Douglas W. Domenech 

Secretary of Nat ural Resources 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Street address: 629 East Main Street, Richmond, Virginia 232 19 

Mailing address: P.O. Box 1105, Richmond, Virginia 23218 

TDD (804) 698-4021 

www.deq.virginia.gov 

JUL 2 6 2013 

Ms. Diana Esher, Director 

Air Protection Division (3APOO) 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

David K. Paylor 

Director 

(804) 698-4020 

1-800-592-5482 

Reference: Ambient Air 

Quality Standards, PM2.5 

(Rev. B13) 

Dear Ms. Esher: 

Pursuant to the requirements of § 110 of the Clean Air Act, we are officially requesting 

approval of a revision to the Commonwealth of Virginia State Implementation Plan (SIP) 

approved and submitted under the authority of§ 10.1-1185 of the Code of Virginia and in 

accordance with the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans). 

This revision consists of revising the national ambient air quality standard (NAAQS) for 

fine particulate matter (PM2.5) as promulgated by EPA on January 15,2013 (78 FR 3086). 

Chapter 30 contains the specific criteria pollutant standards set out in 40 CFR Part 50. 

Therefore, this chapter is the action effectively implementing the EPA requirements. The 

regulation amendments were adopted by the State Air Pollution Control Board on March 13, 

2013 under the authority of§ 10.1-1308 ofthe Code of Virginia. 

Enclosed are the following: 

1. A true copy of the official regulation (Revision B 13) which was published in the 

Virginia Register of Regulations on April22, 2013 after being duly adopted by the State Air 

Pollution Control Board on March 13, 2013, certified by the Office of the Attorney General as 

within the Board's statutory authority on March 13,2013 and thus fully enforceable under 
Virginia Jaw, and submitted· to the Virginia Registrar on behalf ofthe board by the Department 

of Environmental Quality as a true and accurate copy of the duly adopted regulation on March 

20,2013. 

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

procedures. 

3. Public participation record. 

4. An electronic copy (CD) of the complete submittal. This electronic copy is an exact 

duplicate of the hard copy. 

]f you have any questions or need additional information, please let us know. 

David K. Pay lor 

DKP\kgs 

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EncJosures 
ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION B13

CONCERNING

AMBIENT AIR QUALITY STANDARDS

(9VAC5 CHAPTER 30)

Adoption Date: March 13, 2013

Effective Date: May 22, 2013

The following table lists the specific provisions of the attached regulations that will be 

used to implement the State Implementation Plan (SIP). A copy of the actual 

regulations submitted for approval and incorporation by reference into the Virginia SIP 

are included in Enclosure 2.

CHAPTER 30 AMBIENT AIR QUALITY STANDARDS

9VAC5-30-15 Reference conditions (modified)

9VAC5-30-67 Particulate matter (PM2.5) (added)

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COMMONWEALTH OF VIRGINIA PAGE 1 of 2

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-30)

9VAC5 CHAPTER 30.

AMBIENT AIR QUALITY STANDARDS.

9VAC5-30-15. Reference conditions.

All measurements of air quality that are expressed as mass per unit volume 

(e.g., micrograms per cubic meter) other than for the particulate matter (PM2.5) 

standards contained in 9VAC5-30-65 and, 9VAC5-30-66 and 9VAC5-30-67, and lead 

standards contained in 9VAC5-30-80 shall be corrected to a reference temperature of 

25 degrees Centigrade and a reference pressure of 760 millimeters of mercury (1,013.2 

millibars). Measurements of PM2.5 for purposes of comparison to the standards 

contained in 9VAC5-30-65 and , and 9VAC5-30-66 and 9VAC5-30-67, and of lead for 

purposes of comparison to the standards contained in 9VAC5-30-80 shall be reported 

based on actual ambient air volume measured at the actual ambient temperature and 

pressure at the monitoring site during the measurement period.

9VAC5-30-67. Particulate matter (PM2.5).

A. The primary ambient air quality standards for particulate matter are:

1. 12.0 micrograms per cubic meter, annual arithmetic mean 

concentration.

2. 35 micrograms per cubic meter, 24-hour average concentration.

