" means the actual rate of emissions of a pollutant from an emissions unit. In general actual emissions shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during the most recent two

-year period or some other two

-year period which is representative of normal source operation. If the board determines that no two

-year period is representative of normal source operation, the board shall allow the use of an alternative period of time upon a determination by the board that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

"Administrator" means the administrator of the U.S. Environmental Protection Agency (EPA) or an authori zed representative.
"Affected facility" means, with reference to a stationary source, any part, equipment, facility, installation, apparatus, process or operation to which an emission standard is applicable or any other facility so designated. The term “affected facility” includes any affected source as defined in 40 CFR 63.2.
"Air pollution" means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety; to animal or plant life; or to property; or which unreasonably interfere with the enjoyment by the people of life or property.
"Air quality" means the specific measurement in the ambient air of a particular air pollutant at any given time.
"Air quality control re gion" means a ny area designated as such in 9VAC5

- 20

-200.
"Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of the board , in specific cases, to produce results adequate for its determination of compliance.
"Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.

### COMMONWEALTH OF VIRGINIA PAGE 2 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## "Ambient air quality standard" means any primary or secondary standard designated as such in 9VAC5

- 30 (Ambient Air Quality Standards)

. "Board" means the State Air Pollution Control Board or its designated representative.
"Class I area" means any prevention of significant deterioration area (i) in which virtually any deterioration of existing air quality is considered significant a nd (ii) designated as such in 9VAC 5

-20

-205.
"Class II area" means any prevention of significant deterioration area (i) in which any deterioration of existing air quality beyond that normally accompanying well

- controlled growth is considered significant a nd (ii) designated as such in 9VAC5

-20

- 205.
"Class III area" means any prevention of significant deterioration area (i) in which deterioration of existing air quality to the levels of the ambient air quality standards is permitted and (ii) designated as such in 9VAC5

-20

-205.
"Continuous monitoring system" means the total equipment used to sample and condition (if applicable), to analyze, and to provide a permanent co ntinuous record of emissions or process parameters.
"Control program" means a plan formulated by the owner of a stationary source to establish pollution abatement goals, including a compliance schedule to achieve such goals. The plan may be submitted vo luntarily, or upon request or by order of the board, to ensure compliance by the owner with standards, policies and regulations adopted by the board. The plan shall include system and equipment information and operating performance projections as required by the board for evaluating the probability of achievement. A control program shall contain the following increments of progress:

1. The date by which contracts for emission control system or process modifications are to be awarded, or the date by whic h orders are to be issued for the purchase of component parts to accomplish emission control or process modification.

2. The date by which the on

- site construction or installation of emission control equipment or process change is to be initiated.

3. The date by which the on

- site construction or installation of emission control equipment or process modification is to be completed.

### COMMONWEALTH OF VIRGINIA PAGE 3 of 1 8 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## 4. The date by which final compliance is to be achieved.
"Criteria pollutant" means any pollutant for which an am bient air quality standard is established under 9VAC5

- 30 (Ambient Air Quality Standards)

. "Day" means a 24

- hour period beginning at midnight.
"Delayed compliance order" means any order of the board issued after an appropriate hearing to an owner which postpones the date by which a stationary source is required to comply with any requirement contained in the applicable implementation plan.
"Department" means any employee or other representative of the Virginia Department of Environmental Quality , as designated by the director.
"Director" or "executive director" means the director of the Virginia Department of Environmental Quality or a designated representative.
"Dispersion technique"

1. Means any technique which attempts to affect the concentration of a pollutant in the ambient air by:

a. Using that portion of a stack which exceeds good engineering practice stack height;

b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentration s of that pollutant; or

c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.

2. The preceding sentence does not include:

a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream;

b. The merging of exhaust gas streams where:
(1) The owner demonstrates that the facility was

### COMMONWEALTH OF VIRGINIA PAGE 4 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)


## originally designed and constructed with such merged gas streams;
(2) After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the defini tion of "dispersion techniques" shall apply only to the emission s limitation for the pollutant affected by such change in operation; or
(3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission s limitation or, in the event that no emission s limitation was in existence prior to the merging, an increase in th e quantity of pollutants actually emitted prior to the merging, the board shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the owner that merging was not significantly motivated by such intent, the board shall deny credit for the effects of such merging in calculating the allowable emissions for the source;

c. Smoke management in agricultural or silvicultural prescribed burning programs;

d. Episodic restrictions on residential woodburning and open burning;
or

e. Techniques under subdivision 1 c of this definition which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.
"Emergency" means a situation that immediately and unreasonably affects, or has the potential to immediately and unreasonably affect, public health, safety or welfare; the health of animal or plant life; or property, whether used for recreational, commercial, industrial, agricultural or other reasonable use.

"Emission s limitation" means any requirement established by the board which limits the quantity, rate, or concentration of continuous emissions of air pollutants, including any requ irements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures to assure continuous emission reduction.
"Emission standard" means any provision of 9VAC5

- 40 (Existing Stationary S ources), 9VAC5

- 50 (New and Modified Stationary Sources), or 9VAC5

- 60 (Hazardous

### COMMONWEALTH OF VIRGINIA PAGE 5 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)


## Air Pollutant Sources) which prescribes an emissions limitation, or other requirements that control air pollution emissions

. "Emissions unit" means any part of a stationary source which emits or would have the potential to emit any air pollutant.
"Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated to the satisfaction of the board to have a consistent and quantitat ive relationship to the reference method under specified conditions.
"EPA" means the U.S. Environmental Protection Agency or an authorized representative.
"Excess emissions" means emissions of air pollutant in excess of an emission standard.

"Exce ssive concentration" is defined for the purpose of determining good engineering practice (GEP) stack height under subdivision 3 of the GEP definition and
means:

1. For sources seeking credit for stack height exceeding that established under subdivision 2 of the GEP definition, a maximum ground

- level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to the provisions of Article 8 (9VAC5

- 80

- 1605 et seq.) of Part II of 9VAC5

- 80 (Permits for Stationary Sources) , an excessive concentration alternatively means a maximum ground

- level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of s ignificant deterioration increment. The allowable emission rate to be used in making demonstrations under this provision shall be prescribed by the new source performance standard that is applicable to the source category unless the owner demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the board, an alternative emission rate shall be established in consultation with the owner;

2. For sources seeking credit after October 11, 1983, for increases in

### COMMONWEALTH OF VIRGINIA PAGE 6 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)


## existing stack heights up to the heights established under subdivision 2 of the GEP definition, either (i) a maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects as provided in subdivision 1 of this definition, except that the em ission rate specified by any applicable implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, or (ii) the actual presence of a local nuisance caused by the existing stack, as determined by the board; and

3. For sources seeking credit after January 12, 1979, for a stack height determined under subdivision 2 of the GEP definition where the board requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subdivision 2 of the GEP definition, a maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects that is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

"Existin g source" means any stationary source other than a new source or modified source.
"Facility" means something that is built, installed or established to serve a particular purpose; includes, but is not limited to, buildings, installations, public works, businesses, commercial and industrial plants, shops and stores, heating and power plants, apparatus, processes, operations, structures, and equipment of all types.

"Federal Clean Air Act" means Chapter 85 (§7401 et seq.) of Title 42 of the United States Code

. "Federally enforceable" means all limitations and conditions which are enforceable by the administrator and citizens under the federal Clean Air Act or that are enforceable under other statutes administered by the administrator. Federally enforce able limitations and conditions include, but are not limited to, the following:

1. Emission standards, alternative emission standards, alternative emission s limitations, and equivalent emission s limitations established pursuant to § 112 of the federal Clean Air Act as amended in 1990.

2. New source performance standards established pursuant to § 111 of the federal Clean Air Act, and emission standards established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.

### COMMONWEALTH OF VIRGINIA PAGE 7 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## 3. Al l terms and conditions in a federal operating permit, including any provisions that limit a source's potential to emit, unless expressly designated as not federally enforceable.

4. Limitations and conditions that are part of an implementation plan.

5. Limitations and conditions that are part of a section 111(d) or section 111(d)/129 plan.

6. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51.

7. Limitations and conditions that are part of an operating permit issued pursuant to a program approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal enforceability, inc luding adequate notice and opportunity for EPA and public comment prior to issuance of the final permit and practicable enforceability.

8. Limitations and conditions in a Virginia regulation or program that has been approved by EPA under subpart E of 4 0 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federal Clean Air Act.

9. Individual consent agreements issued pursuant to the legal authority of EPA.
"Good engineering practice" or "GEP," with reference to the height of th e stack, means the greater of:

1. 65 meters, measured from the ground

- level elevation at the base of the stack;

2. a. For stacks in existence on January 12, 1979, and for which the owner had obtained all applicable permits or approvals required und er 9VAC5

- 80 (Permits for Stationary Sources)
, Hg = 2.5H,
provided the owner produces evidence that this equation was actually relied on in establishing an emission s limitation;

b For all other stacks,

### COMMONWEALTH OF VIRGINIA PAGE 8 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## Hg = H + 1.5L,

where:
Hg = good engineering practice stack height, measured from the ground

- level elevation at the base of the stack,

H = height of nearby structures measured from the ground

- level elevation at the base of the stack,

L = lesser dimension, height or projected width , of nearby structures provided that the board may require the use of a field study or fluid model to verify GEP stack height for the source; or

3. The height demonstrated by a fluid model or a field study approved by the board, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features.
"Hazardous air pollutant" means an air pollutant to which no ambient air quality standard is applicable and which in the judgment of the administrator causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.
"Implementation plan" means the portion or portions of the state implementation plan, or the most recent revision thereof, which has been approved under § 110 of the federal Clean Air Act, or pro mulgated under § 110(c) of the federal Clean Air Act, or promulgated or approved pursuant to regulations promulgated under § 301(d) of the federal Clean Air Act and which implements the relevant requirements of the federal Clean Air Act.

"Initial emissi on test" means the test required by any regulation, permit issued pursuant to 9VAC5

- 80 (Permits for Stationary Sources)
, control program, compliance schedule or other enforceable mechanism for determining compliance with new or more stringent emission stan dards or permit limitations or other emission s limitations requiring the installation or modification of air pollution control equipment or implementation of a control method. Initial emission tests shall be conducted in accordance with 9VAC5

-40

- 30.

### COMMONWEALTH OF VIRGINIA PAGE 9 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## "In itial performance test" means the test required by (i) 40 CFR Part 60 for determining compliance with standards of performance, or (ii) a permit issued pursuant to 9VAC5

- 80 (Permits for Stationary Sources) for determining initial compliance with permit lim itations. Initial performance tests shall be conducted in accordance with 9VAC5

- 50

- 30 and 9VAC5

- 60

- 30.
"Isokinetic sampling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stre am at the sample point.
"Locality" means a city, town, county or other public body created by or pursuant to state law.
"Maintenance area" means any geographic region of the United States previously designated as a nonattainment area and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan and designated as such in 9VAC5

-20

-203.
"Malfunction" means any sudden failure of air pollution control equipment, of process equipment, or of a process to operate in a normal or usual manner, which failure is not due to intentional misconduct or negligent conduct on the part of the owner or other person. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.
"Metropolitan statistical area" means a ny area designated as such in 9VAC5

-20

-202.
"Monitoring device" means the total equipment used to measure and record (if applicable) process parameters.
"Nearby" as used in the definition of good engineering practice (GEP) is defined for a specific structure or terrain feature and:

1. For purposes of applying the formulae provided in subdivision 2 of the GEP definition means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 kilometers (1/2 mile); and

2. For conducting demonstrations under subdivision 3 of the GEP definition means not greater than 0.8 kilometers (1/2 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (Ht) of the feature, not to exceed two miles if such feature achieves a height (Ht) 0.8 kilometers from the stack that is at least 40% of the GEP stack

### COMMONWEALTH OF VIRGINIA PAGE 10 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)


## height determined by the formulae provided in subdivision 2 b of the GEP definition or 26 meters, whichever is greater, as measured from the ground

- level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground

- level elevation at the base of the stack.
"Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in 40 CFR Part 60.
"Nonattainment area" means any area which is shown by air quality monitoring data or, where such data are not availa ble, which is calculated by air quality modeling (or other methods determined by the board to be reliable) to exceed the levels allowed by the ambient air quality standard for a given pollutant including, but not limited to, areas designated as such in 9VAC5

-20

-204.
"One hour" means any period of 60 consecutive minutes.

"One

- hour period" means any period of 60 consecutive minutes commencing on the hour.
"Organic compound" means any chemical compound of carbon excluding carbon monoxide, carbon dioxi de, carbonic disulfide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate.
"Owner" means any person, including bodies politic and corporate, associations, partnerships, personal representatives, trustees and committees, as wel l as individuals, who owns, leases, operates, controls or supervises a source.
"Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.

"Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by the applicable reference method, or an equivalent or alternative method.

"PM 10 

## " means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by the applicable reference method or an equivalent method.

"PM 10 

## emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 mic rometers emitted to the ambient air as measured by the applicable reference method, or an equivalent or alternative method.

### COMMONWEALTH OF VIRGINIA PAGE 11 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## "Performance test" means a test for determining emissions from new or modified sources.
"Person" means an individual, corporat ion, partnership, association, a governmental body, a municipal corporation, or any other legal entity.
"Pollutant" means any substance the presence of which in the outdoor atmosphere is or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interferes with the enjoyment by the people of life or property.
"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or its effect on emissions is state and federally enforceable.
"Prevention of significant deterioration area" means any area not designated as a nonattainment area in 9VAC5

-20

-204 for a particular pollutant and designated as such in 9VAC 5

-20

-205.
"Proportional sampling" means sampling at a rate that produces a constant ratio of sampling rate to stack gas flow rate.
"Public hearing" means, unless indicated otherwise, an informal proceeding, si milar to that provided for in § 2.2

-4007 .02 of the Administrative Process Act, held to afford persons an opportunity to submit views and data relative to a matter on which a decision of the board is pending.
"Reference method" means any method of sampli ng and analyzing for an air pollutant as described in the following EPA regulations:

1. Fo r ambient air quality standards in 9VAC5

- 30 (Ambient Air Quality Standards) : the applicable appendix of 40 CFR Part 50 or any method that has been designated as a reference method in accordance with 40 CFR Part 53, except that it does not include a method for which a reference designation has been canceled in accordance with 40 CFR 53.11 or 40 CFR 53.16;

2. For emission standards in 9VAC5

- 40 (Existing Stationary Sources) and 9VAC5

- 50 (New and Modified Stationary Sources) : Appendix M of 40

### COMMONWEALTH OF VIRGINIA PAGE 12 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)


## CFR Part 51 or Appendix A of 40 CFR Part 60; or

3. For emission standards in 9VAC5

- 60 (Hazardous Air Pollutant Sources) : Appendix B of 40 CFR Part 61 or Appendix A of 40 CFR Part 63.
"Regional director" means the regional director of an administrative region of the Department of Environmental Quality or a designated representative.
"Regulation of the board" means any regulation adopted by the State Air Pollution Cont rol Board under any provision of the Code of Virginia.
"Regulations for the Control and Abatement of Air Pollution" means 9VAC5

- 10 (General Definitions) through 9VAC5

- 80 (Permits for Stationary Sources)

. "Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids except liquefied petroleum gases as determined by American Society for Testing and Materials publication, “ Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method) ” (see 9VAC5

-20

-21).
"Run" means the net period of time during which an emission sample is collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice.
"Section 111(d) plan" mea ns the portion or portions of the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with § 111(d)(1) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with § 111(d)(2) of t he federal Clean Air Act, and which implements the relevant requirements of the federal Clean Air Act.
"Section 111(d)/129 plan" means the portion or portions of the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b ) in accordance with §§ 111(d)(1) and 129(b)(2) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with §§ 111(d)(2) and 129(b)(3) of the federal Clean Air Act, and which implements the relevant requirements of the federal Cle an Air Act.
"Shutdown" means the cessation of operation of an affected facility for any purpose.
"Source" means any one or combination of the following: buildings, structures, facilities, installations, articles, machines, equipment, landcraft, watercraft, aircraft or other contrivances which contribute, or may contribute, either directly or

### COMMONWEALTH OF VIRGINIA PAGE 13 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)


## indirectly to air pollution. Any activity by any person that contributes, or may contribute, either directly or indirectly to air pollution, including, but not li mited to, open burning, generation of fugitive dust or emissions, and cleaning with abrasives or chemicals.
"Stack" means any point in a source designed to emit solids, liquids or gases into the air, including a pipe or duct, but not including flares.

"Stack in existence" means that the owner had:

1. Begun, or caused to begin, a continuous program of physical on site construction of the stack; or

2. Entered into binding agreements or contractual obligations, which could not be canceled or modi fied without substantial loss to the owner, to undertake a program of construction of the stack to be completed in a reasonable time.
"Standard conditions" means a temperature of 20 **°** C (68 **°** F) and a pressure of 760 millimeters of Hg (29.92 inches of Hg).
"Standard of performan ce" means any provision of 9VAC5

- 50 (New and Modified Stationary Sources wh ich prescribes an emission s limitation or other requirements that control air pollution emissions.
"Startup" means the setting in operation of an affecte d facility for any purpose.

"State enforceable" means all limitations and conditions which are enforceable by the board or department, including, but not limited to, those requirements developed pursuant to 9VAC5

-20

- 110, requirements within any applicab le regulation, order, consent agreement or variance, and any permit requirements established pursuant to 9VAC5

- 80 (Permits for Stationary Sources)

. "State Implementation Plan" means the plan, including the most recent revision thereof, which has been ap proved or promulgated by the administrator, U.S. Environmental Protection Agency, under § 1 10 of the federal Clean Air Act, and which implements the requirements of § 110.
"Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant. A stationary source shall include all of the pollutant

- emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the sa me person (or persons under common control) except the activities of any vessel.

### COMMONWEALTH OF VIRGINIA PAGE 14 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## Pollutant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the same two

- digit code) as described in the Standard Industrial Classification Manual (see 9VAC5

-20

-21).
"These regulations" means 9VAC5

- 10 (General Definitions) through 9VAC5

- 80 (Permits for Stationary Sources)

. "Total suspended particulate (TSP)" means particulate matter as measured by the reference method described in Appendix B of 40 CFR Part 50.
"True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute (API) publication, “Evaporative Loss from Floating

- Roof Tanks” (see 9VAC5

-20

-21). The API procedure may not be applicable to some high viscosity or high pour crudes. Available estimates of true vapor pressure may be used in special cases such as these.
"Urban area" means any area consisting of a core city with a population of 50,000 or more plus any surrounding localities with a population density of 80 persons per square mile and designated as such in 9VAC5

-20

-201.
"Vapor pressure," except where spec ific test methods are specified, means true vapor pressure, whether measured directly, or determined from Reid vapor pressure by use of the applicable nomograph in American Petroleum Institute publication, “Evaporative Loss from Floating

- Roof Tanks” (see 9VAC5

-20

-21).
"Virginia Air Pollution Control Law" means Chapter 13 (§ 10.1

- 1300 et seq.) of Title 10.1 of the Code of Virginia.
"Volatile organic compound" mean s any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metal lic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.

1. This includes any such organic compounds which have been determined to have negligible photochemical reactivity other than the following:

a. Methane;

b. Ethane;

c. Methylene chloride (dichloromethane);

### COMMONWEALTH OF VIRGINIA PAGE 15 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## d. 1,1,1

-trichloroethane (methyl chloroform);

e. 1,1,2

-trichloro

- 1,2,2

-trifluoroethane (CFC

- 113);

f. Trichlorofluoromethane (CFC

- 11);

g. Dichlorodifluorometh ane (CFC

- 12);

h. Chlorodifluoromethane (HCFC

- 22);

i. Trifluoromethane (HFC

- 23);
j. 1,2

- dichloro 1,1,2,2,

-tetrafluoroethane (CFC

- 114);

k. Chloropentafluoroethane (CFC

- 115);

l. 1,1,1

-trifluoro 2,2

- dichloroethane (HCFC

- 123);

m

. 1 ,1,1,2

-tetrafluoroethane (HFC

- 134a);

n. 1,1

- dichloro 1

-fluoroethane (HCFC

- 141b);

o. 1

- chloro 1,1

- difluoroethane (HCFC

- 142b);

p. 2

- chloro

- 1,1,1,2

-tetrafluoroethane (HCFC

- 124);

q. Pentafluoroethane (HFC

- 125);

r. 1,1,2,2

-tetrafluoroethane (HFC

- 134);

s. 1,1,1

-trifluoroethane (HFC

- 143a);

t. 1,1

- difluoroethane (HFC

- 152a);

u. Parachlorobenzotrifluoride (PCBTF);

v. Cyclic, branched, or linear completely methylated siloxanes;

w. Acetone;

x. Perchloroethylene (tetrachloroethylene);

### COMMONWEALTH OF VIRGINIA PAGE 16 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## y. 3,3

- dichloro

- 1,1,1,2,2

- pentafluoropropane (HCFC

- 225ca);

z. 1,3

- dichloro

- 1,1,2,2,3

- pentafluoropropane (HCFC

- 225cb);

aa. 1,1,1,2,3,4,4,5,5,5

- decafluoropentane (HFC 43

- 10mee);

bb. Difluoromethane (HFC

- 32);

cc. Ethylfluoride (HFC

- 161);

dd. 1,1,1,3,3,3

- hexafluoropropane (HFC

- 236fa);

ee. 1,1,2,2,3

- pentafluoropropane (HFC

- 245ca);

ff. 1,1,2,3,3

- pentafluoropropane (HFC

- 245ea);

gg

. 1,1,1,2,3

- pentafluoropropane (HFC

- 245eb);

hh

. 1,1,1,3,3

- pentafluoropropane (HFC

- 245fa);

ii. 1,1,1,2,3,3

- hexafluoropropane (HFC

- 236ea);
jj. 1,1,1,3,3

- pentafluorobutane (HFC

- 365mfc);

kk

. Chlorofluoromethane (HCFC

- 31);

ll. 1 chloro

- 1

-fluoroethane (HCFC

- 151a);

mm. 1,2

- dichloro

- 1,1,2

-trifluoroethane (HCFC

- 123a);

nn. 1,1,1,2,2,3,3,4,4

- nonafluoro

- 4

- methoxy

- butane (C 4 

## F 9 

## OCH 3 

## or HFE

- 7100);

oo. 2

- (difluoromethoxymethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3

## ) 2 

## CFCF 2 

## OCH 3

## );

pp. 1

- ethoxy

- 1,1,2,2,3,3,4,4,4

- nonaf luorobutane (C 4 

## F 9 

## OC 2 

## H 5 

## or HFE

- 7200);

qq. 2

- (ethoxydifluoromethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3

## ) 2 

## CFCF 2 

## OC 2 

## H 5 

## );

### COMMONWEALTH OF VIRGINIA PAGE 17 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## rr. Methyl acetate;

ss. 1,1,1,2,2,3,3

- heptafluoro

- 3

- methoxy

- propane (n

C 3 

## F 7

## OCH 3

## ) (HFE

- 7000);

tt. 3

- ethoxy

- 1,1,1,2,3,4,4,5,5,6,6,6

- dodecafluoro

- 2

- (trifluoromethyl) hexane (HFE

- 7500);

uu. 1,1,1,2,3,3,3

- heptafluoropropane (HFC 227ea);

vv. methyl formate (HCOOCH 3

## );

ww. (1) 1,1,1,2,2,3,4,5,5,5

- decafluoro

- 3

- methoxy

- 4

- trifluoromethyl

- pentane (HFE

- 7300);
xx. propylene carbonate;
yy. dimethyl carbonate; and

zz

. reserved;

aaa. HCF 2 

## OCF 2 

## H (HFE

- 134);

bbb . HCF 2 

## OCF 2 

## OCF 2 

## H (HFE

- 236cal2);

ccc . HCF 2 

## OCF 2 

## CF 2 

## OCF 2 

## H (HFE

- 338pcc13);

ddd . HCF 2 

## OCF 2 

## OCF 2 

## CF 2 

## OCF 2 

## H (H

- Galden 1040x or H

Galden ZT 130 (or 150 or 180)); and

eee

. Perfluorocarbon compounds which fall into these classes:
(1) Cyclic, branched, or linear, completely fluorinated alkanes;
(2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;
(3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

### COMMONWEALTH OF VIRGINIA PAGE 18 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)



## (4) Sulfur containing perfluorocarbons with no unsaturations an d with sulfur bonds only to carbon and fluorine.

2. For purposes of determining compliance with emissions standards, volatile organic compounds shall be measured by the appropriate reference method in accordance with the provisions of 9VAC5

- 40

- 30 or 9VAC5

- 50

- 30, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly

- reactive compounds may be excluded as a volatile organic compound if the amount of such compounds is accurately quantified, and such exclusion is approved by the board.

3. As a precondition to excluding these compounds as volatile organic compounds or at any time thereafter, the board may require an owner to provide monitoring or testing methods and results demonstrating, to the satisfaction of the board, the amount of negligibly

- reactive compounds in the emissions of the source.

4. Exclusion of the above compounds in this definition in effect exempts such compounds from the provisions of emission standards for volatile organic compounds. The compounds are exempted on the basis of being so inactive that they will not contribute significantly to the formation of ozone in the troposphere. However, this exemption does not extend to other properties of the exempted compounds wh ich, at some future date, may require regulation and limitation of their use in accordance with requirements of the federal Clean Air Act.

