**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 In frastructure Requirements for the 20 10 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) S ection 110(a)(2) requirements of the 20 10 sulfur dioxide (S O 2 ) national ambient air quality standards (NAAQS ).
**B . BACKGROUND**  On June 22, 2010 , EPA promulgated a revised NAAQS for the 1
- hour primary SO 2 standard at a level of 75 parts per billion (ppb), based on a 3
- ye ar average of the annual 99 th percentile of 1
- hour daily maximum concentrations. 75 FR 35520. Section 110(a) of the CAA requires states to submit State Implementation Plans ( SIP s) to provide for the implementation, maintenance, and enforcement of a n ew 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 conte nts of that submission may vary depending upon the facts and circumstances
. In particular, the data and anal yt ical 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 co ntents of such SIP submissions may also vary depending upon provisions already contained in the state’s existing SIP
. More specificall y, S ection 110(a)(1) provides the procedural and timing requirements for SIPs
. Section 110(a)(2) lists specific eleme nts that states must meet for “ infrastructure ” SIP requirements related to a newl y established or revised NAAQS
. For the 2010 SO 2 NAAQS, states ty pically have met many

of the basic program2

elements required in S ection 110(a)(2) of the CAA through earlier SIP submissions in connection with previous SO 2 standards. **C. EPA REQUIREMENTS** As discussed above, for the 20 10 S O 2 NAAQS , s tates must provide SIP submissions , or provide certification that the existing SIP contains provisions addressing relevant infrastructure SIP elements from S ection s 110(a)(2) (A) through (M) of the CAA
. **D . STATE**  **’S SUBMITTAL**  On June 23 , 201 4 , Virginia provided a submittal to satisfy the requirements of S ection 110(a) (2) of the CAA for the 20 10 S O 2 NAAQS
. Th is submittal addressed the following infrastructure elements that EPA is proposing to approv e : S ection 110(a)(2)(A), (B), (C), (D)(i)(II) (for p revention of s ignificant d eterioration ), (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 S tate B oard requirement s under Section 128
. This submittal did not address element (I) which pertains to the nonattainment requirements of part D, Title Iof the CAA, since this element is not required to be submitted by the 3
- ye ar submission deadline of CAA S ection 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 S ection 110(a)(2)(D)(i)(I) for the 2010 SO 2 NAAQS.
**E. EVALUATION OF STATE SUBMITTAL 1.**  **Section 110(a)(2)(A)** Virginia’s June 23 , 201 4 SIP submittal for the 20 10 S O 2 NAAQS cites several state regulations relevant to S O 2 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 Chapter s: 40 (Existing Stationary Sources) 1 , 50 (New and Mod ified 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 SO 2 NAAQS to meet the applicable requirements of CAA S ection 110(a)(2) (A) through the measures in these regulations. Therefore, EPA finds Virginia’s infrastructure SIP submittal for the 2010 S O 2 NAAQS meets the requirements of CAA S ection 110(a)(2)( A ).

1 9 VAC 5 Chapter 40 includes emission standards for SO 2 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 b y the submission deadline of S ection 110(a)(1). Nevertheless, the Comm onwealth of Virginia may have included some previou sly EPA
approve d SI P provisions originall y submitted in response to part D in its submission documenting its compliance with the requirements of S ections 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 includ e rules originall y s ubmitted 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 an y existing Virginia provisions with regard to excess emissions during Startup, Shutdown, and Malfunction (S SM) 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 an y s tate 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 an y 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
. Inthe meantime, EPA encourages any s tate having a direct or’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, sy stems, and procedures necessary to monitor, compile, and anal yz e 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 b y 40 CFR 58. The locations of these monitoring stations can be found in Virginia’s Annual Network R eview for 201 3 , the most recent year available at the time of this evaluation , EPA approved Virginia’s 201 3 Annual Air Quality Moni toring 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 b y providing prior notification of an y planned changes and seeking approvals of the changes
. Virginia sends EPA an annual summary of all changes to the4

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 s ites that have met the minimum s iting requirements of 40 CFR 58, Appendix E. The data is submitted to EPA’s Air Quality Sy stem (AQS) s ys tem, in a timely

manner in accordance with the scheduled prescribed b y EPA in 40 CFR 58. Therefore, EPA finds Virginia’s infrastructure SIP submittal for the 2010 S O 2 NAAQS meets the requirements of CAA S ection 110(a)(2)(B).
**3. Se**  **ction 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 provide s 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 e nforcement 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 Federall y - appro ved 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 Federall y - app roved 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 modificat ion s and construction of stationary sources within areas covered b y its SIP as necessary to assure the NAAQS are achieved. EPA finds Virginia’s infrastructure SIP submittal for the 2010 S O 2 NAAQS meets the requirements of CAA S ection 110(a)(2)(C) for enforcement and regulation of minor sources and minor modifications
. In addition, S ection 110(a)(2)(C) requires each state’s SIP to include a program to provide for the r egulation of the modification and construction of any stationary

source within th e areas covered b y the plan i ncluding 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 Lo cating 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 cau se 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 R eview).5