B. The secondary ambient air quality standards for particulate matter are:

1. 15.0 micrograms per cubic meter annual arithmetic mean

concentration.

2. 35 micrograms per cubic meter 24-hour average concentration.

C. Particulate matter shall be measured in the ambient air as PM2.5 (particles 

with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) by the 

reference method based on Appendix L of 40 CFR Part 50, or other method designated 

as such, or by equivalent method.

D. The annual primary PM2.5 standard is met when the annual arithmetic mean 

concentration, as determined in accordance with Appendix N of 40 CFR Part 50, is less 

than or equal to 12.0 micrograms per cubic meter.

E. The annual secondary PM2.5 standard is met when the annual arithmetic 
COMMONWEALTH OF VIRGINIA PAGE 2 of 2

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-30)

mean concentration, as determined in accordance with Appendix N of 40 CFR Part 50, 

is less than or equal to 15.0 micrograms per cubic meter.

F. The 24-hour primary and secondary PM2.5 standards are met when the 98th 

percentile 24-hour concentration, as determined in accordance with Appendix N of 40 

CFR Part 50, is less than or equal to 35 micrograms per cubic meter.

G. The PM2.5 standards set forth in this section were established by EPA on 

January 15, 2013 (78 FR 3086) and became effective in the Commonwealth on March 

13, 2013 by adoption by the board. The PM2.5 standards set forth in this section shall 

apply for purposes of the following:

1. Control strategy implementation plan revisions, maintenance plans, and 

associated emissions budgets relative to the PM2.5 standards in this section.

2. Designation of nonattainment areas and maintenance areas relative to 

the PM2.5 standards in this section.

3. Implementation of the new source review programs set forth in Part II 

(9VAC5-80-50 et seq.) of 9VAC5-80 (Permits for Stationary Sources).

Nothing in this section shall prevent the redesignation of any nonattainment area to 

attainment at any time.

REG\VAC\300

REG\DEV\B13-REG-FIN
ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the 

following information regarding public participation activities and compliance with state 

administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

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

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

Virginia State Implementation Plan was held from June 17 to July 17, 2013.

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

the public comment period in the Virginia Register of Regulations, along with the 

location of the proposal for public inspection, on June 17, 2013. The notice included 

procedures to afford the public the opportunity to request that a hearing be held 

pursuant to 40 CFR 51.102(a); no such request was received. The attached copy of the 

notice provides the evidence required by Section 2.1(f) of Appendix V of 40 CFR Part 

51. 

The Regional Administrator for the U.S. Environmental Protection Agency was notified 

of the public comment period, as was each local air pollution control agency which will 

be significantly affected by the revision and is located in the affected Air Quality Control 

Regions. In addition, the District of Columbia, Maryland and Tennessee, which share

affected interstate Air Quality Control Regions with Virginia, were notified of the public 

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

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

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

A true copy of the official regulation (Revision B13) which was published in the Virginia 

Register of Regulations on April 22, 2013 after being duly adopted by the State Air 

Pollution Control Board on March 13, 2013, certified by the Office of the Attorney 

General as within the Board’s statutory authority on March 20, 2013 and thus fully 

enforceable under Virginia law, and submitted to the Virginia Registrar on behalf of the 

Board by the Department of Environmental Quality as a true and accurate copy of the 

duly adopted regulation on March 20, 2013. As required by Section 2.1(d) of Appendix 

V of 40 CFR Part 51, a copy of the actual regulation submitted for approval and 

incorporation by reference into the Commonwealth of Virginia State Implementation 

Plan is attached, along with the effective date of May 22, 2013.

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GENERAL NOTICES/ERRATA

Volume 29, Issue 21 Virginia Register of Regulations June 17, 2013

2628

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision -

Ambient Air Quality Standards

Notice of action: The Department of Environmental Quality 

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

proposed revision to the Commonwealth of Virginia State 

Implementation Plan (SIP). The SIP is a plan developed by 

the Commonwealth in order to fulfill its responsibilities under 

the federal Clean Air Act to attain and maintain the ambient 

air quality standards promulgated by the U.S. Environmental 

Protection Agency (EPA) under the Act. The Commonwealth 

intends to submit the regulation to the EPA as a revision to 

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

federal Clean Air Act.

