UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103

DATE: 07/24/2014

SUBJECT: Technical Support Document for the Virginia State Implementation Plan for 

Section 110(a)(2) of the Clean Air Act Infrastructure Requirements for the 2010

Sulfur Dioxide National Ambient Air Quality Standards

FROM: Ellen Schmitt, Environmental Scientist /s/ 7/28/2014

Office of Air Program Planning

TO: File

THRU: Cristina Fernandez, Associate Director /s/ M. Powers 7/24/14

Office of Air Program Planning 

A. INTRODUCTION

The Environmental Protection Agency (EPA) is taking action on a submittal made by the 

Commonwealth of Virginia to meet the Clean Air Act (CAA) Section 110(a)(2) requirements of 

the 2010 sulfur dioxide (SO2) national ambient air quality standards (NAAQS).

B. BACKGROUND

On June 22, 2010, EPA promulgated a revised NAAQS for the 1-hour primary SO2

standard at a level of 75 parts per billion (ppb), based on a 3-year average of the annual 99th

percentile of 1-hour daily maximum concentrations. 75 FR 35520.

Section 110(a) of the CAA requires states to submit State Implementation Plans (SIPs) to 

provide for the implementation, maintenance, and enforcement of a new or revised NAAQS 

within three years following the promulgation of such NAAQS or within such shorter period as 

EPA may prescribe. Section 110(a) imposes the obligation upon states to make a SIP submission 

to EPA for a new or revised NAAQS, but the contents of that submission may vary depending 

upon the facts and circumstances. In particular, the data and analytical tools available at the time 

the state develops and submits the SIP for a new or revised NAAQS affects the content of the 

submission. The contents of such SIP submissions may also vary depending upon provisions 

already contained in the state’s existing SIP. More specifically, Section 110(a)(1) provides the 

procedural and timing requirements for SIPs. Section 110(a)(2) lists specific elements that states 

must meet for “infrastructure” SIP requirements related to a newly established or revised 

NAAQS. For the 2010 SO2 NAAQS, states typically have met many of the basic program
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elements required in Section 110(a)(2) of the CAA through earlier SIP submissions in 

connection with previous SO2 standards.

C. EPA REQUIREMENTS

As discussed above, for the 2010 SO2 NAAQS, states must provide SIP submissions, or 

provide certification that the existing SIP contains provisions addressing relevant infrastructure 

SIP elements from Sections 110(a)(2)(A) through (M) of the CAA. 

D. STATE’S SUBMITTAL

On June 23, 2014, Virginia provided a submittal to satisfy the requirements of Section 

110(a)(2) of the CAA for the 2010 SO2 NAAQS. This submittal addressed the following 

infrastructure elements that EPA is proposing to approve: Section 110(a)(2)(A), (B), (C), 

(D)(i)(II) (for prevention of significant deterioration), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J)

(consultation, public notification, and prevention of significant deterioration), (K), (L), and (M)

of the CAA. EPA is taking separate action on the portions of Section 110(a)(2)(D)(i)(II) and (J) 

as they relate to visibility protection and (E)(ii) as it relates to State Board requirements under 

Section 128. This submittal did not address element (I) which pertains to the nonattainment 

requirements of part D, Title I of the CAA, since this element is not required to be submitted by

the 3-year submission deadline of CAA Section 110(a)(1), and will be addressed in a separate 

process. Virginia’s submittal also did not include a portion to address Section 110(a)(2)(D)(i)(I)

(interstate transport of emissions); therefore, EPA will take later, separate action on Section 

110(a)(2)(D)(i)(I) for the 2010 SO2 NAAQS.

