Molly J ose ph Ward
Sec r e tary of Na tur a l Resource s 

# COMMONWEALTH of VIRGINIA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Str ee t address : 629 East Ma i n Street

, Richmond

, Virginia 23219

Mailing address : P

. O

. Box I I 05

, R i chmond

, Virginia 23218 www.deq

. virgin i a

. gov



## DEC 1 8 

## 2014

Ms. Diana Esher, Director
Air Protection Division (3APOO)
U.S. Environmental Protection Agency, Region III
1650 Arch Street Philadelphia, Pennsylvania 19103-2029 D av id K

. P

ay l o r D i

r ec t o r

(804) 698-4020
1-800-592-54 82

Reference: General Administration, Conflict of
Interest (Rev

. F 14)

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 ofthe Code ofVirginia and in
accordance with the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption,
and Submittal of Implementation Plans).

This revision consists of modifying the Regulation for General Administration (9V ACS170) to directly address the requirements of Clean Air Act§ 128(a)(2), which governs conflict of
interest requirements for persons or bodies that approved regulations and permits. The regulation amendments were adopted by the State Air Pollution Control Board on September 5,
2014 under the authority of§ 10.1-1308 of the Code ofVirginia.

Enclosed are the following:

1

. A true copy of the official regulation (Revision F 14) which was published 

### in the Virginia Register of Regulations on October 20, 2014 after being duly adopted by the State Air
Pollution Control Board on September 5

, 2014, certified by the Office of the Attorney General as within the board's statutory authority on September 15, 2014 and thus fully enforceable underVirginia 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 September 23, 2014.

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.

For purposes of this submittal, certain provisions are being included for information

purposes only and are not to be construed as part of the Commonwealth of Virginia State Implementation Plan; these provisions are specifically identified in Enclosure 2 of this submittal.

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

DKP\kgs

TEMPLATES\SIP-REG\REGOO SIP\ASSESSMENT\F 14-SIP.DOC

Enclosures 

# sfr'Y',/0fJ fjiLLtJ**¥'W~**

David K. Paylor

### ENCLOSURE 1

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

PROVISIONS AFFECTED REVISION F14 CONCERNING

MAJOR NEW SOURCE REVIEW , PM 2.5 

### (9VAC5 CHAPTER 80)

Adoption Date: September 5, 2014 Effective Date: November 19, 2014

The following table lists the specific provisions of the attached regulations that will be used to implement the State Implementation Plan (SIP). Highlighted provisions are included for information purposes onl y and are not to be construed as part of the Commonwealth's SIP, nor are any provisions directly related to the highlighted provisions to be considered as part of the SIP. A copy of the actual regulation submitted for approval and incorporation by referen ce into the Virginia SIP is included in Enclosure 2; details concerning the specific provisions that are not to be included in the Virginia SIP are noted in this copy.

CHAPTER 170 GENERAL ADMINISTRATION

PART I DEFINITIONS

9VAC5

- 170

- 20 Terms defined

Added - disclosure form, potential conflict of interest

PART I X CONFLICT OF INTEREST (added)

9VAC5

- 170

- 210 General (added) Subsection B

TEMPLATES \ SIP

- REG \ REG01 SIP \ ASSESSMENT \F14- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 5 STATE AIR POLLUTION CONTROL BOARD

REGULATION FOR GENERAL ADMINISTRATION (9VAC5

- 170)



### 9VAC5 CHAPTER 170. REGULATION FOR GENERAL ADMINISTRATION.

PART I. DEFINITIONS.

9VAC5

- 170

- 20. Terms defined.

"Administrative proceeding" means an informal fact finding or formal hearing.

"Administrative Process Act" means Chapter 40 (§ 2.2

- 4000 et seq.) of Title
2.2 of the Code of Virginia.

"Air pollution" means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety; to animal or plant life; or to property; or which unreasonably interfere with the enjoyment by the people of life or property.

"Board" means the State Air Pollution Control Board or its designated representative.

"Case decision" means any determination that a named party as a matter of past or present fact, or as a matter of threatened or contemplated private action, either is or is not, or may or may not be (i) in violation of any law or regulations, or (ii) in compliance with any existing requirement for obtaining or retaining a permit or oth er right or benefit. Case decisions include, but are not limited to, consent orders, consent agreements, orders, special orders, emergency special orders, permits, waivers, and licenses. Case decisions do not include notices of violations, variances, regulations, or inspection reports.