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 ( PM 2.5 ). 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 b y the CAA in part C of Title I and by 40 CFR 51.165 and 51.166 for all r equired pollutants (and “regulated NSR pollutants”) , including PM 2.5 . Id. (also approving Virginia’s infrastructure SIP submittals for the 1997 8
- hour ozone and PM 2.5 NAAQS, the 2006 PM 2.5 NAAQS, and the 2008 lead NAAQS as meeting PSD requirements in Sect ion 110(a)(2) of the CAA). Thus, EPA finds Virginia’s infrastructure SIP submittal for the 2010 S O 2 NAAQS meets the requirements of CAA S ection 110(a)(2)( C ) because the Virginia SIP includes a full y approved PSD permi tt ing 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 2 3, 201 4 infrastructure SIP submission for the 2010 S O 2 NAAQS did not include a component to address S ection 110(a)(2)(D)(i)(I) relating to interstate transport
. Therefore, in this notice, EPA is not p roposing to act on element (D)(i)(I) for Virginia’s June 2 3, 201 4 submission . EPA will take later , separate action with respect to this element and an y potential obligation Virgini a 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 b y another state for implementing PSD. Under 40 CFR 51.166(k)(1), each state’s SIP must include requirements for a source impact anal ys is 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

nationa l ambient air qualit y standard in an y ai r 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 CF R 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 SO 2 NAAQS meets requirements in CAA 110(a)(2)(D)(i)(II) for PSD. With respect to prong 4, S ection 110(a)(2)(D)(i)(I I) requires that SIPs include provisions prohibiting an y source or other type of emissions activity in one state from interfering with6

measures to protect visibility required to be included in another state’s SIP. Indescribing how its submission meets th is 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 R egional H aze 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 s tates’ 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 relian ce on EPA’s more recent Cross State Air Pollution Rule ( CSAPR) nitrogen oxide (NO x) and SO 2 trading programs for EGUs for the SIP’s reliance on CAIR (77 FR 33642, June 7, 2012). However, d

ue to recent litigation surrounding CAIR and its replacement CSAPR , EPA is not proposing action at this time on Virginia’s infrastructure SIP regarding Sectio n 110(a)(2)(D)(i)(II) for visibility protection for the 20 10 SO 2 NAAQS . Although Virg inia ’s infrastructure SIP submittal for the 2010 SO 2 NAAQS referred to Virginia’s R egional H aze SIP for S ection 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 S ection 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 SO 2 in Virginia are currently sub ject 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 Iof the CAA are in Article 8 ( Permits for Major Stationary Sources and Major Modifications L ocating 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 b y emissions from the source or modification. EPA concurs with Virginia that Virginia has no currentl y pending obligations pursuant to CAA Section 126(b) related to the 20 10 SO 2 NAA QS. Additionally , there are no findings under CAA section 115, “International Air Pollution”, against Virginia with respect to the 2010 SO 2 NAAQs. EPA finds the approved Virginia SIP h as adequate provisions insuring future compliance with the requirements of S ections 126 and 115 of the CAA as may be necessary
.

2 On May 12, 2005, EPA published CAIR, w hich requires significant reductions in emissions of SO 2 and NO x from EGUs to limit the interstate transport of these pollutants and the ozone and fine particulate matt er they form in the atmosphere. 70 FR 25162.7

Based upon EPA’s review of the submittal, EPA finds Virginia ’s infrastruc ture SIP submittal for the 2010 SO 2 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 ha s adequate personnel to carry out its implementation plan with respect to the 20 10 SO 2NAAQS
. The Code of Virginia Title 10.1 Chapter 13, “Air Pollution Control Board” gives broad authority to develop, implement and enforce the SI P
. The resources to carry out the SIP are provided through Virginia’s General Funds, Title V funds, and the S ection 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 (Perm its for Stationary

