Molly Joseph Ward

S e cr e tary of Natural Resources 

# COMMONWEALTH of VIRGINIA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Street address : 629 East Main Street

, Richmond, Virginia 23219

Mailing addr e ss: P.O

. Box 1105

, Richmond, Virginia 23218

TDD (804) 698-4021

www

. deq

. virginia.gov



## MAY 12 

## 2014

Diana Esher, Director

Air Protection Division (3APOO)

U.S. Environmental Protection Agency, Region III

1650 Arch Street Philadelphia, Pennsylvania 19103-2029 D av id K

. P ay lor

Di r ector

(804 ) 69 8 -4020

1-800-592-548 2

Reference: Greenhouse Gas Plantwide Applicability Limits (Revision H12)

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 9VAC5 Chapter 85, Permits for Stationary Sources ofPollutants Subject To Regulation, to meet U.S. Environmental Protection Agency (EPA) final amendments

to its regulations on July 12, 2012 (77 FR 41051) for permitting of greenhouse gases (GHGs) .'

The purpose of these amendments is to establish plantwide applicability limits (PALs) for GH G

emissions. A PAL establishes a site-specific plantwide emission level for a pollutant that allows

the source to make changes at the facility without triggering the requirements of the prevention of significant deterioration (PSD) program. EPA also revised its regulations to allow a GHG-only

source to submit an application for a C0 2 e-based GHG PAL while also maintaining its minor

source status. Because these actions could streamline PSD permitting, it would be beneficial to implement them in Virginia. The regulation amendments were adopted by the State Air

Pollution Control Board on November 30, 2012 under the authority of§ 10.1-1308 of the Code

of Virginia.Enclosed are the following:

1. A true copy of the official regulation (Revision G 12) which was published in the Virginia Register of Regulations on January 27, 2014 after being duly adopted by the State Air

Pollution Control Board on November 30, 2012, certified by the Office of the Attorney General

as within the Board's statutory authority on December 6, 2012 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 December
30,2013.

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\20 14\Hl2-SIP.DOC

Enclosures David K. PaylorENCLOSURE 1

COMMONWEALTH OF VIRGINIA
STATE AIR POLLUTION CONTROL BOARD
REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED
REVISION H12
CONCERNING

PERMITS FOR STATIONARY SOURCES OF POLLUTANTS SUBJECT TO REGULATION, GREENHOUSE GAS PALs (9VAC5 CHAPTER 85 )

Adoption Date: November 30, 2012
Effective Date: March 13, 2014

CHAPTER 85 PERMITS FOR STATIONARY SOURCES OF
POLLUTANTS SUBJECT TO REGULATION

PART III PREVENTION OF SIGNIFICANT DETERIORATION PERMIT
ACTIONS

9VAC5

- 85

- 40 P revention of Significant Deterioration Area permit actions (modified)
9VAC5

- 85

- 50 Definitions (modified)
9VAC5

- 85

- 55 Actual plantwide applicability limits (PALs) (added)

TEMPLATES \ SIP

- REG \ REG01

SIP \ NONATTN PLANS \ 2014 \ H 12

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

PERMITS FOR STATIONARY SOURCES OF
POLLUTANTS SUBJECT TO REGULATION

.

PART III

. PREVENTION OF SIGNIFICANT DETERIORATION PERMIT ACTIONS

.

9VAC5

- 85

- 4 0. P revention of S ignificant D eterioration A rea permit action s

.

The requirements of Article 8 (9VAC5

- 80

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

- 80 (Permits for Stationary Sources) shall apply

, except that the with the following exceptions:

1. The terms defined shall have the meaning given to them in this part

.

2. The board, at its discretion, may apply the provi sions of 9VAC5

- 85

- 55
in lieu of 9VAC5

- 80

- 1865 ( Actuals plantwide applicability limits (PALs))

.

9VAC5

- 85

- 50 . Definitions.

A. For the purpose of applying this part in the context of the Regulations for the
Control and Abatement of Air Pollution and relate d uses, the words or terms shall have the meanings given them in 9VAC5

- 80

- 1615 (Definitions), except for the terms defined
in subsection C of this section.

B. Unless otherwise required by context, all terms not defined herein shall have the meaning s give n them in 9VAC5

- 10 (General Definitions), 9VAC5

- 80

- 5 (Definitions), or commonly ascribed to them by recognized authorities, in that order of priority.

C. Terms d efined.

" Actuals PAL " means, (i) for major stationary source s , a PAL based on the

baseline actual emissions of all emissions units at the source that emit or have the potential to emit the PAL pollutant; or (ii) for GHG

- only source s

, a PAL based on the baseline actual emissions of all emissions units at the source, that emit or have the potent ial to emit GHGs.

"Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits that restrict the operating rate, or hours of operation, or both) and the most stringent of the following:

1

. The allowable emissions for any emissions unit as calculated considering any emission limitations that are enforceable as a practical matter on the

emi ssions unit's potential to emit; orCOMMONWEALTH OF VIRGINIA PAGE 2 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

2

. An emissions unit's potential to emit

.

"Baseline actual emissions for a GHG PAL" means the average rate, in tons per year CO 2 e or tons per year GHG, as applicable, at which the emissions unit actually emitted GHGs during any consecutive 24

- month period selected by the owner

within the 5

- year period immediately preceding either the date the owner begins actual construction of the project, or the date a complete permit application is received by the
board f or a permit required under this part

. For a ny existing electric utility steam generating unit, baseline actual emissions for a GHG PAL means the average rate, in tons per year CO 2 e or tons per year GHG, as applicable, at which the emissions unit actually emitted the GHGs during any consecutive 24

- m onth period selected by the

owner within the 5

- year period immediately preceding the date the owner begins actual construction of the project . T he board will allow the use of a different time period upon a determination that it is more representative of n ormal source operation.

1 . The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

2 . The average rate shall be adjusted downward to exclude any

non

- complian t emissions that occurred while the source was operating above an emission limitation that was legally enforceable during the consecutive 24

- month period.

3 . The average rate shall be adjusted downward to exclude any

emissions that would have exceeded an emission limitation with which the stationary

source shall currently comply, had such stationary source been required to comply with such limitations during the consecutive 24

- month period.

4 . The average rate shall not be based on any consecutive 2 4

- month period for which there is inadequate information for determining annual GHG emissions and for adjusting this amount if required by subdivisions 2 and 3 of this
definition.

5. W hen a project involves multiple emissions units, only one

consecutiv e 24

- month period shall be used to determine the baseline actual emissions.

"Emissions unit" means any part of a stationary source that emits or has the potential to emit GHGs. For purposes of 9VAC5

- 85

- 55 , there are two types of emissions units: (i) a n ew emissions unit is any emissions unit that is or will be newly constructed and that has existed for less than 2 years from the date such emissions unit first operated; and (ii) an existing emissions unit is any emissions unit that does not

meet the defin ition of a new emissions unit.

"GHG

- only source " means any existing stationary source that emits or hasCOMMONWEALTH OF VIRGINIA PAGE 3 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

the potential to emit GHGs in the amount equal to or greater than the amount of GHGs

on a mass basis that would be sufficient for a new source to tri gger permitting requirements for GHGs under the definition of "major stationary source" and the
amount of GHGs on a CO 2 e basis that would be sufficient for a new source to trigger permitting requirements for GHGs under the definition of "subject to regulat ion" at the time the PAL permit is being issued, but does not emit or have the potential to emit any

other non

- GHG regulated NSR pollutant at or above the applicable majo r source threshold. A GHG

- only source may only obtain a PAL for GHG emissions under

9V AC5

- 85

- 55

.

"Greenhouse gases (GHGs)" means the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride.

" Major emissions unit " means, (i) for any major stationary source obtaining
a GHG PAL issued on a mass basis , a major emissions unit as defined in 9VAC5

- 80

- 16 1 5 C; or (ii) for a GHG PAL issued on a CO 2 e basis, any emissions unit that emits or has the potential to emit equal to or greater than the amount of GHGs on a CO 2 e basis that would be sufficient for a new source to trigger permitting requirements under the definition of "subject to regulation" at the time the PAL permit is being issued.

"Major stationary source" means a major stationary source defined in a nd subject to Article 8 (9VAC5

- 80

- 1605 et seq.) of 9VAC5

- 80 (Permits for Stationary Sources) and meets the definition of "subject to regulation

. "

"Minor source" means any stationary source that does not meet either (i)

the definition of " major stationa ry source " for any pollutant at the time the PAL is issued

, or (ii) the definition of "subject to regulation."

"Plantwide applicability limitation (PAL)" means an emission limitation expressed on a mass basis in tons per year, or expressed in tons per y ear CO 2 e for a
CO 2 e

- based GHG emission limitation, for a pollutant at a major stationary source or
GHG

- only source, that is enforceable as a practical matter and established source

- wide

in accordance with 9VAC5

- 85

- 55

.

"PAL effective date" generally mean s the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

"PAL effective period" mea ns the period beginning with the PAL effective date and ending 5 years later.

"PAL major modification" means, notwithstanding the definitions for "majorCOMMONWEALTH OF VIRGINIA PAGE 4 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

modification" and "net emissions increase" as defined in 9VAC5

- 80

- 1615 C, and the
definition of "sub ject to regulation" of this section, any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

"PAL permit" means the major NSR permit, the state o perating permit, or

the f ederal operating permit that establishes a PAL for a major stationary source or a GHG

- only source

.

