Douglas W. Domenech 

Secretary of Natural Resources 

COMMONWEALTH a/VIRGINIA 

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.goY 

NOV 08 2011 

Ms. Diana Esher, Director 

Air Protection Division (3APOO) 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

David K. Paylor 

Director 

(804) 698-4000 

1-800-592-5482 

Reference: Transcontinental 

Fluvanna Station 175 

Dear Ms. Esher: 

Pursuant to the requirements of § 11 0 of the Clean 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 § 1 0.1-1185 of the Code of Virginia and in accordance with 

the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of 

Implementation Plans). 

This revision consists of a mutual determination of permanent shutdown between the 

department and the Transcontinental Gas Pipe Line Corporation (Transco). Because the affected 

units are permanently shut down, DEQ is requesting that EPA remove the permit from the SIP. 

Once EPA has approved this request and DEQ has notified Transco of this approval, the pennit 

repeal will become effective 30 days later. 

Enclosed are the following: 

1. SIP revision. 

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

procedures. 

3. Record of hearing and summary of testimony. 
4. An electronic copy ofthe 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. 

S' cerely, 

:a~~gPfA DKP\kgs 

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Enclosures 
ENCLOSURE 1

1

COMMONWEALTH OF VIRGINIA

STATE IMPLEMENTATION PLAN REVISION

FOR

PHASE II OF THE NOX SIP CALL

REPEAL OF STATE OPERATING PERMIT

FOR

TRANSCONTINENTAL GAS PIPE LINE CORPORATION

STATION 175, FLUVANNA COUNTY

On October 27, 1998, the U.S. Environmental Protection Agency (EPA) published a 

final rule, “Finding of Significant Contribution and Rulemaking for Certain States in the 

Ozone Transport Assessment Group Region for Purposes of Reducing Regional 

Transport of Ozone” (63 FR 57355). This rule, known as the NOX SIP Call, required 

Virginia and certain other states to reduce the summertime emissions of nitrogen

oxides (NOX), which is one of the precursors of ozone pollution, and to submit a revision 

to their State Implementation Plans (SIPs) that identified measures necessary to 

achieve these reductions.

EPA was subsequently challenged through the courts on the NOX SIP Call rule. On 

March 3, 2000, the DC Circuit Court issued a decision that largely favored EPA while 

ruling against them on several issues. One of the issues for which the court ruled 

against EPA involved the failure to provide adequate notice of the change in control 

level assumed for large stationary internal combustion (IC) engines. The stay was lifted 

for the issues for which the court ruled in EPA's favor. Subsequently, the State Air 

Pollution Control Board promulgated a regulation to comply with the requirements of the 

NOX SIP Call. The Department of Environmental Quality (DEQ) then submitted this 

regulation to EPA as a SIP revision on June 25, 2002. EPA approved this revision July 

8, 2003 (68 FR 40520). This action is known as the Phase I NOX SIP Call, and 

addresses only those requirements for which the stay was lifted.

In response to the remaining issues resulting from the court decision, EPA published a 

final rule on April 21, 2004 (69 FR 21603). This rule, “Interstate Ozone Transport: 

Response to Court Decisions on the NOX SIP Call, NOX SIP Call Technical 

Amendments, and § 126 Rules,” is known as Phase II of the NOX SIP Call. It

addressed the remaining requirements not included in Phase I of the NOX SIP Call. 

One of the actions of this rule was to set control levels for large stationary IC engines.

EPA's Phase II NOX SIP Call rule targeted emission reductions from large IC engines, 

which are those that had an average NOX emission of one ton per day or more during 

the 1995 ozone season. EPA then reviewed the IC engine inventory in order to develop 

a database that identifies affected sources and the emissions reductions these sources 

need to achieve.

In Virginia, it was determined that Transcontinental Gas Pipe Line Corporation
2

(Transco) owns all of the potentially affected sources in the state. Four of Transco's 

stations in Virginia are subject to the IC engine portion of the Phase II NOX SIP Call:

Station Number Location Registration Number

Station 165 Chatham, VA (Pittsylvania County) 30864

Station 170 Appomattox, VA (Appomattox County) 30863

Station 175 Scottsville, VA (Fluvanna County) 40789

Station 180 Unionville, VA (Orange County) 40782

The total required reduction of NOX from the affected stations was 3,343 tons from 17 

engines, assuming a .98 growth factor and an 82% NOX reduction. This differs from 

the 6,168 tons shown as the Phase II incremental reduction in 40 CFR 51.121(e)(3); 

however, EPA identified 17 large engines projected to emit 4,077 tons in 2007 and 

verified that an 82% reduction equates to 3,343 tons. Communications between DEQ 

and EPA acknowledge that the NOX emission reductions required as published was an 

error, and that the reductions required is 3,343 tons per ozone season.