Sources). These regulations are part of Virginia’s federall y 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 infr astructure SIP submittal for the 2010 S O 2 NAAQS meets the requirements of CAA S ection 110(a)(2)(E)(i).
**8 .**  **Section 110(a)(2)(E)(ii)** EPA will take separate action on this portion of S ection 110(a)(2)(E) for the 20 10 S O 2 NAAQS as it relates to CAA S ection 128, “State Boards.”
**9 .**  **Section 110(a)(2)(E)(iii)** Virginia does not rel y on localities for specific SIP implementation. Therefore , EPA finds Virginia’s infras tructure SIP submittal for the 2010 S O 2 NAAQS meets the requirements of CAA S ection 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 , includ ing 9 VAC 5 Chapters 20, 40, 50, and 8 0
. These regulations are included in Virginia ’s approved SIP and are listed in 40 CFR 52. 2 420 and also apply

to the 2010 S O 2 NAAQS
. Requirements for periodic reports on the nature, amounts of emissions, and emissions
related data are included in 9 VAC 5
- 20
- 1 60 (Registration). This data is also required b y 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 Iof 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 are8

approved under 40 CFR 52.2420 as part of the Virginia SIP
. Therefore , EPA finds Virginia’s infrastructure SIP submittal for the 2010 S O 2 NAAQS meets the requirements of CAA S ection 110(a)(2)(F).
**1 1**  **. 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 immediate ly upon finding that any owner is unreasonably

affecting the public health, safet y 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, re move, or contain an y substantial and imminent threat to public health or the environment that is reasonably likel y to occur if such source ceases operations. All areas of Virginia are classified as Priority III areas, except the Eastern Tennessee
Southw estern Virginia and the National Capital Interstate Air Quality Control Regions which are classified as Priorit y I, and the Hampton Roads Intrastate Air Quality Control Region, which is classified as Priorit y II. Virginia’s emergency

plans are found in 9 VAC 5 Chapter 70 (Air Pollution Prevention) and are SI P
- approved in 40 CFR 52.2420. These plans meet all the current requirements as promulgated in 40 CFR 51, s ubpart H. Accordingly , EPA finds Virginia’s infrastructure SIP submittal for the 2010 S O 2 NAAQS meets the requirements of CAA S ection 110(a)(2)(G).
**1 2**  **. 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 reasonabl y to achieve and maintain levels of air quality that will protect human health, welfare, and safet y . 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 ai r 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 standard s and, whenever the Administrator fi nds, 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 compl y with any additional requirements established under the CAA. Therefore , EPA finds Vir ginia’s infrastructure SIP submittal for the 2010 S O 29

NAAQS meets the requirements of CAA S ection 110(a)(2)(H).
**1 3**  **. Section 110(a)(2)(I)**  Virginia’s June 2 3, 201 4 SIP submittal for the 2010 S O 2 NAAQS did not include or address S ection 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 o n a different schedule from the CAA S ection 110(a)(2) infrastructure elements and, thus, will be reviewed and acted upon through a separate process as required
. **1 4.**  **S ection 110(a)(2)(J)**  Section 121 (relating to c onsultation ). 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 (Cod e of Virginia, Title 2.2, Administration of Government, Chapter 40). Regulations promulgated b y the State Air Pollution Control Board are also governed b y 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) specificall y through 9 VAC 5
- 80
- 1765 (Sources affecting federal class Iareas
– 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 S ection 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 violatio ns 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 r equirements 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 ’s10

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 S O 2 NAAQS meets the requirements of CAA S ection 110(a)(2)(J) relating to consultation , public notification, and the part C permitting program
. **1 5**  **. 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 L ocating 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 anal ys is), 9 VAC 5
- 80
- 1725 (Air quality models), and 9 VAC 5
- 80
- 1735 (Air quality analy sis) 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 w ay s that EPA may request. Therefore , EPA finds Virginia’s infrastructure SIP submittal for the 2010 S O 2 NAAQS meets the requirements of CAA S ection 110(a)(2)(K).
**1 6**  **. Section 110(a)(2)(L**  **)** EPA finds Virginia’s submission adequately address es this requirement b y 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 approv ed 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 polluti on, compliance and enforcement of sources of air pollution including program development and SO 2 plan implementation as discussed above in Section 110(a)(2)(E)
. Therefore , EPA finds Virginia’s infrastructure SIP submittal for the 2010 S O 2 NAAQS meets th e requirements of CAA S ection 110(a)(2)(L).
**1 7**  **. Section 110(a)(2)(M)**  All SIP revisions undergo public participation following 40 CFR 51.102 and provid e for comment by

the public includ ing local political subdivisions
. Additionally , the Code of Virginia under § 10.1
- 1307A requires advising, consulting, and cooperating with all agencies of the11

Commonwealth, political subdivisions, private industries, and any other affected groups when developing programs to improve or mai ntain 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 gover

ned b y 9 VAC 5 Chapter 5, Public Participation Guidelines. Therefore , EPA finds Virginia’s infrastructure SIP submittal for the 2010 S O 2 NAAQS meets the requirements of CAA S ection 110(a)(2)(M).
**F .**  **CONCLUSIONS AND RECOMMEND**  **ED AGENCY ACTION** EPA’s anal ys is of Virginia’s infrastructure submittal for the 2010 S O 2 NAAQS concludes that Virginia’s submittal meet the requirements of S ection 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 20 10 S O 2 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 SO 2 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).