ENCLOSURE 1

COMMONWEALTH OF VIRGINIA STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROLAND ABATEMENT OF AIR POLLUTION PROVISIONS AFFECTED REVISION F07 CONCERNING OPACITY SOURCE SURVEILLANCE METHODS (9 VAC 5 CHAPTERS 40 AND 50) Adoption Date: October 10, 2007 Effective Date: December 12, 2007

The following table lists the specific provisions ofthe attached regulations that will be used to implementthe State Implementation Plan (SIP). A copy ofthe actual regulation submitted for approval and incorporation by reference into the Virginia SIP is included in Enclosure 2.

CHAPTER 40 EXISTING STATIONARY SOURCES PART I Special Provisions 9 VAC 5-40-20 Compliance (modified) CHAPTER 50 NEWAND MODIFIED STATIONARY SOURCES PART I Special Provisions 9 VAC 5-50-20 Compliance (modified)

TEMPLATES\SIP-REG\REGO1 SIP\MISC\F07-SIP-1 .DOCCOMMONWEALTH OFVIRGINIA PAGE 1 of 15 STATEAIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROLAND ABATEMENT OFAIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50) 9 VAC 5 CHAPTER 40. EXISTING STATIONARY SOURCES. PART I. Special Provisions. 9 VAC 5-40-20. Compliance. A. Ninety days afterthe effective date ofany emission standard prescribed under this chapter, no owner or other person shall operate any existing source in violation of such standard. 1. Compliance with standards in this chapter, otherthan opacity standards, shall be determined by emission tests established by 9 VAC 5-40-30, unless specified otherwise in the applicable standard. 2. Compliance with federal requirements in this chapter may be determined by alternative or equivalent methods only ifapproved bythe administrator. Forpurposes ofthis subsection, federal requirements consist ofthe following:

a. New source performance standards established pursuantto 

## § 111 ofthe federal Clean AirAct. b. 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.

c. Limitations and conditions that are part ofan implementation plan. d. Limitations and conditions that are part ofa 

## § 111(d) or

## § 111(d)1129 plan.

e. Limitations and conditions that are part ofa federal construction permit issued under40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51. f. Limitations and conditions that are part ofan operating permit issued pursuantto a program approved by EPA into an implementation plan as meeting EPA’s minimum criteria forfederal enforceability, including adequate notice and opportunityfor EPA and public comment priorto issuance ofthe final permit and practicable enforceability. 3. Compliance with opacity standards in this chapter shall rny beCOMMONWEALTH OFVIRGINIA PAGE 2 of 15 STATEAIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OFAIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50) determined by one or more ofthe following means:

a. Conducting observations 

### in accordance with Reference Method 9 or any alternative method approved by EPA. For purposes ofdetermining initial compliance, the minimum total time ofobservations shall be three hours (30 six-minute averages) forthe emission test or other set ofobservations (meaning those fugitive-type emission sources subject only to an opacity standard). Opacity readings of portions ofplumes which contain condensed, uncombined watervapor shall not be used for purposes ofdetermining compliance with opacity standards. b. Evaluation ofdata resulting from use ofcontinuous monitoring by transmissometer, provided the instrument used meets Performance Specification 1 in Appendix B of40 CFR Part 60 and has been properly maintained and that the resulting data have not been altered in any way.

c. Use ofany other method approved by EPA. 4. The opacity standards prescribed underthis chapter shall apply at all times except during periods ofstartup, shutdown, malfunction, and as otherwise provided 

### in the applicable standard. This exception shall not apply to the following federal requirements:

a. Limitations and conditions that are part ofan implementation plan. b. Limitations and conditions that are part ofa federal construction permit issued under40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51.