"Confidential information" means secret formulae, secret processes, secret methods or other trade secrets which are proprietary information certified by the signature of the responsible person for the owner to meet the following criteria: (i) information for which the owner has been taking and will continue to take measures to protect confidentiality; (ii) information that has not been and is not presently reasonably obtainable without the owner's consent by private citizens or other firms through legitimate means other than discovery based on a showing of special need in a judicial or quasi

- judicial proceeding; (iii) information which is not publicly available from sources other than the owner; and (iv) information the disclosure of which would cause substantial harm to the owner.

"Consent agreement" means an agreement that the owner or another person will perform specific actions for the purpose of diminishing or abating the causes of air pollution or for the purpose of coming into compliance with the regulations of theCOMMONWEALTH OF VIRGINIA PAGE 2 of 5 STATE AIR POLLUTION CONTROL BOARD

REGULATION FOR GENERAL ADMINISTRATION (9VAC5

- 170)


### board, by mutual agreement of the owner or another person and the board.

"Consent order" means a consent agreement issued as an order. Consent orders may be issued without a formal hearing.

"Departme nt" means an employee or other representative of the Virginia Department of Environmental Quality, as designated by the director.

"Director" means the director of the Virginia Department of Environmental Quality or a designated representative.

"Disclosure form" means the financial statement required by § 2.2

- 3114 of the Virginia State and Local Government Conflict of Interests Act (Chapter 31 of Title 2.2 of the Code of Virginia).

"Emergency" means a situation that immediately and unreasonabl y affects, or has the potential to immediately and unreasonably affect, public health, safety or welfare; the health of animal or plant life; or property, whether used for recreational, commercial, industrial, agricultural, or other reasonable use.

"Eme rgency special order" means an order of the board issued under the provisions of § 10.1

- 1309 B of the Code of Virginia, after declaring a state of emergency and without a formal hearing, to owners who are permitting or causing air pollution to cease the pollution. These orders shall become invalid if a formal hearing is not held within 10 days after the effective date.

"Enabling law" or "enabling laws" means provisions of the Constitution and statutes of the Commonwealth of Virginia authorizing the board to make regulations or decide cases or containing procedural requirements therefor, including, but not limited to, the (i) Virginia Air Pollution Control Law and (ii) the Virginia Motor Vehicle Emissions Control Law.

"Evidentiary hearing" means a formal proceeding which provides opportunity for interested persons to submit factual proofs in formal proceedings as provided in § 2.2

- 4009 of the Administrative Process Act in connection with the making of regulations. Evidentiary hearings do not include the informational inquiries of an informal nature provided in § 2.2

- 4007.01 B of the Administrative Process Act.

"Federal Clean Air Act" means 42 USC 7401 et seq., 91 Stat 685.

"Formal hearing" means a formal proceeding which provides for the right of
p rivate parties to submit factual proofs as provided in § 2.2

- 4020 of the Administrative Process Act in connection with case decisions. Formal hearings do not include the factual inquiries of an informal nature provided in § 2.2

- 4019 of the Administrative P rocess Act.COMMONWEALTH OF VIRGINIA PAGE 3 of 5 STATE AIR POLLUTION CONTROL BOARD

REGULATION FOR GENERAL ADMINISTRATION (9VAC5

- 170)


### "Informal fact finding" means an informal conference or consultation proceeding used to ascertain the fact basis for case decisions as provided in § 2.2

- 4019 of the Administrative Process Act.

"Locality" means a city, town, county or other public body created by or pursuant to state law.

"Order" means a decision or directive of the board, including special orders, emergency special orders, and other orders of all types, rendered for the purpose of diminishing or abating the causes of air pollution or enforcement of the regulations of the board. Unless specified otherwise in the Virginia Air Pollution Control Law or in the regulations of the board, orders shall be issued only after the appropriate administrative proceeding.

"Owner" means a person, including bodies politic and corporate, associations, partnerships, personal representatives, trustees and committees, as well as individuals, who owns, leases, operates, controls or supervises a source.

