Douglas W. Domenech Secretary of Nat ural Resources 

# COMMONWEALTH of VIRGINIA

DEPARTMENT OF ENVIRONMENTAL QUALITY
Street address: 629 East Main Street, Richmond, Vi r ginia 232 1 9

Mailing address: P.O. Box 1105, Richmond, Virginia 23218 TDD (804) 698-4021 www.deq.virginia.gov



# JUL 

# 2 6 2 0 13

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

TEMPLA TES\SJP-REG\REGOO SIP\NONA TIN PLANS\2013\B 13-SIP.DOC

EncJosures

### ENCLOSURE 1

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

PROVISIONS AFFECTED REVISION B1 3 CONCERNING

AMBIENT AIR QUALITY STANDARDS (9VAC5 CHAPTER 3 0 )

Adoption Date: March 13, 2013

Effective Date: May 22 , 201 3

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 regulation s submitted for approval and incorporatio n 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

- 6 7 Particulate matter ( PM 2.5 

### ) (added)

TEMPLATES \ SIP

- REG \ REG01 SIP \ NONATTN PLANS \ 2013 \ B13

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 2 STATE AIR POLLUTION CONTROL BOARD

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

- 3 0)



### 9VAC5 CHAPTER 3 0. AMBIEN T 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 (PM 2.5 

### ) standards co ntained 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). Measurem ents of PM 2.5 

### 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

- 6 7 . Particulate matter (PM 2.5 

### ).

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

1. 12.0 micrograms per cub ic 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 PM 2.5 

### (particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) by the refere nce method based on Appendix L of 40 CFR Part 50, or other method designated as such, or by equivalent method.

D . The annual primary PM 2.5 

### standard is met when the annual arithmetic mean concentration, as determined in accordance with Appendix N of 40 CF R Part 50, is less than or equal to 12.0 micrograms per cubic meter.

E. The annual secondary PM 2.5 

### standard is met when the annual arithmeticCOMMONWEALTH OF VIRGINIA PAGE 2 of 2 STATE AIR POLLUTION CONTROL BOARD

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

- 3 0)


### 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 PM 2.5 

### 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 met er.

G . The PM 2.5 

### standards set forth in this section were established by EPA on January 1 5

, 2013 ( 78 FR 3 086 ) and became effective in the Commonwealth on March 13 , 20 13 by adoption by the board. The PM 2.5 

### standards set forth in this section shall apply f or purposes of the following:

1. Control strategy implementation plan revisions, maintenance plans, and associated emissions budgets relative to the PM 2.5 

### standards in this section.

2. Designation of nonattainment areas and maintenance areas relative to the PM 2.5 

### 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 nonatta inment 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 comment s concerning a propose d revision to the Commonwealth of Virginia State Implementation Plan was held from June 17 to July 1 7 , 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 Regu lations , along with the location of the proposal for public inspection, on June 17 , 201 3

. 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 pollu tion 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.

TEMPLATES \ SIP

- REG \ REG02

- P C SIP \ NONATTN PLNS \ 2013 \ B 1 3

- SIP

- 2.DOC

# 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 revis ion 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 promulgat ed 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: Th e 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 commen t 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 th e 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 Adm inistrative 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 reg ulations, 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 a mbient air quality standards. On January 15, 2013 (78 FR 3086), EPA revised the National Ambient Air Quality Standard (NAAQS) for fine particulate (PM 2.5 ). The annual arithmetic mean concentration has been set at 12 μg/m 3 , and the standard for the 24

- hour concentration is being retained at 35 μg/m 3

. 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 § 11 0(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, comment s 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

su pporting 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 publi c 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 i nitial 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 searchab le 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 administe ring 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. 5/0 2). UCC Information Statement of Claim, Form UCC5, (rev. 5/09). National UCC Information Request, Form UCC11, (rev. 5/09).

UCC Financin g 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 Finan cing 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. EN VIRONMENT

ST ATE 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; ad ding 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 PM 2.5 (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 bei ng 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 A pril 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 (PM 2.5 ) 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 PM 2.5 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. Parti culate matter (PM 2.5 ). 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 ambi ent 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 PM 2 .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 PM 2.5 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 PM 2.5 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 PM 2.5 standards are met when the 9 8th 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 PM 2.5 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 PM 2.5 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 PM 2.5 standards in this section. 2. Designation of nonattainment areas and maintenance areas relative to the PM 2.5 standards in this section. 3. Implementation of the new source review programs set forth in Par t 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 regulat ions, 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 reconside ration 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 revi sing 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 in clude the condensable particulate matter fraction. EPA has determined that only PM 10 and PM 2.5 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

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

.

The state did not receive comments on this particular revision.

TEMPLATES \ SIP

- REG \ REG03 SIP \ NONATTN PLANS \ 2013 \ B 1 3

- SIP

- 3.DOC