E. EVALUATION OF STATE SUBMITTAL

1. Section 110(a)(2)(A)

Virginia’s June 23, 2014 SIP submittal for the 2010 SO2 NAAQS cites several state 

regulations relevant to SO2 that provide for enforceable emission limitations and other control 

measures, means or techniques, as well as schedules and timetables for compliance. These 

regulations include the following 9 VAC 5 Chapters: 40 (Existing Stationary Sources)1, 50 

(New and Modified Stationary Sources), 91 (Motor Vehicle Inspection and Maintenance in 

Northern Virginia), and 140 (Emissions Trading), all of which have been approved into the 

Virginia SIP at 40 CFR 52.2420(c). EPA finds that Virginia has established laws and regulations 

in its SIP applicable to the 2010 SO2 NAAQS to meet the applicable requirements of CAA 

Section 110(a)(2)(A) through the measures in these regulations. Therefore, EPA finds Virginia’s 

infrastructure SIP submittal for the 2010 SO2 NAAQS meets the requirements of CAA Section 

110(a)(2)(A).

 

1

9 VAC 5 Chapter 40 includes emission standards for SO2 for many source categories including, but not limited to, 

Portland cement, primary and secondary metal operations, sulfuric acid production, sulfur recovery operations, and 

lightweight aggregate process operations.
3

EPA does not consider SIP requirements triggered by the nonattainment area mandates in 

part D of Title I of the CAA to be governed by the submission deadline of Section 110(a)(1). 

Nevertheless, the Commonwealth of Virginia may have included some previously EPAapproved SIP provisions originally submitted in response to part D in its submission 

documenting its compliance with the requirements of Sections 110(a)(l) and (2) of the CAA. For 

the purposes of this action, EPA has reviewed Virginia’s 110(a)(2) SIP submittal, which may

include rules originally submitted in response to part D, or references thereto, solely for the 

purposes of determining whether such submittals support a finding that the Commonwealth has 

met the basic infrastructure requirements under section 110(a)(2).

In this action, EPA is not proposing to approve or disapprove any existing Virginia

provisions with regard to excess emissions during Startup, Shutdown, and Malfunction (SSM) of 

operations at a facility. EPA believes that a number of states have SSM provisions which are 

contrary to the CAA and existing EPA guidance (August 11, 1999 Steven Herman and Robert 

Perciasepe Guidance Memorandum, “State Implementation Plans: Policy Regarding Excess 

Emissions During Malfunctions, Startup, and Shutdown”), and the Agency is addressing such 

state regulations in a separate rulemaking. See 78 FR 12460 (February 22, 2013). In the 

meantime, EPA encourages any state having a deficient SSM provision to take steps to correct it 

as soon as possible.

Also in this action, EPA is not proposing to approve or disapprove any existing Virginia

rules with regard to director’s discretion or variance provisions. EPA believes that a number of 

states have such provisions which are contrary to the CAA and existing EPA guidance (see 52 

FR 45109, November 1987), and EPA is addressing such state regulations in a separate 

rulemaking. See 78 FR 12460. In the meantime, EPA encourages any state having a director’s 

discretion or variance provision which is contrary to the CAA and EPA guidance to take steps to 

correct the deficiency as soon as possible.

2. Section 110(a)(2)(B)

Virginia has established and currently operates appropriate devices, methods, systems, 

and procedures necessary to monitor, compile, and analyze data on ambient air quality. Virginia 

maintains and operates a multi-station network of ambient monitors throughout the 

Commonwealth to measure ambient air quality levels for comparison to each NAAQS as 

required by 40 CFR 58. The locations of these monitoring stations can be found in Virginia’s 

Annual Network Review for 2013, the most recent year available at the time of this evaluation,

EPA approved Virginia’s 2013 Annual Air Quality Monitoring Network Design Plan as meeting 

40 CFR 58.10 on December 10, 2013. Virginia’s 2013 Annual Network Review and EPA’s 

December 10, 2013 approval is provided for reference in the docket for this rulemaking action 

available at www.regulations.gov. 

Virginia provides such ambient air quality data to EPA and keeps EPA informed of 

changes to the sampling network by providing prior notification of any planned changes and 

seeking approvals of the changes. Virginia sends EPA an annual summary of all changes to the 
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network, which includes a description, explanation, and other relevant information regarding 

each change.

