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Part V 

Recordkeeping Standards and Reporting Requirements 

6VAC20-260-230. Reporting standards and requirements.

A. Each licensed bail enforcement agent shall (i) report 

within 30 10 calendar days to the department any change in 

his residence, name, or business name, or business address,

and (ii) ensure that the department has the names and 

fictitious names of all companies under which he carries out 

his bail recovery business. 

B. Each licensed bail enforcement agent arrested or issued a 

summons for any crime shall report such fact within 30 10

calendar days to the department and shall report to the 

department within 30 10 days the facts and circumstances 

regarding the final disposition of his case. 

C. Each licensed bail enforcement agent shall report to the 

department within 30 10 calendar days of the final disposition 

any administrative action taken against him by another 

governmental agency in this the Commonwealth or in another 

jurisdiction. Such report shall include a copy of the order, 

consent to order, or other relevant legal documents.

D. Each licensed bail enforcement agent shall report to the 

department within 24 hours any event in which he discharges 

a firearm during the course of his duties. 

E. The bail enforcement agent shall retain, for a minimum of 

three calendar years from the date of a recovery, copies of all 

written documentation in connection with the recovery of a 

bailee pursuant to 6VAC20-260-260.

VA.R. Doc. No. R15-4373; Filed May 20, 2015, 2:32 p.m. 

 –––––––––––––––––– 

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Fast-Track Regulation

Title of Regulation: 9VAC5-10. General Definitions 

(Rev. E-14) (amending 9VAC5-10-20). 

Statutory Authority: § 10.1-1308 of the Code of Virginia.

Public Hearing Information: No public hearings are 

scheduled.

Public Comment Deadline: July 15, 2015.

Effective Date: July 30, 2015. 

Agency Contact: Karen G. Sabasteanski, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 

698-4510, TTY (804) 698-4021, or email 

karen.sabasteanski@deq.virginia.gov.

Basis: Section 10.1-1308 of the Code of Virginia authorizes 

the State Air Pollution Control Board to promulgate 

regulations abating, controlling, and prohibiting air pollution 

to protect public health and welfare. 

Federal Requirements: Section 109(a) of the federal Clean 

Air Act requires the U.S. Environmental Protection Agency 

(EPA) to prescribe national ambient air quality standards 

(NAAQS) to protect public health. Section 110 mandates that 

each state adopt and submit to EPA a state implementation 

plan (SIP) that provides for the implementation, maintenance, 

and enforcement of the NAAQS. Ozone, one of the pollutants 

for which there is a NAAQS, is in part created by emissions 

of volatile organic compounds (VOCs). Therefore, in order to 

control ozone, VOCs must be addressed in Virginia's SIP. 

40 CFR Part 51 sets out requirements for the preparation, 

adoption, and submittal of SIPs. Subpart F of Part 51, 

Procedural Requirements, includes § 51.100, which consists 

of a list of definitions. 40 CFR 51.100 contains a definition of 

VOC. This definition is revised by EPA in order to add or 

remove VOCs as necessary. If it can be demonstrated that a 

particular VOC is "negligibly reactive"--that is, if it can be 

shown that a VOC is not as reactive and therefore does not 

have a significant effect on ground-level or upper-level 

ozone--then EPA may remove that substance from the 

definition of VOC. On March 27, 2014 (79 FR 17037), EPA 

revised the definition of VOC to exclude 2-amino-2-methyl1- propanol (also known as AMP), which became effective on 

June 25, 2014. 

State Requirements: This specific amendment is not required 

by state mandate. Rather, Virginia's Air Pollution Control 

Law gives the State Air Pollution Control Board the 

discretionary authority to promulgate regulations "abating, 

controlling and prohibiting air pollution throughout or in any 

part of the Commonwealth" (§ 10.1-1308 A of the Code of 

Virginia). The law defines such air pollution as "the presence 

in the outdoor atmosphere of one or more substances which 

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

or safety, to animal or plant life, or to property, or which 

unreasonably interfere with the enjoyment by the people or 

life or property" (§ 10.1-1300 of the Code of Virginia).

Purpose: The purpose of the general definitions section is not 

to impose any regulatory requirements in and of itself, but to 

provide a basis for and support to other provisions of the 

board's regulations for the control and abatement of air 

pollution, which are in place in order to protect public health 

and welfare. The proposed amendment is being made to 

ensure that the definition of VOC, which is crucial to most of 

the regulations, is up-to-date and scientifically accurate, as 

well as consistent with the overall EPA requirements under 

which the regulations operate.

Rationale for Using Fast-Track Process: The definition of 

VOC is being revised to add a less-reactive substance to the 

list of substances not considered to be VOCs. As discussed 

elsewhere, this amendment is not expected to affect a 

significant number of sources or have any significant impact, 

other than a positive one, on air quality overall. Additionally, 

removal of this substance at the federal level was 

accompanied by detailed scientific review and public 
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comment. Therefore, no additional information on the 

reactivity of this substance or the appropriateness of its 

removal is anticipated.

Substance: The general definitions impose no regulatory 

requirements in and of themselves but provide support to 

other provisions of the board's regulations for the control and 

abatement of air pollution. The list of substances not 

considered to be VOCs in Virginia has been revised to add 2-

amino-2-methyl-1-propanol (also known as AMP).

Issues: The general public health and welfare will benefit 

because the revision may encourage the use of the delisted 

substance in place of products containing more reactive and 

thereby more polluting substances. This substance is 

considered to be negligibly reactive in the formation of

ground level (tropospheric) ozone, will not deplete upper 

level (stratospheric) ozone, and is not considered to be a 

hazardous (toxic) air pollutant. Therefore, this substance does 

not have a negative effect on human health or the 

environment.

