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 I I 05, Richmond, Virginia 23218 

www.deq.virgin ia.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 

David K. Paylor 

Director 

(804) 698-4020 

1-800-592-5482 

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 under 
Virginia law, and submitted to the Virginia Registrar on behalf of the board by the Department 

of Environmental Quality as a true and accurate copy of the duly adopted regulation on 

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, PM2.5

(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 only 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 reference 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 IX CONFLICT OF INTEREST (added)

9VAC5-170-210 General (added)

 Subsection B

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SIP\ASSESSMENT\F14-SIP-1.DOC
COMMONWEALTH 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 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 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 the 
COMMONWEALTH 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.

 "Department" 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 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 (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 

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. 
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.

 "Potential 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 department 
COMMONWEALTH 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 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 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 

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 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 comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan was held from November 17 to December 17, 2014. 

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 Regulations, 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 received. The attached copy of the 

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

51. 

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

of the public comment period, as was each local air pollution control agency which will 

be significantly affected by the revision and is located in the affected Air Quality Control 

Regions. In addition, the District of Columbia, Maryland and Tennessee, which share

affected interstate Air Quality Control Regions with Virginia, were notified of the public 

comment period. These notifications follow the requirements of 40 CFR Part 

51.102(d)(3), (4) and (5).

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 

board by the Department of Environmental Quality as a true and accurate copy of the 

duly adopted regulation on September 23, 2014. 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 

STATE 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 the 

requirements of federal law or regulations provided such 

regulations do not differ materially from those required by 

federal law or regulation. The State Air Pollution Control 

Board will receive, consider, and respond to petitions by any 

interested person at any time with respect to reconsideration 

or revision. 

Title of Regulation: 9VAC5-170. 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 

compliance 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 

(ii) 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, 

leases, 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

The complete record of public participation activities is located at the Air Division of the 

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division. 

The state did not receive comments on this particular revision. 

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