All data is measured using EPA approved methods as either Reference or Equivalent 

monitors. All monitors are subjected to the quality assurance requirements of 40 CFR 58, 

Appendix A, and all samplers are located at sites that have met the minimum siting requirements 

of 40 CFR 58, Appendix E. The data is submitted to EPA’s Air Quality System (AQS) system, 

in a timely manner in accordance with the scheduled prescribed by EPA in 40 CFR 58. 

Therefore, EPA finds Virginia’s infrastructure SIP submittal for the 2010 SO2 NAAQS meets the 

requirements of CAA Section 110(a)(2)(B).

3. Section 110(a)(2)(C)

EPA finds that Virginia has established and currently operates a program in order to meet 

the applicable requirements of the CAA for Section 110(a)(2)(C). This program provides for the 

enforcement, as may be necessary or appropriate, of the emission limitations and other control 

measures, means, or techniques, as well as schedules and time tables for compliance as 

previously discussed for Section 110(a)(2)(A). Virginia states in its infrastructure SIP submittal 

that enforcement provisions and permit provisions are found in those portions of 9 VAC 5 

Chapter 80 (Permits for Stationary Sources) and Part V (Enforcement) of 9 VAC 5 Chapter 170 

(General Administration) which are both identified as part of the Federally-approved Virginia 

SIP at 40 CFR 52.2420. Other aspects for enforcement are found in the source monitoring, 

source testing and test methods, and record keeping and reporting provisions of 9 VAC 5 

Chapters 40, 50, and 140, which are all part of the Federally-approved Virginia SIP. 

Virginia also has an EPA SIP-approved minor new source review (NSR) program located 

in 9 VAC 5-80-10 (New and Modified Stationary Sources) and 9 VAC 5-80-11 (Stationary

source permit exemption levels) which regulate certain modifications and construction of 

stationary sources within areas covered by its SIP as necessary to assure the NAAQS are 

achieved. EPA finds Virginia’s infrastructure SIP submittal for the 2010 SO2 NAAQS meets the 

requirements of CAA Section 110(a)(2)(C) for enforcement and regulation of minor sources and 

minor modifications.

In addition, Section 110(a)(2)(C) requires each state’s SIP to include a program to provide for 

the regulation of the modification and construction of any stationary source within the areas 

covered by the plan including a permit program as required in part C of Title I of the CAA. In 

Virginia, construction and modification of stationary sources are covered under Article 8, 

Permits for Major Stationary Sources and Major Modifications Locating in Prevention of 

Significant Deterioration Areas (9 VAC 5-80-1605 et seq.) which is included in the approved 

Virginia SIP. See 40 CFR 52.2420(c). Article 8 also provides that construction and modification 

of major stationary sources will not cause or contribute to a violation of any NAAQS (9 VAC 5-

80-1635, Ambient Air Increments and 9 VAC 5-80-1645, Ambient Air Ceilings) and requires 

application of Best Available Control Technology to new or modified sources (9 VAC 5-80-

1705, Control Technology Review).
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On February 25, 2014, EPA approved revisions to Virginia’s prevention of significant 

deterioration (PSD) permit program pertaining to preconstruction permitting requirements for 

sources of fine particulate matter (PM2.5). See 79 FR 10377. With these revisions fully

approved, EPA finds Virginia’s SIP-approved PSD program now contains all of the emission 

limitations, control measures, and other program elements required by the CAA in part C of Title 

I and by 40 CFR 51.165 and 51.166 for all required pollutants (and “regulated NSR pollutants”), 

including PM2.5. Id. (also approving Virginia’s infrastructure SIP submittals for the 1997 8-hour 

ozone and PM2.5 NAAQS, the 2006 PM2.5 NAAQS, and the 2008 lead NAAQS as meeting PSD 

requirements in Section 110(a)(2) of the CAA).

Thus, EPA finds Virginia’s infrastructure SIP submittal for the 2010 SO2 NAAQS meets 

the requirements of CAA Section 110(a)(2)(C) because the Virginia SIP includes a fully 

approved PSD permitting program meeting requirements in the CAA and 40 CFR 51.165 and 

51.166.