"Party" means, for the purposes of Part VIII (9VAC5

- 170

- 190 et seq.), a person named in the record who actively participates in the administrative proceeding or offers comments through the public participation process. The term "party" also means the department.

"Person" means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or another legal entity.

"Pollutant" means a substance the presence of which in the outdoor atmosphere is or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interferes with the enjoyment by the people of life or property.

"P otentia l conflict of interest" means a personal interest as defined in § 2.2

- 3101 of the Virginia State and Local Government Conflict of Interests Act (Chapter 31 of Title 2.2 of the Code of Virginia).

"Public hearing" means, unless indicated otherwise, an informal proceeding, similar to that provided for in § 2.2

- 4007.01 B of the Administrative Process Act, held to afford people an opportunity to submit views and data relative to a matter on which a decision of the board is pending.

"Public meeting" means an informal proceeding conducted by the department in conjunction with the notice of intended regulatory action to afford people an opportunity to submit comments relative to intended regulatory actions.

"Public participation process" means any element of a board or departmentCOMMONWEALTH OF VIRGINIA PAGE 4 of 5 STATE AIR POLLUTION CONTROL BOARD

REGULATION FOR GENERAL ADMINISTRATION (9VAC5

- 170)


### decision making process that involves the use of a public meeting, public hea ring or evidentiary hearing.

"Regulations of the board" means regulations adopted by the State Air Pollution Control Board under a provision of the Code of Virginia.

"Source" means one or combination of the following: buildings, structures, facilitie s, installations, articles, machines, equipment, landcraft, watercraft, aircraft or other contrivances which contribute, or may contribute, either directly or indirectly to air pollution. An activity by a person that contributes, or may contribute, either directly or indirectly to air pollution, including, but not limited to, open burning, generation of fugitive dust or emissions, and cleaning with abrasives or chemicals.

"Special order" means an order of the board issued:

1. Under the provisions of § 10.1

- 1309 of the Code of Virginia:

a. To owners who are permitting or causing air pollution to cease and desist from the pollution;

b. To owners who have failed to construct facilities in accordance with or have failed to comply with plans for the control of air pollution submitted by them to, and approved by the board, to construct facilities in accordance with or otherwise comply with the approved plan;

c. To owners who have violated or failed to comply with the terms and provisions of an order or directive issued by the board to comply with the terms and provisions;

d. To owners who have contravened duly adopted and promulgated air quality standards and policies to cease and desist from the contravention and to comply with the air quality standards and policies; and

e. To require an owner to comply with the provisions of the Virginia Air Pollution Control Law and a decision of the board; or

2. Under the provisions of § 10.1

- 1309.1 of the Code of Virginia, which require that an owner file with the board a plan to abate, control, prevent, remove, or contain a substantial and imminent threat to public health or the environment that is reasonably likely to occur if the source ceases operations.

"Variance" means the temporary exemption of an owner or other person from the regulations of the board, or a temporary change in the regulations of the board as they apply to an owner or other person.COMMONWEALTH OF VIRGINIA PAGE 5 of 5 STATE AIR POLLUTION CONTROL BOARD

REGULATION FOR GENERAL ADMINISTRATION (9VAC5

- 170)


### "Virginia Air Pollution Control Law" means Chapter 13 ( § 10.1

- 1300 et seq.) of Title 10.1 of the Code of Virginia.

"Virginia Motor Vehicle Emissions Control Law" means Article 22 ( § 46.2

- 1176 et seq.) of Chapter 10 of Title 46.2 of the Code of Virginia.

"Virginia Register Act" means Chapter 41 (§ 2.2

- 4100 et seq.) of Title 2.2 of th e Code of Virginia.

PART IX. CONFLICT OF INTEREST.

9VAC5

- 170

- 210. General.

A. Pursuant to § 128(a)(2) of the federal Clean Air Act, the board and the director, in their capacity of approving permits or enforcement orders, shall adequately disclose
any potential conflicts of interest. Such disclosure shall be made annually through the applicable disclosure forms set forth in § 2.2

- 3117 or § 2.2

- 3118 of the Virginia State and Local Conflict of Interests Act (Chapter 31 of Title 2.2 of the Code of Virginia ) as required in § 2.2

- 3114 of the Virginia State and Local Conflict of Interests Act (Chapter 31 of Title 2.2 of the Code of Virginia). All terms used in the disclosure forms shall have the meaning as set forth in the Virginia State and Local Conflict of Interests Act (Chapter 31 of Title 2.2 of the Code of Virginia).