5. The following compound is a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersi on modeling and inventory requirements which apply to VOCs and shall be uniquely identified in emission reports, but is not a VOC for purposes of VOC emission s standards, VOC emission limitations, or VOC content requirements: t

- butyl acetate.

"Welfare" means that language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation, manmade materials, animals, wildlife, weather, visibility and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well

- being.

REG\DEV \D13

- 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 acti vities 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 April 21 to May 21 , 2014

. As required by 40 CFR Part 51.102 (a) and (d)(1) and (2), the public was given notice of the public comment period in the Virginia Register of Regulations , along wit h the location of the proposal for public inspection, on April 2 , 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, we re 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
As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation amendments were published in the Virginia Register of Regulations on February 10, 2014 after being duly adopted by the State Air Pollution Control Board on June 21, 2013 , certified by the Office of the Attorney General as within the Board’s statutory auth ority on June 26, 2013 and 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 January 10, 2014
, providing the evidence required by Section 2.1(b) and (e) of Appendix V of 40 CFR Part 51. 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 Common wealth of Virginia State Implementation Plan is attached, along with the effective date of March 27, 2014

.

SIP\NONATTN PLANS\2014\ D13

- SIP

- 2.DOC

# GENERAL NOTICES/ERRATA

Volume 30, Issue 17 Virginia Register of Regulations April 21, 2014
2298 GENERAL NOTICES/ERRATA 

### STATE AIR POLLUTION CONTROL BOARD Notice of Periodic and Small Business Impact

Review Pursuant to Executive Order 14 (2010) and §§ 2.2

-4007.1 and 2.2

-4017 of the Code of Virginia, the Department of Environmental Quality on behalf of the State Air Pollution Control Board is conducting a periodic review and small business impact review of 9VAC5

- 210, Regulation for Dispute Resolution. The review of this regulation will be guided by the principles in Executive Order 14 (2010). 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 on April 21, 2014, and ends May 12, 2014. Comments may be submitted to Debra A. Harris, Planning and Policy Specialist, Office of Regulatory Affairs, Department of Environmental Quality, 629 East Main Street, Richmond, VA 23219, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

-4209, FAX (804) 698

-4019, or email debra.harris@deq.virginia.gov. Alternatively, comments may be submitted online to the Virginia Regulatory Town Hall at http://townhall.virginia.gov/L/Forums.cfm.
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. Proposed State Implementation Plan Revision

- Definition of Volatile Organic Compound 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 promulg ated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation to the EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the Act. Regulations affected: The regulation of the board affected by this action is 9VAC5

- 10, General Definitions (Revision D13). 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: April 21, 20 14, to May 21, 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 th e 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 : Because the regulation amendments have been adopted by the board in accordance with the Administrative Process Act and have subsequently become effective, 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 will consist of amendments to an existing regulation concerning the definition of volatile organic compound (VOC). On February 12, 2013 (78 FR 9823), EPA revised the definiti on of VOC in 40 CFR 51.100 to exclude HCF2OCF2H (HFE

- 134); HCF2OCF2OCF2H (HFE

- 236cal2); HCF2OCF2CF2OCF2H (HFE

- 338pcc13); and HCF2OCF2OCF2CF2OCF2H (H

Galden 1040x or H

- Galden ZT 130 (or 150 or 180)) from the definition of VOC. These exclusions are accomplis hed by adding the substances to a list of substances not considered to be a VOC. Additionally, EPA corrected the citation for 1,1,1,2,2,3,4,5,5,5

- decafluoro

- 3

- methoxy

-4

-trifluoromethyl

pentane (HFE

- 7300). The state definition has been revised accordingly. 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 und er § 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

# General Notices/Errata

Volume 30, Issue 17 Virginia Register of Regulations April 21, 2014
2299 

### 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 named bel ow. 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

-4000; 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. Contact Information: 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, or email karen.sabasteanski@deq.virginia.gov.
DEPARTMENT OF ENVIRONMENTAL QUALITY Total Maximum Daily Load Implementation Plan for t he Buffalo (North and South Forks), Cedar, and Colliers Creek Watersheds in Rockbridge County The Department of Environmental Quality (DEQ) seeks written and oral comments from interested persons on the development of a total maximum daily load (TMDL) implementation plan for the Buffalo (North and South Forks), Cedar, and Colliers Creek watersheds in Rockbridge County. These creeks were first listed as impaired on the Virginia's 303(d) TMDL Priority List and Report due to violations of the state's water quality standard for bacteria in 2002 (Cedar Creek), 2004 (Buffalo Creek, mainstem), 2006 (Colliers Creek), 2010 (South Fork Buffalo Creek), and 2012 (North Fork Buffalo Creek). The creeks have remained on the 303(d) list for these impairments since then. In addition, Colliers Creek was listed as impaired due to water quality violations of the general aquatic life (benthic) standard in 2010. The impaired segments of the North and South Forks of the Buffalo and Colliers Creek extend from the headwaters down to the confluence with the mainstem of Buffalo Creek, 7.28, 13.24, and 13.77 miles, respectively. The impaired segment of Buffalo Creek extends 15.51 miles downstream to its confluence with the Maury River. The impaired segment of Cedar Creek extends 11.49 miles from the headwaters to its confluence with the James River. Section 303(d) of the Clean Water Act and § 62.1

-44.19:7 C of the Code of Virginia require DEQ to develop TMDLs for pollutants responsible for each impaired water contained in Virginia's 303( d) TMDL Priority List and Report. In addition, § 62.1

-44.19:7 C of the Code of Virginia requires the development of an implementation plan (IP) for approved TMDLs. The IP should provide measurable goals and the date of expected achievement of water quality objectives. The IP should also include the corrective actions needed and their associated costs, benefits, and environmental impacts. Bacteria TMDLs were completed by DEQ for all of the creeks, and a benthic TMDL addressing sediment was completed for Colliers Creek. The TMDLs were submitted to the Environmental Protection Agency for approval on January 2, 2014. The TMDL report is available on the DEQ website at www.deq.virginia.gov/Programs/Water/Water QualityInformationTMDLs/TMDL/TMDLDevelopment/Draf tTMDLReports.aspx

. The first public meeting on the development of this TMDL implementation plan will be held on Thursday, May 8, 2 014, at 7 p.m. at the Effinger Fire Hall, 2824 Collierstown Road, Lexington, VA. The public comment period for the first public meeting will end on June 9, 2014. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to Nesha McRae, Department of Environmental Quality, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574

- 7850, or email nesha.mcrae@deq.virginia.gov.

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 April 1, 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 Regulation s, 201 North 9th Street, 2nd Floor, Richmond, VA. Director's Order Number Thirty

-Three (14) Virginia's Computer

- Generated Game "Pick 3" Final Rules for Game Operation (effective March 13, 2014, and shall remain in full force and effect unless amended or re scinded by further Director's Order. Upon the effective date, these rules shall supersede and replace any and all prior Virginia Lottery "Pick 3" game rules)

# Regulations



# • •

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD
Fast-Track Regulation
Title of Regulation: 9VAC5-10. General Definitions (Rev. D13) (amending 9VACS-10-20). Statutory Authority: § I 0

. 1- I 308 of the Code of Virginia ; federal Clean Air Act(§§ 110, I I I
, 123, 129, 171, 172, and 182) ; 40 CFR Parts 51 and 60

. Public Hearing Information : No public hearings are scheduled.
Public Comment Deadline: March 12,2014.
Effective Date: March 27
, 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

. Basis: Section 10.1-1308 of the Virginia Air Pollution Control La'W (Chapter 13 (§ I 0

. I -1300 et seq

. ) of Title 10.1 of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollution in order to protect public health and welfare. Written assurance from the Office of the Attorney General that the State Air Pollution Control Board possesses the statutory authority to promulgate the proposed regulation amendments is available upon request. Federal Requirements. Section I 09 (a) of the federal Clean Air Act requires the U.S. Environmental Protection Agency (EPA) to prescribe national ambient air quality standards (NAAQS) to protect public health. Section II 0 mandates that each state adopt and submit to EPA a state implementation plan (SIP) that provides for the implementation, maintenance, and enforcement of the NAAQS. Ozone
, one of the pollutants for which there is a NAAQS, is in part created by emissions ofVOCs. Therefore, in order to control ozone, VOCs must be addressed in Virginia's SIP.
40 CFR Part 51 sets out requirements for the preparation, adoption, and submittal of SIPs. Subpart F of Part 51, Procedural Requirements, includes § 51.100, which consists of a list of definitions. 40 CFR 5 I. I 00 contains a definition of VOC. This definition is revised by EPA to add or remove VOCs as necessary. If, for example, it can be demonstrated thata particular VOC is "negligibly reactive"--that is, if it can be shown that a VOC is not as reactive and therefore does not have a significant effect on ground-level or upper atmospheric ozone--then EPA may remove that substance from the definition of VOC. On February 12, 2013 (78 FR 9823)
, EPA revised the definition of VOC in 40 CFR 51.100 to exclude HCF 2 0CF 2 H (HFE-134); HCF 2 0CF 2 0CF 2 H (HFE-236ca12); HCF 2 0CFzCFzOCF 2 H (HFE-338pccl3); and HCFzOCFzOCFzCF 20CF 2 H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)) from the definition of VOC

. These exclusions are accomplished by adding the substances to a list of substances not considered to be a VOC. Additionally, EPA corrected the citation for I, I
, 1,2
, 2,3,4,5,5,5-decafluoro-3- methoxy-4-trifluoromethyl-pentane (HFE-7300). These changes to the exemption list became effective on March I 4, 2013.
State Requirements. These specific amendments are not required by state mandate. Rather
, Virginia's Air Pollution Control Law gives the State Air Pollution Control Board the discretionary authority to promulgate regulations "abating
, controlling and prohibiting air pollution throughout or in any part of the Commonwealth" (§ 10. I -1308 A of the Code of Virginia). The law defines such air pollution as "the presence in the outdoor atmosphere of one or more substances which

are or may be harmful or injurious to human health, welfare

or safety, to animal or plant life
, or to property , or which unreasonably interfere with the enjoyment by the people or life or property"(§ 10.1-1300 of the Code of Virginia). Purpose: The purpose of the regulation (general definitions) is
not to impose any regulatory requirements in and of itself, but
to provide a basis for and support to other provisions of the Regulations for the Control and Abatement of Air Pollution
, which are in place in order to protect public health and welfare. The proposed amendments are being made to ensure that the definition of VOC, which is crucial to most of the regulations, is up-to-date and scientifically accurate, as well

as consistent with the overall EPA requirements under which the regulations operate. Rationale for Using Fast- Track Process: The definition

. is being revised to add less-reactive substances to the list of compounds

. not considered to be VOCs and to make a correction. As discussed elsewhere, this revision is not expected to affect a significant number of sources or have any significant impact, other than a positive one , on air quality overall. Additionally, removal of the substances at the federal level was accompanied by detailed scientific review and public comment, and no negative comments were received during the federal public comment period. Therefore, no additional information on the reactivity of these substances or the appropriateness of their removal is anticipated.
Substance: The general definitions impose no regulatory requirements in and of themselves but provide support to other provisions of the Regulations for the Control and Abatement of Air Pollution

. The list of substances not considered to be VOCs in Virginia has been revised to include HCF 20CF 2 H (HFE

- 134); HCF 2 0CF 2 0CF 2 H (HFE236ca12); HCF 2 0CF 2 CF 2 0CF 2 H (HFE-338pcc 13); and HCF 2 0CF 2 0CF 2 CF 2 0CF 2 H (H-Galden I 040x or H-Galden

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1624

### ZT 130 (or 150 or 180)). A correction has also been made to I, I, 1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethylpentane (HFE-7300).
Issues: The general public health and welfare will benefit because the revision may encourage the use of the delisted substances in place of products containing more reactive and thereby more polluting substances. These substances are considered to be negligibly reactive in the formation of ground level ozone and are not expected to contribute to violations of the NAAQS. These substances are not hazardous air pollutants, and will not deplete upper atmosphere ozone. Therefore, these substances do not have a negative effect on human health or the environment. Excluding these substances as VOCs will make it easier and less expensive for industry to use them. Companies that use these substances in place of more reactive substances may also benefit by reducing their VOC emissions and concomitant reductions in permitting and other regulatory requirements.
The revision will allow the department to focus VOC reduction strategies on substances that have a negative impact

on human health and the environment.
There are no known disadvantages to the public, the department, or the Commonwealth. Department of Planning and Budget's Economic Impact Analysis: Summary of the Proposed Amendments to Regulation. The State Air Pollution Control Board (Board) proposes to revise the definition of volatile organic compound (VOC) to include HCF 2 