c. Limitations and conditions that are part ofan operating permit issued pursuant to a program approved by EPA into an implementation plan as meeting EPA’s minimum criteria forfederal enforceability, including adequate notice and opportunity for EPA and public comment priorto issuance ofthe final permit and practicable enforceability. B. No owner ofan existing source subject to the provisions ofthis chapter shall fail to conduct emission tests as required underthis chapter. C. No owner ofan existing source subjectto the provisions ofthis chapter shall fail to install, calibrate, maintain and operate equipmentforcontinuously monitoring and recording emissions or process parameters or both as required underthis chapter. D. No owner ofan existing source subject to, the provisions ofthis chapter shall fail to provide notifications and reports, revise reports, maintain records or reportCOMMONWEALTH OFVIRGINIA PAGE 3 of 15 STATEAIR POLLUTION CONTROL BOARD REGULATIONS FORTHE CONTROLANDABATEMENT OFAIR POLLUTION (9VAC 5 CHAPTERS 40 and 50) emission test or monitoring results as required underthis chapter. E. At all times, including periods ofstartup, shutdown, soot blowing and malfunction, owners shall, to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistentwith air pollution control practices for minimizing emissions. Determination ofwhether acceptable operating and maintenance procedures are being used will be based on information available to the board, which may include, but is not limited to, monitoring results, opacity observations, review ofoperating and maintenance procedures, and inspection ofthe source. F. At all times the disposal ofvolatile organic compounds shall be accomplished by taking measures, to the extent practicable, consistentwith airpollution control practices for minimizing emissions. Volatile organic compounds shall not be intentionally spilled, discarded in sewers which are not connected to a treatment plant, or stored in open containers or handled in any other mannerthat would result in evaporation beyond that consistent with air pollution control practices for minimizing emissions. G. The following provisions apply with respectto demonstrating compliance with opacity standards. 1. Forthe purpose ofdemonstrating initial compliance, opacity observations shall be conducted concurrently with the initial emission test unless one of the following conditions apply.

a. Ifno emission test is required, then opacity observations shall be conducted within 60 days after achieving the maximum production rate atwhich the affected facility will be operated but no laterthan 180 days afterthe compliance date. b. Ifvisibility or other conditions prevent the opacity observations from being conducted concurrently with the initial emission test, the owner shall reschedule the opacity observations as soon afterthe initial emission test as possible, but not laterthan 30 days thereafter, and shall advise the board ofthe rescheduled date. In these cases, the 30-day prior notification to the board required by 9 VAC 5-40- 50 A 3 shall be waived. The rescheduled opacity observations shall be conducted (to the extent possible) underthe same operating conditions that existed during the initial emission test. The visible emissions observer shall determine whethervisibility or other conditions preventthe opacity observations from being made concurrently with the initial emission test in accordance with procedures contained in Reference Method 9. Opacity readings ofportions ofplumes which contain condensed, uncombined water vapor shall not be used for purposes ofdetermining compliance with opacity standards. The owner ofan affected facility shall make available, upon requestby theCOMMONWEALTH OF VIRGINIA PAGE40f 15 STATEAIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50) board, such records as may be necessary to determine the conditions underwhich the visual observations were made and shall provide evidence indicating proofofcurrent visible observer emission certification. The results ofcontinuous monitoring by transmissometerwhich indicate thatthe opacity atthe time visual observations were made was not in excess ofthe standard are probative but not conclusive evidence of the actual opacity ofan emission, provided the source meets the burden ofproving that the instrument used meets (atthe time ofthe alleged violation) Performance Specification 1 in Appendix B of40 CFR Part 60 and has been properly maintained and (at the time ofthe alleged violation) thatthe resulting data have not been altered in any way. 2. Except as provided in subdivision 3 ofthis subsection, the owner ofan affected facility to which an opacity standard in this chapter applies shall conduct opacity observations in accordance with subsection A 3 ofthis section, shall record the opacity ofemissions, and shall reportto the board the opacity results along with the results ofthe initial emission test. The inability ofan ownerto secure a visible emissions observer shall not be considered a reason for not conducting the opacity observations concurrentwith the initial emission test. 3. The owner ofan affected facility to which an opacity standard in this chapter applies may requestthe board to determine and to record the opacity of emissions from the affected facility during the initial emission test and at such times as may be required. The owner ofthe affected facility shall reportthe opacity results. Any requestto the board to determine and to record the opacity ofemissions from an affected facility shall be included in the notification required in 9 VAC 5-40-50 A 3. If, for some reason, the board cannot determine and record the opacity ofemissions from the affected facility during the emission test, then the provisions ofsubdivision I ofthis subsection shall apply. 4. An owner ofan affected facility using a continuous opacity monitor (transmissometer) shall record the monitoring data produced during the initial emission test and shall furnish the board a written report ofthe monitoring results along with the Reference Method 9 and initial emission test results. H. The following provisions apply with respect to new or more stringentemission standards. 1. The following provisions apply with respectto emission standards for volatile organic compounds.