B. Conduct concerning personal interest in transactions shall be governed by §
2.2

- 3112 of the Virginia State and Local Conflict of Interests Act (Chapter 31 of Title 2.2 of the Code of Virginia). All terms used regarding personal interest in transactions shall have the meaning as set forth in the Virginia State and Local Conflict of Interests Act (Chapter 31 of Title 2.2 of the Code of Virginia).

REG \ DEV \ F14

- REG

- FIN.DOC

### 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 propos ed revision to the Commonwealth of Virginia State Implementation Plan was held from November 17 to December 17, 201 4.

As required by 40 CFR Part 51.102 (a) and (d)(1) and (2), the public was given notice of the comment period in the Virginia Register of Re gulations , along with the location of the proposal for public inspection, on November 17 , 2014

. 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 receive d. The attached copy of the notice provides the evidence required by Section 2.1(f) of Appendix V of 40 CFR Part
51.

The Regional Administrator for the U.S. Environmental Protection Agency was notified of the public comment period , as was each local air pollution control agency which will be significantly affected by the revision and is located in the affected Air Quality Control Regions. In addition, the District of Columbia, Maryland and Tennessee, which share affected interstate Air Quality Control Regions with Virginia, were notified of the public
comment period . These notifications follow the requirements of 40 CFR Part 51.102(d)(3), (4) and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

A true copy of the official regulation (Revision F14) which was published in the Virginia Register of Regulations on October 20, 2014 after being duly adopted by the State Air Pollution Control Board on September 5 , 2014 , certified by the Office of the Attorney General as within the Board’s statutory authority on September 15 , 2014 and thus fully enforceable under Virginia law, and submitted to the Virginia Registrar on behalf of the b oard by the Department of Environmental Quality as a true and accurate copy of the duly adopted regulation on September 23, 20 14

. 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 November 19, 2014

.

TEMPLATES \ SIP

- REG \ REG02 -PC SIP \ ASSESSMENT \F14- SIP

- 2.DOC

## General Notices/Errata

Volume 31, Issue 6 Virginia Register of Regulations November 17, 2014

359 Regulations-Official Standards for Enforcement of the Virginia Apples: Grading, Packing, and Marking Law and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated October 6, 2014, to support this decision in accordance with § 2.2- 4007.1 F of the Code of Virginia.

The agency is recommending that the regulation should remain in effect without change. The agency did not receive any comments regarding the regulation during the comment period. The regulation does not duplicate any state or federal laws. The agency last conducted a periodic review of this regulation in 2009. The agency continues to believe the current regulation is the least burdensome and least intrusive alternative on the apple industry and small businesses.

Contact Information: Dennis Clary, Program Manager, Virginia Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786- 1933, FAX (804) 371-7785, or email dennis.clary@vdacs.virginia.gov

. Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Department of Agriculture and Consumer Services conducted a small business impact review of 2VAC5-590, Rules and Regulations Pertaining to Tolerances and Prohibitions Applicable to Ground Beef and determined that this regulation should be retained in its current form. The Department of Agriculture and Consumer Services is publishing its report of findings dated October 3, 2014, to support this decision in accordance with § 2.2-4007.1 F of the Code of Virginia.

This regulation is still needed because it is still necessary to ensure that ground beef products are produced according to and meet minimum acceptable standards relative to product
formulation and saturated fat content. It also ensures that consumers are duly informed via product labeling and placard displays regarding the fat content of ground beef products and allows consumers to make optimal health choices regarding the level of saturated fat consumed when ground beef products are purchased.

Without this regulation, it will be difficult to find other means by which to ensure that ground beef products meet acceptable standards. Federal regulations also exist that mandate a maximum fat content of 30% in ground beef products. However, these federal regulations are primarily enforced and policed at meat processing facilities. The subject regulation (2VAC5-590) is typically applied to ground beef products formulated and/or sold at retail food stores, enforced at that level, and creates specific production standards applicable to retail environments. Since the last time this regulation was evaluated, there have not been significant changes in technology, economic conditions, or other factors that would impact this regulation. This regulation was promulgated with due concerns for the industry and has minimal impact on small businesses. It is recommended that the regulation remain in place without modification. There have been no complaints received relative to this regulation.