Regulations affected: The regulation of the board affected by 

this action is 9VAC5-30, Ambient Air Quality Standards 

(Rev. B13).

Purpose of notice: DEQ is seeking comment on the issue of 

whether the regulation amendments should be submitted as a 

revision to the SIP.

Public comment period: June 17, 2013, to July 17, 2013.

Public hearing: A public hearing may be conducted if a 

request is made in writing to the contact listed below. In order 

to be considered, the request must include the full name, 

address, and telephone number of the person requesting the 

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

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

requested public hearing will be announced in a separate 

notice, and another 30-day comment period will be 

conducted.

Public comment stage: The regulation amendments are 

exempt from the state administrative procedures for adoption 

of regulations contained in Article 2 (§ 2.2-4006 et seq.) of 

the Administrative Process Act by the provisions of § 2.2-

4006 A 4 c of the Administrative Process Act because they 

are necessary to meet the requirements of the federal Clean 

Air Act and do not differ materially from the pertinent EPA 

regulations. Since the amendments are exempt from 

administrative procedures for the adoption of regulations, 

DEQ is accepting comment only on the issue cited above 

under "purpose of notice" and not on the content of the 

regulation amendments.

Description of proposal: The proposed revision will consist of 

amendments to an existing regulation concerning ambient air 

quality standards. On January 15, 2013 (78 FR 3086), EPA 

revised the National Ambient Air Quality Standard (NAAQS) 

for fine particulate (PM2.5). The annual arithmetic mean 

concentration has been set at 12 μg/m3, and the standard for 

the 24-hour concentration is being retained at 35 μg/m3. 

9VAC5-30 contains the specific criteria pollutant standards 

set out in 40 CFR Part 50. Therefore, this chapter is the action 

effectively implementing the EPA requirements and must be 

revised accordingly.

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations 

(40 CFR 51.102) and not any provision of state law. The 

proposal will be submitted as a revision to the 

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

Clean Air Act in accordance with 40 CFR 51.104. DEQ plans 

to submit all provisions of the proposal as a revision to the 

SIP.

How to comment: DEQ accepts written comments by email, 

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

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

the person commenting and be received by DEQ by the last 

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

the public record.

To review regulation documents: The proposal and any 

supporting documents are available on the DEQ Air Public 

Notices for Plans website: 

http://www.deq.state.va.us/Programs/Air/PublicNotices/airpla

nsandprograms.aspx. The documents may also be obtained by 

contacting the DEQ representative named below. The public 

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

of each business day until the close of the public comment 

period at the following DEQ locations: 

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

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

2) Southwest Regional Office, 355-A Deadmore Street, 

Abingdon, VA, telephone (276) 676-4800, 

3) Blue Ridge Regional Office, Roanoke Location, 

3019 Peters Creek Road, Roanoke, VA, telephone (540) 

562-6700, 

4) Blue Ridge Regional Office, Lynchburg Location, 

7705 Timberlake Road, Lynchburg, VA, telephone (804) 

582-5120, 

5) Valley Regional Office, 4411 Early Road, Harrisonburg, 

VA, telephone (540) 574-7800, 

6) Piedmont Regional Office, 4949-A Cox Road, Glen 

Allen, VA, telephone (804) 527-5020, 

7) Northern Regional Office, 13901 Crown Court, 

Woodbridge, VA, telephone (703) 583-3800, and 

8) Tidewater Regional Office, 5636 Southern Boulevard, 

Virginia Beach, VA, telephone (757) 518-2000.

Contact Information: Karen G. Sabasteanski, Department of 

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

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

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

karen.sabasteanski@deq.virginia.gov.
Regulations

Volume 29, Issue 17 Virginia Register of Regulations April 22, 2013

2154

2. Identification of the name searched.

3. The through date as of the date and time the report was 

generated.

4. For an organization, the name as it appears after 

application of the standardized search logic.

5. Identification of each unlapsed initial financing 

statement or all initial financing statements filed on or 

prior to the report date and time corresponding to the 

search criteria, by name of debtor, by file number, and by 

file date and file time.

6. For each initial financing statement on the report, a 

listing of all related UCC records filed by the filing officer

office on or prior to the report date.