Excluding this substance as a VOC will make it easier and 

less expensive for industry to use it. Companies that use this 

substance in place of more reactive substances may also 

benefit by reducing their VOC emissions and concomitant 

reductions in permitting and other regulatory requirements.

The amendment will allow the department to focus VOC 

reduction strategies on substances that have a negative impact 

on human health and the environment.

There are no known disadvantages to the public, the 

department, or the Commonwealth.

Department of Planning and Budget's Economic Impact 

Analysis:

Summary of the Proposed Amendments to Regulation. The 

State Air Pollution Control Board (Board) proposes to revise 

the definition of volatile organic compounds (VOC) to 

include 2-amino-2-methyl-1-propanol (also called AMP) on 

the list of compounds that are not considered to be VOC. 

Result of Analysis. Benefits likely exceed costs for this 

proposed change.

Estimated Economic Impact. The general definitions of 

9VAC5-10 do not impose any regulatory requirement by 

themselves, but they do help to clarify regulatory 

requirements in other parts of this regulation. The U.S. 

Environmental Protection Agency (EPA) has revised the 

federal definition of VOC to add AMP to the federal list of 

compounds that are not considered to be VOC because AMP 

makes a negligible contribution to tropospheric ozone 

formation relative to ethane (for which AMP may substitute 

in some manufacturing processes and products). Dow 

Chemical Company, in its petition to the EPA that resulted in 

AMP being excluded as a VOC, reports that AMP may be 

used in a variety of applications including use in pigments in 

water-based coatings, as an additive in metalworking fluids, 

in food contact paper, as a neutralizer in personal care 

products and as an intermediate compound in chemical 

synthesis. Board staff reports that there are no known 

facilities in Virginia that currently use AMP but that some 

manufacturers/facilities may start using it if it turns out to be 

directly less costly for them (if AMP is cheaper than 

compounds for which it substitutes) and/or indirectly less 

costly for them (in that it may allow them to avoid some 

pollution permit fee costs). Even though there are no known 

users of AMP in the state right now, it being listed as a nonVOC compound will benefit manufacturers that might have a 

use for it as they will have greater flexibility to lower their 

costs and possibly increase their profits. The general public 

may also benefit from this regulatory action as it gives 

manufacturers a less polluting compound that they can 

substitute for more polluting compounds in their 

manufacturing processes. To the extent that AMP is used 

instead of ethane or other, more polluting, substances, total 

pollution in the Commonwealth may be decreased.

Businesses and Entities Affected. Board staff reports that 

there are no known users of AMP in the state presently but 

that any entity that makes water-based coating, metalworking 

fluids or any of the other products in which AMP might 

potentially be used will be affected by this regulatory action. 

Localities Particularly Affected. No localities will be 

particularly affected by this proposed regulatory change.

Projected Impact on Employment. This regulatory action will 

likely have little impact on employment in the 

Commonwealth.

Effects on the Use and Value of Private Property. This 

regulatory action will likely have no immediate effect on the 

use or value of private property in the Commonwealth but 

may lower either direct or indirect manufacturing costs for 

entities that choose to use AMP in the future. To the extent 

that any firms costs are lowered, the value of that firm will 

likely increase.

Small Businesses: Costs and Other Effects. No affected small 

business is likely to incur costs on account of this proposed 

regulatory change.

Small Businesses: Alternative Method that Minimizes 

Adverse Impact. No affected small business is likely to incur 

costs on account of this proposed regulatory change.

Real Estate Development Costs. This regulatory action will 

likely have no effect on real estate development costs in the 

Commonwealth.

Legal Mandate. General: 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 

Code of Virginia and Executive Order Number 17 (2014). 

Section 2.2-4007.04 requires that such economic impact 

analyses determine the public benefits and costs of the 

proposed amendments. Further the report should include but 

not be limited to:
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• the projected number of businesses or other entities to 

whom the proposed regulation would apply, 

• the identity of any localities and types of businesses or 

other entities particularly affected,

• the projected number of persons and employment 

positions to be affected,

• the projected costs to affected businesses or entities to 

implement or comply with the

regulation, and

• the impact on the use and value of private property.

Small Businesses: If the proposed regulation will have an 

adverse effect on small businesses, § 2.2-4007.04 requires 

that such economic impact analyses include:

• an identification and estimate of the number of small 

businesses subject to the proposed regulation,

• the projected reporting, recordkeeping, and other 

administrative costs required for small businesses to 

comply with the proposed regulation, including the type of 

professional skills necessary for preparing required reports 

and other documents,

• a statement of the probable effect of the proposed 

regulation on affected small businesses,

and 

• a description of any less intrusive or less costly 

alternative methods of achieving the purpose of the 

proposed regulation. 

Additionally, pursuant to § 2.2-4007.1, if there is a finding 

that a proposed regulation may have an adverse impact on 

small business, the Joint Commission on Administrative 

Rules is notified at the time the proposed regulation is 

submitted to the Virginia Register of Regulations for 

publication. This analysis shall represent DPB's best estimate 

for the purposes of public review and comment on the 

proposed regulation.

Agency's Response to Economic Impact Analysis: The 

department has reviewed the economic impact analysis and 

has no comment.

Summary:

The amendment revises the definition of volatile organic 

compound (VOC) to add 2-amino-2-methyl-1-propanol 

(also known as AMP) to the list of substances excluded 

from the definition of VOC.

9VAC5-10-20. Terms defined.

"Actual emissions rate" means the actual rate of emissions 

of a pollutant from an emissions unit. In general actual 

emissions shall equal the average rate, in tons per year, at 

which the unit actually emitted the pollutant during the most 

recent two-year period or some other two-year period which 

is representative of normal source operation. If the board 

determines that no two-year period is representative of 

normal source operation, the board shall allow the use of an 

alternative period of time upon a determination by the board 

that it is more representative of normal source operation. 