Contact Information: Ryan Davis, Program Manager, Office of Dairy and Foods, Virginia Department of Agriculture and Consumer Services, P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-8910, FAX (804) 371-7792, or email ryan.davis@vdacs.virginia.gov

. AIR POLLUTION CONTROL BOARD

State Implementation Plan Proposed Revision -

Public Comment Opportunity

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under
the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation to EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the
federal Clean Air Act.

Regulations affected: The regulation of the board affected by this action is the Regulation for General Administration, 9VAC5-170 (Revision F14).

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a
revision to the SIP.

Public comment period: November 17, 2014, through December 17, 2014.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be
conducted.

Public comment stage: The regulation amendments are exempt from the state administrative procedures for adoption of regulations contained in Article 2 (§ 2.2-4006 et seq.) of the Administrative Process Act by the provisions of § 2.2- 4006 A 4 c of the Administrative Process Act because they are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent Act provisions. Since the amendments have been adopted and are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue

## General Notices/Errata

Volume 31, Issue 6 Virginia Register of Regulations November 17, 2014

360 cited above under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: Section 110(a)(2)(E)(ii) of the Clean Air Act requires that each applicable SIP provide requirements that the state comply with the requirements respecting state boards under § 128 of the Act. Subdivision (a)(1) of § 128 requires that each SIP contain requirements that any board or body that approves permits or enforcement orders under the Act shall have at least a majority of members who represent the public interest and do not derive any significant portion of their income from persons subject to permits or enforcement orders under the Act. In Virginia, this is addressed in § 10.1-1302 of the Code of Virginia. Subdivision (a)(2) of § 128 of the Act requires that any potential conflicts of interest by members of such board or body, or by the head of an executive agency with similar powers, be adequately disclosed. Because there are no provisions in the Air Pollution Control Law or the board's regulations that directly address § 128(a)(2) of the Act, the Virginia SIP must be amended to incorporate the requirements of § 128(a)(2); the mechanism for accomplishing this is through the Regulation for General Administration, which covers general administrative actions.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. The proposal
will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the SIP with the exception of 9VAC5- 170 -210 B, which is set to become effective November 19, 2014.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address and telephone number of the person commenting and be received by DEQ by the last day of the comment period. All materials received are part of the public record.

To review regulation documents: The proposal and any supporting document are available on the DEQ Air Public
Notices for Plans website: http://www.deq.state.va.us/Programs/Air/PublicNotices/airpla nsandprograms.aspx . The documents may also be obtained by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

1) Main Street Office, 8th Floor, 629 East Main Street, Richmond, Virginia, telephone (804) 698-4070,

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, Virginia, telephone (276) 676-4800, 3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, Virginia, telephone (540)
562 -6700,

4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, Virginia, telephone (434)
582 -5120,

5) Valley Regional Office, 4411 Early Road, Harrisonburg, Virginia, telephone (540) 574-7800,

6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, Virginia, telephone (804) 527-5020,

7) Northern Regional Office, 13901 Crown Court, Woodbridge, Virginia, telephone (703) 583-3800, and

8) Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, Virginia, 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, or email karen.sabasteanski@deq.virginia.gov

. STATE CORPORATION COMMISSION

Bureau of Insurance

October 6, 2014

Administrative Letter 2014- 05

To: All Companies Licensed under Chapters 10, 11, 12, 40, 41, 42, 45 or 61 of Title 38.2 of the Code of Virginia

Re: Virginia Life, Accident and Sickness Insurance Guaranty
Association

Notice of Protection Provided by the Virginia Life, Accident and Sickness Insurance Guaranty Association

The provisions of this administrative letter replace the provisions of Administrative Letter 2010- 12.

The purpose of this Administrative Letter is to inform life, accident and sickness companies (insurers) subject to Chapter 17 of Title 38.2 of the Code of Virginia of the updated disclaimer required to be attached to policies in order to comply with the provisions of § 38.2-1715 of the Code of Virginia.

