Molly Joseph Ward 

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 

JUN 18 2014 

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: § 110(a)(2) Infrastructure 

Requirements for Sulfur 

Dioxide (Revision KS) 

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 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 ofimplementation Plans). 

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

infrastructure requirements of§ 110(a)(2) of the federal Clean Air Act for the 2010 national 

ambient air quality standard for sulfur dioxide. 

Enclosed are the following: 

1. § 110(a)(2) sulfur dioxide 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 

TEMPLATES\SIP-PLAN\PLNOO 

SIP\ASSESSMENT\KS-SIP.DOC 

Enclosures 

David K. Paylor 
1 

COMMONWEALTH OF VIRGINIA

§ 110(a)(2) REQUIREMENTS IN THE 

VIRGINIA STATE IMPLEMENTATION PLAN

FOR THE 2010 SO2 PRIMARY 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 2010 sulfur dioxide 

(SO2) NAAQS that are required to be in Virginia’s SIP are already contained in Virginia’s 

current SIP, have been submitted to EPA, or are contained herein.

Not all requirements of § 110(a)(2) need to be addressed as part of the infrastructure 

SIP submittal. In particular, three requirements are not included: 

• Section 110(a)(2)(D)(i)(I): Since EPA has not yet quantified Virginia’s obligation, 

if any, regarding the 2010 SO2 NAAQS, this submittal does not contain 

information regarding § 110(a)(2)(D)(i)(I).

• Section 110(a)(2)(I): Information regarding § 110(a)(2)(I) for nonattainment area 

plan revisions is also not included. The specific plan submissions for designated 

nonattainment areas, as required under CAA title I part D, are subject to different 

submission schedules than those for § 110(a) infrastructure elements. 

Therefore, EPA does not require infrastructure submissions to address § 

110(a)(2)(I).

• Section 110(a)(2)(J), visibility: The promulgation of new or revised NAAQS does

not include new visibility protection requirements under the CAA, title I, part C. 

Therefore, states are not required to implement visibility protection obligations 

pursuant to § 110(a)(2)(J) based on the promulgation of a new or revised 

NAAQS, and EPA does not require infrastructure submissions to address this 

requirement under § 110(a)(2)(J).
2 

The previous SO2 NAAQS was established in 1971. The 1971 SO2 NAAQS set primary 

standards of 0.14 ppm over 24 hours and 0.03 ppm annually, as well as secondary 

standards of 0.05 ppm on a 3-hour average and 0.02 ppm annually. In 1973, the 

secondary annual standard was revoked. On June 2, 2010, the primary standard was 

strengthened by establishing a new standard at the level of 75 ppb averaged over one 

hour and calculated as the three-year average of the 99th percentile of the annual 

distribution of daily maximum one hour average concentrations. Both the annual and 

24-hour standards were revoked. The 2010 SO2 primary NAAQS was subsequently 

published in the Federal Register on June 22, 2010 (75 FR 35520).

The CAA requires EPA to complete the initial designation process within two years of 

promulgating a 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. On July 27, 2012, EPA extended the deadline for area designations 

and is required to complete initial designations by June 3, 2013. 

Virginia submitted a designation recommendation letter to EPA on June 2, 2011, in 

which Virginia recommended a designation of unclassifiable for the entire 

Commonwealth. This recommendation was based on an acknowledgement that 

monitored levels, which demonstrate healthy SO2 air quality across the Commonwealth, 

may not be representative of specific major source impacts and other high emissions 

locations that are targeted by the designation and evaluation procedures that were 

promulgated along with the new standard.

On February 6, 2013, EPA sent a letter to the Commonwealth noting the receipt of the 

June 2, 2011 recommendations and advising Virginia that EPA was deferring action to 

designate areas in the Commonwealth until additional data are gathered pursuant to a 

comprehensive implementation strategy.

The following describes each specific EPA requirement and how each requirement is 

being met by the Commonwealth.