"PAL pollutant" means the pollutant for which a PAL is established at a major stationary source or a GHG

- only source. For a GHG

- o nly source, the only available PAL pollutant is greenhouse gases.

"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 if the limitation or
the effec t it would have on emissions is federally enforceable or enforceable as a practical matter. Secondary emissions do not count in determining the potential to emit of a stationary source. For the purposes of actuals PALs, any physical or operational

limitati on 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 the effect it would have on emissions is federally enforceable or enforceable as a practical matter by the state.

"Regulated NSR p ollutant " means:

1 . Any pollutant for which an ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the

administrator (e.g., volatile organic compounds and NO X are precursors for ozone);

2 . Any pollutant that is subject to any standard promulgated under § 111 of the federal Clean Air Act;

3 . Any class I or II substance subject to a standard promulgated under or established by Title VI of the federal Clean Air Act; or

4 . Any pollutant that otherwise is subject to regulation under the
federal Clean Air Act as defined in the definition of "subject to regulatio n."

5 . Notwithstanding subdivisions 1 through 4 of this definition, the term "regulated NSR pollutant" shall not include any or all hazardous air pollutantsCOMMONWEALTH OF VIRGINIA PAGE 5 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

either listed in § 112 of the federal Clean Air Act, or added to the l ist pur suant to § 112(b)(2) of the federal Clean Air Act, and which have not been delisted pursuant to § 112(b)(3) of the federal Clean Air Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutan t liste d under § 108 of the
federal Clean Air Act.

"Significant emissions unit" means, (i) for a GHG PAL issued on a mass basis, an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit; or (ii) for a
GHG PAL issued on a CO 2 e basis, any emissions unit that emits or has the potential to
emit GHGs on a CO 2 e basis in amoun ts equal to or greater than the amount that would qualify the unit as small emissions unit, but less than the amount that would qualify the unit as a major emissions unit.

" Small emissions unit " means, (i) for a GHG PAL issued on a mass b asis,

an emissi ons unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant, as defined in this section or in the federal Clean Air Act, whichever is lower; or (ii) for a GHG PAL issued on a CO 2 e b asis, an emissions unit that emits or has the potential to emit less than the amount of GHGs
on a CO 2 e basis defined as "significant" for the purposes of subdivision 3 of the definition of "subject to regulation" at the time the PAL permit is being issued.

"Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the federal Clean Air Act, or a nationally applicable regulation codified by the a dmi nistrator in S ubchapter C of 40 CFR C hapte r I , that requir es actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of tha t pollutant released from the regulated activity. The foll owing exceptions shall apply:

1. GHGs shall not be subject to regulation except as provided in
subdivisions 4 and 5 of this definition and

, and shall not be subject to regulation if the stationary source maintains its total source

- wide emissions below the GHG PAL level, meets the requirements of 9VAC5

- 85

- 55 , and complies with the PAL permit containing
the GHG PAL

. A GHG

- only source with a valid CO 2 e

- based GHG PAL shall be
considered to be a minor source for GHG

.

2. Fo r purposes of subdivisions 3 t hrough 5 of this definition, the term "tpy CO 2 equivalent emissions (CO 2 e)" shall represent an amount of GHGs emitted, and shall be computed as follows:

a. Multiplying the mass amount of emissions (t py), for each of the six greenhouse gases in the pol lutant GHGs, by the gas’s associated globalCOMMONWEALTH OF VIRGINIA PAGE 6 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

warming potential published at Table A

- 1 to Subpart A of 40 CFR Part 98. For purposes of this subdivision, prior to July 21, 2014, the mass of the greenhouse gas carbon

dioxide shall not include carbon dioxide em issions resulting from the combustion or decomposition of nonfossilized and biodegradable organic material originating from plants, animals, or micro

- organisms (including products, byproducts, residues and waste from agriculture, forestry and related indus tries as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes, including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material).

b. Sum the resultant value fr om subdivision a of this

subdivi sion for each gas to compute a tpy CO 2 e.

3. The term "emissions increase" as used in subdivisions 4 and 5 of this definition shall mean that both a significant emissions increase (as calculated using the procedures in 9V AC5

- 80

- 1605 G ) and a significant net emissions increase (as
defined in 9VAC5

- 80

- 1615 C ) occur. For the pollutant GHGs, an emissions increase shall be based on tpy CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and " significant" is defined as 75,000 tpy CO 2 e instead of applying the value in subdivision b of the definition of "significant" in 9VAC5

- 80

- 1615 C

.

4. Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

a. The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the potential to emit 75,000 tpy CO 2 e or more; or

b. The stationary source is an existing major stationary source for a regulated NSR pol lutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75,000 tpy CO 2 e

or more.

5. Beginning July 1, 2011, in additio n to the provisions in subdivision 4 of this definition, the poll utant GHGs shall also be subject to regulation:

a. At a new stationary source that will emit or have the potential to emit 100,000 tpy CO 2 e; or

b. At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 e, when suc h stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO 2 e or m ore.COMMONWEALTH OF VIRGINIA PAGE 7 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

9VAC5

- 85

- 55. Actual plantwide applicability limits (PALs)

.

A. The following applicability require ments shall apply.

1. The board may approve the use of an actuals PAL for GHGs on either
a mass basis or a CO 2 e basis, for any existing major stationary source or any existing
GHG

- only source if the PAL meets the requirements of this section. The term "PAL" shall mean "actuals PAL" throughout this section.

2. Any physical change in or change in the method of operation of a major stationary source or a GHG

- only source that maintains its total source

- wide emissions below the PAL level, meets the requi rements of this section, and complies with the PAL permit:

a. Is not a major modification for the PAL pollutant;

b. Does not have to be approved through Article 8 (9VAC5

- 80

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

- 80 (Permits for Stationary Sources) or th is part ; and

c. Is not subject to the provisions of 9VAC5

- 80

- 1605 C (restrictions on relaxing enforceable emission limitations that the major stationary source used to avoid applicability of the major NSR program) ; and

d. Does not make GHGs subject to regulation.

3. Except as provided under subdivision 2 c of this subsection , a major stationary source or a GHG

- only source shall continue to comply with all applicable

f ederal or s tate requirements, emission limitations, and work practice requiremen ts that were established prior to the effective date of the PAL.

B. As part of a permit application requesting a PAL, the owner of a major stationary source or a GHG

- only source shall submit the following information to the board for approval:

1. A li st of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work p ractices apply to each unit.

2. Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown, and
malfunction.COMMONWEALTH OF VIRGINIA PAGE 8 of 19
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3. The calculation procedures that the owner proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12

- month rolling total for each month as required by subdivision M 1 of t his section

.

4. As part of a permit application requesting a GHG PAL, the owner of a major stationary source or a GHG

- only source shall submit a statement by the owner that clarifies whether the source is an existing major source as defined in the defin iti on of "major stationary source," or a GHG

- only source

.

C. The board may establish a PAL at a major stationary source or a GHG

- only source, provided that at a minimum, the following requirements are met

. At no time during or after the PAL effective per iod are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets

under 9VAC5

- 80

- 2120 F through L unless the level of the PAL is reduced by the
amount of such emissions reductions and such reductions would be creditable in the
absence of the PAL.

1

. The PAL shall impose an annual emission limitation expressed on a mass basis in tons per year, or expressed in tons per year CO 2 e, that is enforceable as a practical matter, for the ent ire major stationary source or GHG

- only source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major stationary source or GHG

- only source owner shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12

- month average, rolled monthly). For each month during the first 11 months from the PAL effective date, the major stationary source or G HG

- only source owner shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under

the PAL is less than the PAL.

2

. The PAL shall be established in a PAL permit that meets the public participation requirements in subsection D of this section.

3

. The PAL permit shall contain all the requirements of subsection

F of this section.

4

. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary source or GHG

- only source.

5

. Each PAL shall regulate emissions of only one pollutant.

6. Each PAL shall have a PAL effective period of 5 years

.

7

. The owner of the major stationary source or GHG

- only sourc eCOMMONWEALTH OF VIRGINIA PAGE 9 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in subsections L through N of this section f or each emissions unit under the PAL through the PAL effective period.

D. PALs for existing major stationary sou rces or GHG

- only sources shall be established, renewed, or increased through the public participation procedure s prescribed in the applicable permit programs identified in the definition of "PAL permit." This includes the requirement that the board provide the public with notice of the proposed approval of a PAL permit and at least a 30

- day period for submittal of public

comment. The board will address all material comments before taking final action on the permit.

E. Setting the 5

- year actuals PAL level shall be accomplished as follows.

1. Except as provided in subdivisions 2 and 3 of this subsection , the

actuals PAL level on a mass basis for a major stationary source or a GHG

- only source
shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant under the definition of "significant" in 9VAC5

- 80

- 1615

.

2. For newly constructed units ( that do not include modif ications to existing units) on which actual construction began after the 24

- month period, in lieu of adding the baseline actual emissions as specified in subdivision 1 of this sub section

, the emissions shall be added to the PAL level in an amount equal to the potential to
emit of the units.

3. For a CO 2 e based GHG PAL, the actuals PAL level shall be established
as the sum of the GHGs baseline actual emissions of GHGs for each emissions unit at the source, plus an amount equal to the amount defined as sig nificant on a CO 2 e basis for the purposes of subdivision 3 of the definition of "subject to regulation" at the time the PAL permit is being issued. When establishing the actuals PAL level for a CO 2 e

based PAL, only one consecutive 24

- month period shall be used to determine the baseline actual emissions for all existing emissions units. Emissions associated with units that were permanently shut down after this 24

- month period shall be subtracted
from the PAL level. The board will specify a reduced PAL level (in tons per year CO 2 e) in the PAL permit to become effective on the future compliance date of any applicable

f ederal or state regulatory requirement that the board is aware of prior to issuance of the PAL permit.