Chapter 510, which became effective July 1, 2010, amended and re-enacted § 38.2-1442 (Investments) and §§ 38.2-1700 through 38.2-1715 (Virginia Life, Accident and Sickness Insurance Guaranty Association) updating and expanding the scope of the Guaranty Association. Pursuant to amendments in § 38.2-1715, the Guaranty Association is required to prepare and submit to the Commission for approval, a summary document describing the general purposes and limitations of Chapter 17, which includes a disclaimer that discusses limitations, exclusions, and the types of policies that are covered by the Guaranty Association.

## Regulations

Volume 31, Issue 4 Virginia Register of Regulations October 20, 2014

265 DOCUMENTS INCORPORATED BY REFERENCE (8VAC105- 11) Parking and Traffic Procedures, Virginia Tech Parking Services (eff. 10/2013) Parking and Traffic Procedures, Virginia Tech Parking Services (rev. 7/14)

VA.R. Doc. No. R15-4182; Filed October 7, 2014, 10:21 a.m.



##  

# –––––––––––––––––– 

TITLE 9. ENVIRONMENT

ST ATE AIR POLLUTION CONTROL BOARD

Final Regulation
REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of 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 th e 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: 9VAC5-170. Regulation for General Administration (Rev. F14) (amending 9VAC5- 170 -20; adding 9VAC5- 170 -210). Statutory Authority: § 10.1-1308 of the Code of Virginia; § 110 of the Clean Air Act; 40 CFR Part 51.
Effective Date: November 19, 2014. 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:
The amendments conform the regulation to §§ 110(a)(2)(E)(ii) and 128(a)(2) of the federal Clean Air Act, which require that potential conflicts of interest by members of a board or body that approves permits or enforcement orders under the Act, or the head of an executive agency with similar powers, be adequately disclosed. Because there are no provisions in the Virginia statutes or the board's regulations that directly address § 128(a)(2), the Virginia State Implementation Plan must
be amended.

9VAC5- 170 -20. Terms defined. "Administrative proceeding" means an informal fact finding or formal hearing. "Administrative Process Act" means Chapter 40 (§ 2.2-4000 et seq.) of Title 2.2 of the Code of Virginia. "Air pollution" means the presence in the outdoor atmosphere of one or more substances which that are or may be harmful or injurious to human health, welfare, or safety; to animal or plant life; or to property; or which that unreasonably interfere with the enjoyment by the people of life or property.

"Board" means the State Air Pollution Control Board or its designated representative. "Case decision" means any determination that a named party as a matter of past or present fact, or as a matter of threatened or contemplated private action, either is or is not, or may or may not be (i) in violation of any law or regulations, or (ii) in

co mpliance with any existing requirement for obtaining or retaining a permit or other right or benefit. Case decisions include, but are not limited to, consent orders, consent agreements, orders, special orders, emergency special orders, permits, waivers, and licenses. Case decisions do not include notices of violations, variances, regulations, or inspection reports.
"Confidential information" means secret formulae, secret processes, secret methods, or other trade secrets which that are proprietary information certified by the signature of the responsible person for the owner to meet the following criteria: (i) information for which the owner has been taking and will continue to take measures to protect confidentiality;, (ii) information that has not been and is not presently reasonably obtainable without the owner's consent by private citizens or other firms through legitimate means other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding;, (iii) information which that is not publicly available from sources other than the owner;, and (iv) information the disclosure of which would cause
substantial harm to the owner. "Consent agreement" means an agreement that the owner or another person will perform specific actions for the purpose of diminishing or abating the causes of air pollution or for the purpose of coming into compliance with the regulations of the board, by mutual agreement of the owner or another person and the board. "Consent order" means a consent agreement issued as an order. Consent orders may be issued without a formal hearing. "Department" means an employee or other representative of the Virginia Department of Environmental Quality as designated by the director. "Director" means the director Director of the Virginia Department of Environmental Quality or a designated representative. "Disclosure form" means the financial statement required by § 2.2-3114 of the State and Local Government Conflict of Interests Act (Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia).