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 45 (Commercial and Consumer Products) 

Does Not Pertain to This Rulemaking Action
3 

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

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

for Northern Virginia) 

 9VAC5 Chapter 140 (Emissions Trading) 

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 an SO2 monitoring network to measure ambient 

concentrations within the Commonwealth for comparison to the NAAQS. This 

network meets current federal requirements. Network improvements needed to 

meet future federal requirements will be implemented using any updated

procedures for siting and monitoring procurement. 

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 40 CFR Part 58. The data are submitted 

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

by 40 CFR Part 58.

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 past and projected 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. The most recent summary submitted 

for year 2012 has been approved by EPA. This summary will be updated as 

required by federal regulations and is currently updated on an annual basis.

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 ...

Does Not Pertain to This Rulemaking Action
4 

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. 

Virginia has a minor new source review permitting program under 9VAC5-80-10 

and 9VAC5-80-11 (Permits for New and Modified Stationary Sources). Article 8 

(Permits for Major Stationary Sources and Major Modifications Locating in 

Prevention of Significant Deterioration Areas) of Part II of 9VAC5 Chapter 80

provides that construction and modification of major stationary sources in 

prevention of significant deterioration (PSD) areas will not cause or contribute to 

a violation of any NAAQS, including the 2010 SO2 NAAQS. On August 1, 2012 

(77 FR 45523), EPA proposed approval of Virginia’s most recent PSD SIP 

revision. Upon final approval of this revision, Virginia’s SIP will include a permit 

program as required to address this infrastructure element for the 2010 SO2

NAAQS. Virginia’s PSD program applies to greenhouse gases through 9VAC5 

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

which implements EPA’s greenhouse gas tailoring requirements. Other aspects 

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

methods, and record keeping and reporting provisions of 9VAC5 Chapters 40, 

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

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”

Virginia's PSD permitting program is regulated under Article 8 (Permits for Major 

Stationary Sources and Major Modifications Locating in Prevention of Significant 

Deterioration Areas) of Part II of 9VAC5 Chapter 80. This program provides that 

construction and modification of major stationary sources in PSD areas will not 

cause or contribute to a violation of any NAAQS, including the 2010 SO2

NAAQS. On August 1, 2012 (77 FR 45523), EPA proposed approval of Virginia’s 

Does Not Pertain to This Rulemaking Action
5 

most recent PSD SIP revision. Upon final approval of this revision, Virginia’s SIP 

will include a permit program as required to address this infrastructure element 

for the 2010 SO2 NAAQS. Virginia’s PSD program applies to greenhouse gases 

through 9VAC5 Chapter 85, Permits for Stationary Sources of Pollutants Subject 

to Regulation, which implements EPA’s greenhouse gas tailoring requirements. 

With respect to sources located in nonattainment areas and thus not subject to 

the PSD process, Virginia’s SIP includes a fully approved nonattainment 

permitting program under Article 9 (Permits for Major Stationary Sources and 

Major Modifications Locating in Nonattainment Areas or the Ozone Transport 

Region) of Part II of 9VAC5 Chapter 80 (Permits for Major Stationary Sources).

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

regulatory requirements of Subpart P of 40 CFR Part 51 and statutory 

requirements set forth at CAA §§ 169A and 169B. EPA granted limited approval 

of this SIP revision on June 13, 2012 (77 FR 35287). This Regional Haze SIP 

revision satisfies Virginia's obligations regarding § 110(a)(2)(D)(i)(II). 

Additionally, the Clean Air Interstate Rule is an enforceable portion of Virginia’s 

SIP under 9VAC5-140 (Regulation for Emissions Trading) Part II, Part III, and 

Part IV, and these requirements will help ensure that Virginia electrical 

generating unit emissions will not interfere with neighboring states’ reasonable 

progress towards visibility improvement in Class I areas.

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 states of potential impacts from that source. Major 

stationary sources of SO2 in Virginia are currently subject to PSD NSR permitting 

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

(Permits for Major Stationary Sources and Major Modifications Locating in 

Prevention of Significant Deterioration Areas) of Part II of 9VAC5 Chapter 80,

and in 9VAC5 Chapter 85 (Permits for Stationary Sources Subject to Regulation), 

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 

SO2 under §§ 115, 126(b), or 126(c). No source or sources within Virginia are 

the subject of an active finding under § 126 with respect to any pollutant. There 

are no final findings under § 115 against Virginia with respect to any pollutant.