F. The PAL permit shall contain, at a mi nimum, the following information.

1. The PAL pollutant and the applicable source

- wide emission limitation in tons per year CO 2 e.COMMONWEALTH OF VIRGINIA PAGE 10 of 19
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 85)

2. The PAL permit effective date and the expiration date of the PAL (PAL effective period).

3. Specification in the PA L permit that if a major stationary source or a
GHG

- only source owner applies to renew a PAL in accordance with subsection J of this
section before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. I t shall remain in effect until a revised PAL permit is issued by the board

.

4. A requirement that emission calculations for compliance purposes shall include emissions from startups, shutdowns, and malfunctions.

5. A requirement that, once the PAL ex pires, the major stationary source

or GHG

- only source is subject to the requirements of subdivision I of this section.

6. The calculation procedures that the major stationary source or GHG

only source owner shall use to convert the monitoring system dat a to monthly

emissions and annual emissions based on a 12

- month rolling total as required by

subdivision M 1 of this section.

7. A requirement that the major stationary source or GHG

- only source

owner shall monitor all emissions units in accordance with the provisions under

subsection L of this section.

8. A requirement to retain the records required under subsection M of this

section on site. Such records may be retained in an electronic format.

9. A requirement to submit the reports required unde r sub section N of this

section by the required deadlines.

10. Any other requirements that the board deems necessary to implement
and enforce the PAL.

11. A permit for a GHG PAL issued to a GHG

- only source shall also include a statement denoting that GHG emissions at the source will not be subject to regulation as long as the source complies with the PAL.

G. The PAL effective period shall be 5 years

.

H

. The following requirements for reopening the PAL permit shall apply.

1. During the PAL effect ive period, the board will reopen the PAL permit

to:COMMONWEALTH OF VIRGINIA PAGE 11 of 19
STATE AIR POLLUTION CONTROL BOARD

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- 85)

a. Correct typographical or calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;

b. Reduce the PAL if the owner creates cred itable emissions
reductions for use as offsets under 9VAC5

- 80

- 2120 F through N ; and

c. Revise the PAL to reflect an increase in the PAL as provided

under subsection K of this section.

2

. The board may reopen t he PAL permit for the following reasons:

a. Reduce the PAL to reflect newly applicable f ederal requirements (for example, NSPS) with compliance dates after the PAL effective date; and

b. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the board may impose on the major stationary source or GHG

- only source.

3

. Except for the permit reopening in subdivision 1 a of this subsection for the correction of typographical or calculation errors that do not increase the PAL level,

all other reopenings shall be carried out in accordance with the public participation requirements of subsection D of this section

.

I

. Any PAL that is not renewed in accordance with the procedures in subsection J
of this section shall expire at the end of the PAL effective period, and the following requirements shall apply.

1. Each emissions unit or each group of emissions units that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the foll owing procedures.

a. Within the time frame specified for PAL renewals in subdivision J

2 of this section , the major stationary source or GHG

- only source shall submit a proposed allowable emission limitation for each emissions unit (or each group of

emi ssions units, if such a distribution is more appropriate as decided by the board ) by distributing the PAL allowable emissions for the major stationary source or GHG

- only source among each of the emissions units that existed under the PAL. If the PAL had

no t yet been adjusted for an applicable requirement that became effective during the PAL effective period, as required under s ubdivision J 5 of this section , such distribution shall be made as if the PAL had been adjusted.

b. The board wi ll decide whethe r and how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the board determines isCOMMONWEALTH OF VIRGINIA PAGE 12 of 19
STATE AIR POLLUTION CONTROL BOARD

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- 85)

appropriate.

2. Each emissions unit shall comply wi th the allowable emission limitation

on a 12

- month rolling basis. The board may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limit ation.

3. Until the board issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under subdivision

1 b of this sub section, t he source shall continue to comply with a source

- wide, m ulti

- unit emissions cap equivalent to the level of the PAL emission limitation.

4. Any physical change or change in the method of operation at the major stationary source or GHG

- only source shall be subject to major NSR requirements if such change meets the definition of " major modification " in 9VAC5

- 80

- 1615 C

.

5. The major stationary source or GHG

- only source owner sha ll continue to comply with any s tate or f ederal applicable requirements ( such as BACT, RACT, NSPS) that may have applied either during the PAL effective period or prior to the PAL effective period except for those emission limitations that had been established pursuant to 9VAC5

- 80

- 1605 C , but were eliminated by the PAL in accordance with the provisions in subdivision A 2 c of this sectio n

.

J

. PAL s shall be renewed as follows

.

1. The board wi ll follow the procedures specified in subsection D of this

section in approving any request to renew a PAL for a major stationary source or a
GHG

- only source, and will provide both the proposed PA L level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the

board

.

2. A major stationary source or a GHG

- only sour ce owner shall submit a timely application to the board to request renewal of a PAL. A timely application is one that is submitted at least 6 months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner of a major stationary

source or a GHG

- only source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with

the renewed PAL is issued.

3. The application to renew a PAL permit shall contain the following
information

.COMMONWEALTH OF VIRGINIA PAGE 13 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

a. The information required in subdivisions B 1 through 3 of this

section.

b. A proposed PAL le vel.

c. The sum of the potential to emit of all emissions units under the PAL (with supporting documentation).

d. Any other information the owner wishes the board to consider in determining the appropriate level for renewing the PAL.

4. In deter mining whether and how to adjust the PAL, the board will

consider the following options ; h owever, in no case may any such adjustment fail to comply with subdivision c of this subdivision.

a. If the emissions level calculated in accordance with subsecti on E
of this section is equal to or greater than 80% of the PAL level, the board may renew the PAL at the same level without considering the factors set forth in subdivision b of

this subdivision ; or

b. The board may set the PAL at a level that it dete rmines to be more representative of the source's baseline actual emissions, or that it determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage t he source's voluntary emissions reductions, or other factors as specifically identified by the board in

its written rationale.

c. Notwithstanding subdivisions a and b of this subdivision : (i ) If the potential to emit of the major stationary source or G HG

- only source is less than the PAL, the board will adjust the PAL to a level no greater than the potential to emit of the source; and (ii) t he board will not approve a renewed PAL level higher than the current PAL, unless the major stationary source or GH G

- only source has complied with the provisions of subsection J of this section

.

5. If the compliance date for a s tate or f ederal requirement that applies to the PAL source occurs during the PAL effective period, and if the board has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit

renewal or f ederal operating permit renewal, whichever occurs first.

K. A PAL may be increased during the PAL effective period as follows

.

1. The board may increase a PAL emiss ion limitation only if the major stationary source or GHG

- only source complies with the following provisions.COMMONWEALTH OF VIRGINIA PAGE 14 of 19
STATE AIR POLLUTION CONTROL BOARD

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

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a. The owner of the major stationary source or GHG

- only source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions units contributing to the
increase in emissions so as to cause the GHG

- only source's emissions to equal or

exceed its PAL.

b. As part of this application, the major stationary sou rce or GHG

only source owner shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent co ntrols, plus the sum of the allowable emissions of the new or modified emissions unit s exceeds the PAL. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that

emissi ons unit shall be equal to the level of BACT or LAER with which that emissions

unit shall currently comply.

c. The owner obtains a major NSR permit for all emissions unit s identified in subdivision a of this subdivision , regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions units shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL.

2

. The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

3

. The board wi ll calculate the new PAL as the sum of the allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent c ontrols as determined in accordance with subdivision 1 b of this

subsection ), plus the sum of the baseline actual emissions of the small emissions units.

4

. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of subsection D of this section.

L

. Monitoring requirements for PALs shall be as follows

.

1. The following g eneral requirements apply

.

a. Each PAL permit shall contain enforceable requirements for theCOMMONWEALTH OF VIRGINIA PAGE 15 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

monitoring system that accuratel y determines plantwide emissions of the PAL pollutant
in terms of CO 2 e per unit of time. Any monitoring system authorized for use in the PAL permit shall be based on sound science and meet generally acceptable scientific procedures for data quality and man ipulation. Additionally, the information generated by such system shall meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.

b. The PAL monitoring system shall employ one or more of the four general moni toring approaches meeting the minimum requirements set forth in
subdivision 2 of this subsection and shall be approved by the board

.

c. Notwithstanding subdivision b of this subdivision

, the owner may also employ an alternative monitoring approach that meets subdivision a of this

subdivision if approved by the board

.

d. Failure to use a monitoring system that meets the requirements
of this sub section renders the PAL invalid.

2. The following are acceptable general monitoring approaches when

condu cted in accordance with the following minimum requirements:

a. Mass balance calculations for activities using coatings or solvents;

b. CEMS;

c. CPMS or PEMS; and

d. Emission factors.

3. An owner using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:

a. Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;

b. Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

c. Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the ownerCOMMONWEALTH OF VIRGINIA PAGE 16 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

shall use the highest value of the range to calculate the PAL pollutant emissions unless

the board deter mines there is site

- specific data or a site

- specific monitoring program to support another content within the range.

4. An owner using CEMS to monitor PAL pollutant emissions shall meet the following requirements:

a. CEMS shall comply with applicabl e Performance Specifications

found in A ppendix B to 40 CFR P art 60; and

b. CEMS shall sample, analyze and record data at least every 15 minutes while the emissions unit is operating.

