Douglas W. Domenech 

Secretary of Natural Resources 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Street address: 629 East Main Street, Richmond, Virginia 23219 

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

Fax (804) 698-4500 TDD (804) 698-4021 

www.deq.virginia.gov 

Ms. Diana Esher, Director 

Air Protection Division (3APOO) 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, Pennsylvania 191 03-2029 

David K. Paylor 

Director 

(804) 698-4020 

1-800-592-5482 

Reference: § 110(a)(2) Infrastructure 

Requirements for Lead 

(Revision GS) 

Dear Ms. Esher: 

Pursuant to the requirements of§ 11 0 of the Clean Air Act, we are officially requesting 

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

approved under the authority of§ 10.1-1185 of the Virginia Air Pollution Control Law and 

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

Adoption, and Submittal oflmplementation Plans). 

This revision consists of a demonstration that the Commonwealth has met the 

infrastructure requirements of § 11 0( a )(2) of the federal Clean Air Act for the 2008 national 

ambient air quality standard for lead (Pb ). 

Enclosed are the following: 

1. § 110(a)(2) lead infrastructure demonstration. 

2. Certification of public participation activities. 
3. Public participation record. 

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

exact duplicate of the hard copy. 

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

DKP\kgs 

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SIP\ASSESS:MEN1\GS-SIP.DOC 

Enclosures 
ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

§ 110(a)(2) REQUIREMENTS IN THE 

VIRGINIA STATE IMPLEMENTATION PLAN

FOR THE 2008 Pb NAAQS

A State Implementation Plan (SIP) is a plan for each state that identifies how that state 

will attain and maintain the primary and secondary National Ambient Air Quality 

Standards (NAAQS). The SIP contains regulations, source-specific requirements, nonregulatory items such as plans and inventories, and other types of submittals designed 

to satisfy requirements promulgated by the U.S. Environmental Protection Agency 

(EPA). The initial SIPs for states were approved on May 31, 1972. SIPs may be 

revised by the state with EPA approval. The federally enforceable SIP for the 

Commonwealth of Virginia is compiled in Subpart VV of 40 CFR Part 52.

Section 110(a) of the federal Clean Air Act (CAA) requires that each SIP provide for the 

implementation, maintenance, and enforcement of the NAAQS. This section also 

requires that within three years of the promulgation of a NAAQS, a state must adopt and 

submit such a plan to EPA. These infrastructure SIPs provide assurances of state 

resources and authorities. Where necessary, the infrastructure SIPs establish the basic 

state programs to implement, maintain, and enforce new or revised standards. Often, 

these SIPs simply reaffirm that the appropriate framework exists for any new NAAQS. 

The requirements of § 110(a)(2) of the federal CAA relevant to the 2008 lead (Pb)

NAAQS are already contained in Virginia’s current SIP, have been submitted to EPA, or 

are contained herein.

EPA revised the primary and secondary Pb NAAQS from 1.5 micrograms per cubic 

meter (μg/m3

) to 0.15 μg/m3 on October 15, 2008 (73 FR 66964). The CAA requires 

EPA to complete the initial designation process within two years of promulgating an new 

or revised NAAQS. If the Administrator has insufficient information to make these 

designations, EPA has the authority to extend the designation process by up to one 

year. Virginia submitted a designation recommendation letter to EPA on October 15, 

2009, in which Virginia recommended a designation of unclassifiable for the entire 

Commonwealth. EPA chose to extend the deadline for all of Virginia, as well as other 

areas of the country that were not in violation of the previous 1.5 μg/m3 standard, in 

order to gather data from newly deployed monitors. These final designations were 

published in on November 22, 2011, and the entire Commonwealth of Virginia was 

designated unclassifiable/attainment (76 FR 72097). 