4. Section 110(a)(2)(D)(i)(I)

Virginia’s June 23, 2014 infrastructure SIP submission for the 2010 SO2 NAAQS did not 

include a component to address Section 110(a)(2)(D)(i)(I) relating to interstate transport. 

Therefore, in this notice, EPA is not proposing to act on element (D)(i)(I) for Virginia’s June 23, 

2014 submission. EPA will take later, separate action with respect to this element and any 

potential obligation Virginia may have. 

5. Section 110(a)(2)(D)(i)(II)

Section 110(a)(2)(D)(i)(II) consists of what the EPA refers to as prong 3 (interference 

with PSD) and prong 4 (interference with visibility protection). Prong 3 requires that each 

state’s SIP must include provisions which will prevent emissions from interfering with the 

measures required by another state for implementing PSD. Under 40 CFR 51.166(k)(1), each 

state’s SIP must include requirements for a source impact analysis which requires the 

owner/operator of each proposed source or modification to demonstrate that the allowable 

emissions increase from the proposed project will not “cause or contribute to air pollution in 

violation of: (i) Any national ambient air quality standard in any air quality control region.” The 

requirements set forth at 40 CFR 51.166(k)(1) are consistent with, and sufficient to meet, the 

requirements of prong 3. In Virginia, the equivalent requirement to 40 CFR 51.166(k)(1) is 

codified at 9 VAC 5-80-1715, which has been incorporated into the Virginia SIP. In addition, as 

discussed above in detail for Section 110(a)(2)(C), Virginia has an approved PSD permitting

program in its SIP which meets requirements of the CAA and 40 CFR 51.165 and 51.166 for a 

permit program meeting part C of Title I of the CAA. Thus, EPA finds Virginia’s infrastructure 

SIP for the 2010 SO2 NAAQS meets requirements in CAA 110(a)(2)(D)(i)(II) for PSD. 

With respect to prong 4, Section 110(a)(2)(D)(i)(II) requires that SIPs include provisions 

prohibiting any source or other type of emissions activity in one state from interfering with 
6

measures to protect visibility required to be included in another state’s SIP. In describing how 

its submission meets this requirement, the Commonwealth referred to its October 4, 2012 

Regional Haze SIP submittal which included reliance on the Clean Air Interstate Rule (CAIR) 

for electrical generating units (EGUs).2 EPA finalized a limited approval of the Virginia 

Regional Haze SIP, indicating that, except for its reliance on CAIR the SIP met CAA 

requirements for the first planning period of the regional haze program (77 FR 35287, June 13, 

2012). EPA issued a limited disapproval of Virginia’s regional haze SIP (and other states’ 

regional haze SIPs that similarly relied on CAIR) because EPA believed that full approval of the 

SIP was not appropriate in light of the United States Court of Appeals for the District of 

Columbia Circuit’s remand of CAIR and the uncertain remaining period of operation of CAIR. 

EPA also finalized a limited federal implementation plan (FIP) for Virginia, which merely 

substituted reliance on EPA’s more recent Cross State Air Pollution Rule (CSAPR) nitrogen 

oxide (NOx) and SO2 trading programs for EGUs for the SIP’s reliance on CAIR (77 FR 33642, 

June 7, 2012).

However, due to recent litigation surrounding CAIR and its replacement CSAPR, EPA is 

not proposing action at this time on Virginia’s infrastructure SIP regarding Section 

110(a)(2)(D)(i)(II) for visibility protection for the 2010 SO2 NAAQS. Although Virginia’s

infrastructure SIP submittal for the 2010 SO2 NAAQS referred to Virginia’s Regional Haze SIP 

for Section 110(a)(2)(D)(i)(II) for visibility protection, EPA intends to take separate action on 

Virginia’s submittal for this specific portion of element (D)(i)(II) at a later date.