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 

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

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

Does Not Pertain to This Rulemaking Action
6 

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 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. 

Virginia's Title V fee requirements are located in Article 2 (Permit Program 

Emissions Fees for Stationary Sources) 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. Additionally, Title V fees are 

collected under the authority of § 10.1-1322. Changes in future years to this 

funding mechanism would require changes to legal authority. 

Virginia has adequate personnel to carry out the SIP with respect to SO2

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. See Virginia’s SIP revision submitted on June 8, 

2010 and approved by EPA on October 11, 2011 (76 FR 62635). 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. Virginia's Regulation for General Administration 

Does Not Pertain to This Rulemaking Action
7 

(9VAC5-170) is in the process of being amended to ensure that this provision of 

the Clean Air Act is adequately addressed; these amendments will be submitted 

to EPA as a SIP revision as expeditiously as practical.

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 

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

adequate implementation of such plan provision;”

Virginia does not rely on localities to implement SIP provisions regarding the 

2010 SO2 NAAQS. 

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, 

50, and 80 that are approved in the SIP under 40 CFR 52.2420. Additionally, 

Virginia’s SIP contains no provision preventing the use of any credible evidence.

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. 

Compliance certification requirements and compliance assurance monitoring 

requirements applicable to Title V facilities are located in Article 1, Federal 

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

(Permits for Stationary Sources), and specifically at 9VAC5-80-80 and 9VAC5-

80-110, respectively. 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.

Virginia meets all requirements of Subpart A of 40 CFR Part 51, Air Emissions 

Reporting Requirement. Should requirements for data submittals change as a 

Does Not Pertain to This Rulemaking Action
8 

result of the 2010 SO2 NAAQS, Virginia has authority under 9VAC5-20-160 to 

request and gather that information.

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.

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 SO2 related 

episodes. All areas of Virginia are classified as Priority III areas except EasternTennessee-Southwestern Virginia Interstate Air Quality Control Region and 

National Capital Interstate Air Quality Control Region, which are classified as 

Priority I, and Hampton Roads Intrastate Air Quality Control Region, which is 

classified as Priority II. These priority classifications are described in Subpart H 

of 40 CFR Part 51, Prevention of Air Pollution Emergency Episodes, and 

specified for Virginia in 40 CFR 52.2421. Virginia’s emergency plans are found 

in 9VAC5 Chapter 70 (Air Pollution Episode Prevention) and are approved in 40 

CFR 52.2420. These plans meet all current requirements as promulgated in 

Subpart H of 40 CFR Part 51, Prevention of Air Pollution Emergency Episodes. 

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;”

Does Not Pertain to This Rulemaking Action
9 

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;”

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 opportunity for public

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. 

Virginia’s SIP also provides opportunity for consultation with federal land 

managers. Article 8 (Permits for Major Stationary Sources and Major 

Modifications Locating in Prevention of Significant Deterioration Areas) of Part II 

Does Not Pertain to This Rulemaking Action
10

of 9VAC5 Chapter 80 (Permits for Stationary Sources) specifically provides for 

consultation with federal land managers in 9VAC5-80-1765 (Sources affecting 

federal class I areas – additional requirements). The Regional Haze SIP, to 

which EPA granted limited approval on June 13, 2012 (77 FR 35287), commits 

Virginia to consultation processes with federal land managers on the submittal of 

the Regional Haze mid-course review. 

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 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) of Part II of 9VAC5 

Chapter 80 (Permits for Stationary Sources) provides that construction and 

modification of major stationary sources will not cause or contribute to a violation 

of any NAAQS, including the 2010 SO2 NAAQS. On August 1, 2012 (77 FR 

45523), EPA proposed approval of Virginia’s most recent PSD SIP revision. 

Upon final approval of this revision, Virginia’s SIP will include a permit program 

as required to address this infrastructure element for the 2010 SO2 NAAQS. 

Virginia’s PSD program applies to greenhouse gases through 9VAC5 Chapter 85 

(Permits for Stationary Sources of Pollutants Subject to Regulation), which 

implements EPA’s greenhouse has tailoring requirements. 