### 0CF 2

### l-I (HFE-134); HCF 2 

### 0CF 2 

### 0CF 2

### H (HFE-236cal2); HCF 2 

### 0CF 2 

### CF 2 

### 0CF 2 

### H (HFE-338pccl3); and HCF 2 

### 0CF 2 

### 0CF 2 

### CF 2 

### 0CF 2 

### H (H-Galden I 040x or H-Galden ZT 130 (or 150 or 180)) on the list of compounds not considered to be VOC.
Result of Analysis. The benefits likely exceed the costs for all proposed changes.
Estimated Economic Impact. The general definitions of 9V AC5-10 impose no regulatory requirements in and of themselves, but provide support to other Board regulations. The U.S. Environmental Protection Agency has revised the definition of VOC to add four compounds that have been demonstrated to be less reactive to the list of compounds that

are not considered to be VOCs: HCF 2 

### 0CF 2 

### H (HFE-134); HCF 2 

### 0CF 2 

### 0CF 2

### H (HFE-236cal2); HCF 2 

### 0CF 2 

### CF 2

### 0CF 2 

### H (HFE-338pcc13); and HCF 2

### 0CF 2

### 0CF 2 

### CF 2 

### 0CF 2 

### H (H-Galden l040x or H-Galden ZT 130 (or 150 or 180)). Consequently, the Board proposed to update the list of compounds not considered to be VOC.
These substances may be used in some heat transfer applications (as refi·igerants) and as fire suppressants. The Department of Environmental Quality is aware of only one manufacturer that produces these compounds. However, there

are no known sources located in Virginia that currently use 

# Regulations

these substances. There are sources that may someday eventually wish to use them; however, DEQ has not identified any specific sources that plan to do so. The general public health and welfare may benefit because the revision may encourage the use of these compounds in place of products containing more reactive, and thereby more polluting, substances. Due to their low photochemical reactivity, these compounds are considered to be negligibly reactive in the formation of tropospheric (ground level) ozone and are not expected to contribute to violations of the federal national ambient air quality standards. These compounds are not hazardous air pollutants, and will not deplete stratospheric (upper atmosphere) ozone. Therefore, they do not have a negative effect on human health or the environment. Excluding these compounds as a VOC will make them easier and less expensive for industry to use. Companies that use these compounds in place of more reactive substances may also benefit by reducing their VOC emissions and concomitant reductions in permitting and other regulatory requirements. Thus, the proposal to add these compounds to the list of substances not considered to be VOC will create a net benefit.
Businesses and Entities Affected. These four compounds may be used in some heat transfer applications (as refrigerants) and as fire suppressants. Consequently, the proposal to add them to the list of substances not considered to be VOC will potentially affect firms which may start manufacturing products that contain these compounds.
Localities Particularly Affected. The proposal to add four new compounds to the list of substances not considered to be VOC does not have a disproportionate effect on any particular localities. Projected Impact on Employment. The proposed amendment will not likely have a large impact on employment.
Effects on the Use and Value of Private Property. The proposal to add four new compounds to the list of substances
not considered to be VOC will have no immediate impact since currently there are no known firms located in Virginia that currently use these compounds. Adding these compounds
to the list of substances not considered to be VOC will make them less costly to use, which may encourage firms to start using them in production. Thus, the proposed amendment may eventually affect some firms' production methods, lower their costs, and consequently moderately increase firm value.
Small Businesses: Costs and Other Effects. The proposal to add four new compounds to the list of substances not considered to be VOC will have no immediate impact since currently there arc no known firms located in Virginia that currently usc these compounds. Adding them to the list of substances not considered to be VOC will make them less costly to usc. Thus, some small firms may eventually usc these compounds to lower costs.

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1625

# Regulations

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendment will not adversely affect small businesses.
Real Estate Development Costs. The proposed amendment will not likely have a large impact on real estate development
costs. Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 1 4 (1 0). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts. Agency's Response to Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has

no comment. Summary: 

### The amendment revises the definition of volatile organic compound (VOC) to include HCF]OCF 2 

### H (HFE-134); HCF 2 

### 0CF 2 

### 0CF2H (HFE-236cal2); HCF 2 

### 0CP]O]OC F]H (f/FE-338pcc13); and HCF]OCF]OCF]CF 2 

### 0CF2ll (H-Galden 1 040x or H-Galden ZT 130 (or 150 or 180)) on the list of compounds not considered to be a VOC. 9VAC5-10-20. Terms defined.

"Actual emissions rate" means the actual rate of emissions of a pollutant from an emissions unit. In general actual emissions shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during the most recent two-year period or some other two-year period which is representative of normal source operation. If the board determines that no two-year period is representative of normal source operation, the board shall allow the use of an alternative period of time upon a determination by the board that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

"Administrator" means the administrator of the U.S. Environmental Protection Agency (EPA) or his authorized representative.

"Affected facility" means, with reference to a stationary
source, any pati, equipment, facility, installation, apparatus, process or operation to which an emission standard is applicable or any other facility so designated. The term "affected facility" includes any affected source as defined in 40 CFR 63.2.

"Air pollution" means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety; to animal or plant life; or to property; or which unreasonably interfere with the enjoyment by the people oflife or property.

"Air quality" means the specific measurement in the ambient air of a particular air pollutant at any given time.

"Air quality control region" means any area designated as such in 9V ACS-20-200.

"Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of the board, in specific cases, to produce results adequate for its determination of compliance.

"Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.

"Ambient air quality standard" means any primary or secondary standard designated as such in 9V ACS-30 (Ambient Air Quality Standards).

"Board" means the State Air Pollution Control Board or its designated representative.

"Certified mail" means electronically certified or postal certified mail, except that this definition shall only apply to the mailing of plan approvals, permits, or certificates issued under the provisions of these regulations and only where the recipient has notified the department of the recipient's consent to receive plan approvals, permits, or certificates by electronic mail. Any provision of these regulations requiring the use of certified mail to transmit special orders or administrative orders pursuant to enforcement proceedings shall mean postal cetiified mail.

"Class I area" means any prevention of significant deterioration area (i) in which virtually any deterioration of existing air quality is considered significant and (ii) designated as such in 9V ACS-20-205.

"Class II area" means any prevention of significant deterioration area (i) in which any deterioration of existing air quality beyond that normally accompanying well-controlled

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1626growth is considered significant and (ii) designated as such in 9V AC5-20-205.

"Class Ill area" means any prevention of significant deterioration area (i) in which deterioration of existing air quality to the levels of the ambient air quality standards is permitted and (ii) designated as such in 9V AC5-20-205.

"Continuous monitoring system" means the total equipment used to sample and condition (if applicable), to analyze, and
to provide a permanent continuous record of emissions or process parameters.

"Control program" means a plan formulated by the owner of

a stationary source to establish pollution abatement goals, including a compliance schedule to achieve such goals. The plan may be submitted voluntarily, or upon request or by order of the board, to ensure compliance by the owner with standards, policies and regulations adopted by the board. The plan shall include system and equipment information and operating performance projections as required by the board for evaluating the probability of achievement. A control program shall contain the following increments of progress: 1. The date by which contracts for emission control system

or process modifications are to be awarded, or the date by which orders are to be issued for the purchase of component parts to accomplish emission control or process modification.
2. The date by which the on-site construction or installation of emission control equipment or process change is to be initiated.
3. The date by which the on-site construction or installation of emission control equipment or process modification is to be completed.
4. The date by which final compliance is to be achieved.
"Criteria pollutant" means any pollutant for which an ambient air quality standard is established under 9V AC5-30 (Ambient Air Quality Standards).

"Day" means a 24-hour period beginning at midnight. "Delayed compliance order" means any order of the board issued after an appropriate hearing to an owner which postpones the date by which a stationary source is required to comply with any requirement contained in the applicable implementation plan.

"Department" means any employee or other representative of the Virginia Department of Environmental Quality, as designated by the director.

"Director" or "executive director" means the director of the Virginia Department of Environmental Quality or a designated representative.

"Dispersion technique"

1. Means any technique which attempts to affect the concentration of a pollutant in the ambient air by:

a. Using that portion of a stack which exceeds good engineering practice stack height; 

# Regulations

b. Varying the rate of emission of a pollutant according
to atmospheric conditions or ambient concentrations of that pollutant; or

c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.
2. The preceding sentence does not include:

a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream; b. The merging of exhaust gas streams where: ( 1) The owner demonstrates that the facility was originally designed and constructed with such merged gas streams; (2) After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" shall apply only to the emissions limitation for the pollutant affected by such change in operation; or (3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emissions limitation
or, in the event that no emissions limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the board shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the owner that merging was not significantly motivated by such intent, the board shall deny credit for the effects of such merging in calculating the allowable emissions for the
source;

c. Smoke management in agricultural or silvicultural prescribed burning programs; d. Episodic restrictions on residential woodburning and open burning; or

e. Techniques under subdivision I c of this definition which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. "Emergency" means a situation that immediately and unreasonably affects, or has the potential to immediately and unreasonably affect, public health, safety or welfare; the health of animal or plant life; or property, whether used for

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1627

# Regulations

recreational, commercial, industrial, agricultural or other reasonable use.

"Emissions limitation" means any requirement established by the board which limits the quantity, rate, or concentration of continuous emissions of air pollutants, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures to assure continuous emission reduction.

"Emission standard" means any provision of 9V AC5-40 (Existing Stationary Sources), 9VAC5-50 (New and Modified Stationary Sources), or 9V AC5-60 (Hazardous Air Pollutant Sources) that prescribes an emissions limitation, or other requirements that control air pollution emissions.

"Emissions unit" means any part of a stationary source which emits or would have the potential to emit any air pollutant.

"Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated to the satisfaction of the board to have a consistent and quantitative relationship to the reference method under specified conditions.

"EPA" means the U.S. Environmental Protection Agency or

an authorized representative.

"Excess emissions" means emissions of air pollutant m

excess of an emission standard.

"Excessive concentration" is defined for the purpose of determining good engineering practice (GEP) stack height under subdivision 3 of the GEP definition and means: 1. For sources seeking credit for stack height exceeding that established under subdivision 2 of the GEP definition,

a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to the provisions of Article 8 (9VAC5-80-1605 et seq.) ofpart II of9VAC5-80 (Permits for Stationary Sources), an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole

or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations under this provision shall be prescribed by the new source performance standard that is applicable to the source category unless the owner demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the board, an alternative emission rate shall be established in consultation with the owner; 2. For sources seeking credit after October 11, 1983, tor increases in existing stack heights up to the heights established under subdivision 2 of the GEP definition, either (i) a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects as provided in subdivision I of this definition, except that the emission rate specified by any applicable implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, or (ii) the actual presence of a local nuisance caused by the existing stack, as determined by the board; and
3. For sources seeking credit after January 12, 1979, for a stack height determined under subdivision 2 of the GEP definition where the board requires the use of a field study

or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based

on the aerodynamic influence of cooling towers, and for

sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subdivision 2 of the GEP definition, a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects that is at least 40% in excess of the maximum concentration experienced in the absence of such down wash, wakes, or eddy effects. "Existing source" means any stationary source other than a

new source or modified source.

"Facility" means something that is built, installed or established to serve a particular purpose; includes, but is not limited to, buildings, installations, public works, businesses, commercial and industrial plants, shops and stores, heating and power plants, apparatus, processes, operations, structures, and equipment of all types.

"Federal Clean Air Act" means Chapter 85 

### (§ 7401 et seq.) of Title 42 of the United States Code.

"Federally enforceable" means all limitations and conditions which are enforceable by the administrator and citizens under the federal Clean Air Act or that are enforceable under other
statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to, the following:
1. Emission standards, alternative emission standards, alternative emissions limitations, and equivalent emissions limitations established pursuant to § 112 of the federal Clean Air Act as amended in 1990.
2. New source performance standards established pursuant to § Ill of the federal Clean Air Act, and emission

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1628standards established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.
3. All terms and conditions in a federal operating permit, including any provisions that limit a source's potential to emit, unless expressly designated as not federally enforceable.
4. Limitations and conditions that are part of an implementation plan.
5. Limitations and conditions that are part of a section 111 (d) or section 111 (d)/129 plan.
6. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51.
7. Limitations and conditions that are part of an operating permit issued pursuant to a program approved by EPA into

an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for EPA and public comment prior
to issuance of the final permit and practicable enforceability.
8. Limitations and conditions in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing§ 112 of the federal Clean Air Act.
9. Individual consent agreements issued pursuant to the legal authority of EPA.
"Good engineering practice" or "GEP," with reference to the height of the stack, means the greater of:
1. 65 meters, measured from the ground-level elevation at the base of the stack;
2. a. For stacks in existence on January 12, 1979, and for which the owner had obtained all applicable permits or approvals required under 9V ACS-80 (Permits for Stationary Sources),

Hg=2.5H, provided the owner produces evidence that this equation

was actually relied on in establishing an emissions limitation;
b. For all other stacks, f-Ig= H 

### + l.SL,
where: f-Ig = good engineering practice stack height, measured from the ground-level elevation at the base of the stack, f-1 height of nearby structure(s) measured from the ground-level elevation at the base of the stack,
L = lesser dimension, height or projected width, of nearby structure(s) provided that the board may require the use of a field study or fluid model to verify GEP stack height for the source; or 

# Regulations

3. The height demonstrated by a fluid model or a field study approved by the board, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features.
"Hazardous air pollutant" means an air pollutant to which no ambient air quality standard is applicable and which in the judgment of the administrator causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

"Implementation plan" means the portion or portions of the
state implementation plan, or the most recent revision thereof, which has been approved under§ 110 of the federal Clean Air Act, or promulgated under § 11 0(c) of the federal Clean Air Act, or promulgated or approved pursuant to regulations promulgated under § 30 I (d) of the federal Clean Air Act and which implements the relevant requirements of the federal Clean Air Act.