Actual emissions shall be calculated using the unit's actual 

operating hours, production rates, and types of materials 

processed, stored, or combusted during the selected time 

period.

"Administrator" means the administrator of the U.S. 

Environmental Protection Agency (EPA) or his authorized 

representative.

"Affected facility" means, with reference to a stationary 

source, any part, equipment, facility, installation, apparatus, 

process or operation to which an emission standard is 

applicable or any other facility so designated. The term 

"affected facility" includes any affected source as defined in 

40 CFR 63.2.

"Air pollution" means the presence in the outdoor 

atmosphere of one or more substances which are or may be 

harmful or injurious to human health, welfare or safety; to 

animal or plant life; or to property; or which unreasonably 

interfere with the enjoyment by the people of life or property.

"Air quality" means the specific measurement in the ambient 

air of a particular air pollutant at any given time.

"Air quality control region" means any area designated as 

such in 9VAC5-20-200.

"Alternative method" means any method of sampling and 

analyzing for an air pollutant which is not a reference or 

equivalent method, but which has been demonstrated to the 

satisfaction of the board, in specific cases, to produce results 

adequate for its determination of compliance.

"Ambient air" means that portion of the atmosphere, 

external to buildings, to which the general public has access.

"Ambient air quality standard" means any primary or 

secondary standard designated as such in 9VAC5-30 

(Ambient Air Quality Standards).

"Board" means the State Air Pollution Control Board or its 

designated representative.

"Certified mail" means electronically certified or postal 

certified mail, except that this definition shall only apply to 

the mailing of plan approvals, permits, or certificates issued 

under the provisions of these regulations and only where the 

recipient has notified the department of the recipient's consent 

to receive plan approvals, permits, or certificates by 

electronic mail. Any provision of these regulations requiring 

the use of certified mail to transmit special orders or 

administrative orders pursuant to enforcement proceedings 

shall mean postal certified mail.

"Class I area" means any prevention of significant 

deterioration area (i) in which virtually any deterioration of 

existing air quality is considered significant and (ii) 

designated as such in 9VAC5-20-205.

"Class II area" means any prevention of significant 

deterioration area (i) in which any deterioration of existing air 
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quality beyond that normally accompanying well-controlled 

growth is considered significant and (ii) designated as such in 

9VAC5-20-205.

"Class III area" means any prevention of significant 

deterioration area (i) in which deterioration of existing air 

quality to the levels of the ambient air quality standards is 

permitted and (ii) designated as such in 9VAC5-20-205.

"Continuous monitoring system" means the total equipment 

used to sample and condition (if applicable), to analyze, and 

to provide a permanent continuous record of emissions or 

process parameters.

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

a stationary source to establish pollution abatement goals, 

including a compliance schedule to achieve such goals. The 

plan may be submitted voluntarily, or upon request or by 

order of the board, to ensure compliance by the owner with 

standards, policies and regulations adopted by the board. The 

plan shall include system and equipment information and 

operating performance projections as required by the board 

for evaluating the probability of achievement. A control 

program shall contain the following increments of progress:

1. The date by which contracts for emission control system 

or process modifications are to be awarded, or the date by 

which orders are to be issued for the purchase of 

component parts to accomplish emission control or process 

modification.

2. The date by which the on-site construction or installation 

of emission control equipment or process change is to be 

initiated.

3. The date by which the on-site construction or installation 

of emission control equipment or process modification is to 

be completed.

4. The date by which final compliance is to be achieved.

"Criteria pollutant" means any pollutant for which an 

ambient air quality standard is established under 9VAC5-30 

(Ambient Air Quality Standards).

"Day" means a 24-hour period beginning at midnight.

"Delayed compliance order" means any order of the board 

issued after an appropriate hearing to an owner which 

postpones the date by which a stationary source is required to 

comply with any requirement contained in the applicable 

implementation plan.

"Department" means any employee or other representative 

of the Virginia Department of Environmental Quality, as 

designated by the director.

"Director" or "executive director" means the director of the 

Virginia Department of Environmental Quality or a 

designated representative.

"Dispersion technique"

1. Means any technique which attempts to affect the 

concentration of a pollutant in the ambient air by:

a. Using that portion of a stack which exceeds good 

engineering practice stack height;

b. Varying the rate of emission of a pollutant according 

to atmospheric conditions or ambient concentrations of 

that pollutant; or

c. Increasing final exhaust gas plume rise by 

manipulating source process parameters, exhaust gas 

parameters, stack parameters, or combining exhaust 

gases from several existing stacks into one stack; or other 

selective handling of exhaust gas streams so as to 

increase the exhaust gas plume rise.

2. The preceding sentence Subdivision 1 of this definition

does not include:

a. The reheating of a gas stream, following use of a 

pollution control system, for the purpose of returning the 

gas to the temperature at which it was originally 

discharged from the facility generating the gas stream;

b. The merging of exhaust gas streams where:

(1) The owner demonstrates that the facility was 

originally designed and constructed with such merged 

gas streams;

(2) After July 8, 1985, such merging is part of a change 

in operation at the facility that includes the installation of 

pollution controls and is accompanied by a net reduction 

in the allowable emissions of a pollutant. This exclusion 

from the definition of "dispersion techniques" shall apply 

only to the emissions limitation for the pollutant affected 

by such change in operation; or

(3) Before July 8, 1985, such merging was part of a 

change in operation at the facility that included the 

installation of emissions control equipment or was 

carried out for sound economic or engineering reasons. 