a. In the case ofany emission standard forvolatile organic compounds adopted by the board which is more stringentthan the emission standard forthe source in effect priorto such adoption, 

### ifany, orwhere there was no emission standard, the source shall not be considered 

### in violation ofthe newly adopted emissionCOMMONWEALTH OFVIRGINIA PAGE 5 of 15 STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50) standard provided that the owner accomplishes the following: (1) Complies with the emission standard as expeditiously as possible but in no case laterthan one year afterthe effective date ofthe emission standard. (2) Within one month ofachieving compliance, notifies the board ofsame. (3) Within six months ofachieving compliance, demonstrates to the satisfaction ofthe board compliance with the emission standard. b. The reprieve provided by subdivision 1 a ofthis subsection shall only apply in cases where it is necessary forthe ownerto: (1) Install emission control equipment or other equipment that alters the facility in orderto comply with the emission standard; or (2) Switch fuel or raw materials or both in orderto comply with the emission standard.

c. Owners ofsources not in compliance with the newly adopted emission standard, but in compliance with the provisions ofsubdivision I a ofthis subsection shall not be subjectto any penalties forviolation ofthe newly adopted emission standard that may be required by the Virginia Air Pollution Control Law. d. Any reprieve from the sanctions ofany provision ofthe Virginia Air Pollution Control Law pursuant to subdivision 1 a ofthis subsection shall not extend beyond the date by which compliance is to be achieved.

- e. Nothing in subdivision I a ofthis subsection shall prevent the board from promulgating a separate compliance schedule for any source ifthe board finds that it is technologically infeasible or it is infeasible due to the nonavailability of necessary equipment or materials or other circumstances beyond the owner’s control forthe source to achieve compliance within one year ofthe effective date ofan emission standard. f. All compliance schedules proposed orprescribed underthis section shall provide forcompliance with the applicable emission standards as expeditiously as practicable. g. Any compliance schedule approved underthis subsection may be revoked at any time ifthe source owner does not meetthe stipulated increments of progress, and ifthe failure to meet an increment is likely to result in failure to meettheCOMMONWEALTH OF VIRGINIA PAGE 6 of 15 STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50) date forfinal compliance, and the failure to meetthe increment is due to causes within the owner’s control. 2. The following provisions apply with respectto emission standards for pollutants otherthan volatile organic compounds.

a. In the case ofany emission standard adopted by the board which is more stringentthan the emission standard forthe source in effect priorto such adoption, ifany, orwhere there was no emission standard, the source shall not be considered in violation ofthe newly adopted emission standard provided that the owner accomplishes the following:(1) Submits in a form and manner satisfactory to the board, a control program showing how compliance shall be achieved within the time frame in the applicable compliance schedule prescribed under 9 VAC 5-40-21; or, where no applicable compliance schedule is prescribed under 9 VAC 5-40-21, how compliance shall be achieved as expeditiously as possible; but in no case laterthan three years afterthe effective date ofsuch emission standard. (2) Receives approval ofthe board ofsuch control program. (3) Complies with all provisions, terms and conditions ofthe control program including the increments ofprogress. b. The reprieve provided by subdivision 2 a ofthis subsection shall only apply 

