Molly Joseph Ward 

Secretary of Natural Resources 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

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

Mailing address: P.O. Box 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 

David 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 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§ 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 (9VAC5-10)

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 authorized 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 region" means any 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 (9VAC5-10)

"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 and (ii) 

designated as such in 9VAC5-20-205.

"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 and (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 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.
COMMONWEALTH OF VIRGINIA PAGE 3 of 18

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10)

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 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 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 
COMMONWEALTH OF VIRGINIA PAGE 4 of 18

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10)

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 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.

"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 9VAC5-40 (Existing Stationary 

Sources), 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 (9VAC5-10)

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 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 in 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.) 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 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, for increases in 
COMMONWEALTH OF VIRGINIA PAGE 6 of 18

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10)

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 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 downwash, 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 § 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 (9VAC5-10)

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 9VAC5-80 

(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,
COMMONWEALTH OF VIRGINIA PAGE 8 of 18

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10)

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 promulgated 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 emission 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 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 9VAC5-40-30.
COMMONWEALTH OF VIRGINIA PAGE 9 of 18

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10)

"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 

9VAC5-80 (Permits for Stationary Sources) for determining initial compliance with permit 

limitations. 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 stream 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 any 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 (9VAC5-10)

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 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 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 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.

"PM10" 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.

"PM10 emissions" means finely divided solid or liquid material, with an 

aerodynamic diameter less than or equal to a nominal 10 micrometers 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 (9VAC5-10)

"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 9VAC5-20-204 for a particular pollutant and 

designated as such in 9VAC5-20-205.

"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:

1. 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 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 (9VAC5-10)

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 Control 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" 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) 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 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 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 
COMMONWEALTH OF VIRGINIA PAGE 13 of 18

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10)

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.

"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 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 

of 760 millimeters of Hg (29.92 inches of Hg).

"Standard of performance" means any provision of 9VAC5-50 (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 9VAC5-20-110, requirements within any applicable 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 approved or promulgated by the administrator, U.S. 

Environmental Protection Agency, under § 110 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.
COMMONWEALTH OF VIRGINIA PAGE 14 of 18

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10)

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 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 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" 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);
COMMONWEALTH OF VIRGINIA PAGE 15 of 18

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10)

d. 1,1,1-trichloroethane (methyl chloroform);

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

f. Trichlorofluoromethane (CFC-11);

g. Dichlorodifluoromethane (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 (9VAC5-10)

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 

(C4F9OCH3 or HFE-7100);

oo. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3);

pp. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5

or HFE-7200);

qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5);
COMMONWEALTH OF VIRGINIA PAGE 17 of 18

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10)

rr. Methyl acetate; 

ss. 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F7OCH3) (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 (HCOOCH3);

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. HCF2OCF2H (HFE-134); 

bbb. HCF2OCF2OCF2H (HFE-236cal2); 

ccc. HCF2OCF2CF2OCF2H (HFE-338pcc13); 

ddd. HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or HGalden 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 (9VAC5-10)

(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 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 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 which apply to VOCs and shall be uniquely identified in emission reports, 

but is not a VOC for purposes of VOC emissions 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 activities and compliance with state 

administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

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

to submit written comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan was held from 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 with 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, were notified of the public 

comment period. These notifications follow the requirements of 40 CFR Part 

51.102(d)(3), (4) and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

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 

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, 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 

Commonwealth 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 promulgated 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, 2014, 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 the 

hearing and be received by DEQ by the last day of the 

comment period. Notice of the date, time, and location of any 

requested public hearing will be announced in a separate 

notice, and another 30-day comment period will be 

conducted.

Public comment stage: 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 definition of VOC in 

40 CFR 51.100 to exclude HCF2OCF2H (HFE-134); 

HCF2OCF2OCF2H (HFE-236cal2); HCF2OCF2CF2OCF2H 

(HFE-338pcc13); and HCF2OCF2OCF2CF2OCF2H (HGalden 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 

1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethylpentane (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 under § 110(a) of the federal 

Clean Air Act in accordance with 40 CFR 51.104. It is 

planned to submit all provisions of the proposal as a revision 

to the SIP.

How to comment: DEQ accepts written comments by email, 

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

must include the full name, address, and telephone number of 

the person commenting and be received by DEQ by the last 

day of the comment period. All materials received are part of 

the public record.

