SIP SUBMITTAL COMPLETENESS CRITERIA CHECKLIST

(In accordance with 40 CFR Part 51 - App. V)

 SIP Submitted by: Virginia Department of Environmental Quality

 Date Submitted: March 16, 2012

Subject: Administrative Revisions- Citations to the Municipal Waste Landfills and Open Burning Regulations

Completeness Review 

 Completed by: Harold A. Frankford 

 Date Completed: April 5, 2012

Administrative Materials ACCEPTABLE

EPA REQUIREMENT STATE SUBMITTAL (X)

1. A formal letter of submittal from the Governor or his 

designee, requesting EPA approval of the plan or revision 

thereof.

1. Letter dated March 16, 2012 from David K. Paylor, Director, 

Virginia Department of Environmental Quality (the Governor’s 

designee) to Diana Esher, EPA Region III.

X

2. Evidence that the State has adopted the plan in the State code 

or body of regulations; or issued the permit, order, or consent 

agreement in final form. That evidence shall include the date 

of adoption or final issuance as well as the effective date of the 

plan, if different from the adoption/issuance date.

Check to see if the regulation, permit, order or consent decree 

has a sunset or expiration date. If so it is not acceptable as a 

SIP submission. 

2. Under the authority of § 10.1-1308 of the Code of Virginia, 

the Department of Environmental Quality (“the Department”) 

adopted the amendment on June 10, 2011which revises the 

Virginia Solid Waste Management Regulations cited in 9VAC5 

Chapter 40, Part I, Article 43 and 9 VAC 5 Chapter 130, Part I. 

The Department published the adopted final rules in the 

February 13, 2012 Virginia Register of Regulations, and 

established an effective date of August 17, 2011. There are no 

sunset or expiration dates. 

X

3. Evidence that the State has the necessary legal authority

under State law to adopt and implement the plan.

3. The necessary legal authority to adopt and implement this 

plan revision is established under § 10.1-1308 of the Code of 

Virginia.

X

4. A copy of actual regulation, or document submitted for 

approval and incorporation by reference into the plan, including 

indication of the changes made to the existing approved plan, 

where applicable. The submittal shall be a copy of the official 

State regulation/document signed, stamped, dated by the 

appropriate State official indicating that it is fully enforceable 

by the State. The effective date of the regulation/document 

shall, whenever possible, be indicated in the document itself.

4. A copy of the revised text for 9VAC5 Chapter 40, Part I, 

Article 43 and 9 VAC 5 Chapter 130 is included in this SIP 

revision submittal as Enclosure 1. The adoption date is June 10,

2011 and the effective date is August 17, 2011. 

X
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EPA REQUIREMENT STATE SUBMITTAL (X)

5. Evidence that the State followed all of the procedural 

requirements of the State's laws and constitution in conducting 

and completing the adoption/issuance of the plan.

5. The Department submitted proof that all Commonwealth 

administrative procedures were followed. The revisions to 

were published in the February 13, 2012 Virginia Register after 

being duly adopted by the State Air Pollution Control Board on

Jun 10, 2011, certified by the Office of the Attorney General as 

within the Board’s statutory authority and thus fully enforceable

under Virginia law, and submitted to the Virginia Registrar on 

behalf of the Board by the Department as a true and accurate 

copy of the duly adopted regulation.

X

6. Evidence that public notice was given of the proposed 

change consistent with procedures approved by EPA, including 

the date of publication of such notice.

6. On February 13, 2012, Virginia announced in the Virginia 

Register the opportunity for public comment and request for a 

public hearing. The public comment period ended on

March 14, 2012, and no one requested a public hearing. Notice 

was also given to EPA, the States of Maryland and Tennessee, 

and the District of Columbia, all in accordance with the 

requirements for 40 CFR § 51.102(d).

X

7. Certification that public hearings were held in accordance 

with the information provided in the public notice and the 

State's laws and constitution, if applicable.

7. Virginia DEQ reported that since no one requested a public 

hearing, no hearing was held. See, 40 CFR § 51.102(a) and (d), 

and Appendix V of 40 CFR part 51, Section 2.1(f).

X

8. Compilation of public comments and the State's response 

thereto.

8. Virginia reported that it received no testimony on this 

revision during the public comment period. X

 Technical Materials

1. Identification of all regulated pollutants affected by the plan. 1. Not Applicable

 

2. Identification of the locations of affected sources including 

the EPA attainment/nonattainment designation of the locations 

and the status of the attainment plan for the affected area(s).

2. Not Applicable

 

 

3. Quantification of the changes in plan allowable emissions 

from the affected sources; estimates of changes in current 

actual emissions from affected sources or, where appropriate, 

quantification of changes in actual emissions from affected 

sources through calculations of the differences between certain 

baseline levels and allowable emissions anticipated as a result 

of the revision.

3. Not Applicable
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EPA REQUIREMENT STATE SUBMITTAL (X)

4. The State's demonstration that the national ambient air 

quality standards, prevention of significant deterioration 

increments, reasonable further progress demonstration, and 

visibility, as applicable, are protected if the plan is approved 

and implemented. 

4. Not Applicable

5. Modeling information required to support the proposed 

revision, including input data, output data, models used, 

ambient monitoring data used, meteorological data used, 

justification for use of offsite data (where used), modes of 

models used, assumptions, and other information relevant to the

determination of adequacy of the modeling analysis.

5. Not Applicable

6. Evidence, where necessary, that emission limitations are 

based on continuous emission reduction technology.

6. Not Applicable

7. Evidence that the plan contains emission limitations, work 

practice standards and recordkeeping/reporting requirements, 

where necessary, to ensure emission levels.

7. Not Applicable

8. Compliance/enforcement strategies, including how 

compliance will be determined in practice.

8. Not Applicable

9. Special economic and technological justifications required by

any applicable EPA policies. (If a policy is not appropriate, 

explain why.)

9. Not Applicable

10. A Section 107 request must be accompanied by a 

maintenance plan demonstrating maintenance to the relevant 

NAAQS for at least 10 years after redesignation.

10. Not Applicable