5. An owner using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

a. The CPMS or the PEMS shall be based on current site

- specific data demonstrating a correlation between the monitored parameter s and the PAL pollutant emissions across the range of operation of the emissions unit ; and

b. Each CPMS or PEMS shall sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the board , while the emissions unit is operating.

6. An owner using emission factors to monitor PAL polluta nt emissions shall meet the following requirements:

a. All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development;

b. The emissions unit shall operate within the desig nated range of use for the emission factor, if applicable; and

c

. If technically practicable, the owner of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site

- specific emission factor within 6 months of PAL permit issuance, unless the board determines that testing is not required.

7. A source owner shall record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

8. Notwithstanding the requirements in sub divisions 3 through 7 of thisCOMMONWEALTH OF VIRGINIA PAGE 17 of 19
STATE AIR POLLUTION CONTROL BOARD

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subsection , where an owner of an emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL pollutant emissions rate at all operating points of the emissions unit, the board wi ll, at the time of permit issuance:

a

. Establish default values for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating points; or

b. Determine that operation of the emissions unit during operating

co nditions when there is no correlation between monitored parameters and the PAL pollutant emissions is a violation of the PAL.

9. All data used to establish the PAL pollutant shall be re

- validated through performance testing or other scientifically valid means approved by the board

. Such testing shall occur at least once every 5 years after issuance of the PAL.

M

. Recordkeeping requirements shall be as follows

.

1. The PAL permit shall require the owner to retain a copy of all records necessary to det ermine compliance with any requirement of this section and of the PAL, including a determination of each emissions unit's 12

- month rolling total emissions, for 5 years from the date of such record.

2. The PAL permit shall require the owner to retain a c opy of the following records for the duration of the PAL effective period plus 5 years:

a. A copy of the PAL permit application and any applications for revisions to the PAL; and

b. Each annual certification of compliance pursuant to the federal

oper ating permit program and the data relied on in certifying the compliance.

N

. The owner shall submit semi

- annual monitoring reports and prompt deviation reports to the board in accordance with the federal operating permit program. The reports shall meet t he following requirements.

1. The semi

- annual report shall be submitted to the board within 30 days of the end of each reporting period. This report shall contain the following information

.

a. The identification of owner and the permit number.

b

. Total annual emissions (expressed on a mass

- basis in tons per year, or expressed in tons per year CO 2 e) based on a 12

- month rolling total for each month in the reporting period recorded pursuant to subdivision M 1 of this section.COMMONWEALTH OF VIRGINIA PAGE 18 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

c. All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant

emissions.

d. A list of any emissions units modified or added to the major stationary source or GHG

- only source duri ng the preceding 6

- month period.

e. The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken.

f. A notification of a shutdow n of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit m onitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by subdivision L 7 of

this section

.

g. A signed statement by the respon sible official (as defined by the federal operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report.

2. The major stationary source or GHG

- only source owner shall promptly submit reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 9VAC5

- 80

- 110
F 2 b s hall satisfy this reporting requirement. The deviation reports shall be submitted

within the time limit s prescribed by the applicable program implementing 9VAC5

- 80

- 110
F 2 b

. The reports shall contain the following information:

a. The identification of owner and the permit number;

b. The PAL requirement that experienced the deviation or that was

exc eeded;

c. Emissions resulting from the deviation or the exceedance; and

d. A signed statement by the responsible official (as defined by the federal operating permit program) certifying the truth, accuracy, and completeness of the information provi ded in the report.

3. The owner shall submit to the board the results of any re

- validation test or method within 3 months after completion of such test or method.COMMONWEALTH OF VIRGINIA PAGE 19 of 19
STATE AIR POLLUTION CONTROL BOARD

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

- 85)

O

. The board will not issue a PAL that does not comply with the requirements of

this par t after #[effective date]

. The board may supersede any PAL that was established prior to #[effective date] with a PAL that complies with the requirements of this section

.

REG \ DEV\ H12

- REG

- FINENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES
AND COMPLIANCE WITH
STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the following information regarding public participation acti vities and compliance with state administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

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

to submit written comment s concerning a proposed revision to the Commonwealth of Virginia State Implementation Plan was held from April 2 to May 7 , 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 7, 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 th e 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

a mendments were published in the Virginia Register of Regulations on January 27,

2014 after being duly adopted by the State Air Pollution Control Board on November 30, 2012 , certified by the Office of the Attorney General as within the b oard’s statutory

aut hority on December 6, 2012 and thus fully enforceable under Virginia law, and submitted to the Virginia Registrar on behalf of the b oard by the Department of Environmental Quality as a true and accurate copy of the duly adopted regulation on December 30, 2 013 , 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 C ommonwealth of Virginia State Implementation Plan is attached, along with the effective date of March 13, 2014

.

SIP \ NONATTN PLANS \ 2014 \ G12

- SIP

- 2.DOC

## GENERAL NOTICES/ERRATA

Volume 30, Issue 16 Virginia Register of Regulations April 7, 2014

2252 GENERAL NOTICES/ERRATA STATE AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan

- Revision H12

Notice of action: The Department of Environmen tal 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 fed eral 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 EPA as a revision to the

SIP in accordance with th e requirements of § 110(a) of the

federal Clean Air Act.

Regulations affected: The regulation of the board affected by this action is Permits for Stationary Sources of Pollutants Subject to Regulation, 9VAC5

- 85 (Revision H12 ) regarding greenhouse gas plant wide applicability limits.

Purpose of notice: DEQ is seeking comments on the issue of whether the regulation amendments should be submitted as revisions to the plan.

Public comment period: April 7, 2014, to May 7, 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

c omment 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: On July 12, 2012, EPA promulgated final amendments to its regulations for permitting of greenhouse gases (GHGs) (see 77 FR 41051). The purpose of these amendments is to provide for better implementation of the federal program for establishing pla ntwide applicability limits (PALs) for GHG emissions. A PAL establishes a site

specific plantwide emission level for a pollutant that allows the source to make changes at the facility without triggering the requirements of the prevention of significant det erioration (PSD) program. Such PALs are already available under PSD

for non

- GHG pollutants and for GHGs on a mass basis, and EPA has revised the PAL regulations to allow for GHG PALs to be established on a carbon dioxide equivalent (CO 2 e)

emissions basis a s well. EPA also revised its regulations to

allow a GHG

- only source to submit an application for a CO 2 e

- based GHG PAL while also maintaining its minor

source status. Because these actions could streamline PSD permitting, it would be beneficial to implemen t them in Virginia.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40

CFR 51.102). The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the

federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to b e 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 proposal: The proposal and any supporting documents are available on the DEQ Air Public 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 belo w. 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

- 4070;

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) N orthern 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

Enviro nmental 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.

## Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1440 Virginia Phosphorus Index Version 2.0 Technical Guide, Revised October 2005, Virginia Tech

VA.R. Doc. No. R 14

- 3854; Filed January 2, 2014, 5:34 p.m.



##  

# –––––––––––––––––– 

TITLE 9. ENVIRONMENT

ST ATE AIR POLLUTION CONTROL BOARD

Fast

- Track Regulation

Title of Regulation: 9VAC5

- 85. Permits for Stationary Sources of Pollutants Subject to Regulation (Rev. H

- 12) (amending 9VAC5

- 85

- 40, 9VAC5

- 85

- 50; adding 9VAC5

- 85

- 55).

Statutory Authority: § 10.1

- 1308 of the Code of Virginia.

Public Hearing In formation: No public hearings are

scheduled.

Public Comment Deadline: February 26, 2014.

Effective Date: March 13, 2014.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, t elephone (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 Law (§ 10.1

- 1300 et seq. of the Code of Virginia)

authorizes the State Air Polluti on 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 110(a) of the federal Clean Air Act mandates that each state adopt and submit to the Environmental Protection Agency (EPA) a stat e implementation plan (SIP) 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 SIP is adopted only after reasonable public notice is given and public hearings are held. The SIP must include provisions to establish, among other tasks, programs for the regulation of the modification and construction of any stationary source within areas covered by the plan to assure the achievement of th e ambient air quality standards, including a permit program as required by Part C of Title I of the Act.

The purpose of Part C, "Prevention of Significant Deterioration of Air Quality," is to protect existing clean air resources. Part C requires that the S IP include a prevention of significant deterioration (PSD) program. That is, in areas that are meeting the national ambient air quality standards (NAAQS) (attainment), as well as in national parks and other protected areas, the air quality may not deterior ate.
Sections 162 through 169B provide the details of how each state's PSD program is to be designed and operated. Section 165, "Preconstruction Requirements," is the section of the Act that deals with new source review (NSR) permit programs.

This section requires that sources obtain permits demonstrating that they will not contribute to air pollution in excess of that allowed by the Act. Section 165 specifies that new sources locating in attainment areas must meet best available control technology (BACT), which is defined in § 169.

40 CFR 51.166 contains the requirements for SIP

- approved state PSD programs, while 40 CFR 52.21 contains the requirements for the issuance of PSD permits pursuant to federal authority. Permitting for sources of greenhouse gases is covered under 40 CFR 51.166 and 40 CFR 52.21 primarily through the definition of "subject to regulation."