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 

9VAC5-80 (Permits for Stationary Sources) contains requirements for preconstruction and post-construction monitoring and modeling. 9VAC5-80-1715 

(Source impact analysis), 9VAC5-80-1725 (Air quality models) and 9VAC5-80-

1735 (Air quality analysis) provide detail on modeling requirements. This data is 

routinely provided to EPA upon request. Article 8 is included as part of the 

Virginia SIP as noted in 40 CFR 52.2420. 

Does Not Pertain to This Rulemaking Action
11

Regional air quality modeling inputs and results have been provided in numerous 

SIP submittals. Virginia is a partner in multiple regional planning organizations 

and provides regional air quality modeling support to states in northeast, midAtlantic, and southeast planning organizations. Virginia will continue to share 

expertise and help create regional air quality models so long as the 

Commonwealth’s goals and resources allow. 

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 opportunity for public 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 

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

with affected localities for transportation conformity purposes is regulated by 

9VAC5 Chapter 151 (Regulation for Transportation Conformity). 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. The Commonwealth’s public participation 

requirements and procedures fulfill the requirements for consultation with local 

political subdivisions affected by the SIP.

SIP\ASSESSMENT\KS-SIP-1-pro

Does Not Pertain to This Rulemaking Action
ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR Part 51.102(a), the public was given notice of the opportunity to 

submit written comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan. The notice was provided in the Virginia Register of 

Regulations, along with the location of the proposal for public inspection, on July 1, 

2013. The notice included the announcement of a public hearing pursuant to 40 CFR 

51.102(d).

Accordingly, as required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was 

given notice of the hearing in the Virginia Register of Regulations, along with the 

location of the proposal for public inspection, on July 1, 2013. The attached copy of the 

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

51. 

The hearing was held in the Second Floor Conference Room A, Department of 

Environmental Quality, 629 East Main Street, Richmond, Virginia, at 10:00 a.m. on July 

31, 2013. As required by 40 CFR 51.102(f) and Section 2.1(g) of Appendix V of 40 

CFR Part 51, the hearing was held in accordance with the information found in the 

public notice, and according to the state's laws and the requirements of 40 CFR 51.102.

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

of the hearing, 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 hearing. These 

notifications follow the requirements of 40 CFR Part 51.102(d)(3), (4) and (5).

TEMPLATES\SIP-REG\REG02-Pc

SIP\ASSESSMENT\KS-SIP-2.DOC
GENERAL NOTICES/ERRATA 

Volume 29, Issue 22 Virginia Register of Regulations July 1, 2013 

2718

GENERAL NOTICES/ERRATA 

STATE AIR POLLUTION CONTROL BOARD 

State Implementation Plan Revision - Sulfur Dioxide 

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 

sulfur dioxide (SO2). 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 SO2. 

Public comment period: July 1, 2013, to August 1, 2013. 

Public hearing: A public hearing will be conducted at the 

Department of Environmental Quality, 629 East Main Street, 

Second Floor Conference Room A, Richmond, Virginia, 

beginning at 10 a.m. on July 31, 2013. 

Description of proposal: The proposed revision will consist of 

a demonstration of compliance with the general requirements 

of § 110(a)(2) of the federal Clean Air Act for the 2010 

SO2 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 on 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.state.va.us/Programs/Air/PublicNotices/airpla

nsandprograms.aspx. The documents may also be obtained by 

contacting the DEQ representative named below. The public 

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

of each business day until the close of the public comment 

period at the following DEQ locations: 

1) DEQ 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 (434) 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: 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, TDD (804) 698-4021, or email 

doris.mcleod@deq.virginia.gov. 