"Initial emission test" means the test required by any regulation, permit issued pursuant to 9V ACS-80 (Permits for Stationary Sources), control program, compliance schedule or other enforceable mechanism for determining compliance with new or more stringent emission standards or permit limitations or other emissions limitations requiring the installation or modification of air pollution control equipment

or implementation of a control method. Initial emission tests shall be conducted in accordance with 9V ACS-40-30.

"Initial performance test" means the test required by (i) 40 CFR Part 60 for determining compliance with standards of performance, or (ii) a permit issued pursuant to 9VACS-80 (Permits for Stationary Sources) for determining initial compliance with permit limitations. Initial performance tests shall be conducted in accordance with 9V ACS-50-30 and 9V ACS-60-30.

"lsokinetic sampling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.

"Locality" means a city, town, county or other public body created by or pursuant to state law.

"Mail" means electronic or postal delivery.
"Maintenance area" means any geographic region of the United States previously designated as a nonattainment area and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan and designated as such in 9V ACS-20-203.

"Malfunction" means any sudden failure of air pollution control equipment, of process equipment, or of a process to operate in a nom1al or usual manner, which failure is not due
to intentional misconduct or negligent conduct on the part of

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1629

# Regulations

the owner or other person

. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

"Monitoring device" means the total equipment used to

measure and record (if applicable) process parameters.

"Nearby" as used in the definition of good engineering practice (GEP) is defined for a specific structure or terrain feature and:
I. For purposes of applying the formulae provided in subdivision 2 of the GEP definition means that distance up to five times the lesser of the height or the width dimension of a structure , but not greater than 0.8 km (1/2 mile); and
2. For conducting demonstrations under subdivision 3 of the GEP definition means not greater than 0

. 8 km ( 1/2 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to I 0 times the maximum height (Ht) of the feature, not to exceed two miles if such feature achieves a height (Ht) 0

. 8 km from the stack that is at least 40% of the GEP stack height determined by the formulae provided in subdivision 2 b of the GEP definition or 26 meters , whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack. "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in 40 CFR Part 60.

"Nonattainment area" means any area which is shown by air quality monitoring data or, where such data are not available, which is calculated by air quality modeling (or other methods determined by the board to be reliable) to exceed the levels allowed by the ambient air quality standard for a given pollutant including
, but not limited to, areas designated as such in 9V AC5-20-204.

"One hour" means any period of 60 consecutive minutes.
"One-hour period" means any period of 60 consecutive minutes commencing on the hour.

"Organic compound " means any chemical compound of carbon excluding carbon monoxide
, carbon dioxide, carbonic disulfide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate

.

"Owner" means any person, including bodies politic and corporate, associations, partnerships
, personal representatives,
trustees and committees, as well as individuals, who owns , leases, operates, controls or supervises a source.

"Particulate matter" means any airborne finely divided solid

or liquid material with an aerodynamic diameter smaller than I 00 micrometers.

"Particulate matter emissions" means all finely divided solid

or liquid material, other than uncombined water , emitted to the ambient air as measured by the applicable reference method, or an equivalent or alternative method. "PM 10 " means particulate matter with an aerodynamic diameter less than or equal to a nominal I 0 micrometers as measured by the · applicable reference method or an equivalent method

.

"PM 10 emissions" means finely divided solid or liquid material
, with an aerodynamic diameter less than or equal to a nominal I 0 micrometers emitted to the ambient air as measured by the applicable reference method, or an equivalent or alternative method

.

"Performance test" means a test for determining emissions from new or modified sources.

"Person" means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity.

"Pollutant" means any substance the presence of which in the outdoor atmosphere is or may be harmful or injurious to human health
, welfare or safety, to animal or plant life, or to property, or which unreasonably interferes with the enjoyment by the people of life or property.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or its effect on emissions is state and federally enforceable.

"Prevention of significant deterioration area" means any area not designated as a nonattainment area in 9V AC5-20-204 for

a particular pollutant and designated as such in 9V AC5-20- 205.

"Proportional sampling" means sampling at a rate that produces a constant ratio of sampling rate to stack gas flow
rate.

"Public hearing" means, unless indicated otherwise, an informal proceeding, similar to that provided for in 

### § 2

. 2- 4007.02 of the Administrative Process Act, held to afford persons an opportunity to submit views and data relative to a matter on which a decision of the board is pending.

"Reference method" means any method of sampling and analyzing for an air pollutant as described in the following EPA regulations: I. For ambient air quality standards in 9VAC5-30 (Ambient Air Quality Standards): The applicable appendix of 40 CFR Part 50 or any method that has been designated

as a reference method in accordance with 40 CFR Part 53, except that it does not include a method for which a reference designation has been canceled in accordance with 40 CFR 53.11 or 40 CFR 53.16.
2

. For emission standards in 9V AC5-40 (Existing Stationary Sources) and 9V AC5-50 (New and Modified

Volume 30, Issue 12 Virginia Register of Regulations February 10
, 2014
1630Stationary Sources): Appendix M of 40 CFR Part 51 or Appendix A of 40 CFR Part 60.
3. For emission standards in 9V AC5-60 (Hazardous Air Pollutant Sources): Appendix B of 40 CFR Part 61 or Appendix A of 40 CFR Part 63. "Regional director" means the regional director of an administrative region of the Department of Environmental Quality or a designated representative.

"Regulation of the board" means any regulation adopted by the State Air Pollution Control Board under any provision of the Code of Virginia.

"Regulations for the Control and Abatement of Air Pollution" means 9V AC5-I 0 (General Definitions) through 9V AC5-80 (Permits for Stationary Sources).

"Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids except liquefied petroleum gases as determined by American Society for Testing and Materials publication, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)" (see 9VAC5-20-21).

"Run" means the net period of time during which an emission sample is collected. Unless otherwise specified, a

run may be either intermittent or continuous within the limits of good engineering practice.

"Section lll(d) plan" means the portion or portions of the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with § Ill ( d)(l) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with § 111 ( d)(2) of the federal Clean Air Act, and which implements the relevant requirements of the federal Clean Air Act.

"Section lll(d)/129 plan" means the portion or portions of the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with §§ Ill (d)(l) and l29(b)(2) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with §§ lll(d)(2) and 129(b)(3) ofthe federal Clean Air Act, and which implements the relevant requirements of the federal Clean Air Act.

"Shutdown" means the cessation of operation of an affected facility for any purpose.

"Source" means any one or combination of the following: buildings, structures, facilities, installations, articles, machines, equipment, landcraft, watercraft, aircraft or other contrivances which contribute, or may contribute, either directly or indirectly to air pollution. Any activity by any person that contributes, or may contribute, either directly or indirectly to air pollution, including, but not limited to, open burning, generation of fugitive dust or emissions, and cleaning with abrasives or chemicals.

"Stack" means any point in a source designed to emit solids, liquids or gases into the air, including a pipe or duct, but not including flares. 

# Regulations

"Stack in existence" means that the owner had:

I. Begun, or caused to begin, a continuous program of physical on site construction of the stack; or 2. Entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner, to undertake a program of construction of the stack to be completed in a reasonable time.
"Standard conditions" means a temperature of 20°C (68°F) and a pressure of760 mm ofHg (29.92 inches ofHg).

"Standard of performance" means any provision of 9V AC5- 50 (New and Modified Stationary Sources) which prescribes

an emissions limitation or other requirements that control air pollution emissions.

"Startup" means the setting in operation of an affected facility for any purpose.

"State enforceable" means all limitations and conditions which are enforceable by the board or department, including, but not limited to, those requirements developed pursuant to 9V AC5-20-ll 0; requirements within any applicable regulation, order, consent agreement or variance; and any permit requirements established pursuant to 9V AC5-80 (Permits for Stationary Sources).

"State Implementation Plan" means the plan, including the
most recent revision thereof, which has been approved or promulgated by the administrator, U.S. Environmental Protection Agency, under § 11 0 of the federal Clean Air Act, and which implements the requirements of§ 110.

"Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant. A stationary source shall include all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and

are under the control of the same person (or persons under

common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the

same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual (see 9V AC5-20-21 ).

"These regulations" means 9V AC5-I 0 (General Definitions) through 9V ACS-80 (Permits for Stationary Sources).

"Total suspended particulate" or "TSP" means particulate
matter as measured by the reference method described in Appendix B of 40 CFR Part 50.

"True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute (API) publication, "Evaporative Loss from External FloatingRoof Tanks" (sec 9VAC5-20-21). The API procedure may not be applicable to some high viscosity or high pour crudes. Available estimates of true vapor pressure may be used in special cases such as these.

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1631

# Regulations

"Urban area" means any area consisting of a core city with a population of 50,000 or more plus any surrounding localities with a population density of 80 persons per square mile and designated as such in 9VAC5-20-20 I.

"Vapor pressure," except where specific test methods are specified, means true vapor pressure, whether measured directly, or determined from Reid vapor pressure by use of the applicable nomograph in American Petroleum Institute publication, "Evaporative Loss from Floating-Roof Tanks" (see 9V AC5-20-21 ).

"Virginia Air Pollution Control Law" means Chapter 13 (§ I 0.1-1300 et seq.) of Title 10.1 of the Code of Virginia.

"Volatile organic compound" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.
1. This includes any such organic compounds which have been determined to have negligible photochemical reactivity other than the following:

a. Methane;
b. Ethane;

c. Methylene chloride ( dichloromethane ); d. 1, I, !-trichloroethane (methyl chloroform);

e. I, I ,2-trichloro-1 ,2,2-trifluoroethane (CFC-113 ); 

### f. Trichlorofluoromethane (CFC-11 );

g. Dichlorodifluoromethane (CFC-12);
h. Chlorodifluoromethane (I-I 

### CFC-22);
i. Trifluoromethane (I-I 

### FC-23); j. 

### I ,2-dichloro I, I ,2,2,-tetrafluoroethane (CFC-114);
k. Ch1oropentafluoroethane (CFC-115);
I. 1, I, 1-trifluoro 2,2-dichloroethane (HCFC-123);

m. 1, I, 1,2-tetrafluoroethane (HFC-134a);

n. I, 1-dichloro 1-fluoroethane (HCFC-141 b);

o. 1-chloro I, 1-difluoroethane (HCFC-142b );
p. 2-chloro-1, I, I ,2-tetrafluoroethane (HCFC-I24);

q. Pentafluoroethane (HFC-125);

r. 

### I, I ,2,2-tetrafluoroethane (HFC-134 );

s. 1, I, 1-trifluoroethane (HFC-143a);

t. 

### I, 1-difluoroethane (HFC-152a);

u. Parachlorobenzotrifluoride (PCBTF);

v. Cyclic, branched, or linear completely methylated siloxanes;

w. Acetone;

x. Perchloroethylene (tetrachloroethylene);

y. 3,3-dichloro-1, I, I ,2,2-pentafluoropropane (HCFC225ca); z. I ,3-dichloro-1, 1,2,2,3-pentafluoropropane (HCFC225cb);

aa. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43- 1 Omee);
bb. Difluoromethane (HFC-32);

cc. Ethyl fluoride (HFC-161 );
dd. 1,I, I ,3,3,3-hexafluoropropane (HFC-236fa);

ee. 1, I ,2,2,3-pentafluoropropane (HFC-245ca);
ff. I, 1,2,3,3-pentafluoropropane (HFC-245ea);

gg. 1, I, 1,2,3-pentafluoropropane (HFC-245eb );
hh. 1, I, 1,3,3-pentafluoropropane (HFC-245fa);
ii. I, I, I ,2,3,3-hexafluoropropane (HFC-236ea); jj. 