EPA required that Virginia confirm that the identified ICs were those that would be 

required to control by 82%. It also required that, in the demonstration, the inventory 

was referenced in order to show that Virginia is meeting all Phase II requirements. The 

final EPA rule also addressed revisions of budget numbers, and corrections made 

during the rulemaking process, which allow correction of the final numbers to be made 

in the SIPs approvals which take action on the state rules. Emissions correlated to the 

needed reductions as determined by Virginia and verified by EPA are shown below:

Station 

Information

1995 NOX

Emissions 2007 Ozone Season NOX Emissions

Ozone Season EPA Total Targeted Targeted Allowable 

Station Location tons per season Growth NOX Reduction NOX Changes Total NOX

No. Factor tons % tons tons

165 Pittsylvania County 201.8223 0.98 197.7859 82% (162.1844) 35.6015 

170 Appomattox County 2691.7290 0.98 2,637.8944 82% (2,163.0734) 474.8210 

175 Fluvanna County 1107.8730 0.98 1,085.7155 82% (890.2867) 195.4288 

180 Orange County 158.6610 0.98 155.4878 82% (127.5000) 27.9878 

Totals for All 

Units

Subject to 

Rule 4160.0853 4076.883594 (3,343.0445) 733.8390

Transco Station 175 located in Fluvanna County, Virginia was identified as a source 

subject to the IC engine portion of the Phase II NOX SIP Call requirements. A legally 

enforceable mechanism (federally enforceable state operating permit) was drafted to 

ensure compliance with the Phase II NOX SIP Call requirements. DEQ subsequently 

submitted the permit as a revision to the Commonwealth of Virginia SIP on March 12, 

2007, and EPA approved the submittal on October 30, 2008 (73 FR 64551).

On July 26, 2011, Transco and DEQ joined a mutual determination of permanent 
3

shutdown of the 4 large stationary natural gas-fired, spark ignited, reciprocating IC

engines that were permitted, in accordance with 9VAC5-20-220, shutdown of a 

stationary source:

A. Upon a final decision by the board that a stationary source or emissions unit is shut down 

permanently, the board shall revoke any permits by written notification to the owner and remove 

the stationary source or emissions unit from the emission inventory or consider its emissions to be 

zero in any air quality analysis conducted; and the stationary source or emissions unit shall not 

commence operation without a permit being issued under the applicable provisions of 9VAC5 

Chapter 80 (9VAC5-80-10 et seq.).

B. The final decision shall be rendered as follows:

1. Upon a determination that the stationary source or emissions unit has not operated for 

a year or more, the board shall provide written notification to the owner (i) of its proposed 

decision that the stationary source or emissions unit is considered to be shut down 

permanently and (ii) that if the owner fails to provide within three months of the notice 

written response to the board that the shutdown is not to be considered permanent, the 

decision shall become final within six months of the notice. The response from the owner 

shall include the basis for the assertion that the shutdown is not to be considered 

permanent and a projected date for restart-up of the stationary source or emissions unit.

2. If the board should find that the basis for the assertion is not sound or the projected 

restart-up date allows for an unreasonably long period of inoperation, the decision to 

consider the shutdown permanent shall become final one year after the date of the notice 

of the proposed decision.

C. Nothing in any regulation of the board shall be construed to prevent the board and the owner 

from making a mutual determination that a stationary source or emissions unit is shut down 

permanently prior to any final decision rendered under subsection A of this section.

The state operating permit regulations also require, in accordance with subsection L of 

9VAC5-80-1210 (Permit invalidation, suspension, revocation and enforcement), that 

“nothing in the regulations of the board shall be construed to prevent the board and the 

owner from making a mutual determination that a permit is rescinded because all of the 

statutory or regulatory requirements (i) upon which the permit is based or (ii) that 

necessitated issuance of the permit are no longer applicable.” However, the permit 

provides that:

The Board may revise (modify, rewrite, change or amend) or repeal this permit with the consent of 

Transcontinental Gas Pipe Line Corporation, for good cause shown by Transcontinental Gas Pipe 

Line Corporation, or on its own motion provided approval of the revision or repeal is accomplished 

in accordance with Regulations of the Board and the Administrative Process Act (§ 2.2-4000 et 

seq.). Such revision or repeal shall not be effective until the revision or repeal is approved by the 

U. S. Environmental Protection Agency following the requirements of 40 CFR Part 51 

(Requirements for Preparation, Adoption, and Submittal of Implementation Plans).