STATE CORPORATION COMMISSION 

Bureau of Insurance 

May 20, 2013 

Administrative Letter 2013-05

To: All Insurers and Other Interested Parties 

Re: Legislation Enacted by the 2013 Virginia General 

Assembly 

We have attached for your reference summaries of certain 

statutes enacted or amended and re-enacted during the 2013 

Session of the Virginia General Assembly. The effective date 

of these statutes is July 1, 2013, except as otherwise indicated 

in this letter. Each organization to which this letter is being 

sent should review the summaries carefully and see that 

notice of these laws is directed to the proper persons, 

including appointed representatives, to ensure that appropriate 

action is taken to effect compliance with these new legal 

requirements. Copies of individual bills may be obtained at 

http://lis.virginia.gov/lis.htm or via the links we have 

provided in the summary headings. You may enter the bill 

number (not the chapter number) on the Virginia General 

Assembly Home Page, and you will be linked to the 

Legislative Information System. You may also link from the 

Legislative Information System to any existing section of the 

Code of Virginia. All statutory references made in the letter 
GENERAL NOTICES/ERRATA 

Volume 29, Issue 22 Virginia Register of Regulations July 1, 2013 

2718

GENERAL NOTICES/ERRATA 

STATE AIR POLLUTION CONTROL BOARD 

State Implementation Plan Revision - Sulfur Dioxide 

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 

sulfur dioxide (SO2). 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 SO2. 

Public comment period: July 1, 2013, to August 1, 2013. 

Public hearing: A public hearing will be conducted at the 

Department of Environmental Quality, 629 East Main Street, 

Second Floor Conference Room A, Richmond, Virginia, 

beginning at 10 a.m. on July 31, 2013. 

Description of proposal: The proposed revision will consist of 

a demonstration of compliance with the general requirements 

of § 110(a)(2) of the federal Clean Air Act for the 2010 

SO2 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 on 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.state.va.us/Programs/Air/PublicNotices/airpla

nsandprograms.aspx. The documents may also be obtained by 

contacting the DEQ representative named below. The public 

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

of each business day until the close of the public comment 

period at the following DEQ locations: 

1) DEQ 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 (434) 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: 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, TDD (804) 698-4021, or email 

doris.mcleod@deq.virginia.gov. 

STATE CORPORATION COMMISSION 

Bureau of Insurance 

May 20, 2013 

Administrative Letter 2013-05

To: All Insurers and Other Interested Parties 

Re: Legislation Enacted by the 2013 Virginia General 

Assembly 

We have attached for your reference summaries of certain 

statutes enacted or amended and re-enacted during the 2013 

Session of the Virginia General Assembly. The effective date 

of these statutes is July 1, 2013, except as otherwise indicated 

in this letter. Each organization to which this letter is being 

sent should review the summaries carefully and see that 

notice of these laws is directed to the proper persons, 

including appointed representatives, to ensure that appropriate 

action is taken to effect compliance with these new legal 

requirements. Copies of individual bills may be obtained at 

http://lis.virginia.gov/lis.htm or via the links we have 

provided in the summary headings. You may enter the bill 

number (not the chapter number) on the Virginia General 

Assembly Home Page, and you will be linked to the 

Legislative Information System. You may also link from the 

Legislative Information System to any existing section of the 

Code of Virginia. All statutory references made in the letter 
1 

ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

As required by 40 CFR 51.102(e), the complete record of the public comment period, 

along with the text of the written comments, is located at the Air Division of the 

Department of Environmental Quality (DEQ). The department contact to access this 

information is the Director, Air Division. 

As required by Section 2.1(h) of Appendix V of 40 CFR Part 51, below is a summary of 

the comments received and responses thereto. Included is a brief statement of the 

subject, the identification of the commenter, the summary of the comment and the 

response (analysis and action taken). Each issue is discussed in light of all of the 

comments received that affect that issue. All comments have been reviewed and 

responses developed based on an evaluation of the issues raised in consideration of 

the overall goals and objectives of the air quality program and the intended purpose of 

the document under review.

1. SUBJECT: Section 128(a)(2) of the Clean Air Act (CAA)

COMMENTER: U.S. EPA Region III

TEXT: EPA notes that element E(ii) requires states to have provisions approved 

into the state implementation plan (SIP) that address § 128(a)(2) relating to 

disclosure of potential conflicts of interest by members of boards that approve 

permits or enforcement orders and the heads of executive agencies with similar 

powers.

RESPONSE: DEQ is preparing a SIP submittal to address this issue and will 

submit that revision in final form to EPA as expeditiously as practical. The 

proposal was updated to reflect this information.