7. Copies of all UCC records revealed by the search and 

requested by the requestor.

F. The filing office may provide access to the searchable 

index via the Internet that produces search results beyond 

exact name matches. Search results obtained via the Internet 

shall not constitute an official search and will not be certified 

by the filing office.

NOTICE: The following forms used in administering the 

regulation were filed by the agency. The forms are not being 

published; however, online users of this issue of the Virginia 

Register of Regulations may click on the name to access a 

form. The forms are also available from the agency contact or 

may be viewed at the Office of the Registrar of Regulations, 

General Assembly Building, 2nd Floor, Richmond, Virginia 

23219.

FORMS (5VAC5-30)

UCC Financing Statement, Form UCC1, (rev. 5/02).

UCC Financing Statement Addendum, Form UCC1Ad, (rev. 

5/09).

UCC Financing Statement Additional Party, Form 

UCC1AP, (rev. 5/02).

UCC Financing Statement Amendment, Form UCC3, (rev. 

5/02).

UCC Financing Statement Amendment Addendum, Form 

UCC3Ad, (rev. 7/98).

UCC Financing Statement Amendment Additional Party, 

Form UCC3AP, (rev. 5/02).

UCC Information Statement of Claim, Form UCC5, (rev. 

5/09).

National UCC Information Request, Form UCC11, (rev. 

5/09).

UCC Financing Statement, Form UCC1 (rev. 4/11).

UCC Financing Statement Addendum, Form UCC1Ad (rev. 

4/11).

UCC Financing Statement Additional Party, Form UCC1AP 

(rev. 8/11).

UCC Financing Statement Amendment, Form UCC3 (rev. 

4/11).

UCC Financing Statement Amendment Addendum, Form 

UCC3Ad (rev. 4/11).

UCC Financing Statement Amendment Additional Party, 

Form UCC3AP (rev. 8/11).

UCC Information Statement, Form UCC5 (rev. 7/12).

UCC Information Request, Form UCC11 (rev. 7/12).

VA.R. Doc. No. R13-3633; Filed April 2, 2013, 5:10 p.m. 

 –––––––––––––––––– 

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is 

exempt from the Administrative Process Act in accordance 

with § 2.2-4006 A 4 c of the Code of Virginia, which 

excludes regulations that are necessary to meet the 

requirements of federal law or regulations, provided such 

regulations do not differ materially from those required by 

federal law or regulation. The State Air Pollution Control 

Board will receive, consider, and respond to petitions by any 

interested person at any time with respect to reconsideration 

or revision.

Title of Regulation: 9VAC5-30. Ambient Air Quality 

Standards (Rev. B13) (amending 9VAC5-30-15; adding 

9VAC5-30-67). 

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

§§ 108, 109, and 302 of the federal Clean Air Act; 40 CFR 

Parts 50, 53, and 58.

Effective Date: May 22, 2013. 

Agency Contact: Mary E. Major, Department of 

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

Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 

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

mary.major@deq.virginia.gov.

Summary:

This regulatory action revises the National Ambient Air 

Quality Standard (NAAQS) for PM2.5 (particles in the 

ambient air with an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers). Under this revision, 

the annual arithmetic mean concentration has been set at 

12 μg/m3, and the standard for the 24-hour concentration 

is being retained at 35 μg/m3. By containing the specific 

criteria pollutant standards set out in 40 CFR Part 50, this 

chapter effectively implements the current Environmental 

Protection Agency requirements.
Regulations

Volume 29, Issue 17 Virginia Register of Regulations April 22, 2013

2155

9VAC5-30-15. Reference conditions.

All measurements of air quality that are expressed as mass 

per unit volume (e.g., micrograms per cubic meter) other than 

for the particulate matter (PM2.5) standards contained in 

9VAC5-30-65 and, 9VAC5-30-66, and 9VAC5-30-67, and 

lead standards contained in 9VAC5-30-80 shall be corrected 

to a reference temperature of 25°C and a reference pressure of 

760 millimeters of mercury (1,013.2 millibars). 