Because the affected units are permanently shut down, DEQ is requesting that EPA 

remove the permit from the SIP. Once EPA has approved this request and DEQ has 

notified Transco of the approval, the permit repeal will become effective 30 days later.

The shutdown agreements between Transco and DEQ are provided in Attachment A. 

The original permit is included as Attachment B.

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ATTACHMENT A

4

LEGALLY ENFORCEABLE MECHANISM

(MUTUAL DETERMINATION OF PERMANENT SHUTDOWN)

TO ENABLE RESCISSION OF THE RACT PERMIT

FOR

Transcontinental Gas Pipe Line Corporation

Transco Station 175

Fluvanna County, Virginia

Registration No. 40789

Under the authority provided in 9VAC5-20-220, the Director of the Valley Regional 

Office signed a mutual determination of permanent shutdown with Transcontinental 

Gas Pipe Line Corporation (Transco) on July 26, 2011, to be effective that same day. 

The determination was issued following the procedural requirements of 9VAC5-20-220

of Part II of 9VAC5-20 (General Provisions).



ATTACHMENT B

ORIGINAL PERMIT

TO ENSURE COMPLIANCE WITH

PHASE II NOX SIP CALL REQUIREMENTS

FOR

Transcontinental Gas Pipe Line Corporation

Transco Station 175

Fluvanna County, Virginia

Registration No. 40789

Under the authority provided in 9VAC5-170-180 and Section IV B 2 of Agency Policy 

Statement No. 2-2003 (dated June 20, 2003), the Director of the Valley Regional Office 

approved and issued the permit on January 30, 2007, to be effective that same day. 

The permit was approved and issued following the procedural requirements of Article 5 

(9VAC5-80-800 et seq.) of Part II of 9 VAC 5-80 (Permits for Stationary Sources).

Because the affected units are permanently shut down, DEQ is requesting that EPA 

remove the permit from the SIP. Once EPA has approved this request and DEQ has 

notified Transcontinental Gas Pipe Line Corporation (Transco) of this approval, the 

permit repeal will become effective 30 days later.












ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102(f) and Section 2.1(b) and (d) through (g) of Appendix V 

of 40 CFR Part 51, the following information regarding public participation activities and 

compliance with state administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity to 

submit to accept public testimony concerning a proposed revision to the Commonwealth 

of Virginia State Implementation Plan was held from September 26 to October 26, 2011.

As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was given notice of 

the public comment period and hearing in the Virginia Register of Regulations, along 

with the location of the proposal for public inspection, on September 26, 2011. The 

notice was also published in the Charlottesville Daily Progress. As required by Section 

2.1(g) of Appendix V of 40 CFR Part 51, the hearing was held in accordance with the 

information found in the public notice, and according to the state's laws. The attached 

copies of the notice provide 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. This notification follows the requirements of 40 CFR Part 

51.102(d).

The complete record of the public comment period, along with any testimony received 

and responses thereto, is located at the Air Division of the Department of Environmental 

Quality. The department contact to access this information is the Director, Air Division. 

A summary of the testimony received and responses thereto is attached.

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by § 2.2-4031 of the Code of Virginia, notice of the public comment period

was given to the public in the Virginia Register of Regulations on September 26, 2011

(copy attached).

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General Notices/Errata 

Citizens are invited to discuss the development of an 

implementation plan (IP) to address water quality 

impairments in the Mill Creek Watershed. Water quality 

monitoring indicates that levels of dissolved oxygen, pH, and 

bacteria in Mill Creek violate Virginia's water quality 

standards for its designated recreation use. A total maximum 

daily load (TMDL) study for the dissolved oxygen 

impairment was approved by EPA in 2009 and is available on 

DEQ's website at 

http://www.deq.virginia.gov/tmdl/develop.html. 

The IP is developed to provide a clean up plan that will lead 

to attainment of the water quality standards. Public 

participation and stakeholder involvement are necessary to 

develop an effective and reasonable IP. This meeting will 

present the findings of the TMDL study and the necessary 

steps in the IP development. A Technical Advisory 

Committee (TAC) and/or work groups will also be formed in 

order to provide detailed information during the IP process. 

How to comment: The public comment period on the 

development of the IP will end on October 26, 2011. Oral 

comments will be accepted and addressed at the public 

meeting. For additional questions or information or to submit 

comments, contact Jennifer Howell, TMDL Coordinator, 

Department of Environmental Quality, 5636 Southern Blvd., 

Virginia Beach, VA 23262, telephone (757) 518-2111, FAX 

(757) 518-2009, or email jennifer.howell@deq.virginia.gov. 