## Regulations

Volume 31, Issue 4 Virginia Register of Regulations October 20, 2014

266 "Emergency" means a situation that immediately and unreasonably affects, or has the potential to immediately and unreasonably affect, public health, safety, or welfare; the health of animal or plant life; or property, whether used for recreational, commercial, industrial, agricultural, or other
reasonable use. "Emergency special order" means an order of the board issued under the provisions of § 10.1-1309 B of the Code of Virginia, after declaring a state of emergency and without a formal hearing, to owners who are permitting or causing air pollution to cease the pollution. These orders shall become invalid if a formal hearing is not held within 10 days after the
effective date. "Enabling law" or "enabling laws" means provisions of the Constitution and statutes of the Commonwealth of Virginia authorizing the board to make regulations or decide cases or containing procedural requirements therefor, including, but not limited to, the (i) Virginia Air Pollution Control Law and (i i) the Virginia Motor Vehicle Emissions Control Law. "Evidentiary hearing" means a formal proceeding which that provides opportunity for interested persons to submit factual proofs in formal proceedings as provided in § 2.2-4009 of the Administrative Process Act in connection with the making of regulations. Evidentiary hearings do not include the informational inquiries of an informal nature provided in § 2.2-4007.01 B of the Administrative Process Act. "Federal Clean Air Act" means 42 USC 7401 et seq., 91 Stat
685. "Formal hearing" means a formal proceeding which that provides for the right of private parties to submit factual proofs as provided in § 2.2-4020 of the Administrative
Process Act in connection with case decisions. Formal hearings do not include the factual inquiries of an informal nature provided in § 2.2-4019 of the Administrative Process
Act. "Informal fact finding" means an informal conference or consultation proceeding used to ascertain the fact basis for case decisions as provided in § 2.2-4019 of the
Administrative Process Act. "Locality" means a city, town, county, or other public body created by or pursuant to state law.
"Order" means a decision or directive of the board, including special orders, emergency special orders, and other orders of all types, rendered for the purpose of diminishing or abating the causes of air pollution or enforcement of the regulations of the board. Unless specified otherwise in the Virginia Air Pollution Control Law or in the regulations of the board, orders shall be issued only after the appropriate administrative proceeding. "Owner" means a person, including bodies politic and corporate, associations, partnerships, personal representatives, trustees, and committees, as well as individuals, who owns,
le ases, operates, controls, or supervises a source. "Party" means, for the purposes of Part VIII (9VAC5- 170

- 190 et seq.) of this chapter, a person named in the record who actively participates in the administrative proceeding or offers comments through the public participation process. The term "party" also means the department. "Person" means an individual, a corporation, a partnership,

an association, a governmental body, a municipal corporation, or another legal entity. "Pollutant" means a substance the presence of which in the outdoor atmosphere is or may be harmful or injurious to human health, welfare, or safety,; to animal or plant life,; or to property,; or which unreasonably interferes with the enjoyment by the people of life or property. "Potential conflict of interest" means a personal interest as defined in § 2.2-3101 of the State and Local Government Conflict of Interests Act (Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia). "Public hearing" means, unless indicated otherwise, an informal proceeding, similar to that provided for in § 2.2- 4007.01 B of the Administrative Process Act, held to afford people an opportunity to submit views and data relative to a matter on which a decision of the board is pending. "Public meeting" means an informal proceeding conducted by the department in conjunction with the notice of intended regulatory action to afford people an opportunity to submit comments relative to intended regulatory actions. "Public participation process" means any element of a board or department decision making process that involves the use of a public meeting, public hearing, or evidentiary hearing. "Regulations of the board" means regulations adopted by the State Air Pollution Control Board under a provision of the Code of Virginia. "Source" means one or combination of the following: buildings, structures, facilities, installations, articles, machines, equipment, landcraft, watercraft, aircraft, or other contrivances which that contribute, or may contribute, either directly or indirectly to air pollution. An activity by a person that contributes, or may contribute, either directly or indirectly to air pollution, including, but not limited to, open burning, generation of fugitive dust or emissions, and cleaning with abrasives or chemicals. "Special order" means an order of the board issued: 1. Under the provisions of § 10.1-1309 of the Code of Virginia: a. To owners who are permitting or causing air pollution to cease and desist from the pollution;

b. To owners who have failed to construct facilities in accordance with or have failed to comply with plans for the control of air pollution submitted by them to, and approved by the board, to construct facilities in accordance with or otherwise comply with the approved plan;