2. SUBJECT: Emission limitations within infrastructure SIPs

COMMENTER: Sierra Club

TEXT: The commenters assert that a variety of requirements exist that mandate 

the inclusion of emission limitations within infrastructure SIPs. The commenters 

also assert that these limitations must prohibit NAAQS violations in areas not 

designated nonattainment. The commenters note that such specific emission 

limitations are required by the CAA, EPA regulations, EPA interpretations, 

supreme court opinions, and appellate court opinions
2 

RESPONSE: DEQ does not agree with this assertion. Infrastructure SIPs must 

demonstrate that Virginia’s SIP contains all necessary authority to ensure that air 

quality within the Commonwealth will meet any new NAAQS in a timely manner. 

The proposed revision to Virginia’s SIP does just that. 

While some SIP revisions do contain unit-specific and facility-specific emission 

limitations, these SIP revisions are not infrastructure SIPs. For example, the 

infrastructure SIP revisions for Virginia pertaining to the 1997 ozone NAAQS 

(approved by EPA at 76 FR 62635 and 77 FR 45523) do not contain unit specific 

emission limitations. However, the RACT SIP revision submitted September 

2000 and approved by EPA on December 14, 2000 (65 FR 78100) contained 

facility-specific limits on the ozone season emissions of nitrogen oxides (NOX). 

The SIP revisions approved by EPA on January 26, 2012 (77 FR 3928) 

contained limitations on the volatile organic compound (VOC) contents of various 

products. These SIP revisions containing enforceable limits supported the 

attainment plan for the Northern Virginia area, which was also a SIP revision and 

was submitted to EPA on June 12, 2007 and was proposed for approval most 

recently on February 7, 2013 (77 FR 3928). Whether or not a particular SIP 

revision must include facility-specific or unit-specific emission limitations depends 

on the purpose of the SIP revision as well as on the federal guidance and 

regulations dealing with that particular type of SIP revision. The inclusion of 

emission limitations may also depend on the nature of the pollutant being 

addressed as well as regional factors such as meteorology and demographics.

This infrastructure SIP proposal is consistent with previous infrastructure SIP 

submittals that have supported a number of different NAAQS. See the table 

below. None of these infrastructure SIP submittals contained unit-specific 

emission limitations, and all have either been approved by EPA or proposed for 

approval by EPA.

DEQ 

Submittal 

Identifier

Content Submittal Date and EPA Action

ND certification that VA has met or intends

to meet requirements of § 

110(a)(2)(D)(i) related to interstate 

pollution transport for the 1997 8-hour 

ozone and PM2.5 NAAQS

November 13, 2007

proposed approval of § 

110(a)(2)(D)(i)(II) portion 08/01/12 (77 

FR 45523)

BS demonstration that VA has met the 

infrastructure requirements of § 

110(a)(2) for the 1997 8-hour ozone 

NAAQS

December 10, 2007

proposed approval 7/14/11 (76 FR 

41444)

final approval 10/11/11 (76 FR 62635)
3 

DEQ 

Submittal 

Identifier

Content Submittal Date and EPA Action

PM demonstration that VA has met the 

infrastructure requirements of § 

110(a)(2) for the 1997 PM2.5 NAAQS

July 10, 2008

proposed approval 7/14/11 (76 FR 

41444)

final approval 10/11/11 (76 FR 62635)

proposed approval of § 

110(a)(2)(D)(i)(II) portion 08/01/12 (77 

FR 45523)

GS demonstration that VA has met the 

infrastructure requirements of § 

110(a)(2) for the 2008 Pb NAAQS

March 9, 2012

proposed approval of § 

110(a)(2)(D)(i)(II) portion 08/01/12 (77 

FR 45523)

proposed approval of all but "element I" 

06/11/13 (78 FR 34970)

HS demonstration that VA has met the 

infrastructure requirements of § 

110(a)(2) for the 2008 O3 NAAQS

July 23, 2012

proposed approval 07/02/13 (78 FR 

39651)

JS demonstration that VA has met the 

infrastructure requirements of § 

110(a)(2) for the 2010 NO2 NAAQS

May 30, 2013

proposed approval 08/05/13 (78 FR 

47264)

This proposed infrastructure SIP for the 2010 SO2 NAAQS meets all of EPA’s 

current guidance regarding such submittals.