Virginia has based this submittal on EPA’s guidance document entitled, “Guidance on 

Infrastructure State Implementation Plan (SIP) Elements Required Under Sections 

110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards 

(NAAQS)” as well as direction received from EPA Region III. The following describes 

each specific EPA requirement and how each requirement is being met by the 

Commonwealth.
2 

Section 110(a)(2)(A): “Each such plan shall include enforceable emission limitations 

and other control measures, means, or techniques (including economic incentives such 

as fees, marketable permits, and auctions of emissions rights), as well as schedules 

and timetables for compliance, as may be necessary or appropriate to meet the 

applicable requirements of this Act;” 

Virginia’s enforceable emission limitations and other control measures are those 

provisions of the following chapters that have been approved in Virginia’s SIP in 

40 CFR 52.2420(c).

 9VAC5 Chapter 40 (Existing Stationary Sources), 

 9VAC5 Chapter 50 (New and Modified Stationary Sources), 

 9VAC5 Chapter 91 (Motor Vehicle Inspection and Maintenance Program 

for Northern Virginia), 

 9VAC5 Chapter 130 (Open Burning), and 

 9VAC5 Chapter 140 (Emissions Trading) 

Virginia’s SIP conforms to EPA’s policy on startup, shutdown, and malfunction 

(SSM) events, variance provisions, and director’s discretion, as listed in the 

September 20, 1999 memorandum entitled, “State Implementation Plans: Policy 

Regarding Excess Emissions During Malfunctions, Startup, and Shutdown.” The 

following chapters include SSM provisions and have been approved in Virginia’s 

SIP at 40 CFR 52.2420(c).

 9 VAC 5-20-180 (General Provisions-Facility and Control Equipment 

Maintenance or Malfunction)

 9 VAC 5-40-20 (Existing Stationary Sources-Compliance)

 9 VAC 5-50-20 (New and Modified Stationary Sources-Compliance)

Section 110(a)(2)(B): “Each such plan shall provide for establishment and operation of 

appropriate devices, methods, systems, and procedures necessary to – (i) monitor, 

compile, and analyze data on ambient air quality, and (ii) upon request, make such data 

available to the Administrator;”

Virginia maintains and operates a Pb monitoring network to measure ambient 

concentrations within the Commonwealth for comparison to the NAAQS. This 

network meets the requirements listed in “Revisions to Lead Ambient Air 

Monitoring Requirements” (75 FR 81126). Installation of the final required 

monitor, and the commencement of monitoring activities at that site, began in 

October of 2010. All data are measured using EPA approved methods as either 

reference or equivalent monitors; all monitors are subject to the quality 

assurance requirements of 40 CFR Part 58; and all samplers are located at sites 

that have met the minimum siting requirements of Part 58. The data are

submitted to EPA’s Air Quality System (AQS) in accordance with the schedule 

prescribed by 40 CFR Part 58.

Does Not Pertain to This Rulemaking Action
3 

In order to keep EPA informed of changes to the sampling network, Virginia 

provides EPA Region III with prior notification of any planned changes to the 

network. As needed, details of these changes and anticipated approvals of the 

changes are communicated to EPA. On an annual basis, Virginia sends EPA a 

summary of all the changes to the network. This summary provides a description 

of each change, the reason for each change, and any other information relevant 

to the change.

Section 10.1-1306 of the Code of Virginia, Inspections, investigations, etc., 

states: 

The Board shall make, or cause to be made, such investigations 

and inspections and do such other things as are reasonably 

necessary to carry out the provisions of this chapter, within the

limits of the appropriations, study grants, funds, or personnel which 

are available for the purposes of this chapter, including the 

achievement and maintenance of such levels of air quality as will 

protect human health, welfare and safety and to the greatest 

degree practicable prevent injury to plant and animal life and 

property ...

This section of the Code of Virginia supports the development and maintenance 

of an adequate monitoring network to ensure the achievement and maintenance 

of healthy levels of air quality.

Section 110(a)(2)(C): “Each such plan shall include a program to provide for the 

enforcement of the measures described in paragraph (A), and regulation of the 

modification and construction of any stationary source within the areas covered by the 

plan as necessary to assure that national ambient air quality standards are achieved, 

including a permit program as required in parts C and D;”

Enforcement provisions and permit provisions are found in those portions of Part 

V (Enforcement) of 9VAC5 Chapter 170 (General Administration) and 9VAC5 

Chapter 80 (Permits for Stationary Sources) that are listed in 40 CFR 52.2420.