Written comments and inquiries should include the name, 

address, and telephone number of the person submitting the 

comments. 

Total Maximum Daily Load Studies in the Cities of 

Virginia Beach and Chesapeake 

The Virginia Department of Environmental Quality (DEQ) 

will host a public meeting on water quality studies for several 

creeks located in the Cities of Virginia Beach and Chesapeake 

on Monday, October 3, 2011. 

The meeting will start at 4 p.m. at Creeds Ruritan Barn, 

Virginia Beach Farm Bureau Office located at 1057 Princess 

Anne Road, Virginia Beach, Virginia. The purpose of the 

meeting is to provide information and discuss the study with 

interested local community members and local government. 

Redhead Bay at Drum Point, Beggars Bridge Creek, Upper 

and Lower Hell Point Creek, Muddy Creek, Lower Ashville 

Bridge Creek, and Middle North Landing River were 

identified in Virginia's Water Quality Assessment and 

Integrated Report as impaired for not supporting the primary 

contact use. The impairment is based on water quality 

monitoring data reports of sufficient exceedances of 

Virginia's water quality standard for bacteria. 

Pocaty River and Blackwater Creek were identified in 

Virginia's Water Quality Assessment and Integrated Report as 

impaired for not supporting the aquatic life use. The 

impairment is based on water quality monitoring data reports 

of sufficient violations of Virginia's water quality standard for 

dissolved oxygen. 

Section 303(d) of the Clean Water Act and § 62.1-44.19:7 C 

of the Code of Virginia, require DEQ to develop total 

maximum daily loads (TMDLs) for pollutants responsible for 

each impaired water contained in Virginia's § 303(d) TMDL 

Priority List and Report and subsequent water quality 

assessment reports. 

During the study, DEQ will develop TMDLs for the impaired 

waters. A TMDL is the total amount of a pollutant a water 

body can contain and still meet water quality standards. To 

restore water quality, pollutant levels have to be reduced to 

the TMDL amount. 

The public comment period on materials presented at this 

meeting will extend from October 4, 2011, to November 2, 

2011. For additional information or to submit comments, 

contact Jennifer Howell, Virginia Department of 

Environmental Quality, Tidewater Regional Office, 5636 

Southern Blvd., Virginia Beach, VA 23462, telephone (757) 

518-2111, or email jennifer.howell@deq.virginia.gov.

Additional information is also available on the DEQ website 

at www.deq.virginia.gov/tmdl. 

Proposed State Implementation Plan Revision - 

Facility in Fluvanna County

Notice of action: The Department of Environmental Quality 

(DEQ) is announcing an opportunity for public comment on a 

proposed plan regarding air pollution emitted by a facility in 

Fluvanna County, Virginia. The Commonwealth intends to 

submit the plan as a revision to the Commonwealth of 

Virginia state implementation plan (SIP) in accordance with 

the requirements of § 110(a) of the federal Clean Air Act. The 

SIP is the plan developed by the Commonwealth in order to 

fulfill its responsibilities under the federal Clean Air Act to 

attain and maintain the ambient air quality standards 

promulgated by the U.S. Environmental Protection Agency 

(EPA) under the Act. 

Purpose of notice: DEQ is seeking comments on whether a 

now-obsolete permit that had established emission limits for 

NOX for certain affected units in compliance with the 

provisions of EPA's Phase II NOX SIP Call Rule should be 

removed from the SIP. 

Public comment period: September 26, 2011, to October 26, 

2011. 

Public hearing: Department of Environmental Quality, Valley 

Regional Office, 4411 Early Road, Conference Room, P.O. 

Box 3000, Harrisonburg, Virginia, at 6 p.m. on October 26, 

2011. 

Description of proposal: The Transcontinental Gas Pipe Line 

Corporation (Registration No. 40789) has permanently shut 

Volume 28, Issue 2 Virginia Register of Regulations September 26, 2011 

145
General Notices/Errata 

down four large stationary natural gas-fired, spark ignited, 

reciprocating IC engines that were permitted in order to 

comply with the provisions of EPA's Phase II NOX SIP Call 

Rule. Because these units are permanently shut down, DEQ is 

requesting that EPA remove the permit from the SIP. Once 

EPA has approved this request and DEQ has notified the 

owner of this approval, the permit repeal will become 

effective 30 days later. DEQ is seeking comments on the 

issue of whether the now-obsolete permit should be removed 

from the SIP. 