### 1,1,1,3,3-pentafluorobutane (HFC-365mfc);
kk. Chlorofluoromethane (HCFC-31 );
II. I chloro-1-fluoroethane (HCFC-151 a);

mm. I ,2-dichloro-1, I ,2-trifluoroethane (HCFC-123a);

nn. I, I, I ,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C 4 

### F9 

### 0CH 3 

### or HFE-7100);

oo. 2-(difluoromethoxymethyl)-1, I, I ,2,3,3,3-heptafluoropropane ((CF 3 

### hCFCFz OCH 3 );


### pp. 1-ethoxy-1 ,1 ,2,2,3,3,4,4,4-nonafluorobutane (C 4 

### F9 

### OC 2

### H 5 

### or HFE-7200);

qq. 2-(ethoxydifluoromethyl)-1, I, I ,2,3,3,3-heptafluoropropane ((CF 3 

### hCFCF 2

### 0Czl-Is);

rr. Methyl acetate;

ss. I, I, I ,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F70CJ-f3) (HFE-7000);

tt. 3-ethoxy-1, 1, I ,2,3,4,4,5,5,6,6,6-dodecafluoro-2- (trifluoromethyl) hexane (HFE-7500);

uu. 1,1, I ,2,3,3,3-heptafluoropropane (HFC 227ea);

vv. methyl formate (HCOOCH 3 );



### ww. 

## EB I, 1 ,I ,2,2,3,4,5,5,5-decafluoro-3-methoxy-4- trifluoromethyl-pentane (HFE-7300);

xx. propylene carbonate;

yy. dimethyl carbonate;

zz. trans-! ,3,3,3-tetrafluoropropene; and

aaa. HCF?OCF2H (HFE-134):
bbb. HCFoOCFoOCF 2 

### H (HFE-236cal2):

ccc. HCF 2 

### 0CFoCF,OCF 2

### H (HFE-338pccl3):
ddd. HCF 2 

### 0CFoOCF,CF,OCFoH (H-Galden 1040x or HGalden ZT 130 (or 150 or 180)): and

eee. Perfluorocarbon compounds which fall into these classes: (I) Cyclic, branched, or linear, completely fluorinated alkanes; (2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1632(3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.
2. For purposes of determining compliance with emissions standards, volatile organic compounds shall be measured by the appropriate reference method in accordance with the provisions of 9V AC5-40-30 or 9VAC5-50-30, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly reactive compounds may be excluded as a volatile organic compound if the amount of such compounds is accurately quantified, and such exclusion is approved by the board.
3. As a precondition to excluding these compounds as volatile organic compounds or at any time thereafter, the board may require an owner to provide. monitoring or testing methods and results demonstrating, to the satisfaction of the board, the amount of negligibly reactive compounds in the emissions of the source. 4. Exclusion of the above compounds in this definition in effect exempts such compounds from the provisions of emission standards for volatile organic compounds. The compounds are exempted on the basis of being so inactive that they will not contribute significantly to the formation of ozone in the troposphere. However, this exemption does
not extend to other properties of the exempted compounds which, at some future date, may require regulation and limitation of their use in accordance with requirements of the federal Clean Air Act.
5. The following compound is a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements that apply
to VOCs and shall be uniquely identified in emission reports, but is not a VOC for purposes of VOC emission standards, VOC emissions limitations, or VOC content requirements: t-butyl acetate. "Welfare" means that language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation, man-made materials, animals, wildlife, weather, visibility and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being.

VA.R. Doc. No. R14-3611; Filed January 10.2014, 1:33 p.m. 

### Fast-Track Regulation
Title of Regulation: 

### 9VACS-80. Permits for Stationary Sources (Rev. Gl3) (amending 9VAC5-80-ll10). 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.
Public Hearing Information: No public hearings are scheduled. 

# Regulations

Public Comment Deadline: March 12,2014. Effective Date: March 27,2014. 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, TTY (804) 698-4021, or email gary .graham@deq. virginia.gov.
Basis: Section I 0.1-1308 of the Virginia Air Pollution Control Law (Chapter 13 

### (§ 10.1-1300 et seq.) of Title 10.1 of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollution to protect public health and welfare. Written assurance from the Office of the Attorney General that the State Air Pollution Control Board possesses the statutory authority to promulgate the proposed regulation amendments is available upon request. Federal Requirements. Section 110(a) of the Clean Air Act (CAA) mandates that each state adopt and submit to EPA a plan that provides for the implementation, maintenance, and enforcement of each primary and secondary air quality standard within each air quality control region in the
state. The state implementation plan shall be adopted only after reasonable public notice is given and public hearings are held.
40 CFR Pa1i 51 sets out the requirements for the preparation, adoption, and submittal of state implementation plans. These requirements mandate that any such plan shall include several provisions, which are found in Subpart F (Procedural Requirements), Subpart G (Control Strategy), Subpart I (Review of New Sources and Modifications), and Subpart L (Legal Authority).
State Requirements. § 10.1-1322.4 of the Code of Virginia provides an exemption (unless required by the federal government law or regulation) from permit requirements for the use of an alternative fuel or raw material, if the owner demonstrates to the board that, as a result of trial burns at the facility or other facilities or other sufficient data, the emissions resulting from the use of the alternative fuel or raw material supply are decreased. The Code of Virginia further provides (to the extent allowed by federal law or regulation) that no demonstration shall 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. Purpose: The purpose of the regulation is to protect public health, safety, and welfare by establishing the procedural and legal basis for the issuance of new source permits for a proposed new stationary source or a project at an existing one that will (i) enable the agency to conduct a preconstruction review in order to determine compliance with applicable control technology and other standards, (ii) assess the impact of the emissions from the source on air quality, and (iii) provide a state and federally enforceable mechanism to enforce permit program requirements. The purpose of the

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1633

# Regulations



# • •

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD
Fast-Track Regulation
Title of Regulation: 9VAC5-10. General Definitions (Rev. D13) (amending 9VACS-10-20). Statutory Authority: § I 0

. 1- I 308 of the Code of Virginia ; federal Clean Air Act(§§ 110, I I I
, 123, 129, 171, 172, and 182) ; 40 CFR Parts 51 and 60

. Public Hearing Information : No public hearings are scheduled.
Public Comment Deadline: March 12,2014.
Effective Date: March 27
, 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

. Basis: Section 10.1-1308 of the Virginia Air Pollution Control La'W (Chapter 13 (§ I 0

. I -1300 et seq

. ) of Title 10.1 of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollution in order to protect public health and welfare. Written assurance from the Office of the Attorney General that the State Air Pollution Control Board possesses the statutory authority to promulgate the proposed regulation amendments is available upon request. Federal Requirements. Section I 09 (a) of the federal Clean Air Act requires the U.S. Environmental Protection Agency (EPA) to prescribe national ambient air quality standards (NAAQS) to protect public health. Section II 0 mandates that each state adopt and submit to EPA a state implementation plan (SIP) that provides for the implementation, maintenance, and enforcement of the NAAQS. Ozone
, one of the pollutants for which there is a NAAQS, is in part created by emissions ofVOCs. Therefore, in order to control ozone, VOCs must be addressed in Virginia's SIP.
40 CFR Part 51 sets out requirements for the preparation, adoption, and submittal of SIPs. Subpart F of Part 51, Procedural Requirements, includes § 51.100, which consists of a list of definitions. 40 CFR 5 I. I 00 contains a definition of VOC. This definition is revised by EPA to add or remove VOCs as necessary. If, for example, it can be demonstrated thata particular VOC is "negligibly reactive"--that is, if it can be shown that a VOC is not as reactive and therefore does not have a significant effect on ground-level or upper atmospheric ozone--then EPA may remove that substance from the definition of VOC. On February 12, 2013 (78 FR 9823)
, EPA revised the definition of VOC in 40 CFR 51.100 to exclude HCF 2 0CF 2 H (HFE-134); HCF 2 0CF 2 0CF 2 H (HFE-236ca12); HCF 2 0CFzCFzOCF 2 H (HFE-338pccl3); and HCFzOCFzOCFzCF 20CF 2 H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180)) from the definition of VOC

. These exclusions are accomplished by adding the substances to a list of substances not considered to be a VOC. Additionally, EPA corrected the citation for I, I
, 1,2
, 2,3,4,5,5,5-decafluoro-3- methoxy-4-trifluoromethyl-pentane (HFE-7300). These changes to the exemption list became effective on March I 4, 2013.
State Requirements. These specific amendments are not required by state mandate. Rather
, Virginia's Air Pollution Control Law gives the State Air Pollution Control Board the discretionary authority to promulgate regulations "abating
, controlling and prohibiting air pollution throughout or in any part of the Commonwealth" (§ 10. I -1308 A of the Code of Virginia). The law defines such air pollution as "the presence in the outdoor atmosphere of one or more substances which

are or may be harmful or injurious to human health, welfare

or safety, to animal or plant life
, or to property , or which unreasonably interfere with the enjoyment by the people or life or property"(§ 10.1-1300 of the Code of Virginia). Purpose: The purpose of the regulation (general definitions) is
not to impose any regulatory requirements in and of itself, but
to provide a basis for and support to other provisions of the Regulations for the Control and Abatement of Air Pollution
, which are in place in order to protect public health and welfare. The proposed amendments are being made to ensure that the definition of VOC, which is crucial to most of the regulations, is up-to-date and scientifically accurate, as well

as consistent with the overall EPA requirements under which the regulations operate. Rationale for Using Fast- Track Process: The definition

. is being revised to add less-reactive substances to the list of compounds

. not considered to be VOCs and to make a correction. As discussed elsewhere, this revision is not expected to affect a significant number of sources or have any significant impact, other than a positive one , on air quality overall. Additionally, removal of the substances at the federal level was accompanied by detailed scientific review and public comment, and no negative comments were received during the federal public comment period. Therefore, no additional information on the reactivity of these substances or the appropriateness of their removal is anticipated.
Substance: The general definitions impose no regulatory requirements in and of themselves but provide support to other provisions of the Regulations for the Control and Abatement of Air Pollution

. The list of substances not considered to be VOCs in Virginia has been revised to include HCF 20CF 2 H (HFE

- 134); HCF 2 0CF 2 0CF 2 H (HFE236ca12); HCF 2 0CF 2 CF 2 0CF 2 H (HFE-338pcc 13); and HCF 2 0CF 2 0CF 2 CF 2 0CF 2 H (H-Galden I 040x or H-Galden

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1624

# Regulations

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendment will not adversely affect small businesses.
Real Estate Development Costs. The proposed amendment will not likely have a large impact on real estate development
costs. Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 1 4 (1 0). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts. Agency's Response to Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has

no comment. Summary: 

### The amendment revises the definition of volatile organic compound (VOC) to include HCF]OCF 2 

### H (HFE-134); HCF 2 

### 0CF 2 

### 0CF2H (HFE-236cal2); HCF 2 

### 0CP]O]OC F]H (f/FE-338pcc13); and HCF]OCF]OCF]CF 2 

### 0CF2ll (H-Galden 1 040x or H-Galden ZT 130 (or 150 or 180)) on the list of compounds not considered to be a VOC. 9VAC5-10-20. Terms defined.

"Actual emissions rate" means the actual rate of emissions of a pollutant from an emissions unit. In general actual emissions shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during the most recent two-year period or some other two-year period which is representative of normal source operation. If the board determines that no two-year period is representative of normal source operation, the board shall allow the use of an alternative period of time upon a determination by the board that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

"Administrator" means the administrator of the U.S. Environmental Protection Agency (EPA) or his authorized representative.

"Affected facility" means, with reference to a stationary
source, any pati, equipment, facility, installation, apparatus, process or operation to which an emission standard is applicable or any other facility so designated. The term "affected facility" includes any affected source as defined in 40 CFR 63.2.

"Air pollution" means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety; to animal or plant life; or to property; or which unreasonably interfere with the enjoyment by the people oflife or property.

"Air quality" means the specific measurement in the ambient air of a particular air pollutant at any given time.

"Air quality control region" means any area designated as such in 9V ACS-20-200.

"Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of the board, in specific cases, to produce results adequate for its determination of compliance.

"Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.

"Ambient air quality standard" means any primary or secondary standard designated as such in 9V ACS-30 (Ambient Air Quality Standards).

"Board" means the State Air Pollution Control Board or its designated representative.

"Certified mail" means electronically certified or postal certified mail, except that this definition shall only apply to the mailing of plan approvals, permits, or certificates issued under the provisions of these regulations and only where the recipient has notified the department of the recipient's consent to receive plan approvals, permits, or certificates by electronic mail. Any provision of these regulations requiring the use of certified mail to transmit special orders or administrative orders pursuant to enforcement proceedings shall mean postal cetiified mail.

"Class I area" means any prevention of significant deterioration area (i) in which virtually any deterioration of existing air quality is considered significant and (ii) designated as such in 9V ACS-20-205.