The applicability section for Chapter 170 notes that the provisions of Chapter 

170, unless specified otherwise, shall apply in the administration of all regulations 

of the board to the extent not covered in a specific regulation of the board. In 

cases where the provisions of this chapter conflict with another regulation of the 

board, the provisions of the other regulation shall apply.

Construction and modification of stationary sources are covered under Articles 8 

(Prevention of Significant Deterioration-PSD) and 9 (nonattainment) of Part II of 

9VAC5 Chapter 80 (Permits for Stationary Sources). Article 8 provides that 

Does Not Pertain to This Rulemaking Action
4 

construction and modification of major stationary sources will not cause or 

contribute to a violation of any NAAQS, including the 2008 Pb NAAQS (see 

9VAC5-80-1635, Ambient Air Increments and 9VAC5-80-1645, Ambient Air 

Ceilings). This regulation also requires the application of Best Available Control 

Technology to new or modified sources of Pb emissions (see 9VAC5-80-1705, 

Control Technology Review). Virginia submitted final revisions for the New 

Source Review program to EPA on August 25, 2011. Virginia has a minor new 

source review permitting program under Article 6 of Part II of 9VAC5 Chapter 80. 

Virginia’s PSD program applies to greenhouse gases (GHG) through 9VAC5 

Chapter 85, Permits for Stationary Sources of Pollutants Subject to Regulation 

(Greenhouse Gas Tailoring), which implements EPA’s Tailoring Rule. Other 

aspects for enforcement are found in the source monitoring, source testing and 

test methods, and recordkeeping and reporting provisions of 9VAC5 Chapters 

40, 50, and 140 that are listed in 40 CFR 52.2420.

Section 110(a)(2)(D)(i)(I): “Each such plan shall contain adequate provisions 

prohibiting, consistent with the provisions of this title, any source or other type of 

emissions activity within the State from emitting any air pollution in amounts which will 

(I) contribute significantly to nonattainment in, or interfere with maintenance by, any 

other State with respect to any such national primary or secondary ambient air quality 

standard...”

EPA’s 2008 Pb NAAQS infrastructure guidance notes that an assessment of Pb 

sources and locations may satisfy this requirement of § 110(a)(2)(D). Three 

facilities located in Virginia have actual emissions of more than 0.5 tons per year 

(tpy) of Pb. The map below provides the location of each facility and a two mile 

radius boundary for each facility, denoted by a red circle. The map clearly 

demonstrates that these facilities are more than two miles from any state border. 

Therefore, these facilities will not contribute to nonattainment in another state. 

Figure 1: Map of Virginia with Locations of Pb Emitting Facilities

Does Not Pertain to This Rulemaking Action
5 

Section 110(a)(2)(D)(i)(II): “Each such plan shall contain adequate provisions 

prohibiting, consistent with the provisions of this title, any source or other type of 

emissions activity within the State from emitting any air pollution in amounts which will 

interfere with measures required to be included in the applicable implementation plan 

for any other State under Part C to prevent significant deterioration of air quality or to 

protect visibility”

Major stationary sources for Pb in Virginia are currently subject to nonattainment 

and PSD NSR permitting programs. These provisions to implement Part C may 

be found in Article 8 of 9VAC5 Chapter 80 and in 9VAC5 Chapter 85. 

Significant impacts of Pb from stationary sources are expected to be confined to 

areas near the emitting facility. Most, if not all, Pb stationary sources are located 

at distances from Class I areas such that visibility impacts would be negligible. 