### in cases where it is necessary forthe ownerto: (1) Install emission control equipment or otherequipment that alters the facility in orderto comply with the emission standard; or (2) Switch fuel or raw materials orboth in orderto comply with the emission standard.

c. Owners ofsources not in compliance with the newly adopted emission standard, but in compliance with the provisions ofsubdivision 2 a ofthis subsection shall not be subjectto any penalties for violation ofthe newly adapted emission standard that may be required by the Virginia Air Pollution Control Law. d. Any reprieve from the sanctions ofany provision ofthe Virginia Air Pollution Control Law pursuant to subdivision 2 a ofthis subsection shall not extend beyond the date, specified in the emission standard or approved control program, by which compliance is to be achieved.

e. Control programs submitted underthe provisions ofsubdivisionCOMMONWEALTH OFVIRGINIA PAGE 7 of 15 STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OFAIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50) 2 a ofthis subsection shall be processed in accordance with the provisions of9 VAC 5-20-170. However, ifthe control program contains a compliance schedule which conforms to the applicable schedule prescribed in 9 VAC 5-40-21, the public hearing provision of9 VAC 5-20-170 shall not apply. f. Nothing in this section shall prevent the board from promulgating a separate compliance schedule for any source ifthe board finds thatthe application of a compliance schedule in 9 VAC 5-40-21 is technologically infeasible, or ifthe board finds that the application ofa compliance schedule in 9 VAC 5-40-21 is infeasible due to the nonavailability ofnecessary equipment or materials or other circumstances beyond the owner’s control. g. Nothing in this section shall preventthe ownerofa source subjectto a compliance schedule in 9 VAC 5-40-21 from submitting to the board a proposed alternative compliance schedule provided the following conditions are met: (1) The proposed alternative compliance schedule is submitted within six months ofthe effective date ofthe emission standard; (2) The final control plans for achieving compliance with the applicable emission standard are submitted simultaneously; (3) The alternative compliance schedule contains the same increments ofprogress as the schedule forwhich it is proposed as an alternative; and (4) Sufficientdocumentation is submitted by the owner ofthe source tojustify the alternative dates proposed forthe increments ofprogress. h. All compliance schedules proposed or prescribed underthis section shall provide forcompliance with the applicable emission standards as expeditiously as practicable. i. Any compliance schedule approved underthis subsection may be revoked at any time ifthe source owner does not meetthe stipulated increments of progress, and ifthe failure to meet an increment is likely to result in failure to meetthe date forfinal compliance, and the failure to meetthe increment is due to causes within the owner’s control.

## j. The provisions of9 VAC 5-40-21 shall not apply to owners of sources which are in compliance with the applicable emission standard and forwhich the owners have determined and certified compliance to the satisfaction ofthe board within 12 months ofthe effective date ofthe applicable emission standard. I. The following provisions apply with respectto stack heights.COMMONWEALTH OFVIRGINIA PAGE 8 of 15 STATEAIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROLAND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50)

1. The degree ofemission limitation required ofany source ownerfor control ofany air pollutant shall not be affected in any mannerby:

a. So much ofthe stack height ofany source as exceeds good engineering practice, or b. Any otherdispersion technique. 2. The provisions ofsubdivision I ofthis subsection shall not apply to:

a. Stack heights in existence, or dispersion techniques implemented on or before December 31, 1970, exceptwhere pollutants are being emitted from such stacks or using such dispersion techniques by sources, as defined in 

## § 11 1(a)(3) ofthe federal Clean AirAct, which were constructed, or reconstructed, orfor which major modifications, as defined in Article 8 (9 VAC 5-80-1700 et seq.) and Article 9 (9 VAC 5-80-2000 et seq.) ofPart II of9 VAC 5 Chapter 80, were carried out after December 31, 1970; or b. Coal-fired steam electric generating units subjectto the provisions of