"Class II area" means any prevention of significant deterioration area (i) in which any deterioration of existing air quality beyond that normally accompanying well-controlled

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1626growth is considered significant and (ii) designated as such in 9V AC5-20-205.

"Class Ill area" means any prevention of significant deterioration area (i) in which deterioration of existing air quality to the levels of the ambient air quality standards is permitted and (ii) designated as such in 9V AC5-20-205.

"Continuous monitoring system" means the total equipment used to sample and condition (if applicable), to analyze, and
to provide a permanent continuous record of emissions or process parameters.

"Control program" means a plan formulated by the owner of

a stationary source to establish pollution abatement goals, including a compliance schedule to achieve such goals. The plan may be submitted voluntarily, or upon request or by order of the board, to ensure compliance by the owner with standards, policies and regulations adopted by the board. The plan shall include system and equipment information and operating performance projections as required by the board for evaluating the probability of achievement. A control program shall contain the following increments of progress: 1. The date by which contracts for emission control system

or process modifications are to be awarded, or the date by which orders are to be issued for the purchase of component parts to accomplish emission control or process modification.
2. The date by which the on-site construction or installation of emission control equipment or process change is to be initiated.
3. The date by which the on-site construction or installation of emission control equipment or process modification is to be completed.
4. The date by which final compliance is to be achieved.
"Criteria pollutant" means any pollutant for which an ambient air quality standard is established under 9V AC5-30 (Ambient Air Quality Standards).

"Day" means a 24-hour period beginning at midnight. "Delayed compliance order" means any order of the board issued after an appropriate hearing to an owner which postpones the date by which a stationary source is required to comply with any requirement contained in the applicable implementation plan.

"Department" means any employee or other representative of the Virginia Department of Environmental Quality, as designated by the director.

"Director" or "executive director" means the director of the Virginia Department of Environmental Quality or a designated representative.

"Dispersion technique"

1. Means any technique which attempts to affect the concentration of a pollutant in the ambient air by:

a. Using that portion of a stack which exceeds good engineering practice stack height; 

# Regulations

b. Varying the rate of emission of a pollutant according
to atmospheric conditions or ambient concentrations of that pollutant; or

c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.
2. The preceding sentence does not include:

a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream; b. The merging of exhaust gas streams where: ( 1) The owner demonstrates that the facility was originally designed and constructed with such merged gas streams; (2) After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" shall apply only to the emissions limitation for the pollutant affected by such change in operation; or (3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emissions limitation
or, in the event that no emissions limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the board shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the owner that merging was not significantly motivated by such intent, the board shall deny credit for the effects of such merging in calculating the allowable emissions for the
source;

c. Smoke management in agricultural or silvicultural prescribed burning programs; d. Episodic restrictions on residential woodburning and open burning; or

e. Techniques under subdivision I c of this definition which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year. "Emergency" means a situation that immediately and unreasonably affects, or has the potential to immediately and unreasonably affect, public health, safety or welfare; the health of animal or plant life; or property, whether used for

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1627

# Regulations

recreational, commercial, industrial, agricultural or other reasonable use.

"Emissions limitation" means any requirement established by the board which limits the quantity, rate, or concentration of continuous emissions of air pollutants, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures to assure continuous emission reduction.

"Emission standard" means any provision of 9V AC5-40 (Existing Stationary Sources), 9VAC5-50 (New and Modified Stationary Sources), or 9V AC5-60 (Hazardous Air Pollutant Sources) that prescribes an emissions limitation, or other requirements that control air pollution emissions.

"Emissions unit" means any part of a stationary source which emits or would have the potential to emit any air pollutant.

"Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated to the satisfaction of the board to have a consistent and quantitative relationship to the reference method under specified conditions.

"EPA" means the U.S. Environmental Protection Agency or

an authorized representative.

"Excess emissions" means emissions of air pollutant m

excess of an emission standard.

"Excessive concentration" is defined for the purpose of determining good engineering practice (GEP) stack height under subdivision 3 of the GEP definition and means: 1. For sources seeking credit for stack height exceeding that established under subdivision 2 of the GEP definition,

a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to the provisions of Article 8 (9VAC5-80-1605 et seq.) ofpart II of9VAC5-80 (Permits for Stationary Sources), an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole

or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations under this provision shall be prescribed by the new source performance standard that is applicable to the source category unless the owner demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the board, an alternative emission rate shall be established in consultation with the owner; 2. For sources seeking credit after October 11, 1983, tor increases in existing stack heights up to the heights established under subdivision 2 of the GEP definition, either (i) a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects as provided in subdivision I of this definition, except that the emission rate specified by any applicable implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, or (ii) the actual presence of a local nuisance caused by the existing stack, as determined by the board; and
3. For sources seeking credit after January 12, 1979, for a stack height determined under subdivision 2 of the GEP definition where the board requires the use of a field study

or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based

on the aerodynamic influence of cooling towers, and for

sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subdivision 2 of the GEP definition, a maximum ground-level concentration due in whole or part to downwash, wakes or eddy effects that is at least 40% in excess of the maximum concentration experienced in the absence of such down wash, wakes, or eddy effects. "Existing source" means any stationary source other than a

new source or modified source.

"Facility" means something that is built, installed or established to serve a particular purpose; includes, but is not limited to, buildings, installations, public works, businesses, commercial and industrial plants, shops and stores, heating and power plants, apparatus, processes, operations, structures, and equipment of all types.

"Federal Clean Air Act" means Chapter 85 

### (§ 7401 et seq.) of Title 42 of the United States Code.

"Federally enforceable" means all limitations and conditions which are enforceable by the administrator and citizens under the federal Clean Air Act or that are enforceable under other
statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to, the following:
1. Emission standards, alternative emission standards, alternative emissions limitations, and equivalent emissions limitations established pursuant to § 112 of the federal Clean Air Act as amended in 1990.
2. New source performance standards established pursuant to § Ill of the federal Clean Air Act, and emission

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1628standards established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.
3. All terms and conditions in a federal operating permit, including any provisions that limit a source's potential to emit, unless expressly designated as not federally enforceable.
4. Limitations and conditions that are part of an implementation plan.
5. Limitations and conditions that are part of a section 111 (d) or section 111 (d)/129 plan.
6. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51.
7. Limitations and conditions that are part of an operating permit issued pursuant to a program approved by EPA into

an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for EPA and public comment prior
to issuance of the final permit and practicable enforceability.
8. Limitations and conditions in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing§ 112 of the federal Clean Air Act.
9. Individual consent agreements issued pursuant to the legal authority of EPA.
"Good engineering practice" or "GEP," with reference to the height of the stack, means the greater of:
1. 65 meters, measured from the ground-level elevation at the base of the stack;
2. a. For stacks in existence on January 12, 1979, and for which the owner had obtained all applicable permits or approvals required under 9V ACS-80 (Permits for Stationary Sources),

Hg=2.5H, provided the owner produces evidence that this equation

was actually relied on in establishing an emissions limitation;
b. For all other stacks, f-Ig= H 

### + l.SL,
where: f-Ig = good engineering practice stack height, measured from the ground-level elevation at the base of the stack, f-1 height of nearby structure(s) measured from the ground-level elevation at the base of the stack,
L = lesser dimension, height or projected width, of nearby structure(s) provided that the board may require the use of a field study or fluid model to verify GEP stack height for the source; or 

# Regulations

3. The height demonstrated by a fluid model or a field study approved by the board, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features.
"Hazardous air pollutant" means an air pollutant to which no ambient air quality standard is applicable and which in the judgment of the administrator causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

"Implementation plan" means the portion or portions of the
state implementation plan, or the most recent revision thereof, which has been approved under§ 110 of the federal Clean Air Act, or promulgated under § 11 0(c) of the federal Clean Air Act, or promulgated or approved pursuant to regulations promulgated under § 30 I (d) of the federal Clean Air Act and which implements the relevant requirements of the federal Clean Air Act.

"Initial emission test" means the test required by any regulation, permit issued pursuant to 9V ACS-80 (Permits for Stationary Sources), control program, compliance schedule or other enforceable mechanism for determining compliance with new or more stringent emission standards or permit limitations or other emissions limitations requiring the installation or modification of air pollution control equipment

or implementation of a control method. Initial emission tests shall be conducted in accordance with 9V ACS-40-30.

"Initial performance test" means the test required by (i) 40 CFR Part 60 for determining compliance with standards of performance, or (ii) a permit issued pursuant to 9VACS-80 (Permits for Stationary Sources) for determining initial compliance with permit limitations. Initial performance tests shall be conducted in accordance with 9V ACS-50-30 and 9V ACS-60-30.

"lsokinetic sampling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.

"Locality" means a city, town, county or other public body created by or pursuant to state law.

"Mail" means electronic or postal delivery.
"Maintenance area" means any geographic region of the United States previously designated as a nonattainment area and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan and designated as such in 9V ACS-20-203.

"Malfunction" means any sudden failure of air pollution control equipment, of process equipment, or of a process to operate in a nom1al or usual manner, which failure is not due
to intentional misconduct or negligent conduct on the part of

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1629

# Regulations

the owner or other person

. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

"Monitoring device" means the total equipment used to

measure and record (if applicable) process parameters.

"Nearby" as used in the definition of good engineering practice (GEP) is defined for a specific structure or terrain feature and:
I. For purposes of applying the formulae provided in subdivision 2 of the GEP definition means that distance up to five times the lesser of the height or the width dimension of a structure , but not greater than 0.8 km (1/2 mile); and
2. For conducting demonstrations under subdivision 3 of the GEP definition means not greater than 0

. 8 km ( 1/2 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to I 0 times the maximum height (Ht) of the feature, not to exceed two miles if such feature achieves a height (Ht) 0

. 8 km from the stack that is at least 40% of the GEP stack height determined by the formulae provided in subdivision 2 b of the GEP definition or 26 meters , whichever is greater, as measured from the ground-level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground-level elevation at the base of the stack. "Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in 40 CFR Part 60.

"Nonattainment area" means any area which is shown by air quality monitoring data or, where such data are not available, which is calculated by air quality modeling (or other methods determined by the board to be reliable) to exceed the levels allowed by the ambient air quality standard for a given pollutant including
, but not limited to, areas designated as such in 9V AC5-20-204.

"One hour" means any period of 60 consecutive minutes.
"One-hour period" means any period of 60 consecutive minutes commencing on the hour.

"Organic compound " means any chemical compound of carbon excluding carbon monoxide
, carbon dioxide, carbonic disulfide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate

.

"Owner" means any person, including bodies politic and corporate, associations, partnerships
, personal representatives,
trustees and committees, as well as individuals, who owns , leases, operates, controls or supervises a source.

"Particulate matter" means any airborne finely divided solid

or liquid material with an aerodynamic diameter smaller than I 00 micrometers.

"Particulate matter emissions" means all finely divided solid

or liquid material, other than uncombined water , emitted to the ambient air as measured by the applicable reference method, or an equivalent or alternative method. "PM 10 " means particulate matter with an aerodynamic diameter less than or equal to a nominal I 0 micrometers as measured by the · applicable reference method or an equivalent method

.

"PM 10 emissions" means finely divided solid or liquid material
, with an aerodynamic diameter less than or equal to a nominal I 0 micrometers emitted to the ambient air as measured by the applicable reference method, or an equivalent or alternative method

.

"Performance test" means a test for determining emissions from new or modified sources.

"Person" means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity.

"Pollutant" means any substance the presence of which in the outdoor atmosphere is or may be harmful or injurious to human health
, welfare or safety, to animal or plant life, or to property, or which unreasonably interferes with the enjoyment by the people of life or property.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or its effect on emissions is state and federally enforceable.

"Prevention of significant deterioration area" means any area not designated as a nonattainment area in 9V AC5-20-204 for

a particular pollutant and designated as such in 9V AC5-20- 205.

"Proportional sampling" means sampling at a rate that produces a constant ratio of sampling rate to stack gas flow
rate.

"Public hearing" means, unless indicated otherwise, an informal proceeding, similar to that provided for in 

### § 2

. 2- 4007.02 of the Administrative Process Act, held to afford persons an opportunity to submit views and data relative to a matter on which a decision of the board is pending.

"Reference method" means any method of sampling and analyzing for an air pollutant as described in the following EPA regulations: I. For ambient air quality standards in 9VAC5-30 (Ambient Air Quality Standards): The applicable appendix of 40 CFR Part 50 or any method that has been designated

as a reference method in accordance with 40 CFR Part 53, except that it does not include a method for which a reference designation has been canceled in accordance with 40 CFR 53.11 or 40 CFR 53.16.
2

. For emission standards in 9V AC5-40 (Existing Stationary Sources) and 9V AC5-50 (New and Modified

Volume 30, Issue 12 Virginia Register of Regulations February 10
, 2014
1630Stationary Sources): Appendix M of 40 CFR Part 51 or Appendix A of 40 CFR Part 60.
3. For emission standards in 9V AC5-60 (Hazardous Air Pollutant Sources): Appendix B of 40 CFR Part 61 or Appendix A of 40 CFR Part 63. "Regional director" means the regional director of an administrative region of the Department of Environmental Quality or a designated representative.