Measurements of PM2.5 for purposes of comparison to the 

standards contained in 9VAC5-30-65 and, 9VAC5-30-66, and 

9VAC5-30-67 and of lead for purposes of comparison to the 

standards contained in 9VAC5-30-80 shall be reported based 

on actual ambient air volume measured at the actual ambient 

temperature and pressure at the monitoring site during the 

measurement period.

9VAC5-30-67. Particulate matter (PM2.5).

A. The primary ambient air quality standards for particulate 

matter are:

1. 12.0 micrograms per cubic meter, annual arithmetic 

mean concentration.

2. 35 micrograms per cubic meter, 24-hour average 

concentration.

B. The secondary ambient air quality standards for 

particulate matter are:

1. 15.0 micrograms per cubic meter annual arithmetic 

mean concentration.

2. 35 micrograms per cubic meter 24-hour average 

concentration.

C. Particulate matter shall be measured in the ambient air as 

PM2.5 (particles with an aerodynamic diameter less than or 

equal to a nominal 2.5 micrometers) by the reference method 

based on Appendix L of 40 CFR Part 50, or other method 

designated as such, or by equivalent method.

D. The annual primary PM2.5 standard is met when the 

annual arithmetic mean concentration, as determined in 

accordance with Appendix N of 40 CFR Part 50, is less than 

or equal to 12.0 micrograms per cubic meter.

E. The annual secondary PM2.5 standard is met when the 

annual arithmetic mean concentration, as determined in 

accordance with Appendix N of 40 CFR Part 50, is less than 

or equal to 15.0 micrograms per cubic meter.

F. The 24-hour primary and secondary PM2.5 standards are 

met when the 98th percentile 24-hour concentration, as 

determined in accordance with Appendix N of 40 CFR Part 

50, is less than or equal to 35 micrograms per cubic meter.

G. The PM2.5 standards set forth in this section were 

established by EPA on January 15, 2013 (78 FR 3086), and 

became effective in the Commonwealth on March 13, 2013, 

by adoption by the board. The PM2.5 standards set forth in this 

section shall apply for purposes of the following:

1. Control strategy implementation plan revisions, 

maintenance plans, and associated emissions budgets 

relative to the PM2.5 standards in this section.

2. Designation of nonattainment areas and maintenance 

areas relative to the PM2.5 standards in this section.

3. Implementation of the new source review programs set 

forth in Part II (9VAC5-80-50 et seq.) of 9VAC5-80 

(Permits for Stationary Sources).

Nothing in this section shall prevent the redesignation of any 

nonattainment area to attainment at any time.

VA.R. Doc. No. R13-3550; Filed March 20, 2013, 2:42 p.m. 

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is 

exempt from the Administrative Process Act in accordance 

with § 2.2-4006 A 4 c of the Code of Virginia, which 

excludes regulations that are necessary to meet the 

requirements of federal law or regulations, provided such 

regulations do not differ materially from those required by 

federal law or regulation. The State Air Pollution Control 

Board will receive, consider, and respond to petitions by any 

interested person at any time with respect to reconsideration 

or revision.

Title of Regulation: 9VAC5-80. Permits for Stationary 

Sources (Rev. A13) (amending 9VAC5-80-1615). 

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

federal Clean Air Act (§§ 110, 112, 165, 173, 182, and Title 

V); 40 CFR Parts 51, 61, 63, 70, and 72.

Effective Date: May 22, 2013. 

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.

Summary:

On October 25, 2012 (77 FR 65107), the U.S. 

Environmental Protection Agency (EPA) promulgated final 

amendments revising the new source review (NSR) 

permitting program for prevention of significant 

deterioration (PSD) areas. The amendments revise the 

definition of "regulated NSR pollutant" to remove the term 

"particulate matter (PM) emissions" from the requirement 

to include the condensable particulate matter fraction. 

EPA has determined that only PM10 and PM2.5 may include 

condensable PM unless a specific new source performance 

standard (NSPS) or applicable implementation plan 

otherwise requires the condensable portion to be included. 

The State Air Pollution Control Board administers the NSR 

program under an approved state implementation plan 

(SIP); therefore, the board has amended the regulation to 

reflect the federal rule revisions.
ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

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

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division.

The state did not receive comments on this particular revision. 

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