## Regulations

Volume 31, Issue 4 Virginia Register of Regulations October 20, 2014

267 c. To owners who have violated or failed to comply with the terms and provisions of an order or directive issued by the board to comply with the terms and provisions; d. To owners who have contravened duly adopted and promulgated air quality standards and policies to cease and desist from the contravention and to comply with the air quality standards and policies; and e. To require an owner to comply with the provisions of the Virginia Air Pollution Control Law and a decision of the board; or 2. Under the provisions of § 10.1-1309.1 of the Code of Virginia, which require that an owner file with the board a plan to abate, control, prevent, remove, or contain a substantial and imminent threat to public health or the environment that is reasonably likely to occur if the source ceases operations. "Variance" means the temporary exemption of an owner or other person from the regulations of the board, or a temporary change in the regulations of the board as they apply to an owner or other person. "Virginia Air Pollution Control Law" means Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1 of the Code of Virginia. "Virginia Motor Vehicle Emissions Control Law" means Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of Title 46.2 of the Code of Virginia. "Virginia Register Act" means Chapter 41 (§ 2.2-4100 et seq.) of Title 2.2 of the Code of Virginia.

PART IX
CONFLICT OF INTEREST

9VAC5- 170 -210. General.
A. Pursuant to § 128(a)(2) of the federal Clean Air Act, the board and the director, in their capacity of approving permits or enforcement orders, shall adequately disclose any potential conflicts of interest. Such disclosure shall be made annually through the applicable disclosure forms set forth in § 2.2-
3117 or 2.2-3118 of the State and Local Conflict of Interests Act (Chapter 31 (§ 2.2-3100 et seq.) of Title 2.2 of the Code of Virginia) as required in § 2.2-3114 of the State and Local
Conflict of Interests Act. All terms used in the disclosure forms shall have the meaning as set forth in the State and
Local Conflict of Interests Act. B. Conduct concerning personal interest in transactions shall be governed by § 2.2-3112 of the State and Local Conflict of Interests Act. All terms used regarding personal interest in transactions shall have the meaning as set forth in the State
and Local Conflict of Interests Act.

VA.R. Doc. No. R15-4088; Filed September 23, 2014, 2:11 p.m.



##  

# ––––––––––––––––––  TITLE 10. FINANCE AND FINANCIAL INSTITUTIONS

STATE CORPORATION COMMISSION

Proposed Regulation
REGISTRAR'S NOTICE: The State Corporation Commission is claiming an exemption from the Administrative Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia, which exempts courts, any agency of the Supreme Court, and any agency that by the Constitution is expressly granted any of the powers of a court
of record.
Title of Regulation: 10VAC5-120. Money Order Sellers and Money Transmitters (amending 10VAC5-120-10, 10VAC5-120-40, 10VAC5-120-50; adding 10VAC5-120- 60 through 10VAC5-120-100). Statutory Authority: §§ 6.2-1913 and 12.1-13 of the Code of Virginia. Public Hearing Information: A public hearing will be held upon request.
Public Comment Deadline: November 20, 2014. Agency Contact: Susan Hancock, Deputy Commissioner, Bureau of Financial Institutions, State Corporation Commission, P.O. Box 640, Richmond, VA 23218, telephone (804) 371-9701, FAX (804) 371-9416, or email susan.hancock@scc.virginia.gov. Summary:
The proposed amendments (i) define various terms and clarify the scope of the term "money transmission"; (ii) require additional reporting requirements for licensees; (iii) clarify permissible investments; (iv) prohibit licensees from providing false, misleading, or deceptive information to the Bureau of Financial Institutions or a Virginia resident; (v) clarify that the acts and omissions of a licensee's authorized delegates constitute acts and omissions of the licensee; (vi) require licensees and former licensees to maintain contact information with the bureau; (vii) add certain receivables from depository institutions as permissible investments and limit receivables under § 6.2- 1919 A 5 of the Code of Virginia as permissible investments; (viii) require licensees and their authorized delegates to dispose of records containing consumers' personal financial information in a secure manner; (ix) specify additional events that require licensees to file a written report with the Commissioner of Financial Institutions; (x) prescribe an application fee for any person submitting an application to acquire 25% or more of the ownership of a licensee; and (xi) prohibit licensees from allowing an authorized delegate to designate or appoint a subdelegate to sell money orders or engage in money
transmission business.

### 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

- pc SIP \ ASSESSMENT \F14- SIP

- 3.DOC