Virginia is a SIP

- approved state for PSD, and therefore has the authority to directly implement federal PSD regulations as long as its rules are a t least as protective as the federal rules of 40 CFR 51.166. In its action of July 12, 2012, EPA revised the provisions relating to PALs at 40 CFR 52.21(aa) and provisions relating to the definition of "subject to regulation" at 40 CFR 52.21(b)(49). These provisions only affect permits issued under federal authority (i.e., those issued by the EPA or a delegated state agency). By amending 40 CFR 52.21 and not 40 CFR 51.166, EPA did not intend to affect existing state authority to issue PAL permits and did no t require permitting authorities to take any action with respect to their existing PAL regulations or any existing PAL permits. Therefore, these revisions are not minimum program requirements that must be adopted by states into their EPA

approved SIP PSD p ermitting programs. Accordingly, EPA's final rule does not adopt these changes into the existing PAL provisions contained in 40 CFR 51.166, but states may adopt these changes into their SIP

- approved PAL program if they

so choose.

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 throug hout or in any part of the Commonwealth" (§ 10.1

- 1308 A of the Code of Virginia). Section 10.1

- 1300 of Code of Virginia 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."

Purpose: The regulation and the proposed amendments are intended to achieve the following g oals:

## Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1441 1. To protect public health and welfare with the least possible cost and intrusiveness to the citizens and

businesses of the Commonwealth.

2. To prevent the construction, modification, or operation of major facilities that will prevent or interfere w ith the attainment or maintenance of any ambient air quality

standard.

3. To ensure that major new facilities or major expansions to existing facilities will be designed, built, and equipped to operate without causing or exacerbating a violation of any amb ient air quality standard.

4. To ensure that major new facilities or major expansions to existing facilities will be designed, built, and equipped to comply with case

- by

- case control technology determinations and other requirements.

5. To ensure that there is no significant deterioration of air quality in Virginia's national parks and throughout the

Commonwealth.

The PSD program is designed to protect air quality in areas where the air is cleaner than required by the NAAQS. PSD's primary control strategy is new source review. Prior to construction or expansion of an industrial facility, a permit must be issued that ensures that the facility will not emit pollutants in sufficient quantity to make a significant contribution to the deterioration of air quality or to violate the NAAQS. The permit application and the department review and analysis must be subject to a public hearing prior to issuing the permit. The facility must use BACT to control

emissions.

On January 2, 2011, greenhouse gases (GHGs) became

"re gulated air pollutants" and thus subject to NSR permitting under the "Tailoring Rule." The Tailoring Rule was necessary because the federal Clean Air Act applicability requirements that determine which sources are subject to permitting are

based on annual potential emission rates of 100 or 250 tons per year (tpy). Implementing these requirements for GHG

emitting sources immediately after they became subject to PSD requirements would have overwhelmed the capabilities

of state permitting authorities to issue permits, and as a result, would have impeded the ability of sources to construct, modify or operate.

The Tailoring Rule initially established two steps to implement PSD. Tailoring Rule Step 1 began on January 2, 2011, and applies to sources subject to PSD due to their emissions of other pollutants ("anyway" sources) and that had the potential to emit 75,000 tpy CO 2 e (or increase emissions by that amount for modifications). Tailoring Rule Step 2 began on July 1, 2011. In addition to anyway sources, Step 2

ap plies to new facilities emitting GHGs in excess of 100,000 tpy CO 2 e and facilities making changes that would increase GHG emissions by at least 75,000 tpy CO 2 e, and that also exceed 100/250 tpy of GHGs on a mass basis. In the latest rulemaking, Step 3, EPA has continued to identify and evaluate approaches to enable permitting authorities to permit more GHG

- emitting sources without undue burden. EPA finalized a streamlining measure that would revise the existing PAL permitting program to allow permitting aut horities to issue GHG PALs on either a mass basis (tpy) or a CO 2 e basis, including the option to use the

CO 2 e

- based increases provided in the subject to regulation thresholds in setting the PAL, and to allow such PALs to be used as an alternative approach for determining whether a project is a major modification and whether GHG emissions are subject to regulation. EPA also finalized the "minor source approach," which allows permitting authorities to issue

GHG PALs to GHG

- only sources without requiring the

s ource to undertake an action that would make GHGs subject to regulation and bring the source into major stationary source status under the Tailoring Rule. Thus, Step 3 of the Tailoring

Rule enables GHG

- only sources to obtain a GHG PAL and

remain a minor so urce as long as their GHG emissions remain

below the PAL.

Adopting Step 3 of the federal GHG rules will streamline the administration of Virginia's GHG PSD permitting program by providing sources with a voluntary alternative approach for controlling GHGs s uch that sources and the department can address GHGs one time for a source rather than undergo repeated subsequent permitting actions over a five

- year period.

Rationale for Using Fast

- Track Process: EPA revised its regulations to streamline PSD permitting programs by allowing sources and the reviewing authority to voluntarily address GHGs one time for a source and avoid repeated subsequent permitting actions. It is in the best interests of the regulated community, the department, and the public to have

perm itting functions operate as cost

- effectively and efficiently as possible, and that encourage processes that minimize harmful air pollution. If a GHG PAL would enable a facility to better manage its GHG emissions, then the department should provide the tool s needed for them to avail themselves of the process.

Substance: Provisions have been added to enable GHG PALs

to be established on a mass or a CO 2 e emissions basis, and to

allow a GHG

- only source to submit an application for a

CO 2 e

- based GHG PAL while mai ntaining its minor source

status.

Issues: The primary advantage to the public is more efficient permitting, which is cost

- effective, enables the better provision of services, and may contribute to air quality benefits. The primary advantage to the departme nt is more efficient permitting, which is cost

- effective, enables the better provision of services, and may contribute to air quality benefits. There are no disadvantages to the public or the department.

## Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1442 Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The U.S. Environmental Protection Agency recently promulgated final amendments that would provide for a more streamlined implementation of the federal program for establishing plant

wide applicab ility limits (PALs) for greenhouse gases (GHGs) emissions. Consequently, the Air Pollution Control Board proposes to amend these regulations so as to streamline prevention of significant deterioration (PSD) permitting programs by allowing sources and the r eviewing authority to voluntarily address GHGs one time for a source and avoid repeated subsequent permitting actions.

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. Since a PAL provides extens ive operational flexibility, sources will not have to spend money on obtaining permit modifications (about $7,000 per permit amendment) for the PAL duration. Such cost savings will depend on how frequently the source modifies its processes. In turn, the De partment of Environmental Quality will not have to process many permit modifications, and may focus its efforts on other facilities with a greater impact on the environment. Avoiding PSD review also allows sources to make the changes necessary to respond r apidly to market conditions, while generally assuring the environment is protected from adverse impacts from the change.

A PAL also results in significant environmental benefit by providing the community with an understanding of the long

term emissions imp act from a facility, by preventing "emissions creep," and by requiring enhanced monitoring, recordkeeping and reporting provisions to demonstrate compliance with the PAL. In order to operate within the PAL emissions limit and maintain its PAL status, a fac ility is likely to look for ways to improve its operations, thus likely resulting in reduction of GHGs. Public health and welfare may thus benefit from the more efficient and effective management of GHG emissions.

Businesses and Entities Affected. Entitie s potentially affected by the proposed amendments include electricity generators, paper manufacturers, and landfills. In Virginia, there are approximately 57 sources with estimated CO2 emissions over 100,000 tons per year. Since PALs are optional, sources may or may not opt to apply for a PAL permit.

Localities Particularly Affected. The proposed amendment of this regulation does not disproportionately affect any particular localities.

Projected Impact on Employment. The proposed amendments

will reduce cos ts ($7,000) for entities such as some electricity generators, paper manufacturers, and landfills which without the amendments may have needed to have obtained permit modifications. The reduced cost might have a small positive impact on employment. Effects on the Use and Value of Private Property. The proposed amendments will reduce costs ($7,000) for entities such as some electricity generators, paper manufacturers, and landfills which without the amendments may have needed to have obtained permit modificat ions.

Small Businesses: Costs and Other Effects. The proposed amendment of this regulation will not increase costs for small

businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed repeal of this regulation does

not adv ersely affect small businesses.

Real Estate Development Costs. The proposed amendments will not affect new real estate development, but may reduce some costs (through not requiring additional permitting) with changes at existing development.

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 14 (10). 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 p articularly 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. Furth er, 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 r eporting, 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 e ffect 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 amendments (i) enable greenhouse gas (GHG) plantwide applica bility limits (PALs) to be established on a mass or a carbon dioxide equivalent (CO 2 e) emissions basis, (ii) allow a GHG

- only source to submit an application for a CO 2 e

- based GHG PAL while maintaining its minor source status, and (iii) add new definitions and revise several existing ones.

## Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1443 Part III Prevention of Significant Deterioration Permit Actions

9VAC5

- 85

- 40. Prevention of significant deterioration area permit actions.

The requirements of Article 8 (9VAC5

- 80

- 1605 et seq.) of

Part II of 9VAC5

- 80 shall apply, except that the with the following exceptions:

1. The terms defined shall have the meaning given to them in this part.

2. The board, at its discretion, may apply the provisions of

9VAC5

- 85

- 55 in lieu of 9VAC5

- 80

- 1865 (Actuals plantwide applicability limits (PALs)).

9VAC5

- 85

- 50. Definitions.

A. For the purpose of applying this part in the context of the Regulations for the Control and Abatement of Air Pollution

and related uses, the words or terms shall have the meanings given them in 9VAC5

- 80

- 1615 (Definitions), except for the

terms defined in subsection C of this section.

B. Unless otherwise required by context, all terms not defined herein shall have the meanings given them in

9VAC5

- 10 (General Definitions) or 9VAC5

- 80

- 5 (Definitions), or commonly ascribed to them by recognized authorities, in that order of priority.