## § 118 ofthe federal Clean AirAct, which commenced operation before July 1, 1957, and whose stacks were constructed under a construction contract awarded before February 8, 1974. 3. Priorto the adoption ofa new or revised emission limitation that is based on a good engineering practice stack heightthat exceeds the height allowed by subdivision I or 2 ofthe GEP definition, the board shall notifythe public ofthe availability ofthe demonstration study and shall provide the opportunity for public hearing on it. 4. For purposes ofthis subsection, such height shall not exceed the height allowed by subdivision 1 or 2 ofthe GEP definition unless the owner demonstrates to the satisfaction ofthe board, after 30 days notice to the public and opportunity forpublic hearing, that a greaterheight is necessary as provided under subdivision 3 ofthe GEP definition. 5. In no event may the board prohibit any increase in any stack height or restrict in any manner the maximum stack height ofany source. 6. Compliance with emission standards in this chapter shall not be affected in any manner by the stack height ofany source or any other dispersion technique. J. Forthe purpose ofsubmitting compliance certifications or establishing whetherCOMMONWEALTH OFVIRGINIA PAGE 9 of 15 STATEAIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROLAND ABATEMENT OFAIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50)

or not a person has violated or is in violation ofany standard in this chapter, nothing in this chapter shall preclude the use, including the exclusive use, ofany credible evidence or information, relevant to whether a source would have been in compliance with applicable requirements ifthe appropriate emission or compliance test or procedure had been performed.COMMONWEALTH OFVIRGINIA PAGE 10 of 15 STATEAIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50) 9VAC5CHAPTER5O. NEWAND MODIFIED STATIONARY SOURCES. PART I. Special Provisions. 9 VAC 5-50-20. Compliance. A. Sixty days after achieving the maximum production rate, but not laterthan 180 days after initial start-up, no owneror other person shall operate any new or modified source in violation ofany standard ofperformance prescribed underthis chapter. I

.Compliance with standards in this chapter, otherthan opacity standards, shall be determined by performance tests established by 9 VAC 5-50-30, unless specified otherwise in the applicable standard. 2. Compliance with federal requirements in this chapter may be determined by alternative orequivalent methods only ifapproved by the administrator. Forpurposes ofthis subsection, federal requirements consist ofthe following:

a. New source performance standards established pursuant to 

## § 111 ofthe federal Clean AirAct. b. All terms and conditions in a federal operating permit, including any provisions that limit a sourc&s potential to emit, unless expressly designated as not federally enforceable.

c. Limitations and conditions that are part ofan implementation plan. d. Limitations and conditions that are part ofa section 111(d) or section 111(d)/129 plan.

e. Limitations and conditions that are part ofa federal construction permit issued under40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51. f. Limitations and conditions that are part ofan operating permit issued pursuantto a program approved by EPA into an implementation plan as meeting EPA’s minimum criteria forfederal enforceability, including adequate notice and opportunity for EPA and public comment priorto issuance ofthe final permit and practicable enforceability. 3. Compliance with opacity standards in this chapter shall

## ny beCOMMONWEALTH OF VIRGINIA PAGE 11 of 15 STATEAIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROLAND ABATEMENT OFAIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50) determined by one or more ofthe following means:

a. Conducting observations in accordance with Reference Method 9 or any alternative method approved by EPA, ifspecified in the permit granted pursuantto 9 VAC 5 Chapter 80 (9 VAC 5-80-10 et seq.). Forpurposes ofdetermining initial compliance, the minimum total time ofobservations shall be three hours (30 six-minute averages) forthe performance test orother set ofobservations (meaning those fugitive-type emission sources subject only to an opacity standard). Opacity readings ofportions ofplumes which contain condensed, uncombined watervapor shall not be used for purposes ofdetermining compliance with opacity standards. b. Evaluation ofdata resulting from use ofcontinuous monitoring by transmissometer, provided the instrument used meets Performance Specification 1 in Appendix B of40 CFR Part 60 and has been properly maintained and thatthe resulting data have not been altered in any way.