Pb generally comprises a small fraction of course and fine particles so that Pbrelated visibility impacts are insignificant. An EPA memorandum dated 

November 7, 2011, and entitled, “The Estimated Contribution of Ambient Lead 

(Pb) to Class I Area Visibility Impairment” concludes that the Pb-related visibility 

effects are insignificant in Class I areas as compared to those effects associated 

with sulfate, nitrate, and carbon particulate matter. Also, by letter dated October 

4, 2010, Virginia submitted a Regional Haze SIP revision to meet the regulatory 

requirements of 40 CFR Part 51 Subpart P and statutory requirements set forth 

at CAA §§ 169A and 169B. This Regional Haze SIP revision satisfies Virginia's 

obligations regarding § 110(a)(2)(D)(II). Note that EPA has entered into a 

consent decree in which EPA commits to approving Virginia's regional haze plan 

by May 15, 2012.

Section 110(a)(2)(D)(ii): “Each such plan shall contain adequate provisions insuring 

compliance with the applicable requirements of §§ 126 and 115 (relating to interstate 

and international pollution abatement)”

Section 126(a) directs each SIP to include provisions requiring a new or modified 

source to notify neighboring state of potential impacts from that source. Major 

stationary sources of Pb in Virginia are currently subject to PSD NSR permitting 

programs. These provisions to implement Part C may be found in Article 8 of 

9VAC5 Chapter 80 and in 9VAC5 Chapter 85, which have been approved in 

Virginia’s SIP in 40 CFR 52.2420(c). 9VAC5-80-1775 specifically requires 

notification to local air pollution control agencies and any state whose lands may 

be affected by emissions from the source or modification. Virginia is not subject 

to any pending actions or petitions regarding Pb under §§ 115, 126(b), or 126(c).

Section 110(a)(2)(E)(i): “Each such plan shall provide necessary assurances that the 

State (or, except where the Administrator deems inappropriate, the general purpose 

Does Not Pertain to This Rulemaking Action
6 

local government or governments, or a regional agency designated by the State or 

general purpose local governments for such purpose) will have adequate personnel, 

funding, and authority under State (and, as appropriate, local) law to carry out such 

implementation plan (and is not prohibited by any provision of Federal or State Law 

from carrying out such implementation plan or portion thereof).” 

Code of Virginia, Title 10.1, Chapter 13, Air Pollution Control Board, gives broad 

authority to develop, implement, and enforce the implementation plan. Section

10.1-1308 provides the board adequate legal authority to adopt emission 

standards and compliance schedules applicable to regulated entities. This 

section provides authority to adopt emission standards, limitations, and any other 

measures necessary for attainment and maintenance of national standards. 

Sections 10.1-1307, 10.1-1307.3, 10.1-1309, 10.1-1316, 10.1-1320, and 10.1-

1322 provide the board adequate legal authority to enforce applicable laws, 

regulations standards, and compliance schedules. The provisions also allow for 

injunctive relief. In addition, § 10.1-1186.10 provides the department legal 

authority to enforce applicable laws, regulations, standards, and compliance 

schedules.

The resources to carry out the implementation plan are provided through general 

funds, Title V funds, and the §§ 103 and 105 grant process. Title V fees are 

collected under the authority of § 10.1-1322.

Virginia has adequate personnel to carry out the SIP with respect to Pb

requirements. Should EPA determine that Virginia lacks adequate personnel to 

carry out the SIP, EPA may issue a finding with respect to that deficiency. 

Virginia would then have a legal obligation to correct that deficiency.

Section 110(a)(2)(E)(ii): “Each such plan shall provide requirements such that the 

State comply with the requirements respecting State boards under § 128.” 

The board has the authority to approve regulations, enforcement actions, and 

permits. Section 10.1-1302 is as stringent as § 128(a)(1) of the Clean Air Act 

and ensures that at least a majority of the members of the board represent the 

public interest and do not derive any significant portion of their income from 

persons subject to permits or enforcement orders of the board as required by § 

128(a)(1) of the Clean Air Act. In addition, the State or Local Government

Conflict of Interests Act (§ 2.2-3100 et seq.) provides the means for disclosure of 

potential conflicts of interest as required by § 128(a)(2) of the Clean Air Act.