6. Section 110(a)(2)(D)(ii)

EPA finds that the Virginia SIP meets obligations for CAA Section 126, “Interstate 

Pollution Abatement,” which 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 and NSR permitting programs which are 

included in the Virginia SIP and have been approved by EPA as meeting CAA requirements for 

parts C and D permit programs. The provisions to implement PSD for part C of Title I of the 

CAA are in Article 8 (Permits for Major Stationary Sources and Major Modifications Locating in 

Prevention of Significant Deterioration Areas) of Part II of 9 VAC 5 Chapter 80 and in 9 VAC 5 

Chapter 85 (Permits for Stationary Sources Subject to Regulation), which have both been 

approved in Virginia’s SIP in 40 CFR 52.2420(c). Additionally, 9 VAC 5-80-1775 specifically

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

affected by emissions from the source or modification. 

EPA concurs with Virginia that Virginia has no currently pending obligations pursuant to 

CAA Section 126(b) related to the 2010 SO2 NAAQS. Additionally, there are no findings under 

CAA section 115, “International Air Pollution”, against Virginia with respect to the 2010 SO2

NAAQs. EPA finds the approved Virginia SIP has adequate provisions insuring future 

compliance with the requirements of Sections 126 and 115 of the CAA as may be necessary.

 

2 On May 12, 2005, EPA published CAIR, which requires significant reductions in emissions of SO2 and NOx

from EGUs to limit 

the interstate transport of these pollutants and the ozone and fine particulate matter they form in the atmosphere. 70 FR 25162.
7

Based upon EPA’s review of the submittal, EPA finds Virginia’s infrastructure SIP 

submittal for the 2010 SO2 NAAQS meets the requirements of CAA section 110(a)(2)(D)(II). 

7. Section 110(a)(2)(E)(i)

EPA finds Virginia has demonstrated it has adequate personnel to carry out its

implementation plan with respect to the 2010 SO2NAAQS. The Code of Virginia Title 10.1 

Chapter 13, “Air Pollution Control Board” gives broad authority to develop, implement and 

enforce the SIP. The resources to carry out the SIP are provided through Virginia’s General 

Funds, Title V funds, and the Section 103 and 105 grant process. Title V fees are collected 

under the authority of Code of Virginia Title 10.1-1322. Virginia’s Title V fee requirements are 

located in Article 2 (Permit Program Emissions Fees for Stationary Sources) of 9 VAC 5-80 

(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. Therefore, EPA finds Virginia’s infrastructure SIP submittal 

for the 2010 SO2 NAAQS meets the requirements of CAA Section 110(a)(2)(E)(i).

8. Section 110(a)(2)(E)(ii)

EPA will take separate action on this portion of Section 110(a)(2)(E) for the 2010 SO2

NAAQS as it relates to CAA Section 128, “State Boards.”

9. Section 110(a)(2)(E)(iii)

Virginia does not rely on localities for specific SIP implementation. Therefore, EPA 

finds Virginia’s infrastructure SIP submittal for the 2010 SO2 NAAQS meets the requirements of

CAA Section 110(a)(2)(E)(iii). 

10. Section 110(a)(2)(F)

Specific monitoring requirements governing the Control of Air Pollution are found 

throughout the Virginia Administrative Code, including 9 VAC 5 Chapters 20, 40, 50, and 80. 

These regulations are included in Virginia’s approved SIP and are listed in 40 CFR 52.2420 and 

also apply to the 2010 SO2 NAAQS.

Requirements for periodic reports on the nature, amounts of emissions, and emissionsrelated data are included in 9 VAC 5-20-160 (Registration). This data is also required by Part I 

of 9 VAC 5 Chapter 40 (Existing Stationary Sources) as well as Parts I and II of 9 VAC 5 

Chapter 50 (New and Modified Stationary Sources). The correlation of such reports is included 

in Part I of 9 VAC 5 Chapter 40 and Part II of 9 VAC 5 Chapter 50. In addition, 9 VAC 5-170-

60 (Availability of information) of Part II of 9 VAC 5 Chapter 170 (Regulation for General 

Administration) requires that these reports be publicly available. These SIP provisions are 
8

approved under 40 CFR 52.2420 as part of the Virginia SIP.