No changes were made to the proposal due to these comments.

3. SUBJECT: Enforceable one-hour SO2 emission limitations assuring attainment 

and maintenance of the 2010 SO2 NAAQS

COMMENTER: Sierra Club

TEXT: The commenters assert that the infrastructure SIP for the 2010 SO2

NAAQS must contain limitations for Chesapeake Energy Center and Yorktown 

Power Station units that burn coal. They assert that AERMOD modeling is the 

appropriate tool for evaluating infrastructure SIPs and ensuring attainment and 

maintenance of the NAAQS. They also assert that limitations based on one-hour 

averaging periods must be included for these facilities in the infrastructure SIP.
4 

RESPONSE: DEQ disagrees with these assertions, in context of the proposed 

infrastructure SIP. As noted in the response to Comment #2, infrastructure SIPs 

describe Virginia’s authority to implement and comply with various NAAQS in a 

timely manner. These submittals need not include enforceable limitations at the 

unit and facility level. Doing so would be extremely premature for a number of 

reasons. 

EPA is still in the process of formulating their strategy in regard to 

implementation of this NAAQS. See, for example, the February 13, 2013 

presentation entitled, “Next Steps on Designating Areas and Implementing the 1-

Hour SO2 Standard-EPA Webinar for State, Local, and Tribal Air Agencies” 

(http://www.epa.gov/apti/broadcast.html#so2des2013). This presentation notes 

that the EPA intends to propose an implementation rule at the end of 2013, with 

the intent to finalize that rule by the end of 2014. Additionally, EPA’s technical 

analysis documents (TADs) supporting this NAAQS are still draft. The latest 

draft TADs were published in May of 2013, and these documents superseded 

the guidance EPA set forth in the March 24, 2011 memorandum on the subject. 

Without these final documents informing the process, the imposition of any 

limitation on specific units would be based on conjecture.

DEQ agrees that air dispersion modeling is one of the available tools for 

evaluating the short-term impacts of large sources of SO2. However, DEQ also 

supports the use of ambient monitoring data in the case of a NAAQS 

assessment for existing sources. DEQ appreciates the efforts made by the 

commenters to develop modeling results for Virginia facilities, and this 

information will be considered along with all other data and analyses that any 

interested parties may present to DEQ regarding final requirements for facilities 

or units, area designations, and source specific impacts as the technical 

development process moves forward. DEQ will perform this process in 

accordance with EPA’s timelines and with guidelines set forth in their final TAD 

and final implementation rulemaking for the 2010 SO2 NAAQS. 

At this time, DEQ believes determining or requiring any type of unit-specific 

limitations, whether the limitations be based one-hour averaging times or other 

metrics, is premature, given the uncertainty regarding what information the final 

guidance and regulation will contain.

No changes were made to the proposal due to these comments.

4. SUBJECT: Causing or contributing to nonattainment or interference with 

maintenance of the 2010 SO2 NAAQS in another state.

COMMENTER: Sierra Club
5 

TEXT: The commenters assert that the infrastructure SIP for the 2010 SO2

NAAQS must contain limitations for Chesapeake Energy Center to ensure that 

emissions from the facility do not cause or contribute to a violation of the 2010 

SO2 NAAQS in North Carolina. The commenters also assert that since the 

Sierra Club’s modeling exercise precisely identifies the contribution to 

nonattainment by this facility, the Homer City decision does not apply.

RESPONSE: DEQ does not agree with these assertions. EPA is still in the 

process of establishing how to address interstate transport. Until that time, 

Virginia cannot address the good neighbor provisions of the CAA in § 

110(a)(2)(D). While DEQ appreciates the Sierra Club’s efforts to provide 

modeling information concerning the impact of any Virginia facility upon another 

state, this information cannot stand in place of an EPA determination that was 

made in accordance with final TAD and final rulemaking. 

No changes were made to the proposal due to these comments.

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