Section 110(a)(2)(E)(iii): “Each such plan shall provide necessary assurances that, 

where the State has relied on a local or regional government, agency, or instrumentality 

Does Not Pertain to This Rulemaking Action Does Not Pertain to This Rulemaking Action
7 

for the implementation of any plan provision, the State has responsibility for ensuring 

adequate implementation of such plan provision;”

9VAC5 Chapter 130, “Regulation for for Open Burning,” allows localities, after 

receiving approval from the State Air Pollution Control Board, to adopt the open 

burning requirements of the regulation (see Part II of 9VAC5-130, “Local 

Ordinances”). For the monitoring program and for this regulatory requirement, 

Virginia continues to provide the oversight necessary to ensure that data is 

collected and reported in accordance with current guidance; that open burning 

regulations are appropriately implemented by localities; and that other 

assurances for adequate implementation exist. Other than monitoring 

requirements and open burning requirements, Virginia does not rely on localities 

to implement SIP provisions.

Section 110(a)(2)(F)(i): “Each such plan shall require, as may be prescribed by the 

Administrator, the installation, maintenance, and replacement of equipment, and the 

implementation of other necessary steps, by owners or operators of stationary sources 

to monitor emissions from such sources;” 

These requirements are included in those provisions of 9VAC5 Chapters 20, 40 

and 50 that are approved in the SIP under 40 CFR 52.2420. 

Section 110(a)(2)(F)(ii): “Each such plan shall require, as may be prescribed by the 

Administrator, periodic reports on the nature and amounts of emissions and emissionsrelated data from such sources;”

Requirements for periodic reports on the nature and amounts of emissions and 

emissions-related data are included in 9VAC5-20-160 (Registration) of 9VAC5 

Chapter 20 (General Provisions). Such data are also required by Part I of 

9VAC5 Chapter 40 (Existing Stationary Sources) as well as Parts I and II of 

9VAC5 Chapter 50 (New and Modified Stationary Sources). These SIP 

provisions are approved under 40 CFR 52.2420.

Section 110(a)(2)(F)(iii): “Each such plan shall require, as may be prescribed by the 

Administrator, correlation of such reports by the State agency with any emission 

limitations or standards established pursuant to this Act, which reports shall be available 

at reasonable times for public inspection;”

The correlation of such reports is included in Part I of 9VAC5 Chapter 40 and 

Part II of 9VAC5 Chapter 50. 9VAC5-170-60 (Availability of information) of Part II 

of 9VAC5 Chapter 170 (Regulation for General Administration) requires that 

these reports be publicly available. These SIP provisions are approved under 40 

CFR 52.2420.

Does Not Pertain to This Rulemaking Action
8 

Section 110(a)(2)(G): “Each such plan shall provide for authority comparable to that in 

§ 303 and adequate contingency plans to implement such authority;” 

Section 10.1-1309 B under Code of Virginia, Title 10.1, Chapter 13, Air Pollution 

Control Board, authorizes the board to declare a state of emergency and issue 

without hearing an emergency special order directing the owner to cease such 

pollution immediately upon finding that any owner is unreasonably affecting the 

public health, safety or welfare; the health of animal or plant life; or property. 

Section 10.1-1309.1 authorizes the board to issue special orders requiring plans 

to abate, control, prevent, remove, or contain any substantial and imminent threat 

to public health or the environment that is reasonably likely to occur if such 

source ceases operations. 

Virginia has appropriate general emergency powers to address Pb related 

episodes, and no specific emergency episode plan is necessary at this time.

Section 110(a)(2)(H)(i): “Each such plan shall provide for revision of such plan from 

time to time as may be necessary to take account of revisions of such national primary 

or secondary ambient air quality standard or the availability of improved or more 

expeditious methods of attaining such standard;”

Virginia’s SIP is a compilation of regulations, plans, and submittals that act to 

improve and maintain air quality at the national standards. The authority to 

develop or revise the SIP is based on the authority to adopt new regulations, 

revise existing regulations, and conduct business in a manner to meet the 

NAAQS. Code of Virginia, Title 10.1, Chapter 13, Air Pollution Control Board, 

gives broad authority to perform these functions. Specifically § 10.1-1306 

provides authority for the board to act reasonably to achieve and maintain levels 

of air quality that will protect human health, welfare, and safety. Also, § 10.1-

1307 provides for the development of a comprehensive program for the study, 

abatement, and control of all sources of air pollution in the Commonwealth. 