Therefore, EPA finds Virginia’s infrastructure SIP submittal for the 2010 SO2 NAAQS

meets the requirements of CAA Section 110(a)(2)(F).

11. Section 110(a)(2)(G)

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. 

All areas of Virginia are classified as Priority III areas, except the Eastern TennesseeSouthwestern Virginia and the National Capital Interstate Air Quality Control Regions which are 

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

classified as Priority II.

Virginia’s emergency plans are found in 9 VAC 5 Chapter 70 (Air Pollution Prevention) 

and are SIP-approved in 40 CFR 52.2420. These plans meet all the current requirements as 

promulgated in 40 CFR 51, subpart H. Accordingly, EPA finds Virginia’s infrastructure SIP 

submittal for the 2010 SO2 NAAQS meets the requirements of CAA Section 110(a)(2)(G).

12. Section 110(a)(2)(H)

Virginia has demonstrated that it has adequate authority to revise the SIP under the Code 

of Virginia, Title 10.1, Chapter 13, Air Pollution Control Board, specifically 10.1-1306. This 

provision 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, section 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.

These submissions also provide EPA with adequate assurances that Virginia will review 

and revise its SIP from time to time as may be necessary to take account of revisions of such 

primary or secondary NAAQS or the availability of improved or more expeditious methods of 

attaining such standards and, whenever the Administrator finds, on the basis of information 

available to the Administrator, that the plan is substantially inadequate to attain the NAAQS 

which it implements, or to otherwise comply with any additional requirements established under 

the CAA. Therefore, EPA finds Virginia’s infrastructure SIP submittal for the 2010 SO2 
9

NAAQS meets the requirements of CAA Section 110(a)(2)(H).

13. Section 110(a)(2)(I)

Virginia’s June 23, 2014 SIP submittal for the 2010 SO2 NAAQS did not include or 

address Section 110(a)(2)(I) of the CAA which pertains to the nonattainment requirements of 

part D, Title I of the CAA. EPA does not expect infrastructure SIP submissions to address this 

element because nonattainment area plans required under part D are required on a different 

schedule from the CAA Section 110(a)(2) infrastructure elements and, thus, will be reviewed and 

acted upon through a separate process as required. 

14. Section 110(a)(2)(J)

Section 121 (relating to consultation). All Virginia 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 9

VAC 5 Chapter 5, Public Participation Guidelines.

Virginia also provides opportunity for consultation with federal land managers through 

Article 8 (Permits for Major Stationary Sources and Major Modifications Locating in Prevention 

of Significant Deterioration Areas), Part II of 9 VAC 5 Chapter 80 (Permits for Stationary

Sources) specifically through 9 VAC 5-80-1765 (Sources affecting federal class I areas –

additional requirements). 

Section 127 (relating to public notification). Air quality data from Virginia’s monitoring 

network is published on the Department of Environmental Quality website. As part of the 

Section 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 (relating to visibility protection). With regard to the visibility protection aspect of 

110(a)(2)(J), EPA recognizes that states are subject to visibility and regional haze program 

requirements under part C of the Act (which includes sections 169A and 169B). In the event of 

the establishment of a new NAAQS, however, the visibility and regional haze program 

requirements under part C do not change. Thus, EPA finds that there are no applicable visibility

obligations under part C “triggered” under section 110(a)(2)(J) when a new NAAQS becomes 

effective. Virginia has submitted SIP revisions to satisfy the requirements of the CAA Section 

169A and 169B, and the regional haze and BART rules contained in 40 CFR 51.308. 

On June 13, 2012, EPA published a final rulemaking regarding Virginia’s regional haze 

program, consisting of a limited approval and a limited disapproval. See 77 FR 35287. 

However, due to litigation involving CAIR and CSAPR which are involved in Virginia’s 
10

regional haze plan, EPA is not proposing action on Virginia’s infrastructure SIP submittal 

regarding 110(a)(2)(J) for visibility protection at this time. EPA will take later, separate action 

on Virginia’s submittal regarding this element. See Section 110(a)(2)(D)(i)(II) for additional 

discussion pertaining to visibility protection.