C. Terms defined.

"Actuals PAL" means (i) for major stationary sources, a

PAL based on the baseline actual emissions of all emissions units at the source that emit or have the potential to emit the PAL pollutant or (ii) for GHG

- only sources, a PAL based on

the baseline actual emissions of all emissions units at the source, that emit or have the potentia l to emit GHGs.

"Allowable emissions" means the emissions rate of a stationary source calculated using the maximum rated capacity of the source (unless the source is subject to federally enforceable limits that restrict the operating rate or hours of opera tion, or both) and the most stringent of the following:

1. The allowable emissions for any emissions unit as calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit; or

2. An emis sions unit's potential to emit.

"Baseline actual emissions for a GHG PAL" means the average rate, in tons per year CO 2 e or tons per year GHG, as applicable, at which the emissions unit actually emitted GHGs during any consecutive 24

- month period selected b y the owner within the five

- year period immediately preceding either the date the owner begins actual construction of the project or the date a complete permit application is received by the board for a permit required under this part. For any existing ele ctric utility steam generating unit, baseline actual emissions for a GHG PAL means the average rate, in tons per year CO 2 e or tons per year GHG, as applicable, at which the emissions unit actually emitted the GHGs during any

consecutive 24

- month period sel ected by the owner within the

five

- year period immediately preceding the date the owner begins actual construction of the project. The board will allow the use of a different time period upon a determination that it is more representative of normal source operation.

1. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

2. The average rate shall be adjusted downward to exclude any noncompliant emissions that occur red while the source was operating above an emission limitation that was legally enforceable during the consecutive 24

- month period.

3. The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission

limitation wit h which the stationary source shall currently comply, had such stationary source been required to comply with such limitations during the consecutive 24

- month period.

4. The average rate shall not be based on any consecutive

24

- month period for which there is inadequate information for determining annual GHG emissions and for adjusting this amount if required by subdivisions 2 and 3 of this

definition.

5. When a project involves multiple emissions units, only

one consecutive 24

- month period shall be used to

determine the baseline actual emissions.

"Emissions unit" means any part of a stationary source that emits or has the potential to emit GHGs. For purposes of

9VAC5

- 85

- 55, there are two types of emissions units: (i) a new emissions unit is any emissions un it that is or will be newly constructed and that has existed for less than two years from the date such emissions unit first operated, and (ii) an existing emissions unit is any emissions unit that does not

meet the definition of a new emissions unit.

"GHG

- only source" means any existing stationary source that emits or has the potential to emit GHGs in the amount equal to or greater than the amount of GHGs on a mass basis that would be sufficient for a new source to trigger permitting requirements for GHGs under the definition of "major stationary source" and the amount of GHGs on a CO 2 e basis that would be sufficient for a new source to trigger permitting requirements for GHGs under the definition of "subject to regulation" at the time the PAL permit is bei ng issued, but does not emit or have the potential to emit any other non

GHG regulated NSR pollutant at or above the applicable major source threshold. A GHG

- only source may only obtain

a PAL for GHG emissions under 9VAC5

- 85

- 55.

"Greenhouse gases (GHGs)" m eans the aggregate group of six greenhouse gases: carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, perfluorocarbons, and sulfur

hexafluoride.

## Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1444 "Major emissions unit" means (i) for any major stationary source obtaining a GHG PAL issued on a mass b asis, a major

emissions unit as defined in 9VAC5

- 80

- 1615 C or (ii) for a

GHG PAL issued on a CO 2 e basis, any emissions unit that emits or has the potential to emit equal to or greater than the

amount of GHGs on a CO 2 e basis that would be sufficient for

a n ew source to trigger permitting requirements under the definition of "subject to regulation" at the time the PAL permit is being issued.

"Major stationary source" means a major stationary source that is defined in and subject to Article 8 (9VAC5

- 80

- 1605 et seq.) of 9VAC5

- 80 (Permits for Stationary Sources) and that meets the definition of "subject to regulation."

"Minor source" means any stationary source that does not meet either (i) the definition of "major stationary source" for any pollutant at the time the PAL is issued or (ii) the definition of "subject to regulation."

"Plantwide applicability limitation" or "PAL" means an emission limitation expressed on a mass basis in tons per year, or expressed in tons per year CO 2 e for a CO 2 e

- based

GHG emission li mitation, for a pollutant at a major stationary

source or GHG

- only source, that is enforceable as a practical

matter and established source

- wide in accordance with

9VAC5

- 85

- 55.

"PAL effective date" generally means the date of issuance of the PAL permit. Ho wever, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

"PAL effective period" means the period beginning with the

PAL effective date and ending five years later.

"PAL major modification" means, notwithstanding the definitions for "major modification" and "net emissions

increase" as defined in 9VAC5

- 80

- 1615 C and the definition of "subject to regulation" of this section, any physica l change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

"PAL permit" means the major NSR permit, the state operating permit, or the federal operating permit th at establishes a PAL for a major stationary source or a GHG

only source.

"PAL pollutant" means the pollutant for which a PAL is established at a major stationary source or a GHG

- only

source. For a GHG

- only source, the only available PAL pollutant is greenhouse gases.

"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

p ollution 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 if the limitation or the effect it would have on emissions is federally

enforceab le or enforceable as a practical matter. Secondary emissions do not count in determining the potential to emit of a stationary source. For the purposes of actuals PALs, any physical or operational limitation on the capacity of the source to emit a pollutan t, 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

the effect it would have on emission s is federally enforceable or enforceable as a practical matter by the state.

"Regulated NSR pollutant" means:

1. Any pollutant for which an ambient air quality standard has been promulgated and any constituents or precursors for such pollutants identified by the administrator (e.g., volatile organic compounds and NO X are precursors for ozone);

2. Any pollutant that is subject to any standard promulgated under § 111 of the federal Clean Air Act;

3. Any class I or II substance subject to a standard promulgat ed under or established by Title VI of the federal Clean Air Act; or

4. Any pollutant that otherwise is subject to regulation

under the federal Clean Air Act as defined in the definition of "subject to regulation."

5. Notwithstanding subdivisions 1 through 4 of this definition, the term "regulated NSR pollutant" shall not include any or all hazardous air pollutants either listed in § 112 of the federal Clean Air Act, or added to the list pursuant to § 112(b)(2) of the federal Clean Air Act, and

which have n ot been delisted pursuant to § 112(b)(3) of the federal Clean Air Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under § 108 of the federal Clean

Air Act.

"Significant emissions unit" means (i) for a GHG PAL issued on a mass basis, an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level for that PAL pollutant, but

less than the amount that would qualify the unit as a major emissions unit or (ii) for a GHG PAL issued on a CO 2 e basis, any emissions unit that emits or has the potential to emit

GHGs on a CO 2 e basis in amounts equal to or greater than the amount that would qualify the unit as small emi ssions unit, but less than the amount that would qualify the unit as a major emissions unit.

"Small emissions unit" means (i) for a GHG PAL issued on a mass basis, an emissions unit that emits or has the potential to emit the PAL pollutant in an amount les s than the significant level for that PAL pollutant, as defined in this section or in the federal Clean Air Act, whichever is lower or (ii) for a GHG PAL issued on a CO 2 e basis, an emissions unit that emits or has the potential to emit less than the amount of

## Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1445 GHGs on a CO 2 e basis defined as "significant" for the purposes of subdivision 3 of the definition of "subject to regulation" at the time the PAL permit is being issued.

"Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the federal Clean Air Act, or a nationally applicable regulation codified by the administrator in Subchapter C of 40 CFR Chapter I, that requires actual control of the quantity of emissions of that pollutant, and that such a contr ol requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity. The following exceptions shall apply:

1. GHGs shall not be subject to regulation except as

prov ided in subdivisions 4 and 5 of this definition and shall not be subject to regulation if the stationary source

maintains its total source

- wide emissions below the GHG PAL level, meets the requirements of 9VAC5

- 95

- 55, and complies with the PAL permit conta ining the GHG PAL.

A GHG

- only source with a valid CO 2 e

- based GHG PAL

shall be considered to be a minor source for GHG

. 2. For purposes of subdivisions 3 through 5 of this definition, the term "tpy CO 2 equivalent emissions (CO 2 e)" shall represent an amount of GHGs emitted, and shall be computed as follows:

a. Multiplying the mass amount of emissions (tpy), for each of the six greenhouse gases in the pollutant GHGs, by the gas's associated global warming potential published at Table A

- 1 to Subpart A of 40 CFR Part 98. For purposes of this subdivision, prior to July 21, 2014, the mass of the greenhouse gas carbon dioxide shall not include carbon dioxide emissions resulting from the combustion or decomposition of nonfossilized and biodegradable organic material originating from plants, animals, or micro

- organisms (including products, byproducts, residues, and waste from agriculture, forestry, and related industries as well as the nonfossilized and biodegradable organic fractions of industrial and municipal wastes , including gases and liquids recovered from the decomposition of nonfossilized and biodegradable organic material).

b. Sum the resultant value from subdivision a of this subdivision for each gas to compute a tpy CO 2 e.

3. The term "emissions increase" as u sed in subdivisions 4 and 5 of this definition shall mean that both a significant emissions increase (as calculated using the procedures in

9VAC5

- 80

- 1605 G) and a significant net emissions increase (as defined in 9VAC5

- 80

- 1615 C) occur. For the pollutant G HGs, an emissions increase shall be based on tpy CO 2 e, and shall be calculated assuming the pollutant GHGs is a regulated NSR pollutant, and "significant" is defined as 75,000 tpy CO 2 e instead of applying the value

in subdivision b of the definition of "si gnificant" in

9VAC5

- 80

- 1615 C. 4. Beginning January 2, 2011, the pollutant GHGs is subject to regulation if:

a. The stationary source is a new major stationary source for a regulated NSR pollutant that is not GHGs, and also will emit or will have the poten tial to emit 75,000 tpy

CO 2 e or more; or b. The stationary source is an existing major stationary source for a regulated NSR pollutant that is not GHGs, and also will have an emissions increase of a regulated NSR pollutant, and an emissions increase of 75, 000 tpy

CO 2 e or more. 5. Beginning July 1, 2011, in addition to the provisions in subdivision 4 of this definition, the pollutant GHGs shall also be subject to regulation:

a. At a new stationary source that will emit or have the potential to emit 100,000 t py CO 2 e; or b. At an existing stationary source that emits or has the potential to emit 100,000 tpy CO 2 e, when such stationary source undertakes a physical change or change in the method of operation that will result in an emissions increase of 75,000 tpy CO 2 e or more.

9VAC5

- 85

- 55. Actuals plantwide applicability limits (PALs).

A. The following applicability requirements shall apply:

1. The board may approve the use of an actuals PAL for

GHGs on either a mass basis or a CO 2 e basis for any existing major sta tionary source or any existing GHG

- only source if the PAL meets the requirements of this section. The term "PAL" shall mean "actuals PAL" throughout this

section.

2. Any physical change in or change in the method of operation of a major stationary source o r a GHG

- only

source that maintains its total source

- wide emissions below the PAL level, meets the requirements of this section, and complies with the PAL permit:

a. Is not a major modification for the PAL pollutant;

b. Does not have to be approved through Article 8 (9VAC5

- 80

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

- 80 (Permits for Stationary Sources) or this part;

c. Is not subject to the provisions of 9VAC5

- 80

- 1605 C (restrictions on relaxing enforceable emission limitatio ns that the major stationary source used to avoid applicability of the major NSR program); and

d. Does not make GHGs subject to regulation.

3. Except as provided under subdivision 2 c of this subsection, a major stationary source or a GHG

- only

source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the

effective date of the PAL.

B. As part of a permit application requesting a PAL, the

owner of a ma

jor stationary source or a GHG

- only source

## Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1446 shall submit the following information to the board for approval:

1. A list of all emissions units at the source designated as small, significant, or major based on their potential to emit. In addition, the owner of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit.

2. Calculations of the baseline actual emissions, with supporting documentation. Baseline actual emissions are to include emissions associated not only with operation of the unit, but also emissions associated with startup, shutdown,

and malfunction.

3. The calculation procedures that the owner proposes to use to convert the monitoring system data to monthly

emiss ions and annual emissions based on a 12

- month rolling total for each month as required by subdivision M 1

of this section.

4. As part of a permit application requesting a GHG PAL, the owner of a major stationary source or a GHG

- only

source shall submit a s tatement by the owner that clarifies whether the source is an existing major source as defined in the definition of "major stationary source" or a GHG

only source.

C. The board may establish a PAL at a major stationary

source or a GHG

- only source, provided that at a minimum, the following requirements are met. At no time during or after the PAL effective period are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under 9VAC5

- 8 0

- 2120 F through L unless the level of the PAL is reduced by the amount of such emissions reductions and such

reductions would be creditable in the absence of the PAL.

1. The PAL shall impose an annual emission limitation expressed on a mass basis in tons per year, or expressed in tons per year CO 2 e, that is enforceable as a practical matter, for the entire major stationary source or GHG

- only source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major

st ationary source or GHG

- only source owner shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12

- month average, rolled monthly). For each month during the fir st 11 months from the PAL effective date, the major stationary source or GHG

- only source owner shall show that the sum of the preceding monthly emissions from the PAL effective date for each

emissions unit under the PAL is less than the PAL.

2. The PAL sha ll be established in a PAL permit that meets the public participation requirements in subsection D of

this section.

3. The PAL permit shall contain all the requirements of

subsection F of this section. 4. The PAL shall include fugitive emissions, to the ex tent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major stationary

source or GHG

- only source.

5. Each PAL shall regulate emissions of only one pollutant.

6. Each PAL shall have a PAL effective peri od of five

years. 7. The owner of the major stationary source or GHG

- only source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in subsections L through N of this section for each emissions

unit under the PA L through the PAL effective period.

D. PALs for existing major stationary sources or GHG

- only sources shall be established, renewed, or increased through the public participation procedures prescribed in the applicable permit programs identified in the def inition of "PAL permit." This includes the requirement that the board provide the public with notice of the proposed approval of a PAL permit and at least a 30

- day period for submittal of public comment. The board will address all material

comments before taking final action on the permit.

E. Setting the five

- year actuals PAL level shall be accomplished as follows:

1. Except as provided in subdivisions 2 and 3 of this subsection, the actuals PAL level on a mass basis for a major stationary source or a GHG

- o nly source shall be

established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source, plus an amount equal to the applicable significant level for the PAL pollutant under the definition of "significant" in

9VAC5

- 80

- 1615.

2. For newly constructed units, which do not include modifications to existing units, on which actual construction began after the 24

- month period, in lieu of adding the baseline actual emissions as specified in

subdivision 1 of this subsect ion, the emissions shall be added to the PAL level in an amount equal to the potential

to emit of the units.

3. For a CO 2 e based GHG PAL, the actuals PAL level shall

be established as the sum of the GHGs baseline actual

emissions of GHGs for each emissions unit at the source, plus an amount equal to the amount defined as significant

on a CO 2 e basis for the purposes of subdivision 3 of the definition of "subject to regulation" at the time the PAL permit is being issued. When establishing the actuals PAL

leve l for a CO 2 e

- based PAL, only one consecutive 24

- month period shall be used to determine the baseline actual emissions for all existing emissions units. Emissions associated with units that were permanently shut down

after this 24

- month period shall be subt racted from the PAL level. The board will specify a reduced PAL level (in tons per year CO 2 e) in the PAL permit to become effective on the future compliance date of any applicable federal or

## Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1447 state regulatory requirement that the board is aware of prior to issuance of the PAL permit.

F. The PAL permit shall contain, at a minimum, the following information:

1. The PAL pollutant and the applicable source

- wide emission limitation in tons per year CO 2 e. 2. The PAL permit effective date and the expiration date of the PAL (PAL effective period).

3. Specification in the PAL permit that if a major stationary source or a GHG

- only source owner applies to

renew a PAL in accordance with subsection J of this section before the end of the PAL effective period, then the

PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the board.

4. A requirement that emission calculations for compliance purposes shall include emissions from startups, shutdowns,

and malfunctions.

5. A requirement that, once the PAL expires, the major stationary source or GHG

- only source is subject to the requirements of subdivision I of this section.

6. The calculation procedures that the major stationary

source or GHG

- only source owner shall use to convert the monitoring system data to monthly emissions and annual

emissions based on a 12

- month rolling total as required by

subdivision M 1 of this section.

7. A requirement that the GHG

- only source owner shall

monitor all emissions un its in accordance with the provisions under subsection L of this section.

8. A requirement to retain the records required under subsection M of this section on site. Such records may be

retained in an electronic format.

9. A requirement to submit the repor ts required under subsection N of this section by the required deadlines.

10. Any other requirements that the board deems necessary to implement and enforce the PAL.

11. A permit for a GHG PAL issued to a GHG

- only source

shall also include a statement denoting that GHG emissions at the source will not be subject to regulation as long as the source complies with the PAL.

G. The PAL effective period shall be five years.

H. The following requirements for reopening the PAL permit shall apply:

1. During the PAL effective period the board will reopen the PAL permit to:

a. Correct typographical or calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL;

b. Reduce the PAL if the owner creates cre ditable

emissions reductions for use as offsets under 9VAC5

- 80

- 2120 F through N; and c. Revise the PAL to reflect an increase in the PAL as provided under subsection K of this section.

2. The board may reopen the PAL permit for the following

reasons:

a. Re duce the PAL to reflect newly applicable federal requirements (for example, NSPS) with compliance dates after the PAL effective date; and

b. Reduce the PAL consistent with any other requirement that is enforceable as a practical matter and that the board

m ay impose on the major stationary source or GHG

- only

source. 3. Except for the permit reopening in subdivision 1 a of this subsection for the correction of typographical or calculation errors that do not increase the PAL level, all other reopenings shall b e carried out in accordance with the public participation requirements of subsection D of

this section.

I. Any PAL that is not renewed in accordance with the procedures in subsection J of this section shall expire at the end of the PAL effective period, an d the following requirements shall apply:

1. Each emissions unit or each group of emissions units that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the following procedures:

a. Wit hin the time frame specified for PAL renewals in subdivision J 2 of this section, the major stationary

source or GHG

- only source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a dist ribution is more appropriate as decided by the board) by distributing the PAL allowable emissions for the major stationary

source or GHG

- only source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an a pplicable requirement that became effective during the PAL effective period, as required under subdivision J 5 of this section, such distribution shall be made as if the PAL had been adjusted.

b. The board will decide whether and how the PAL

allowable emis sions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the board determines is appropriate.

2. Each emissions unit shall comply with the allowable

emission limitatio n on a 12

- month rolling basis. The board may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable

emission limitation.