Section 10.1-1308 provides authority to promulgate regulations to abate, control, 

and prohibit air pollution throughout the Commonwealth in accordance with the 

provisions of Virginia’s Administrative Process Act. 

Section 110(a)(2)(H)(ii): “Each such plan shall provide for revision of such plan except 

as provided in paragraph (3)(c), whenever the Administrator finds on the basis of 

information available to the Administrator that the plan is substantially inadequate to 

attain the national ambient air quality standard which it implements or to otherwise 

comply with any additional requirements established under this Act;”

Does Not Pertain to This Rulemaking Action
9 

As noted in the prior paragraph, § 10.1-1306 provides authority for the board to 

act reasonably to achieve and maintain levels of air quality that will protect 

human health, welfare, and safety. Virginia affirms that the state implementation 

plan may be revised should the Administrator find that the plan is substantially 

inadequate to attain a standard or to comply with any additional requirements 

under the Act.

Section 110(a)(2)(J): “Each such plan shall meet the applicable requirements of 

section 121 (relating to consultation), section 127 (relating to public notification), and 

part C (relating to prevention of significant deterioration of air quality and visibility 

protection);”

Section 121: All SIP revisions undergo public notice and hearing, which provides 

for comment by the public and includes local political subdivisions. Further, all 

regulations promulgated in Virginia are subject to the Administrative Process Act 

(Code of Virginia, Title 2.2, Administration of Government, Chapter 40). 

Regulations promulgated by the State Air Pollution Control Board are also 

governed by 9VAC5 Chapter 5, Public Participation Guidelines.

Therefore, the Commonwealth’s public participation requirements and 

procedures fulfill the requirements of the § 121 consultation process.

Section 127: Air quality data from Virginia’s monitoring network is published on 

the Department of Environmental Quality website. As part of the § 105 grant 

process, Virginia is required to submit monitoring data to the Air Quality System 

(AQS) in a timely manner. Virginia publishes an annual summary of all 

monitoring data on the DEQ website, including monitoring locations, 

exceedances, and violations of standards. 

Part C: Article 8, Permits for Major Stationary Sources and Major Modifications 

Locating in Prevention of Significant Deterioration Areas (9VAC5-80-1605 et 

seq.) of 9VAC5-80 (Permits for Stationary Sources) and 9VAC5-85 (Permits for 

Stationary Sources of Pollutants Subject to Regulation (Greenhouse Gas 

Tailoring) include procedures for the permitting of major stationary sources. 

Section 110(a)(2)(K)(i) and (ii): “Each such plan shall provide for (i) the performance 

of such air quality modeling as the Administrator may prescribe for the purpose of 

predicting the effect on ambient air quality of any emission of any air pollutant for which 

the Administrator has established a national ambient air quality standard and (ii) the 

submission, upon request, of data related to such air quality modeling to the 

Administrator”

Article 8, Permits for Major Stationary Sources and Major Modifications Locating

in Prevention of Significant Deterioration Areas (9VAC5-80-1605 et seq.) of 

Does Not Pertain to This Rulemaking Action
10

9VAC5-80 (Permits for Stationary Sources) contains requirements for preconstruction and post-construction monitoring and modeling. Such data is 

routinely provided to EPA upon request. This regulation is included as part of the 

Virginia SIP as noted in 40 CFR 52.2420. Regional air quality modeling inputs 

and results have been provided in numerous SIP submittals.