Where there was an increase in the emissions limitation 

or, in the event that no emissions limitation was in 

existence prior to the merging, an increase in the quantity 

of pollutants actually emitted prior to the merging, the 

board shall presume that merging was significantly 

motivated by an intent to gain emissions credit for 

greater dispersion. Absent a demonstration by the owner 

that merging was not significantly motivated by such 

intent, the board shall deny credit for the effects of such 

merging in calculating the allowable emissions for the 

source;

c. Smoke management in agricultural or silvicultural 

prescribed burning programs;

d. Episodic restrictions on residential woodburning and 

open burning; or

e. Techniques under subdivision 1 c of this definition 

which increase final exhaust gas plume rise where the 

resulting allowable emissions of sulfur dioxide from the 

facility do not exceed 5,000 tons per year.
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"Emergency" means a situation that immediately and 

unreasonably affects, or has the potential to immediately and 

unreasonably affect, public health, safety or welfare; the 

health of animal or plant life; or property, whether used for 

recreational, commercial, industrial, agricultural or other

reasonable use.

"Emissions limitation" means any requirement established 

by the board which limits the quantity, rate, or concentration 

of continuous emissions of air pollutants, including any 

requirements which limit the level of opacity, prescribe 

equipment, set fuel specifications, or prescribe operation or 

maintenance procedures to assure continuous emission 

reduction.

"Emission standard" means any provision of 9VAC5-40 

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

Stationary Sources), or 9VAC5-60 (Hazardous Air Pollutant 

Sources) that prescribes an emissions limitation, or other 

requirements that control air pollution emissions.

"Emissions unit" means any part of a stationary source 

which emits or would have the potential to emit any air 

pollutant. 

"Equivalent method" means any method of sampling and 

analyzing for an air pollutant which has been demonstrated to 

the satisfaction of the board to have a consistent and 

quantitative relationship to the reference method under 

specified conditions. 

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

an authorized representative. 

"Excess emissions" means emissions of air pollutant in 

excess of an emission standard. 

"Excessive concentration" is defined for the purpose of 

determining good engineering practice (GEP) stack height 

under subdivision 3 of the GEP definition and means: 

1. For sources seeking credit for stack height exceeding 

that established under subdivision 2 of the GEP definition, 

a maximum ground-level concentration due to emissions 

from a stack due in whole or part to downwash, wakes, and 

eddy effects produced by nearby structures or nearby 

terrain features which individually is at least 40% in excess 

of the maximum concentration experienced in the absence 

of such downwash, wakes, or eddy effects and which 

contributes to a total concentration due to emissions from 

all sources that is greater than an ambient air quality 

standard. For sources subject to the provisions of Article 8 

(9VAC5-80-1605 et seq.) of Part II of 9VAC5-80 (Permits 

for Stationary Sources), an excessive concentration 

alternatively means a maximum ground-level 

concentration due to emissions from a stack due in whole 

or part to downwash, wakes, or eddy effects produced by 

nearby structures or nearby terrain features which 

individually is at least 40% in excess of the maximum 

concentration experienced in the absence of the maximum 

concentration experienced in the absence of such 

downwash, wakes, or eddy effects and greater than a 

prevention of significant deterioration increment. The 

allowable emission rate to be used in making 

demonstrations under this provision shall be prescribed by 

the new source performance standard that is applicable to 

the source category unless the owner demonstrates that this 

emission rate is infeasible. Where such demonstrations are 

approved by the board, an alternative emission rate shall be 

established in consultation with the owner; 

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

increases in existing stack heights up to the heights 

established under subdivision 2 of the GEP definition, 

either (i) a maximum ground-level concentration due in 

whole or part to downwash, wakes or eddy effects as 

provided in subdivision 1 of this definition, except that the 

emission rate specified by any applicable implementation 

plan (or, in the absence of such a limit, the actual emission 

rate) shall be used, or (ii) the actual presence of a local 

nuisance caused by the existing stack, as determined by the 

board; and 

3. For sources seeking credit after January 12, 1979, for a 

stack height determined under subdivision 2 of the GEP 

definition where the board requires the use of a field study 

or fluid model to verify GEP stack height, for sources 

seeking stack height credit after November 9, 1984, based 

on the aerodynamic influence of cooling towers, and for 

sources seeking stack height credit after December 31, 

1970, based on the aerodynamic influence of structures not 

adequately represented by the equations in subdivision 2 of 

the GEP definition, a maximum ground-level concentration 

due in whole or part to downwash, wakes or eddy effects 

that is at least 40% in excess of the maximum 

concentration experienced in the absence of such 

downwash, wakes, or eddy effects. 

"Existing source" means any stationary source other than a 

new source or modified source. 

"Facility" means something that is built, installed or 

established to serve a particular purpose; includes, but is not 

limited to, buildings, installations, public works, businesses, 

commercial and industrial plants, shops and stores, heating 

and power plants, apparatus, processes, operations, structures, 

and equipment of all types. 

"Federal Clean Air Act" means Chapter 85 (§ 7401 et seq.) 

of Title 42 of the United States Code.

"Federally enforceable" means all limitations and conditions 

which are enforceable by the administrator and citizens under 

the federal Clean Air Act or that are enforceable under other 

statutes administered by the administrator. Federally 

enforceable limitations and conditions include, but are not 

limited to, the following: 

1. Emission standards, alternative emission standards, 

alternative emissions limitations, and equivalent emissions 

limitations established pursuant to § 112 of the federal 

Clean Air Act as amended in 1990.
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2. New source performance standards established pursuant 

to § 111 of the federal Clean Air Act, and emission 

standards established pursuant to § 112 of the federal 

Clean Air Act before it was amended in 1990.

