# Regulations

Volume 31, Issue 21 Virginia Register of Regulations June 15, 2015

1786 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 dis position 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 anot her 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 t he 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.



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TITLE 9. ENVIRONMENT

ST ATE 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 Con tact: 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 fed eral 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 hav e 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

- methyl

1

- propanol (also known as AMP), whic h 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 regulatio ns "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 i n 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 amendme nt 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 p ublic

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Volume 31, Issue 21 Virginia Register of Regulations June 15, 2015

1787 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

o ther 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 heal th 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 t his 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 Common wealth. 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 re gulatory 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 t hat 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 produc ts 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 the m (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 a s a non

VOC 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 manufac turers 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 decre ased. 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 u sed 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 empl oyment 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 cost s 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 t his 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 wil l 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 V irginia 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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Volume 31, Issue 21 Virginia Register of Regulations June 15, 2015

1788 • the projected numbe r 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,

• t he 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,

a nd

• 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

- a mino

- 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 emis sions 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 u sing 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

re presentative. "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 ar ea 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 desig nated 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 onl y 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

e lectronic 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 signific ant 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 deteriora tion of existing air

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Volume 31, Issue 21 Virginia Register of Regulations June 15, 2015

1789 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 proje ctions 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 t he 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 init iated. 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

am bient air quality standard is established under 9VAC5

- 30 (Ambient Air Quality Standards). "Day" means a 24

- hour period beginning at midnight. "Delayed compliance order" means any order of the board issued after an appropriate hearing to an owner which post pones 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 designat ed 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 poll utant 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. Increa sing 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 incre ase 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, s uch 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 o r 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 emi tted 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 b oard 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 bur ning; 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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Volume 31, Issue 21 Virginia Register of Regulations June 15, 2015

1790 "Emergency" means a situation that im mediately 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 equip ment, 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 9 VAC5

- 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 o f 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 i n 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 exceedi ng 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 indiv idually 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 perform ance 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 own er; 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, wa kes 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 i nfluence 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
concentrat ion 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 pu rpose; 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 Cl ean 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 enforceab le 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 equiv alent emissions limitations established pursuant to § 112 of the federal Clean Air Act as amended in 1990.

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Volume 31, Issue 21 Virginia Register of Regulations June 15, 2015

1791 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. Limitation s 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 o r 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 tha t 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 p ermits 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 p rojected 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 ensu res 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 pollu tant" 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 incr ease 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 Ac t, 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 emissi on 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 str eam 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 equ ipment, or of a process to operate in a normal or usual manner, which failure is not due

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1792 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 a nd: 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 conductin g 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 m easured 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 amb ient air as measured by the applicable reference method, or an equivalent or alternative method.
"PM 10 " means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by the applicable reference method or a n equivalent method.
"PM 10 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 a ir 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 enf

orceable. "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 t o 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 designati on has been canceled in accordance with 40 CFR 53.11 or 40 CFR 53.16.

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Volume 31, Issue 21 Virginia Register of Regulations June 15, 2015

1793 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. F or 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 d esignated 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 Defi nitions) 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 Testi ng 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 porti ons 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: bui ldings, 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 contrib utes, 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 int o 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 tempera ture 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 pollut ion 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 sourc e" 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 contig uous 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).
"Tot al 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 accordan ce with methods described in American Petroleum Institute (API) publication, "Evaporative Loss from External Floating

-

# Regulations

Volume 31, Issue 21 Virginia Register of Regulations June 15, 2015

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 designate d 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, exclu ding 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 negligi ble 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 (HCFC

225ca); z. 1,3

- dichloro

- 1,1,2,2,3

- pentafluoropropane (HCFC

225cb); aa. 1,1,1,2,3,4,4,5,5,5

- decafluoropentane (HFC 43

- 10mee); bb. Difluoromethane (HFC

- 32); cc. Ethylfluoride (HFC

- 161); dd. 1,1,1,3,3,3

- hexafluoropropane (HFC

- 236fa); ee. 1,1,2,2,3

- pentafluoropropane (HFC

- 245ca); ff. 1,1,2,3,3

- pentafluoropropane (HFC

- 245ea); gg. 1,1,1,2,3

- pentafluoropropane (HFC

- 245eb); hh. 1,1,1,3,3

- pentafluoropropane (HFC

- 245fa); ii. 1,1,1,2,3,3

- hexafluoropropane (H FC

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

- pentafluorobutane (HFC

- 365mfc); kk. Chlorofluoromethane (HCFC

- 31);
ll. 1 chloro

- 1

- fluoroethane (HCFC

- 151a); mm. 1,2

- dichloro

- 1,1,2

- trifluoroethane (HCFC

- 123a); nn. 1,1,1,2,2,3,3,4,4

- nonafluoro

- 4

- methoxy

- butane (C 4 F 9 OCH 3 or HFE

- 7100);
oo. 2

- (difluoromethoxymethyl)

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

- hepta

fluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 ); pp. 1

- ethoxy

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

- nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE

- 7200); qq. 2

- (ethoxydifluoromethyl)

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

- hepta

fluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 );

rr. Methyl acetate; ss. 1,1,1,2,2,3,3

- heptafluoro

- 3

- methoxy

- propane (n

C 3 F 7 OCH 3 ) (HFE

- 7000);
tt. 3

- ethoxy

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

- dodecafluoro

- 2

- (trifluoromethyl) hexane (HFE

- 7500); uu. 1,1,1,2,3,3,3

- heptafluoropropane (HFC 227ea); vv. methyl formate (HCOOCH 3 ); ww. 1,1,1,2,2,3,4,5,5,5

- decafluoro

- 3

- methoxy

- 4

- trifluoromethyl

- pentane (HFE

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

zz. trans

- 1,3,3,3

- tetrafluoropropene; and
aaa. HCF 2 OCF 2 H (HFE

- 134);
bbb. HCF 2 OCF 2 OCF 2 H (HFE

- 236cal2);
ccc. H CF 2 OCF 2 CF 2 OCF 2 H (HFE

- 338pcc13);
ddd. HCF 2 OCF 2 OCF 2 CF 2 OCF 2 H (H

- Galden 1040x or H

Galden ZT 130 (or 150 or 180));
eee. trans 1

- chloro

- 3,3,3

- trifluoroprop

- 1

- ene; fff. 2,3,3,3

- tetrafluoropropene; and

# Regulations

Volume 31, Issue 21 Virginia Register of Regulations June 15, 2015

1795 ggg. 2

- amino

- 2

- methyl

- 1

- propanol; and

ggg. hhh. Perfluoroca rbon 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 shal l 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, th e 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 defi nition 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 trop osphere. 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 co mpound 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
stan dards, 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, wildlif e, 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 R egulation
Title s of Regulation s : 9VAC5

- 20. General Pr ovisions (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, tele phone (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, an d 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 stand ards 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 implementa tion, 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
p rovisions 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 str ingent requirements imposed as the classification level increases.