Section 110(a)(2)(L)(i) and (ii): “Each such plan shall require the owner or operator of 

each major stationary source to pay to the permitting authority, as a condition of any 

permit required under this Act, a fee sufficient to cover (i) the reasonable costs of 

reviewing and acting upon any application for such a permit, and (ii) if the owner or 

operator receives a permit for such source, the reasonable costs of implementing and 

enforcing the terms and conditions of any such permit (not including any court costs or 

other costs associated with any enforcement action), until such fee requirement is 

superseded with respect to such sources by the Administrator’s approval of a fee 

program under title V;”

These requirements are located in Article 2, Permit Program Fees for Stationary 

Sources (9VAC5-80-310 et seq.) of 9VAC5-80 (Permits for Stationary Sources). 

These regulations are part of Virginia’s federally approved Title V program and 

are codified in Appendix A of 40 CFR Part 70, Approval Status of State and Local 

Operating Permits Programs.

Section 110(a)(2)(M): “Each such plan shall provide for consultation and participation 

by local political subdivisions affected by the plan;”

All SIP revisions undergo public notice and hearing, providing for comment by 

the public that includes local political subdivisions. Additionally, the Code of 

Virginia under § 10.1-1307A requires advising, consulting, and cooperating with 

all agencies of the Commonwealth, political subdivisions, private industries, and 

any other affected groups when developing programs to improve or maintain air 

quality. Further, all regulations in Virginia are subject to the Administrative 

Process Act (Code of Virginia, Title 2.2, Administration of Government, Chapter 

40). Regulations promulgated by the State Air Pollution Control Board are also 

governed by 9VAC5 Chapter 5, Public Participation Guidelines. The 

Commonwealth’s public participation requirements and procedures fulfill the 

requirements for consultation with local political subdivisions affected by the SIP.

SIP\ASSESSMENT\GS-SIP-1-FIN

Does Not Pertain to This Rulemaking Action
ENCLOSURE 2

CERTIFICATION OF 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 January 30 to February 29, 2012. 

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, along with the location of the 

proposal for public inspection, on January 30, 2012. 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).

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SIPASSESSMENT\GS-SIP-2.DOC

ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

As required by 40 CFR 51.102(e), the complete record of the hearing, along with a list 

of witnesses and the text of the written presentations or summary of the oral 

presentations, 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 testimony on this particular revision.

TEMPLATES\SIP-PLAN\PLN03

SIP\ASSESSMENT\GS-SIP-3.DOC
GENERAL NOTICES/ERRA~I A 

AIR POLLUTION CONTROL BOARD 

Proposed State Implementation Plan Revision -

§ 11 O(a)(2) Infrastructure for Lead 

Notice of action: The Department of Environmental Quality 

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

proposed plan to assure necessary authorities are contained in 

the state implementation plan (SIP) to allow areas to attain 

and maintain the national ambient air quality standard for 

lead. The Commonwealth intends to submit the plan as a 

revision to the Commonwealth of Virginia SIP in accordance 

with the requirements of§ 110(a) of the federal Clean Air 

Act. The SIP is the 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. 

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

whether the plan demonstrates the Commonwealth's 

compliance with federal Clean Air Act requirements related 

to general state plan infrastructure for controlling emissions 

of lead. 

Public comment period: January 30, 2012, to February 29, 

2012. 

Public hearing: A public hearing will 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 and 

address 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. 

Description of proposal: The proposed revision will consist of 

a demonstration of compliance with the general requirements 

of§ 11 O(a)(2) of the federal Clean Air Act for the lead (Pb) 

national ambient air quality standard (NAAQS). 

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations ( 40 

CFR 51.102). 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. It is 

planned to submit all provisions of the proposal as a revision 

to the Commonwealth of Virginia 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 information received is part 

of the public record. 

To review proposal: The proposal and any supporting 

documents are available on the DEQ Air Public Notices for 

Plans website (http://www .deq. virginia.gov/air/permitting/ 

planotes.html). The documents may also be obtained by 

contacting the DEQ representative named below. The public 

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

of each business day until the close of the public comment 

period at the following DEQ locations: 

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

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

2) Southwest Regional Office, 355 Deadmore Street, 

Abingdon, VA, telephone (540) 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 Blvd., 

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

Contact Information: Doris A. McLeod, Department of 

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

Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 

698-4510. 

Volume 28, Issue 11 Virginia Register of Regulations 

994