3. Until the board issues th e revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under subdivision 1 b of this subsection, the source shall continue to comply with a

## Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1448 source

- wide, multi

- unit emissions cap equivalent to the

level of the PAL emission limitation.

4. Any physical change or change in the method of operation at the major stationary source or GHG

- only source shall be subject to major NSR requirements if such change meets the definition of "major modification" i n 9VAC5

- 80

- 1615 C.

5. The major stationary source or GHG

- only source owner shall continue to comply with any state or federal applicable requirements (such as BACT, RACT, NSPS) that may have applied either during the PAL effective period or prior to the PA L effective period except for those emission limitations that had been established pursuant to

9VAC5

- 80

- 1605 C, but were eliminated by the PAL in accordance with the provisions in subdivision A 2 c of this

section.

J. PALs shall be renewed as follows:

1. T he board will follow the procedures specified in subsection D of this section in approving any request to renew a PAL for a major stationary source or a GHG

- only source and will provide both the proposed PAL level and a written rationale for the proposed P AL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the board.

2. A major stationary source or a GHG

- only source owner shall submit a timely application to the boa rd to request renewal of a PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not ex pire before the permit is renewed. If the owner of a major stationary source or a GHG

- only source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is

issued.

3. The application to renew a PAL permit shall contain the following information:

a. The information required in subdivisions B 1 through 3

of this section.

b. A proposed PAL level.

c. The sum of the potential to emit of all emissions units under the PAL (with supporting documentation).

d. Any other information the owner wishes the board to consider in determining the appropriate level for renewing the PAL.

4. In determining whether and how to adjust the PAL, the

board will consider the foll owing options; however, in no case may any such adjustment fail to comply with

subdivision 4 c of this subsection: a. If the emissions level calculated in accordance with subsection E of this section is equal to or greater than 80% of the PAL level, the bo ard may renew the PAL at the same level without considering the factors set forth in subdivision 4 b of this subsection; or

b. The board may set the PAL at a level that it determines to be more representative of the source's baseline actual emissions, or t hat it determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically

ide ntified by the board in its written rationale.

c. Notwithstanding subdivisions 4 a and b of this subsection (i) if the potential to emit of the major stationary source or GHG

- only source is less than the PAL, the board will adjust the PAL to a level no gre ater than the potential to emit of the source and (ii) the board will not approve a renewed PAL level higher than the current PAL, unless the major stationary source or GHG

only source has complied with the provisions of

subsection J of this section.

5. If the compliance date for a state or federal requirement that applies to the PAL source occurs during the PAL effective period, and if the board has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or fe deral operating permit renewal, whichever occurs first.

K. A PAL may be increased during the PAL effective period

as follows:

1. The board may increase a PAL emission limitation only if the major stationary source or GHG

- only source complies with the follo wing provisions:

a. The owner of the major stationary source or GHG

- only source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions units contributing to th e increase in emissions so as to cause

the GHG

- only source's emissions to equal or exceed its

PAL.

b. As part of this application, the major stationary source

or GHG

- only source owner shall demonstrate that the

sum of the baseline actual emissions of the s mall emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT equivalent controls, plus

the sum of the allowable emissions of the new or

modified emissions units exceeds the PA L. The level of control that would result from BACT equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT analysis at the time the application is submitted, unless the emissions unit is currently requi red to comply with a BACT or LAER requirement that was established within the

## Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1449 preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of

BACT or LAER with which that emissions unit shall currently c omply.

c. The owner obtains a major NSR permit for all

emissions units identified in subdivision 1 a of this subsection, regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions units shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject

to the PAL.

2. The PAL permit shall require that the increased PAL

level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

3. The board will calculate the new PAL as the sum of the

allowable emissions for each modified or new emi ssions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT equivalent controls as determined in accordance with subdivision 1 b of this subsection), plus

the sum of the baseline act ual emissions of the small

emissions units.

4. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of

subsection D of this section.

L. Monitoring requirements for PALs shall be as follows:

1. The fo llowing general requirements apply:

a. Each PAL permit shall contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in

terms of CO 2 e per unit of time. Any monitoring system

authorized for use in the PAL permit shall be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system shall meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.

b. The PAL monitoring system shall employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in subdivision 2 of this subsection and shall be approved by the board.

c. Notwithstanding subdivision 1 b of this subsection, the owner may also employ an alternative monitoring approach that meets subdivision 1 a of this subsection if approved by the board.

d. Failure to use a monitoring system that meets the requirements of this subsection renders the PAL invalid.

2. The following are acceptable general monitoring approaches when conducted in accordance with the following minimum requirements: a. Mass balance calculations for activities using coatings

or solve nts;

b. CEMS;

c. CPMS or PEMS; and

d. Emission factors.

3. An owner using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:

a. Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;

b. Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw

material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

c. Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner s hall use the highest value of the range to calculate the PAL pollutant

emissions unless the board determines there is site

specific data or a site

- specific monitoring program to support another content within the range.

4. An owner using CEMS to monitor PA L pollutant emissions shall meet the following requirements:

a. CEMS shall comply with applicable Performance Specifications found in Appendix B to 40 CFR Part 60;

and

b. CEMS shall sample, analyze, and record data at least every 15 minutes while the emiss ions unit is operating.

5. An owner using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

a. The CPMS or the PEMS shall be based on current site

specific data demonstrating a correlation between the monitored paramete rs and the PAL pollutant emissions across the range of operation of the emissions unit; and

b. Each CPMS or PEMS shall sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the board, while the

emissio ns unit is operating.

6. An owner using emission factors to monitor PAL pollutant emissions shall meet the following requirements:

a. All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the

fac tors' development;

b. The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and

c. If technically practicable, the owner of a significant

emissions unit that relies on an emission factor to

calculate PA L pollutant emissions shall conduct validation testing to determine a site

- specific emission

## Regulations

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1450 factor within six months of PAL permit issuance, unless the board determines that testing is not required.

7. A source owner shall record and report maximum

potent ial emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specifie d in the PAL permit.

8. Notwithstanding the requirements in subdivisions 3 through 7 of this subsection, where an owner of an

emissions unit cannot demonstrate a correlation between the monitored parameters and the PAL pollutant emissions rate at all opera ting points of the emissions unit, the board will, at the time of permit issuance:

a. Establish default values for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating points; or

b. Determine t hat operation of the emissions unit during operating conditions when there is no correlation between monitored parameters and the PAL pollutant

emissions is a violation of the PAL.

9. All data used to establish the PAL pollutant shall be revalidated throug h performance testing or other scientifically valid means approved by the board. Such testing shall occur at least once every five years after

issuance of the PAL.

M. Recordkeeping requirements shall be as follows:

1. The PAL permit shall require the owner to retain a copy of all records necessary to determine compliance with any requirement of this section and of the PAL, including a

determination of each emissions unit's 12

- month rolling total emissions, for five years from the date of such record.

2. The PAL permit shall require the owner to retain a copy of the following records for the duration of the PAL effective period plus five years:

a. A copy of the PAL permit application and any applications for revisions to the PAL; and

b. Each annual certificat ion of compliance pursuant to the federal operating permit program and the data relied on in certifying the compliance.

N. The owner shall submit semi

- annual monitoring reports and prompt deviation reports to the board in accordance with the federal operat ing permit program. The reports shall meet the following requirements:

1. The semi

- annual report shall be submitted to the board within 30 days of the end of each reporting period. This report shall contain the following information:

a. The identification of owner and the permit number.

b. Total annual emissions (expressed on a mass

- basis in tons per year, or expressed in tons per year CO 2 e) based

on a 12

- month rolling total for each month in the reporting period recorded pursuant to subdivision M 1 of

this section.

c. All data relied upon, including, but not limited to, any quality assurance or quality control data, in calculating the monthly and annual PAL pollutant emissions.

d. A list of any emissions units modified or added to the major stationary source or GHG

- only source during the preceding six

- month period.

e. The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any

corrective action taken.

f. A n otification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whet her the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by subdivision L 7 of

this section.

g. A signed sta tement by the responsible official (as defined by the federal operating permit program) certifying the truth, accuracy, and completeness of the information provided in the report.

2. The major stationary source or GHG

- only source owner shall promptly submi t reports of any deviations or exceedance of the PAL requirements, including periods where no monitoring is available. A report submitted pursuant to 9VAC5

- 80

- 110 F 2 b shall satisfy this reporting requirement. The deviation reports shall be

submitted with in the time limits prescribed by the applicable program implementing 9VAC5

- 80

- 110 F 2 b. The reports shall contain the following information:

a. The identification of owner and the permit number;

b. The PAL requirement that experienced the deviation

or that was exceeded;

c. Emissions resulting from the deviation or the exceedance; and

d. A signed statement by the responsible official (as defined by the federal operating permit program) certifying the truth, accuracy, and completeness of the information p rovided in the report.

3. The owner shall submit to the board the results of any

revalidation test or method within three months after completion of such test or method.

O. The board will not issue a PAL that does not comply with the requirements of this p art after March 13, 2014. The board may supersede any PAL that was established prior to March 13, 2014, with a PAL that complies with the requirements of this

section.

VA.R. Doc. No. R14

- 3397; Filed December 30, 2013, 12:53 p.m.ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

T he complete record of public participation activities is located at the Air Division of the Department of Environmental Quality. The d epartment contact to access this information is the Director, Air Division

.

The state did not receive comments on this particular revision.

TEMPLATES \ SIP

- REG \ REG03

- pc SIP \ NONATTN PLANS \ 2014 \ H 12

- SIP

- 3.DOC