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations (40 

CFR 51.102). The proposal will be submitted as a revision to 

the Commonwealth of Virginia SIP under § 110(a) of the 

federal Clean Air Act in accordance with 40 CFR 51.104. 

How to comment: DEQ accepts written comments by email, 

fax, and postal mail. In order to be considered, written 

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. Commenters 

submitting faxes are encouraged to provide the signed 

original by postal mail within one week. Both oral and 

written comments are accepted at the public hearing. DEQ 

prefers that comments be provided in writing, along with any 

supporting documents or exhibits. All testimony, exhibits, 

and documents received are part of the public record. Please 

note this proposed plan is being concurrently reviewed by 

EPA. 

To review proposal: The proposal and any supporting 

documents are available on the DEQ Air Public Notices for 

Plans website at 

http://www.deq.virginia.gov/air/permitting/planotes.html. The 

documents may also be obtained by contacting the DEQ 

representative named below. The public may review the 

documents between 8:30 a.m. and 4:30 p.m. of each business 

day until the close of the public comment period at the 

following locations: 

1) Main Street Office, 629 East Main Street, 8th Floor, 

Richmond, VA, telephone (804) 698-4070, and 

2) Valley Regional Office, 4411 Early Road, P.O. Box 

3000, Harrisonburg, VA. 

Contact Information: Deb Medlin, Department of 

Environmental Quality, 4411 Early Road, P.O. Box 3000, 

Harrisonburg, VA 22801, telephone (540) 574-7809, FAX 

(540) 574-7878, or email debbie.medlin@deq.virginia.gov. 

STATE LOTTERY DEPARTMENT 

Director's Order 

The following Director's Order of the State Lottery 

Department was filed with the Virginia Registrar of 

Regulations on September 1, 2011. The order may be viewed 

at the State Lottery Department, 900 East Main Street, 

Richmond, VA, or at the office of the Registrar of 

Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA. 

Director's Order Number Eighty (11)

Virginia Lottery's "New Year Bonus Sweepstakes" Final 

Rules for Game Operation (effective on August 31, 2011, and 

remain in full force and effect unless amended or rescinded 

by further Director's Order. Upon the effective date, the rules 

supersede and replace any and all prior Virginia Lottery 

"New Year Bonus Sweepstakes" game rules.) 

DEPARTMENT OF MEDICAL ASSISTANCE 

SERVICES 

Reimbursement of Incontinence Supplies by 

Contract 

Notice of Intent to Amend the Virginia State Plan for 

Medical Assistance (pursuant to § 1902(a)(13) of the 

Act (USC 1396a(a)(13)) 

The Virginia Department of Medical Assistance Services 

(DMAS) hereby affords the public notice of its intention to 

amend the Virginia State Plan for Medical Assistance to 

provide for changes to reimbursement for incontinence 

supplies. 

Effective January 1, 2012, the Commonwealth of Virginia 

plans to reimburse incontinence supplies through a contractor 

selected by competitive bid as directed by Item 297 VVV of 

Chapter 874 of the 2010 Acts of Assembly and under the 

authority of § 1915(a)(1)(B) of the Social Security Act and 42 

CFR 431.54(d). This contract is expected to save the agency 

$1.7 million annually and to improve the delivery of 

incontinence supplies to Medicaid members who require such 

services. Comments can be mailed to or copies of proposed 

changes can be requested from Carla Russell, Department of 

Medical Assistance Services, 600 East Broad Street, 

Richmond, VA 23219. 

DMAS will provide copies of its regulatory action to all 

requesters. Please forward your written request to the 

Regulatory Coordinator, Department of Medical Assistance 

Services, 600 East Broad Street, Richmond, VA, 23219. 

Further information is also available at 

www.townhall.virginia.gov. 

Contact Information: Brian McCormick, Regulatory 

Supervisor, Department of Medical Assistance Services, 600 

East Broad Street, Suite 1300, Richmond, VA 23219, 

telephone (804) 371-8856, FAX (804) 786-1680, TDD (800) 

343-0634, or email brian.mccormick@dmas.virginia.gov. 

Volume 28, Issue 2 Virginia Register of Regulations September 26, 2011 

146 
ENCLOSURE 3

RECORD OF HEARING AND SUMMARY OF TESTIMONY

As required by 40 CFR 51.102(e), the complete record of the hearing, along with a list 

of witnesses and the text of the written presentations or summary of the oral 

presentations, is located at the Air Division of the Department of Environmental Quality. 

The Department contact to access this information is the Director, Air Division.

The state did not receive testimony on this particular revision.

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