To review regulation documents: The proposal and any 

supporting documents are available on the DEQ Air Public 
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 below. The public 

may review the documents between 8:30 a.m. and 4:30 p.m. 

of each business day until the close of the public comment 

period at the following DEQ locations: 

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

Richmond, VA, telephone (804) 698-4000;

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 

the 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, 2014, 

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 

Regulations, 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 rescinded 

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 HCF20CF2H 

(HFE-134); HCF20CF20CF2H (HFE-236ca12); 

HCF20CFzCFzOCF2H (HFE-338pccl3); and 

HCFzOCFzOCFzCF20CF2H (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 HCF20CF2H (HFE-134); HCF20CF20CF2H (HFE236ca12); HCF20CF2CF20CF2H (HFE-338pcc 13); and 

HCF20CF20CF2CF20CF2H (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 

HCF20CF2l-I (HFE-134); HCF20CF20CF2H (HFE-236cal2); 

HCF20CF2CF20CF2H (HFE-338pccl3); and 

HCF20CF20CF2CF20CF2H (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: HCF20CF2H (HFE-134); 

HCF20CF20CF2H (HFE-236cal2); HCF20CF2CF20CF2H 

(HFE-338pcc13); and HCF20CF20CF2CF20CF2H (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]OCF2H (HFE-134); 

HCF20CF20CF2H (HFE-236cal2); HCF20CP]O]OC 

F]H (f/FE-338pcc13); and HCF]OCF]OCF]CF20CF2ll 

(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 

1626 
growth 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 

1628 
standards 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 9V ACS-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. 

"PM10" 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. 

"PM10 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 

1630 
Stationary 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 9V AC5-20-20 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 

(C4F90CH3 or HFE-7100); 

oo. 2-( difluoromethoxymethyl)-1, I, I ,2,3,3,3-heptafluoropropane ((CF3hCFCFz OCH3); 

pp. 1-ethoxy-1 ,1 ,2,2,3,3,4,4,4-nonafluorobutane (C4F9 

OC2H5 or HFE-7200); 

qq. 2-( ethoxydifluoromethyl)-1, I, I ,2,3,3,3-heptafluoropropane ((CF3hCFCF20Czl-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 (HCOOCH3); 

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. HCFoOCFoOCF2H (HFE-236cal2): 

ccc. HCF20CFoCF,OCF2H (HFE-338pccl3): 

ddd. HCF20CFoOCF,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 9V AC5-50-30, 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: 9V ACS-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 HCF20CF2H 

(HFE-134); HCF20CF20CF2H (HFE-236ca12); 

HCF20CFzCFzOCF2H (HFE-338pccl3); and 

HCFzOCFzOCFzCF20CF2H (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 HCF20CF2H (HFE-134); HCF20CF20CF2H (HFE236ca12); HCF20CF2CF20CF2H (HFE-338pcc 13); and 

HCF20CF20CF2CF20CF2H (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]OCF2H (HFE-134); 

HCF20CF20CF2H (HFE-236cal2); HCF20CP]O]OC 

F]H (f/FE-338pcc13); and HCF]OCF]OCF]CF20CF2ll 

(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 

1626 
growth 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 

1628 
standards 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 9V ACS-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. 

"PM10" 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. 

"PM10 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 

1630 
Stationary 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 9V AC5-20-20 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 

(C4F90CH3 or HFE-7100); 

oo. 2-( difluoromethoxymethyl)-1, I, I ,2,3,3,3-heptafluoropropane ((CF3hCFCFz OCH3); 

pp. 1-ethoxy-1 ,1 ,2,2,3,3,4,4,4-nonafluorobutane (C4F9 

OC2H5 or HFE-7200); 

qq. 2-( ethoxydifluoromethyl)-1, I, I ,2,3,3,3-heptafluoropropane ((CF3hCFCF20Czl-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 (HCOOCH3); 

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. HCFoOCFoOCF2H (HFE-236cal2): 

ccc. HCF20CFoCF,OCF2H (HFE-338pccl3): 

ddd. HCF20CFoOCF,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 9V AC5-50-30, 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: 9V ACS-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

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

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division.

The state did not receive comments on this particular revision.

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