3. All terms and conditions in a federal operating permit, 

including any provisions that limit a source's potential to 

emit, unless expressly designated as not federally 

enforceable.

4. Limitations and conditions that are part of an 

implementation plan.

5. Limitations and conditions that are part of a section §

111(d) or section 111(d)/129 plan.

6. Limitations and conditions that are part of a federal 

construction permit issued under 40 CFR 52.21 or any 

construction permit issued under regulations approved by 

EPA in accordance with 40 CFR Part 51.

7. Limitations and conditions that are part of an operating 

permit issued pursuant to a program approved by EPA into 

an implementation plan as meeting EPA's minimum 

criteria for federal enforceability, including adequate 

notice and opportunity for EPA and public comment prior 

to issuance of the final permit and practicable 

enforceability.

8. Limitations and conditions in a Virginia regulation or 

program that has been approved by EPA under subpart E 

of 40 CFR Part 63 for the purposes of implementing and 

enforcing § 112 of the federal Clean Air Act.

9. Individual consent agreements issued pursuant to the 

legal authority of EPA.

"Good engineering practice" or "GEP," with reference to the 

height of the stack, means the greater of:

1. 65 meters, measured from the ground-level elevation at 

the base of the stack;

2. a. For stacks in existence on January 12, 1979, and for 

which the owner had obtained all applicable permits or 

approvals required under 9VAC5-80 (Permits for 

Stationary Sources),

Hg = 2.5H, 

provided the owner produces evidence that this equation 

was actually relied on in establishing an emissions 

limitation; 

b. For all other stacks, 

Hg = H + 1.5L, 

where: 

Hg = good engineering practice stack height, measured 

from the ground-level elevation at the base of the stack, 

H = height of nearby structure(s) measured from the 

ground-level elevation at the base of the stack, 

L = lesser dimension, height or projected width, of 

nearby structure(s) provided that the board may require 

the use of a field study or fluid model to verify GEP 

stack height for the source; or 

3. The height demonstrated by a fluid model or a field 

study approved by the board, which ensures that the 

emissions from a stack do not result in excessive 

concentrations of any air pollutant as a result of 

atmospheric downwash, wakes, or eddy effects created by 

the source itself, nearby structures or nearby terrain 

features. 

"Hazardous air pollutant" means an air pollutant to which no 

ambient air quality standard is applicable and which in the 

judgment of the administrator causes, or contributes to, air 

pollution which may reasonably be anticipated to result in an 

increase in mortality or an increase in serious irreversible, or 

incapacitating reversible, illness. 

"Implementation plan" means the portion or portions of the 

state implementation plan, or the most recent revision thereof, 

which has been approved under § 110 of the federal Clean Air 

Act, or promulgated under § 110(c) of the federal Clean Air 

Act, or promulgated or approved pursuant to regulations 

promulgated under § 301(d) of the federal Clean Air Act and 

which implements the relevant requirements of the federal 

Clean Air Act. 

"Initial emission test" means the test required by any 

regulation, permit issued pursuant to 9VAC5-80 (Permits for 

Stationary Sources), control program, compliance schedule or 

other enforceable mechanism for determining compliance 

with new or more stringent emission standards or permit 

limitations or other emissions limitations requiring the 

installation or modification of air pollution control equipment 

or implementation of a control method. Initial emission tests 

shall be conducted in accordance with 9VAC5-40-30.

"Initial performance test" means the test required by (i) 

40 CFR Part 60 for determining compliance with standards of 

performance, or (ii) a permit issued pursuant to 9VAC5-80 

(Permits for Stationary Sources) for determining initial 

compliance with permit limitations. Initial performance tests 

shall be conducted in accordance with 9VAC5-50-30 and 

9VAC5-60-30.

"Isokinetic sampling" means sampling in which the linear 

velocity of the gas entering the sampling nozzle is equal to 

that of the undisturbed gas stream at the sample point. 

"Locality" means a city, town, county or other public body 

created by or pursuant to state law. 

"Mail" means electronic or postal delivery.

"Maintenance area" means any geographic region of the 

United States previously designated as a nonattainment area 

and subsequently redesignated to attainment subject to the 

requirement to develop a maintenance plan and designated as 

such in 9VAC5-20-203. 

"Malfunction" means any sudden failure of air pollution 

control equipment, of process equipment, or of a process to 

operate in a normal or usual manner, which failure is not due 
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to intentional misconduct or negligent conduct on the part of 

the owner or other person. Failures that are caused in part by 

poor maintenance or careless operation are not malfunctions. 

"Monitoring device" means the total equipment used to 

measure and record (if applicable) process parameters. 

"Nearby" as used in the definition of good engineering 

practice (GEP) is defined for a specific structure or terrain 

feature and: 

1. For purposes of applying the formulae provided in 

subdivision 2 of the GEP definition means that distance up 

to five times the lesser of the height or the width dimension 

of a structure, but not greater than 0.8 km (1/2 mile); and 

2. For conducting demonstrations under subdivision 3 of 

the GEP definition means not greater than 0.8 km (1/2 

mile), except that the portion of a terrain feature may be 

considered to be nearby which falls within a distance of up 

to 10 times the maximum height (Ht) of the feature, not to 

exceed two miles if such feature achieves a height (Ht) 0.8 

km from the stack that is at least 40% of the GEP stack 

height determined by the formulae provided in subdivision 

2 b of the GEP definition or 26 meters, whichever is 

greater, as measured from the ground-level elevation at the 

base of the stack. The height of the structure or terrain 

feature is measured from the ground-level elevation at the 

base of the stack. 

"Nitrogen oxides" means all oxides of nitrogen except 

nitrous oxide, as measured by test methods set forth in 40 

CFR Part 60. 