EPA finds Virginia’s infrastructure SIP submittal for the 2010 SO2 NAAQS meets the 

requirements of CAA Section 110(a)(2)(J) relating to consultation, public notification, and the 

part C permitting program. 

15. Section 110(a)(2)(K)

EPA finds Virginia has the authority and technical capability to conduct air quality

modeling in order to assess the effect on ambient air quality relevant pollutant emissions and will 

continue to perform such modeling. Article 8, Permits for Major Stationary Sources and Major 

Modifications Locating in Prevention of Significant Deterioration Areas (9 VAC 5-80-1605 et 

seq.) of 9 VAC 5-80 (Permits for Stationary Sources) contains requirements for pre-construction 

and post-construction monitoring and modeling. 9 VAC 5-80-1715 (Source impact analysis), 9

VAC 5-80-1725 (Air quality models), and 9 VAC 5-80-1735 (Air quality analysis) provide detail 

on modeling requirements. Article 8 is included as part of the Virginia SIP as noted in 40 CFR 

52.2420. Virginia will continue to submit to EPA the air quality modeling data as part of 

Virginia’s relevant SIP submissions, permit actions, and through Federal grant commitments or 

in other ways that EPA may request. Therefore, EPA finds Virginia’s infrastructure SIP 

submittal for the 2010 SO2 NAAQS meets the requirements of CAA Section 110(a)(2)(K).

16. Section 110(a)(2)(L)

EPA finds Virginia’s submission adequately addresses this requirement by explaining 

that these requirements are located in Article 2, Permit Program Fees for Stationary Sources (9

VAC 5-80-310 et seq.) of 9 VAC 5-80 (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. Virginia’s Title V 

program fees are used to fund programs such as the permitting of new and existing sources of air 

pollution, compliance and enforcement of sources of air pollution including program 

development and SO2 plan implementation as discussed above in Section 110(a)(2)(E). 

Therefore, EPA finds Virginia’s infrastructure SIP submittal for the 2010 SO2 NAAQS

meets the requirements of CAA Section 110(a)(2)(L).

17. Section 110(a)(2)(M)

All SIP revisions undergo public participation following 40 CFR 51.102 and provide for 

comment by the public including local political subdivisions. Additionally, the Code of Virginia 

under § 10.1-1307A requires advising, consulting, and cooperating with all agencies of the 
11

Commonwealth, political subdivisions, private industries, and any other affected groups when 

developing programs to improve or maintain air quality. Further, all regulations in Virginia are 

subject to the Administrative Process Act (Code of Virginia, Title 2.2, Administration of 

Government, Chapter 40). Regulations promulgated by the State Air Pollution Control Board 

are also governed by 9 VAC 5 Chapter 5, Public Participation Guidelines. Therefore, EPA finds 

Virginia’s infrastructure SIP submittal for the 2010 SO2 NAAQS meets the requirements of CAA 

Section 110(a)(2)(M).

F. CONCLUSIONS AND RECOMMENDED AGENCY ACTION

EPA’s analysis of Virginia’s infrastructure submittal for the 2010 SO2 NAAQS concludes 

that Virginia’s submittal meet the requirements of Section 110(a)(2)(A), (B), (C), (D)(i)(II) (for 

prevention of significant deterioration), (D)(ii), (E)(i), (E)(iii), (F), (G), (H), (J) (relating to 

consultation, public notification, and prevention of significant deterioration), (K), (L), and (M). 

It is recommended that a notice of proposed rulemaking be prepared approving Virginia’s 

infrastructure submittal for the 2010 SO2 NAAQS for the elements listed above and discussed 

herein. EPA will take later, separate action on the following infrastructure SIP submission 

elements for the 2010 SO2 NAAQS: Section 110(a)(2)(D)(i)(I) (interstate transport), (D)(i)(II)

(visibility protection), (E)(ii) (Section 128, State Boards), and (J) (visibility protection).