"Regulation of the board" means any regulation adopted by the State Air Pollution Control Board under any provision of the Code of Virginia.

"Regulations for the Control and Abatement of Air Pollution" means 9V AC5-I 0 (General Definitions) through 9V AC5-80 (Permits for Stationary Sources).

"Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids except liquefied petroleum gases as determined by American Society for Testing and Materials publication, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)" (see 9VAC5-20-21).

"Run" means the net period of time during which an emission sample is collected. Unless otherwise specified, a

run may be either intermittent or continuous within the limits of good engineering practice.

"Section lll(d) plan" means the portion or portions of the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with § Ill ( d)(l) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with § 111 ( d)(2) of the federal Clean Air Act, and which implements the relevant requirements of the federal Clean Air Act.

"Section lll(d)/129 plan" means the portion or portions of the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with §§ Ill (d)(l) and l29(b)(2) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with §§ lll(d)(2) and 129(b)(3) ofthe federal Clean Air Act, and which implements the relevant requirements of the federal Clean Air Act.

"Shutdown" means the cessation of operation of an affected facility for any purpose.

"Source" means any one or combination of the following: buildings, structures, facilities, installations, articles, machines, equipment, landcraft, watercraft, aircraft or other contrivances which contribute, or may contribute, either directly or indirectly to air pollution. Any activity by any person that contributes, or may contribute, either directly or indirectly to air pollution, including, but not limited to, open burning, generation of fugitive dust or emissions, and cleaning with abrasives or chemicals.

"Stack" means any point in a source designed to emit solids, liquids or gases into the air, including a pipe or duct, but not including flares. 

# Regulations

"Stack in existence" means that the owner had:

I. Begun, or caused to begin, a continuous program of physical on site construction of the stack; or 2. Entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner, to undertake a program of construction of the stack to be completed in a reasonable time.
"Standard conditions" means a temperature of 20°C (68°F) and a pressure of760 mm ofHg (29.92 inches ofHg).

"Standard of performance" means any provision of 9V AC5- 50 (New and Modified Stationary Sources) which prescribes

an emissions limitation or other requirements that control air pollution emissions.

"Startup" means the setting in operation of an affected facility for any purpose.

"State enforceable" means all limitations and conditions which are enforceable by the board or department, including, but not limited to, those requirements developed pursuant to 9V AC5-20-ll 0; requirements within any applicable regulation, order, consent agreement or variance; and any permit requirements established pursuant to 9V AC5-80 (Permits for Stationary Sources).

"State Implementation Plan" means the plan, including the
most recent revision thereof, which has been approved or promulgated by the administrator, U.S. Environmental Protection Agency, under § 11 0 of the federal Clean Air Act, and which implements the requirements of§ 110.

"Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant. A stationary source shall include all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and

are under the control of the same person (or persons under

common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part of the

same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two-digit code) as described in the Standard Industrial Classification Manual (see 9V AC5-20-21 ).

"These regulations" means 9V AC5-I 0 (General Definitions) through 9V ACS-80 (Permits for Stationary Sources).

"Total suspended particulate" or "TSP" means particulate
matter as measured by the reference method described in Appendix B of 40 CFR Part 50.

"True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute (API) publication, "Evaporative Loss from External FloatingRoof Tanks" (sec 9VAC5-20-21). The API procedure may not be applicable to some high viscosity or high pour crudes. Available estimates of true vapor pressure may be used in special cases such as these.

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1631

# Regulations

"Urban area" means any area consisting of a core city with a population of 50,000 or more plus any surrounding localities with a population density of 80 persons per square mile and designated as such in 9VAC5-20-20 I.

"Vapor pressure," except where specific test methods are specified, means true vapor pressure, whether measured directly, or determined from Reid vapor pressure by use of the applicable nomograph in American Petroleum Institute publication, "Evaporative Loss from Floating-Roof Tanks" (see 9V AC5-20-21 ).

"Virginia Air Pollution Control Law" means Chapter 13 (§ I 0.1-1300 et seq.) of Title 10.1 of the Code of Virginia.

"Volatile organic compound" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric photochemical reactions.
1. This includes any such organic compounds which have been determined to have negligible photochemical reactivity other than the following:

a. Methane;
b. Ethane;

c. Methylene chloride ( dichloromethane ); d. 1, I, !-trichloroethane (methyl chloroform);

e. I, I ,2-trichloro-1 ,2,2-trifluoroethane (CFC-113 ); 

### f. Trichlorofluoromethane (CFC-11 );

g. Dichlorodifluoromethane (CFC-12);
h. Chlorodifluoromethane (I-I 

### CFC-22);
i. Trifluoromethane (I-I 

### FC-23); j. 

### I ,2-dichloro I, I ,2,2,-tetrafluoroethane (CFC-114);
k. Ch1oropentafluoroethane (CFC-115);
I. 1, I, 1-trifluoro 2,2-dichloroethane (HCFC-123);

m. 1, I, 1,2-tetrafluoroethane (HFC-134a);

n. I, 1-dichloro 1-fluoroethane (HCFC-141 b);

o. 1-chloro I, 1-difluoroethane (HCFC-142b );
p. 2-chloro-1, I, I ,2-tetrafluoroethane (HCFC-I24);

q. Pentafluoroethane (HFC-125);

r. 

### I, I ,2,2-tetrafluoroethane (HFC-134 );

s. 1, I, 1-trifluoroethane (HFC-143a);

t. 

### I, 1-difluoroethane (HFC-152a);

u. Parachlorobenzotrifluoride (PCBTF);

v. Cyclic, branched, or linear completely methylated siloxanes;

w. Acetone;

x. Perchloroethylene (tetrachloroethylene);

y. 3,3-dichloro-1, I, I ,2,2-pentafluoropropane (HCFC225ca); z. I ,3-dichloro-1, 1,2,2,3-pentafluoropropane (HCFC225cb);

aa. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43- 1 Omee);
bb. Difluoromethane (HFC-32);

cc. Ethyl fluoride (HFC-161 );
dd. 1,I, I ,3,3,3-hexafluoropropane (HFC-236fa);

ee. 1, I ,2,2,3-pentafluoropropane (HFC-245ca);
ff. I, 1,2,3,3-pentafluoropropane (HFC-245ea);

gg. 1, I, 1,2,3-pentafluoropropane (HFC-245eb );
hh. 1, I, 1,3,3-pentafluoropropane (HFC-245fa);
ii. I, I, I ,2,3,3-hexafluoropropane (HFC-236ea); jj. 

### 1,1,1,3,3-pentafluorobutane (HFC-365mfc);
kk. Chlorofluoromethane (HCFC-31 );
II. I chloro-1-fluoroethane (HCFC-151 a);

mm. I ,2-dichloro-1, I ,2-trifluoroethane (HCFC-123a);

nn. I, I, I ,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C 4 

### F9 

### 0CH 3 

### or HFE-7100);

oo. 2-(difluoromethoxymethyl)-1, I, I ,2,3,3,3-heptafluoropropane ((CF 3 

### hCFCFz OCH 3 );


### pp. 1-ethoxy-1 ,1 ,2,2,3,3,4,4,4-nonafluorobutane (C 4 

### F9 

### OC 2

### H 5 

### or HFE-7200);

qq. 2-(ethoxydifluoromethyl)-1, I, I ,2,3,3,3-heptafluoropropane ((CF 3 

### hCFCF 2

### 0Czl-Is);

rr. Methyl acetate;

ss. I, I, I ,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F70CJ-f3) (HFE-7000);

tt. 3-ethoxy-1, 1, I ,2,3,4,4,5,5,6,6,6-dodecafluoro-2- (trifluoromethyl) hexane (HFE-7500);

uu. 1,1, I ,2,3,3,3-heptafluoropropane (HFC 227ea);

vv. methyl formate (HCOOCH 3 );



### ww. 

## EB I, 1 ,I ,2,2,3,4,5,5,5-decafluoro-3-methoxy-4- trifluoromethyl-pentane (HFE-7300);

xx. propylene carbonate;

yy. dimethyl carbonate;

zz. trans-! ,3,3,3-tetrafluoropropene; and

aaa. HCF?OCF2H (HFE-134):
bbb. HCFoOCFoOCF 2 

### H (HFE-236cal2):

ccc. HCF 2 

### 0CFoCF,OCF 2

### H (HFE-338pccl3):
ddd. HCF 2 

### 0CFoOCF,CF,OCFoH (H-Galden 1040x or HGalden ZT 130 (or 150 or 180)): and

eee. Perfluorocarbon compounds which fall into these classes: (I) Cyclic, branched, or linear, completely fluorinated alkanes; (2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1632(3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.
2. For purposes of determining compliance with emissions standards, volatile organic compounds shall be measured by the appropriate reference method in accordance with the provisions of 9V AC5-40-30 or 9VAC5-50-30, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly reactive compounds may be excluded as a volatile organic compound if the amount of such compounds is accurately quantified, and such exclusion is approved by the board.
3. As a precondition to excluding these compounds as volatile organic compounds or at any time thereafter, the board may require an owner to provide. monitoring or testing methods and results demonstrating, to the satisfaction of the board, the amount of negligibly reactive compounds in the emissions of the source. 4. Exclusion of the above compounds in this definition in effect exempts such compounds from the provisions of emission standards for volatile organic compounds. The compounds are exempted on the basis of being so inactive that they will not contribute significantly to the formation of ozone in the troposphere. However, this exemption does
not extend to other properties of the exempted compounds which, at some future date, may require regulation and limitation of their use in accordance with requirements of the federal Clean Air Act.
5. The following compound is a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements that apply
to VOCs and shall be uniquely identified in emission reports, but is not a VOC for purposes of VOC emission standards, VOC emissions limitations, or VOC content requirements: t-butyl acetate. "Welfare" means that language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation, man-made materials, animals, wildlife, weather, visibility and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well-being.

VA.R. Doc. No. R14-3611; Filed January 10.2014, 1:33 p.m. 

### Fast-Track Regulation
Title of Regulation: 

### 9VACS-80. Permits for Stationary Sources (Rev. Gl3) (amending 9VAC5-80-ll10). 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.
Public Hearing Information: No public hearings are scheduled. 

# Regulations

Public Comment Deadline: March 12,2014. Effective Date: March 27,2014. 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, TTY (804) 698-4021, or email gary .graham@deq. virginia.gov.
Basis: Section I 0.1-1308 of the Virginia Air Pollution Control Law (Chapter 13 

### (§ 10.1-1300 et seq.) of Title 10.1 of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollution to protect public health and welfare. Written assurance from the Office of the Attorney General that the State Air Pollution Control Board possesses the statutory authority to promulgate the proposed regulation amendments is available upon request. Federal Requirements. Section 110(a) of the Clean Air Act (CAA) mandates that each state adopt and submit to EPA a plan that provides for the implementation, maintenance, and enforcement of each primary and secondary air quality standard within each air quality control region in the
state. The state implementation plan shall be adopted only after reasonable public notice is given and public hearings are held.
40 CFR Pa1i 51 sets out the requirements for the preparation, adoption, and submittal of state implementation plans. These requirements mandate that any such plan shall include several provisions, which are found in Subpart F (Procedural Requirements), Subpart G (Control Strategy), Subpart I (Review of New Sources and Modifications), and Subpart L (Legal Authority).
State Requirements. § 10.1-1322.4 of the Code of Virginia provides an exemption (unless required by the federal government law or regulation) from permit requirements for the use of an alternative fuel or raw material, if the owner demonstrates to the board that, as a result of trial burns at the facility or other facilities or other sufficient data, the emissions resulting from the use of the alternative fuel or raw material supply are decreased. The Code of Virginia further provides (to the extent allowed by federal law or regulation) that no demonstration shall 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. Purpose: The purpose of the regulation is to protect public health, safety, and welfare by establishing the procedural and legal basis for the issuance of new source permits for a proposed new stationary source or a project at an existing one that will (i) enable the agency to conduct a preconstruction review in order to determine compliance with applicable control technology and other standards, (ii) assess the impact of the emissions from the source on air quality, and (iii) provide a state and federally enforceable mechanism to enforce permit program requirements. The purpose of the

Volume 30, Issue 12 Virginia Register of Regulations February 10, 2014
1633

## 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\NONATTN PLANS\2014\ D13

- SIP

- 3.DOC