"Nonattainment area" means any area which is shown by air 

quality monitoring data or, where such data are not available, 

which is calculated by air quality modeling (or other methods 

determined by the board to be reliable) to exceed the levels 

allowed by the ambient air quality standard for a given 

pollutant including, but not limited to, areas designated as 

such in 9VAC5-20-204. 

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

"One-hour period" means any period of 60 consecutive 

minutes commencing on the hour. 

"Organic compound" means any chemical compound of 

carbon excluding carbon monoxide, carbon dioxide, carbonic 

disulfide, carbonic acid, metallic carbides, metallic carbonates 

and ammonium carbonate. 

"Owner" means any person, including bodies politic and 

corporate, associations, partnerships, personal representatives, 

trustees and committees, as well as individuals, who owns, 

leases, operates, controls or supervises a source. 

"Particulate matter" means any airborne finely divided solid 

or liquid material with an aerodynamic diameter smaller than 

100 micrometers. 

"Particulate matter emissions" means all finely divided solid 

or liquid material, other than uncombined water, emitted to 

the ambient air as measured by the applicable reference 

method, or an equivalent or alternative method.

"PM10" means particulate matter with an aerodynamic 

diameter less than or equal to a nominal 10 micrometers as 

measured by the applicable reference method or an equivalent 

method.

"PM10 emissions" means finely divided solid or liquid 

material, with an aerodynamic diameter less than or equal to a 

nominal 10 micrometers emitted to the ambient air as 

measured by the applicable reference method, or an 

equivalent or alternative method.

"Performance test" means a test for determining emissions 

from new or modified sources.

"Person" means an individual, corporation, partnership, 

association, a governmental body, a municipal corporation, or 

any other legal entity.

"Pollutant" means any substance the presence of which in 

the outdoor atmosphere is or may be harmful or injurious to 

human health, welfare or safety, to animal or plant life, or to 

property, or which unreasonably interferes with the 

enjoyment by the people of life or property.

"Potential to emit" means the maximum capacity of a 

stationary source to emit a pollutant under its physical and 

operational design. Any physical or operational limitation on 

the capacity of the source to emit a pollutant, including air 

pollution control equipment, and restrictions on hours of 

operation or on the type or amount of material combusted, 

stored, or processed, shall be treated as part of its design only 

if the limitation or its effect on emissions is state and 

federally enforceable.

"Prevention of significant deterioration area" means any area 

not designated as a nonattainment area in 9VAC5-20-204 for 

a particular pollutant and designated as such in 9VAC5-20-

205.

"Proportional sampling" means sampling at a rate that 

produces a constant ratio of sampling rate to stack gas flow 

rate. 

"Public hearing" means, unless indicated otherwise, an 

informal proceeding, similar to that provided for in § 2.2-

4007.02 of the Administrative Process Act, held to afford 

persons an opportunity to submit views and data relative to a 

matter on which a decision of the board is pending.

"Reference method" means any method of sampling and 

analyzing for an air pollutant as described in the following 

EPA regulations:

1. For ambient air quality standards in 9VAC5-30 

(Ambient Air Quality Standards): The applicable appendix 

of 40 CFR Part 50 or any method that has been designated 

as a reference method in accordance with 40 CFR Part 53, 

except that it does not include a method for which a 

reference designation has been canceled in accordance 

with 40 CFR 53.11 or 40 CFR 53.16.
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2. For emission standards in 9VAC5-40 (Existing 

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

Stationary Sources): Appendix M of 40 CFR Part 51 or 

Appendix A of 40 CFR Part 60.

3. For emission standards in 9VAC5-60 (Hazardous Air 

Pollutant Sources): Appendix B of 40 CFR Part 61 or 

Appendix A of 40 CFR Part 63.

"Regional director" means the regional director of an 

administrative region of the Department of Environmental 

Quality or a designated representative.

"Regulation of the board" means any regulation adopted by 

the State Air Pollution Control Board under any provision of 

the Code of Virginia.

"Regulations for the Control and Abatement of Air 

Pollution" means 9VAC5-10 (General Definitions) through 

9VAC5-80 (Permits for Stationary Sources).

"Reid vapor pressure" means the absolute vapor pressure of 

volatile crude oil and volatile nonviscous petroleum liquids 

except liquefied petroleum gases as determined by American 

Society for Testing and Materials publication, "Standard Test 

Method for Vapor Pressure of Petroleum Products (Reid 

Method)" (see 9VAC5-20-21).

"Run" means the net period of time during which an 

emission sample is collected. Unless otherwise specified, a 

run may be either intermittent or continuous within the limits 

of good engineering practice.

"Section 111(d) plan" means the portion or portions of the 

plan, or the most recent revision thereof, which has been 

approved under 40 CFR 60.27(b) in accordance with 

§ 111(d)(1) of the federal Clean Air Act, or promulgated 

under 40 CFR 60.27(d) in accordance with § 111(d)(2) of the 

federal Clean Air Act, and which implements the relevant 

requirements of the federal Clean Air Act. 

"Section 111(d)/129 plan" means the portion or portions of 

the plan, or the most recent revision thereof, which has been 

approved under 40 CFR 60.27(b) in accordance with 

§§ 111(d)(1) and 129(b)(2) of the federal Clean Air Act, or 

promulgated under 40 CFR 60.27(d) in accordance with 

§§ 111(d)(2) and 129(b)(3) of the federal Clean Air Act, and 

which implements the relevant requirements of the federal 

Clean Air Act. 

"Shutdown" means the cessation of operation of an affected 

facility for any purpose. 

"Source" means any one or combination of the following: 

buildings, structures, facilities, installations, articles, 

machines, equipment, landcraft, watercraft, aircraft or other 

contrivances which contribute, or may contribute, either 

directly or indirectly to air pollution. Any activity by any 

person that contributes, or may contribute, either directly or 

indirectly to air pollution, including, but not limited to, open 

burning, generation of fugitive dust or emissions, and 

cleaning with abrasives or chemicals. 

"Stack" means any point in a source designed to emit solids, 

liquids or gases into the air, including a pipe or duct, but not 

including flares. 

"Stack in existence" means that the owner had: 

1. Begun, or caused to begin, a continuous program of 

physical on-site construction of the stack; or 

2. Entered into binding agreements or contractual 

obligations, which could not be canceled or modified 

without substantial loss to the owner, to undertake a 

program of construction of the stack to be completed in a 

reasonable time. 

"Standard conditions" means a temperature of 20°C (68°F) 

and a pressure of 760 mm of Hg (29.92 inches of Hg). 

"Standard of performance" means any provision of 9VAC5-

50 (New and Modified Stationary Sources) which prescribes 

an emissions limitation or other requirements that control air 

pollution emissions. 

"Startup" means the setting in operation of an affected 

facility for any purpose. 

"State enforceable" means all limitations and conditions 

which are enforceable by the board or department, including, 

but not limited to, those requirements developed pursuant to 

9VAC5-170-160; requirements within any applicable 

regulation, order, consent agreement or variance; and any 

permit requirements established pursuant to 9VAC5-80 

(Permits for Stationary Sources). 

"State Implementation Plan" means the plan, including the 

most recent revision thereof, which has been approved or 

promulgated by the administrator, U.S. Environmental 

Protection Agency, under § 110 of the federal Clean Air Act, 

and which implements the requirements of § 110.

"Stationary source" means any building, structure, facility or 

installation which emits or may emit any air pollutant. A 

stationary source shall include all of the pollutant-emitting 

activities which belong to the same industrial grouping, are 

located on one or more contiguous or adjacent properties, and 

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

common control) except the activities of any vessel. 

Pollutant-emitting activities shall be considered as part of the 

same industrial grouping if they belong to the same "Major 

Group" (i.e., which have the same two-digit code) as 

described in the Standard Industrial Classification Manual 

(see 9VAC5-20-21).

"These regulations" means 9VAC5-10 (General Definitions) 

through 9VAC5-80 (Permits for Stationary Sources).

"Total suspended particulate" or "TSP" means particulate 

matter as measured by the reference method described in 

Appendix B of 40 CFR Part 50. 

"True vapor pressure" means the equilibrium partial pressure 

exerted by a petroleum liquid as determined in accordance 

with methods described in American Petroleum Institute 

(API) publication, "Evaporative Loss from External Floating-
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1794

Roof Tanks" (see 9VAC5-20-21). The API procedure may 

not be applicable to some high viscosity or high pour crudes. 

Available estimates of true vapor pressure may be used in 

special cases such as these. 

"Urban area" means any area consisting of a core city with a 

population of 50,000 or more plus any surrounding localities 

with a population density of 80 persons per square mile and 

designated as such in 9VAC5-20-201. 

"Vapor pressure," except where specific test methods are 

specified, means true vapor pressure, whether measured 

directly, or determined from Reid vapor pressure by use of 

the applicable nomograph in American Petroleum Institute 

publication, "Evaporative Loss from Floating-Roof Tanks" 

(see 9VAC5-20-21). 

"Virginia Air Pollution Control Law" means Chapter 13 

(§ 10.1-1300 et seq.) of Title 10.1 of the Code of Virginia. 

"Volatile organic compound" means any compound of 

carbon, excluding carbon monoxide, carbon dioxide, carbonic 

acid, metallic carbides or carbonates, and ammonium 

carbonate, which participates in atmospheric photochemical 

reactions. 

1. This includes any such organic compounds which have 

been determined to have negligible photochemical 

reactivity other than the following: 

a. Methane; 

b. Ethane; 

c. Methylene chloride (dichloromethane); 

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

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

f. Trichlorofluoromethane (CFC-11); 

g. Dichlorodifluoromethane (CFC-12); 

h. Chlorodifluoromethane (H CFC-22); 

i. Trifluoromethane (H FC-23); 

j. 1,2-dichloro 1,1,2,2,-tetrafluoroethane (CFC-114); 

k. Chloropentafluoroethane (CFC-115); 

l. 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123); 

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

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

o. 1-chloro 1,1-difluoroethane (HCFC-142b); 

p. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); 

q. Pentafluoroethane (HFC-125); 

r. 1,1,2,2-tetrafluoroethane (HFC-134);

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

t. 1,1-difluoroethane (HFC-152a); 

u. Parachlorobenzotrifluoride (PCBTF); 

v. Cyclic, branched, or linear completely methylated 

siloxanes; 

w. Acetone; 

x. Perchloroethylene (tetrachloroethylene); 

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

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

aa. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-

10mee); 

bb. Difluoromethane (HFC-32); 

cc. Ethylfluoride (HFC-161); 

dd. 1,1,1,3,3,3-hexafluoropropane (HFC-236fa); 

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

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

gg. 1,1,1,2,3-pentafluoropropane (HFC-245eb); 

hh. 1,1,1,3,3-pentafluoropropane (HFC-245fa); 

ii. 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 

jj. 1,1,1,3,3-pentafluorobutane (HFC-365mfc); 

kk. Chlorofluoromethane (HCFC-31); 

ll. 1 chloro-1-fluoroethane (HCFC-151a); 

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

nn. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane 

(C4F9OCH3 or HFE-7100); 

oo. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2 OCH3); 

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

OC2H5 or HFE-7200); 

qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5); 

rr. Methyl acetate; 

ss. 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F7OCH3) (HFE-7000); 

tt. 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-

(trifluoromethyl) hexane (HFE-7500); 

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

vv. methyl formate (HCOOCH3); 

ww. 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-

trifluoromethyl-pentane (HFE-7300); 

xx. propylene carbonate;

yy. dimethyl carbonate; 

zz. trans-1,3,3,3-tetrafluoropropene; and

aaa. HCF2OCF2H (HFE-134); 

bbb. HCF2OCF2OCF2H (HFE-236cal2); 

ccc. HCF2OCF2CF2OCF2H (HFE-338pcc13); 

ddd. HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or HGalden ZT 130 (or 150 or 180)); 

eee. trans 1-chloro-3,3,3-trifluoroprop-1-ene;

fff. 2,3,3,3-tetrafluoropropene; and
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ggg. 2-amino-2-methyl-1-propanol; and

ggg. hhh. Perfluorocarbon compounds which fall into 

these classes: 

(1) Cyclic, branched, or linear, completely fluorinated 

alkanes; 

(2) Cyclic, branched, or linear, completely fluorinated 

ethers with no unsaturations; 

(3) Cyclic, branched, or linear, completely fluorinated 

tertiary amines with no unsaturations; and 

(4) Sulfur containing perfluorocarbons with no 

unsaturations and with sulfur bonds only to carbon and 

fluorine. 

2. For purposes of determining compliance with emissions 

standards, volatile organic compounds shall be measured 

by the appropriate reference method in accordance with the 

provisions of 9VAC5-40-30 or 9VAC5-50-30, as 

applicable. Where such a method also measures 

compounds with negligible photochemical reactivity, these 

negligibly reactive compounds may be excluded as a 

volatile organic compound if the amount of such 

compounds is accurately quantified, and such exclusion is 

approved by the board. 

3. As a precondition to excluding these compounds as 

volatile organic compounds or at any time thereafter, the 

board may require an owner to provide monitoring or 

testing methods and results demonstrating, to the 

satisfaction of the board, the amount of negligibly reactive 

compounds in the emissions of the source. 

4. Exclusion of the above compounds in this definition in 

effect exempts such compounds from the provisions of 

emission standards for volatile organic compounds. The 

compounds are exempted on the basis of being so inactive 

that they will not contribute significantly to the formation 

of ozone in the troposphere. However, this exemption does 

not extend to other properties of the exempted compounds 

which, at some future date, may require regulation and 

limitation of their use in accordance with requirements of 

the federal Clean Air Act. 

5. The following compound is a VOC for purposes of all 

recordkeeping, emissions reporting, photochemical 

dispersion modeling and inventory requirements that apply 

to VOCs and shall be uniquely identified in emission 

reports, but is not a VOC for purposes of VOC emission 

standards, VOC emissions limitations, or VOC content 

requirements: t-butyl acetate. 

"Welfare" means that language referring to effects on 

welfare includes, but is not limited to, effects on soils, water, 

crops, vegetation, man-made materials, animals, wildlife, 

weather, visibility and climate, damage to and deterioration of 

property, and hazards to transportation, as well as effects on 

economic values and on personal comfort and well-being. 

VA.R. Doc. No. R15-4073; Filed May 27, 2015, 11:17 a.m. 

Fast-Track Regulation

Titles of Regulations: 9VAC5-20. General Provisions (Rev. 

C14) (amending 9VAC5-20-21).

9VAC5-40. Existing Stationary Sources (Rev. C14)

(amending 9VAC5-40-5220, 9VAC5-40-5270). 

Statutory Authority: § 10.1-1308 of the Code of Virginia; 

§§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air 

Act; 40 CFR Parts 51 and 60.

Public Hearing Information: No public hearings are 

scheduled.

Public Comment Deadline: July 15, 2015.

Effective Date: July 30, 2015. 

Agency Contact: Karen G. Sabasteanski, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 

698-4510, TTY (804) 698-4021, or email 

karen.sabasteanski@deq.virginia.gov.

Basis: Section 10.1-1308 of the Code of Virginia authorizes 

the State Air Pollution Control Board to promulgate 

regulations abating, controlling, and prohibiting air pollution 

to protect public health and welfare. 

Federal Requirements: Sections 109 (a) and (b) of the federal 

Clean Air Act (Act) require the U.S. Environmental 

Protection Agency (EPA) to prescribe primary and secondary 

air quality standards to protect public health and welfare for 

each air pollutant for which air quality criteria were issued 

before the enactment of the 1970 Act. These standards are 

known as the National Ambient Air Quality Standards 

(NAAQS). Among the NAAQS specified by EPA under 

40 CFR Part 50, ozone and its precursors (nitrogen oxides 

and volatile organic compounds) are included.

Section 110(a) of the Act mandates that each state adopt and 

submit to EPA a state implementation plan (SIP) which 

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 plan must establish enforceable emission limitations and 

other control measures as necessary to comply with the 

provisions of the Act, establish schedules for compliance, 

prohibit emissions that would contribute to nonattainment of 

the standards or interfere with maintenance of the standards 

by any state, and require sources of air pollution to install, 

maintain, and replace monitoring equipment as necessary and 

to report periodically on emissions-related data.

Part D of the Act specifies state implementation plan 

requirements for nonattainment areas, with Subpart 1 

covering nonattainment areas in general and Subpart 2 

covering additional provisions for ozone nonattainment areas. 

Ozone nonattainment areas are further classified, depending 

on the severity of their ozone pollution problem, as marginal, 

moderate, serious, severe, and extreme, with correspondingly 

more stringent requirements imposed as the classification 

level increases.