c. Use ofany other method approved by EPA. 4. The opacity standards prescribed underthis chapter shall apply at all times except during periods ofstartup, shutdown, malfunction and as otherwise provided in the applicable standard. 5. Variation from a specified standard may be granted by the board for a definite period fortesting and adjustment. B. No owner ofa new or modified source subject to the provisions ofthis chapter shall fail to conduct performance tests as required underthis chapter. C. No owner ofa new or modified source subject to the provisions ofthis chapter shall fail to install, calibrate, maintain and operate equipmentfor continuously monitoring and recording emissions or process parameters or both as required under this chapter. D. No owner ofa new or modified source subjectto the provisions ofthis chapter shall fail to provide notifications and reports, revise reports, maintain records or report performance test or monitoring results as required underthis chapter. E. At all times, including periods ofstartup, shutdown, soot blowing and malfunction, owners shall, to the extent practicable, maintain and operate any affected facility including associated air pollution control equipment in a manner consistentwith air pollution control practices for minimizing emissions. Determination ofwhether acceptable operating and maintenance procedures are being used will be based on information available to the board, which may include, but is not limited to, monitoring results, opacity observations, review ofoperating and maintenance procedures, andCOMMONWEALTH OF VIRGINIA PAGE 12 of 15 STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROLAND ABATEMENT OF AIR POLLUTION (9VAC 5 CHAPTERS 40 and 50) inspection ofthe source. F. At all times the disposal ofvolatile organic compounds shall be accomplished by taking measures, to the extent practicable, consistentwith air pollution control practices for minimizing emissions. Volatile organic compounds shall not be intentionally spilled, discarded in sewers which are not connected to a treatmentplant, or stored in open containers or handled 

### in any othermannerthatwould result in evaporation beyond that consistent with air pollution control practices forminimizing emissions. G. The following provisions apply with respectto compliance with opacity standards. 1. Forthe purpose ofdemonstrating initial compliance, opacity observations shall be conducted concurrently with the initial performance test unless one ofthe following conditions apply.

a. Ifno performance test is required, then opacity observations shall be conducted within 60 days after achieving the maximum production rate at which the affected facility will be operated but no laterthan 180 days after initial startup ofthe facility. b. Ifvisibility or otherconditions preventthe opacity observations from being conducted concurrently with the initial performance test, the owner shall reschedule the opacity observations as soon afterthe initial performance test as possible, but not laterthan 30 days thereafter, and shall advise the board ofthe rescheduled date. In these cases, the 30-day prior notification to the board required by 9 VAC 5-50-50 A 6 shall be waived. The rescheduled opacity observations shall be conducted (to the extent possible) underthe same operating conditions that existed during the initial performance test. The visible emissions observer shall determine whethervisibility or other conditions preventthe opacity observations from being made concurrently with the initial performance test in accordance with procedures contained in Reference Method 9. Opacity readings ofportions ofplumes which contain condensed, uncombined watervapor shall not be used for purposes ofdetermining compliance with opacity standards. The owner ofan affected facility shall make available, upon request by the board, such records as may be necessaryto determine the conditions underwhich the visual observations were made and shall provide evidence indicating proofofcurrent visible observeremission certification. The results ofcontinuous monitoring by transmissometerwhich indicate thatthe opacity atthe time visual observations were made was not in excess ofthe standard are probative but not conclusive evidence of the actual opacity ofan emission, provided the source meets the burden ofproving that the instrument used meets (atthe time ofthe alleged violation) PerformanceCOMMONWEALTH OF VIRGINIA PAGE 13 of 15 STATE AIR POLLUTION CONTROL BOARD REGULATIONS FORTHE CONTROLAND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50) Specification 1 in Appendix B of40 CFR Part 60 and has been properly maintained and (atthe time ofthe alleged violation) that the resulting data have not been altered in any way. 2. Except as provided in subdivision 3 ofthis subsection, the owner ofan affected facility to which an opacity standard in this chapter applies shall conduct opacity observations in accordance with subsection A 3 ofthis section, shall record the opacity ofemissions, and shall reportto the board the opacity results along with the results ofthe initial performance test The inability ofan ownerto secure a visible emissions observer shall not be considered a reason for not conducting the opacity observations concurrentwith the initial performance test. 3. The owner ofan affected facility to which an opacity standard in this chapter applies may request the board to determine and to record the opacity of emissions from the affected facility during the initial performance test and at such times as may be required. The owner ofthe affected facility shall reportthe opacity results. Any requestto the board to determine and to record the opacity ofemissions from an affected facility shall be included in the notification required in 9 VAC 5-50-50 A 6. If, for some reason, the board cannot determine and record the opacity ofemissions from the affected facility during the performance test, then the provisions ofsubdivision 1 of this subsection shall apply. 4. An owner ofan affected facility using a continuous opacity monitor (transmissometer) shall record the monitoring data produced during the initial performance test and shall furnish the board a written report ofthe monitoring results along with the Reference Method 9 and initial performance test results. H.The following provisions apply with respectto stack heights. 1. The degree ofemission limitation required ofany source ownerfor control ofany air pollutant shall not be affected in any mannerby:

a. So much ofthe stack height ofany source as exceeds good engineering practice, or b. Any otherdispersion technique. 2. The provisions ofsubdivision 1 ofthis subsection shall not apply to:

a. Stack heights in existence, ordispersion techniques implemented on or before December 31, 1970, exceptwhere pollutants are being emitted from such stacks or using such dispersion techniques by sources, as defined in 3 111 (a)(3) ofthe federal Clean AirAct, which were constructed, or reconstructed, orfor which major modifications, as defined in Article 8 (9 VAC 5-80-1 700 et seq.) and ArticleCOMMONWEALTH OF VIRGINIA PAGE 14 of 15 STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROLAND ABATEMENT OF AIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50) 9 (9 VAC 5-80-2000 et seq.) of Part II of9 VAC 5 Chapter 80, were carried out after December31, 1970; or b. Coal-fired steam electric generating units subjectto the provisions of 3 118 ofthe federal Clean AirAct, which commenced operation before July 1, 1957, and whose stacks were constructed under a construction contract awarded before February 8, 1974. 3. Priorto the adoption ofa new or revised emission limitation that is based on a good engineering practice stack heightthat exceeds the height allowed by subdivision 1 or 2 ofthe GEP definition, the board shall notifythe public ofthe availability ofthe demonstration study and shall provide opportunityfor public hearing on it. 4. For purposes ofthis subsection, such height shall not exceed the height allowed by subdivision 1 or2 ofthe GEP definition unless the owner demonstrates to the satisfaction ofthe board, after 30 days notice to the public and opportunityforpublic hearing, that a greater height is necessary as provided under subdivision 3 ofthe GEP definition. 5. In no event may the board prohibit any increase in any stack height or restrict in any mannerthe maximum stack height ofany source. 6. Compliance with standards ofperformance in this chapter shall not be affected in any manner by the stack height ofany source or any other dispersion technique. I. Forthe purpose ofsubmitting compliance certifications or establishing whether or not a person has violated or is in violation ofany standard in this chapter, nothing in this chapter shall preclude the use, including the exclusive use, ofany credible evidence or information, relevantto whether a source would have been in compliance with applicable requirements ifthe appropriate performance or compliance test or procedure had been performed.

TEMPLATES\NOIRA\REG-PRO REG\DEV\F07-REG-FIN.DOCCOMMONWEALTH OFVIRGINIA PAGE 15 of 15 STATEAIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OFAIR POLLUTION (9 VAC 5 CHAPTERS 40 and 50)

CERTIFICATION 9 VAC 5 CHAPTERS 40 AND 50, REVISION F07 CONCERNING OPACITY COMPLIANCE DETERMINATION

I certify thatthis regulation 

### is full, true, and correctly dated. (Signature) David K. Paylor, Director Department ofEnvironmental Quality Date: