# ENCLOSURE 2

CERTIFICA TION OF PUBLIC PARTICIPA TION ACTIVITIES AND COMPLIANCE WITH STA TE ADMINISTRA TIVE 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 May 18 to June 17, 2009

. As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was given notice of the public comment period in the Richmond Times

-Dispatch (for the State Capital Intrastate Air Quality Control Region), along with the location of the proposal for public inspection, on May 18, 2009

. 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. Similar notices were placed in at least one paper of general circulation in each of Virginia's other Air Quality Control Regions. 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 As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation amendments were published in the Virginia Register of Regulations on February 16, 2009 after being duly adopted by the State Air Pollution Control Board on October 23, 2008, certified by the Office of the Attorney General as within the Board’s statutory authority on October 23, 2008 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 January 26, 2009, providing the evidence required by Section 2.1(b) and (e) of Appendix V of 40 CFR Part 51.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 ofApril 2, 2009

.

TEMPLATES\SIP

-REG\REG02-PH SIP\NONATTN PLANS\2009\H07

-SIP

-2.DOC

# 1Ricbmonb Q,timts-1llispalcb Advertising Affidavit Account Number
3014358

P.O Box 85333 Richmond, Virginia 23293-0001 (804) 649-6208 Date May 24, 2009

COVDDEQ Attn: ACCOUNTS PAYABLE 629 E MAIN STREET 3RD FLOOR Richmond. VA23218

Date Category Description Ad Size Total Cost
05/2412009 Legal Notices Public Notice

- Environmental Regulation 2 x 119 L 1,314.40



### Media General Operations, Inc. Publisherofthe Richmond Times-Dispatch

This isto certifythatthe attached Public Notice

- Environme was published bythe Richmond Times-Dispatch, Inc. in the Cityof Richmond, State ofVirginia, on thefollowing dates:

05/18/2009

The Firstinsertion being given... 05/18/2009 Newspaper reference: 0001409643

Sworn to and subscribed before me this

# •
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD Fast-Track Regulation Title of Regulation: 9VAC5-10. General Definitions (amending

### 9VAC5-10-20). Statutory Authority: § 10.1-1308 ofthe Code ofVirginia Public Hearing fufonnation: No public hearings are scheduled. Public Comments: Public comments may be submitted until 5 p.m. on March 18, 2009. Effective Date: Apri12, 2009. Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629EastMain Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, oremailkgsabastea@deq.virginiagov

. 

### Basis: Section 10.1-1308 of the Virginia Air Pollution Control Law authorizes the State AirPollution Control Board to promulgateregulations abating, controlling andprohibiting airpollution in orderto protectpublichealth andwelfare. The purpose ofthe regulation is not to impose any regulatory requirements in and ofitself, butto provide abasis for and supportto otherprovisions ofthe Regulations forthe Control andAbatement ofAirPollution, which are in place in order to protect public health and welfare. The proposed amendments are being made to ensure that the defmition of volatile organic compound (VOC), \\hich is crucial to most of the regulations, is up to date and scientifically accurate, as well as consistent with the overall EPA requirements under \\hichthe regulations operate. Rationale for Using Fast-Track Process: The defmition is being revised to add a less-reactive substance to the list of compounds not considered to be VOCs. This revision is not expectedto affect a significantnumber ofsources orhave any significant impact, other than a positive one, on air quality overall. Additionally, removal ofthe substance at the federal level was accompanied by detailed scientific review and public comment, and no additional infonnation on the reactivity of this substance or the appropriateness of its removal is anticipated. Substance' The general definitions impose no regulatory requirements in and of themselves but provide support to other provisions of the Regulations for the Control and Abatement ofAirPollution (9VAC5-10 through 9VAC5-80). The list ofsubstances not consideredto be VOCs in Virginia 

# Regulations

has been revised to include (1)1,1,1,2,2,3,4,5,5,5-decafluoro3-methoxy-4-trifluoromethyl-pentane (HFE-7300). Issues: The general public health and welfare will benefit because the revision will encourage the use of products containing the less-reactive substance in place of products containing more reactive and thereby more polluting substances, ultimately resulting in fewer emissions ofVOCs and reduced production of ozone, which results from VOC emissions. Companiesthat use this substance in placeofmore reactive substances may also benefit by reducing their VOC emissions and concomitantreductions in pennitting and other regulatory requirements. The revision will allow the department to focus VOC reduction strategies on substances that are more responsible for ozone fonnation andgreenhouse gasgeneration. The Department ofPlanning and Budget's Economic Impact Analysis: Summary ofthe Proposed Amendments to Regulation. The State Air Pollution Control Board (board) proposes to make clarifying changes to the regulation and revise the defmition of volatile organic compound (VOC) to add (1)1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4­ trifluoromethyl-pentane (HFE-7300) to the list ofsubstances not considered to be a VOC. The proposed amendments are being made to ensure that the definition ofVOC, which is crucial to board regulations, is up to date and scientifically accurate, as well as consistent with the overall EPA requirements under\\hichthe regulations operate. Result ofAnalysis. Thebenefits likely exceedthe costs for all proposedchanges. EstimatedEconomic bnpact. According to the Department of Environmental Quality (DEQ), no sources located in Virginia currently use HFE-7300. There are sources that may some day eventually wioh to use this substance; however,DEQ has not identified any specific sources that plan to do so. HFE7300 has a variety ofpotential uses such as a heat transfer fluid, coating, cleaner, and lubricant. It may be used in (i) coating deposition applications, (ii) heat-transfer fluids in heat-transferprocesses, (iii) cleaning organic and/orinorganic substrates, and (iv) fonnulating working fluids or lubricants formachinery operations andmanufacturing processes. A source that is not currently using HFE-7300 but at some point does choose to use it may do so in orderto realize a cost savings. If this occurs it will likely result in the use of products containing the less-reactive substance in place of products containing more reactive and thereby morepolluting substances.! This may ultimately result in fewer emissions of VOCs and reduced production ofozone, which results from VOC emissions. This would benefit public health and welfare, the amount ofwhich would depend on the number of companies, if any, that anticipate a financial benefit from switchingproducts. Since the proposed amendments will only

Volume 25, Issue 12 Virginia RegisterofRegulations February 16, 2009 2059

# Regulations

have impact 

### ifthe use ofHFE-7300 lowers costs for fInns, 

### and the use ofHFE-7300would likely result in less pollution, the proposalproduces netbenefits. Businesses and Entities Affected. No sources located 

### in Virginia currently use this substance. There are sources that may some day eventually wish to use this substance; however, DEQ has not identified any specific sources that plan to do so. Finns involved in the production oruse of(i) coating deposition applications, 

### (ii) heat-transfer fluids 

### in heat-transferprocesses, (iii) cleaning organic and/orinorganic substrates, and (iv) fonnulating working fluids or lubricants for machinery operations and manufacturing processes 

### potentially couldbe affected. Localities particularly Affected. There is no locality which will bear any identified disproportionate material air quality impact due to the proposed amendment which would not be experiencedby other localities. ProjectedImpact on Employment. Theproposed amendments willnot likely significantly affect employment. Effects on the Use and Value of Private Property. The proposed amendments will not likely significantly affect the
use andvalue ofprivate property. Small Businesses: Costs and Other Effects. The proposed amendments will not affect most small businesses. Finns involved in the production or use of (i) coating deposition applications, (ii) heat-transfer fluids in heat-transfer processes, (iii) cleaning organic and/or inorganic substrates, and (iv) fonnulating working fluids or lubricants for machinery operations and manufacturing processes could potentially encollllter cost savings. Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments do not adversely affect small businesses. Real Estate Development Costs. The proposed amendments do not directly affectreal estate development costs. Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with**~** 2.2-4007.04 of the Administrative Process Act and Executive OrderNumber 36 (06). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number ofbusinesses orotherentities to whom the regulation would apply, the identity of any localities and types ofbusinesses or other entities particularly affected, the projected number ofpersons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact
on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include (i) an identification and estimate ofthe number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement ofthe probable effect ofthe regulation on affected small businesses; and (iv) a description of any less intrusive
or less costly alternative methods ofachieving the pUipose of the regulation. The analysis presented above represents**DPB'~**best estimate ofthese economic**impact~**

1 Source DEQ Agency's Response to the Department of Planning and Budget's Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the DepartmentofPlanning andBudget andhas no comment. Summary: 

### The 

### amendments revise the definition of volatile organic compoWld (VOC) to add a compoWld that has been demonstrated 

### to be less reactive 

### to the listof substances that are not considered 

### to be VOCs: (1)1,1,1,2,2,3,4,5,5,5-decajluoro-

### 3-methoxy-4­ trifluoromethyl-pentane (HFE-7300). 9VAC5-10-20. Terms

### defined.

"Actual emissions rate" means the actual rate ofemissions of a pollutant from an emissions unit. ill general actual emissions shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during the most recent two-year period or some other two-yearperiod which is representative of nonnal source operation. If the board detennines that no two-year period is representative of nonnal source operation, the board shall allow the use ofan alternative period oftime upon a detennination by the board that it is more representative of nonnal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

"Administrator" means the administrator of the U.S. Environmental Protection Agency (EPA) or his anthorized representative.

"Affected facility" means, with reference to a stationary source, any part, equipment, facility, installation, apparatus, process or operation to which an emission standard is applicable or any other facility so designated. The tenn "affected facility" includes any affected source as defined in 40 CFR 63.2.

"Air pollution" means the presence in the outdoor atmosphere ofone or more substances which are or may be hannful or injurious to human health, welfare or safety; to

Volume 25, Issue 12 Virginia RegisterofRegulations February 16, 2009 

### 2060animal or plant life; or to property; or \\hich unreasonooiy interrere

### with the enjoymentbythe people oflife orproperty.

"Airquality" meansthe specific measurementin the ambient air ofaparticular airpollutant at any given time.

"Air quality control region" means any area designated as such 

### in 9VAC5-20-200.

"Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction ofthe board, in specific cases, to produce results adequate forits detennination ofcompliance.

"Ambient 

### air" means 

### that portion of the atmosphere, externalto buildings, to which the generalpublichas access.

"Ambient air quality standard" means any primary or secondary standard designated as such 

### in 9J! 'G8 GftHflfel 39 9VAC5-30 (AmbientAir Quality Standards).

"Board" means the State AirPollution Control Board or its designatedrepresentative.

"Class I area" means any prevention of significant deterioration area (i) in ¥.hich virtually any deterioration of existing air quality is considered significant and (ii) designated as such in 9VACS-20-20S.

"Class II area" means any prevention of significant deterioration area (i) in which any deterioration ofexisting air quality beyond that nonnally accompanying well-controlled growth is considered significant and (ii) designated as such in 9VACS-20-20S.

"Class III area" means any prevention of significant deterioration area (i) in ¥.hich deterioration of existing air quality to the levels ofthe ambient air quality standards is pennitted and (ii) designated as such in 9VACS-20-20S.

"Continuous monitoring system" means the total equipment used to sample and condition (ifapplicable), to analyze, and to provide a pennanent continuous record of emissions or processparameters.

"Controlprogram" means aplanfonnulatedby the owner of
a stationary source to establish pollution abatement goals, including a compliance schedule to achieve such goals. The plan may be submitted voluntarily, or upon request or by order ofthe board, to ensure compliance by the owner with standards, policies andregulations adopted by the board. The plan shall include system and equipment infonnation and operating peIfonnance projections as required by the board for evaluating the probability of achievement. A control program shall contain the following increments ofprogress: 1. The date by¥.hich contracts for emission control system orprocess modifications are to be awarded, or the date by which orders are to be issued for the purchase of 

# Regulations

componentpartsto accomplish emission control orprocess modification. 2. The date by¥.hich the on-site construction orinstallation of emission control equipment or process change is to be initiated. 3. The date by¥.hich the on-site construction orinstallation ofemission control equipment orprocess modification is to be completed. 4. The date by¥.hich final compliance is to be achieved. "Criteria pollutant" means any pollutant for which an ambient air quality standard is established under**~** GftHflfel 39 9VACS-30 (Ambient Air Quality Standards).

"Day" means a 24-hourperiodbeginning atmidnight. "Delayed compliance order" means any order ofthe board issued after an appropriate hearing to an owner which postpones the date by¥.hich a stationary source is required to comply with any requirement contained in the applicable implementationplan.

"Department" means any employee or other representative of the Virginia Department of Environmental Quality, as designatedbythe director.

"Director" or "executive director" means the director ofthe Virginia Department of Environmental Quality or a designatedrepresentative.

"Dispersiontechnique"

1. Means any technique ¥.hich attempts to affect the concentration ofapollutantin the ambient airby:

a Using that portion of a stack ¥.hich exceeds good engineering practice stack height; b. Varying the rate ofemission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

c. Increasing final exhanst gas plume rise by manipulating source process parameters, exhanst gas parameters, stack parameters, or combining exhanst gasesfrom severalexisting stacks into one stack; or other selective handling of exhanst gas streams so as to increasethe exhanst gasplumerise. 2. Thepreceding sentence does not include:

a The reheating of a gas stream, following use of a pollution control system, forthe pUipose ofreturning the gas to the temperature at which it was originally dischargedfrom the facility generatingthegas stream; b. Themerging ofexhanstgas streams¥.here: (1) The owner demonstrates that the facility was originally designed and constructed with such merged gas streams;
Volume 25, Issue 12 Virginia RegisterofRegulations February 16, 2009 2061

# Regulations

(2) AfterJuly 8, 1985, such merging is part ofa chatge in operation at the facility 

### that includes the installation of pollution controls and is accompaniedby a net reduction in the allowable emissions ofa pollutant. This exclusion from the defmition of"dispersiontechniques" shall apply only to the emissions limitation forthe pollutant affected by such change 

### in operation; or 

### (3) Before July 8, 1985, such merging was 

### part of a change 

### in operation 

### at the facility 

### that included the 

### installation of emissions control equipment or was canied out for sound economic or engineering reasons. Where there was an increase in the emissions limitation Of, in the event 

### that no -emissien emissions limitation was in existence prior to the merging, an 

### increase in 

### the quantity of pollutants actually emitted prior to the merging, the board shall presume that merging was significantly motivatedby an intent to gain emissions credit for greater dispersion. Absent a demonstration by the O\\1ler that merging was not significantly motivated by such intent, the board shall deny credit for the effects ofsuch merging in calculating the allowable emissions forthe source;

c. Smoke management in agricultural or silvicultural prescribedburningprograms; d. Episodic restrictions on residential woodburning and open burning; or

e. Techniques under subdivision 1 c of this definition which increase fmal exhanst gas plume rise where the resulting allowable emissions ofsulfur dioxide from the facility do not exceed 5,000 tons peryear. "Emergency" means a situation that immediately and unreasonably affects, orhas the potential to immediately and unreasonably affect, public health, safety or welfare; the health ofanimal or plant life; or property, whether used for recreational, commercial, industrial, agricultural or other reasonable use.

"EfHissi8H Emissions limitation" means any requirement established by the board which limits the quantity, rate, or concentration of continuous emissions of air pollutants, including any requirements which limit the level ofopacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures to assure continuous emission reduction.

"Emission standard" means any provision of**~** 

### GhHflfel 19,9" 'G:! GhHflfel :!9 81 9" 'G:! GhBflfel 69 hieh 9VAC5-40 (Existing Stationary Sources) 9VAC5-50 (New and Modified Stationary Sources) or 9VAC5-60 (Hazardous Air Pollutant Sources) that prescribes an eaHsste!t 

### emissions limitation, or other requirements that control air pollution emissions. "Emissions unit" means any part of a stationary source which emits or would have the potential to emit any air pollutant.

"Equivalent method" means any method of sampling and analyzing for an air

### pollutant which has been demonstrated to the satisfaction of the board to have a consistent and quantitative relationship to the reference method under specified conditions.

"EPA" means the U.S. Environmental Protection Agency or an anthorizedrepresentative.

"Excess emissions" means emissions of air 

### pollutant in
excess ofan emission standard.

"Excessive concentration" is defined for the pUipose of detennining good engineering practice (GEP) stack height under subdivision 3 ofthe GEP definition and means: 1. 

### For sources seeking credit for stack height exceeding that established under subdivision 2 ofthe GEP defmition, a maximum ground-level concentration due to emissions from a stack due in whole orpartto dO\\1lwash, wakes, and eddy effects produced by nearby stmctures or nearby terrain features which individually is at least 40% in excess ofthe maximum concentration experienced in the absence of such dO\\1lwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to the provisions ofArticle 8 (9" 'G:! 89 1799 (9VAC5-80-1605 et seq.) of Part II of 9"AG:! GhHfltel 89 9VAC5-80 (Pennits for Stationary Sources), an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole orpart to dO\\1lwash, wakes, or eddy effects produced by nearby stmctures or nearby terrain features which individually is at least 40% in excess ofthe maximum concentration experienced in the absence ofthe maximum concentration experienced in the absence ofsuch dO\\1lwash, wakes, oreddy effects and greaterthan
a prevention of significant deterioration increment. The allowable emission rate to be used in making demonstrations underthis provision shallbe prescribedby the new source perronnance standard that is applicable to the source category unless the O\\1ler demonstrates thatthis emission rate is infeasible. Where such demonstrations are approvedby the board, an alternative emission rate ohallbe established in consultation with the O\\1ler; 2. For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under subdivision 2 of the GEP defmition, either (i) a maximum ground-level concentration due in whole or part to dO\\1lwash, wakes or eddy effects as provided in subdivision 1 ofthis defmition, except that the emission rate specified by any applicable implementation plan (or, in the absence ofsuch a limit, the actual emission

Volume 25, Issue 12 Virginia RegisterofRegulations February 16, 2009 2062

### fate) shall be used, or (ii) the actual presence of a local nuisance cmlsedby 

### the existing stack, as detenninedby

### the board; and 

### 3. For sources seeking credit after January 12, 1979, for a stack height detennined under subdivision 2 ofthe GEP defmition \\here the boardrequires the use ofa field study
or fluid model to verify GEP stack height, for sources seeking stack height credit afterNovember 9,1984, based
on the aerodynamic influence of cooling towers, and for
sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence ofstructures not 

### adequately representedby the equations 

### in subdivision 2 of the GEP definition, amaximum grolllld-level concentration due in whole orpart 

### to downwash, wakes or eddy effects that 

### is at 

### least 40% in excess of the 

### mIDnmum concentration experienced in the absence of such downwash, wakes, oreddy effects. "Existing source" means any stationary source otherthan a newsource ormodified source.

"Facility" means something that is built, installed or established to serve a particular purpose; includes, but is not limited to, buildings, installations, public works, businesses, commercial and industrial plants, shops and stores, heating andpowerplants, apparatus, processes, operations, structures, and equipment ofall types.

"Federal Clean Air Act" means 13 TTSG 

### § 7191 ef SeI't., 

### 91 Chapter 85 (§ 

### 7401 et seq.) ofTitle 42 ofthe United States Code.

"Federally enforceable" means all limitations and conditions which are enforceableby the administrator and citizens under the federal Clean AirAct orthat are enforceable under other statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to, thefollowing:

1. 

### Emission standards, alternative emission standards, alternative 

### -eHttsstett emissions limitations, and equivalent ettHsstett emissions limitations established pursuant to § 112 ofthefederal Clean AirAct as amendedin 1990. 2. New source perfonnance standards establishedpursuant to § 111 of the federal Clean Air Act, and emission standards established pursuant to § 112 of the federal Clean AirActbefore it was amended in 1990. 3. All tenns and conditions in a federal operating pennit, including any provisions that limit a source's potential to emit, unless expressly designated as not federally enforceable. 4. Limitations and conditions that are part of an implementationplan. 5. Limitations and conditions that are part of a section 111(d) orsection 111(d)/129plan. 

# Regulations

6. Limitations and conditions that are part of a federal construction pennit issued under 40 CFR 52.21 or any construction pennit issued under regulations approved by EPAin accordance with 40 CFRPart 51. 7. Limitations and conditions that are part ofan operating pennit issued pursuant to a program approved by EPA into
an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for EPA and public comment prior to Issuance of the [mal pennit and practicable enforceability. 8. Limitations and conditions in a Virginia regulation or program that has been approved by EPA under subpart E of40 CFR Part 63 for the purposes ofimplementing and enforcing § 112 ofthe federal Clean AirAct. 9. Individual consent agreements issued pursuant to the legal anthority ofEPA. 

### "Good engineering practice" or "GEP," with reference to the height ofthe stack, means the greater of: 1. 

### 65 meters, measuredfrom the ground-level elevation at the base ofthe stack; 2. a For stacks in existence on January 12, 1979, and for which the O\\1ler had obtained all applicable pennits or approvals required under 9'!'G8 GftHflfel 89 9VAC5-80 (Pennitsfor Stationary Sources),

Hg = 

### 2.5H, providedthe ownerproduces evidence that this equation
was actually relied on in establishing an**~** 

### emissions limitation; b. For all other stacks, Hg = 

### H

### + 1.5L, where: Hg = 

### good engineering practice stack height, measured from the ground-level elevation atthe base ofthe stack, H = 

### height of nearby structure(s) measured from the ground-level elevation at the base ofthe stack, L = 

### lesser dimension, height or projected width, of nearby stmcture(s) provided that the board may require the use of a field study or fluid model to verify GEP stack height forthe source; or 3. The height demonstrated by a fluid model or a field study approved by the board, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric dO\\1lwash, wakes, or eddy effects createdby the source itself, nearby structures or nearby terrain features.

Volume 25, Issue 12 Virginia RegisterofRegulations February 16, 2009 2063

# Regulations

"Hazardous airpollutant" means an airpollutantto which no ''Nearby'' as used in the defmition of good engineering ambient air quality standard is applicable and which in the practice (GEP) is defined for a specific structure or terrain 

### judgment of the administrator causes, or contributes to, air feature and: 

### pollution which may reasonably be anticipated to result in 

### an increase 

### in mortality or an increase in serious irreversible, or incapacitatingreversible, illness. 1. For pUiposes of applying the fonnulae provided in subdivision 2 ofthe GEP defmition means that distance up to five times the lesser ofthe height orthe width dimension "Implementation plan" means the portion orportions ofthe ofa structure, butnotgreaterthan 0.8 km 

### (112 mile); and state implementationplan, orthe mostrecent revision thereof, which hasbeen approvedunder§ 110 ofthe federal Clean Air 

### Act, or 

### promulgated under § 

### llO(c) ofthe federal Clean Air Act, or 

### promulgated or approved pursuant to regulations promulgatedunder § 301(d) ofthe federal Clean AirAct and which implements the relevant requirements of the federal Clean AirAct. 2. For conducting demonstrations under subdivision 3 of the GEP defmition means not greater than 0.8 km (112 mile), except that the portion of a terrain feature may be considered to benearby which falls within a distance ofup to 10 times the maximum height (Ht) ofthe feature, not to exceed two miles ifsuch feature achieves aheight (Ht) 0.8 km from the stack that is at least 40% ofthe GEP stack "Initial emission test" means the test required by any height detenninedbythe fonnulae provided in subdivision regulation, pennit issued pursuant to 9'

### 7" Cj CHllflter gg 2 b of the GEP defmition or 26 meters, \\hichever is 9VAC5-80 (Pennits for Stationary Sources) controlprogram, greater, as measuredfrom the ground-level elevation at the compliance schedule or other enforceable mechanism for base of the stack. The height of the structure or terrain detennining compliance with new ormore stringent emission feature is measuredfrom the ground-level elevation at the standards or pennit limitations or other -ettHsstett emissions base ofthe stack. limitations requiring the installation or modification of air pollution control equipment or implementation of a control method. fuitial emission tests shall be conducted in accordance with 9VAC5-40-30. ''Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in 40 CFRPart 60.

"Initial perfonnance test" means the test required by (i) 40 CFR Part 60 for detennining compliance with standards of perfonnance, or (ii) a pennit issued pursuant to**~** CHHfliel 89 9VAC5-80 (pennits for Stationary Sources) for detennining initial compliance with pennit limitations. fuitial perfonnance tests shall be conducted in accordance with 9VAC5-50-30 and 9VAC5-60-30. ''Nonattainment area" means any areawhich is sho\\11 by air quality monitoring dataor, \\here such dataare not available, \\hich is calculatedby air quality modeling (or othermethods detennined by the board to be reliable) to exceed the levels allowed by the ambient air quality standard for a given pollutant including, but not limited to, areas designated as such in 9VAC5-20-204.

"Isokinetic sampling" means sampling in \\hich the linear "Onehour" means anyperiodof60 consecutive minutes. velocity ofthe gas entering the sampling nozzle is equal to "One-hour period" means any period of 60 consecutive that ofthe undisturbedgas stream at the samplepoint. minutes commencing on the hour.

"Locality" means a city, to\\11, county or otherpublic body "Organic compound" means any chemical compound of createdby orpursuantto state law. carbon excluding carbon monoxide, carbon dioxide, carbonic

"Maintenance area" means any geographic region of the United States previously designated as a nonattainment area disulfide, carbonic acid, metallic carbides, metallic carbonates and ammonium carbonate. and subsequently redesignated to attainment subject to the "O\\11er" means any person, including bodies politic and requirement to develop a maintenance plan and designated as corporate, associations, partnerships, personalrepresentatives, such in 9VAC5-20-203. trustees and committees, as well as individuals, who owns,

"Malfunction" means any sudden failure of air pollution leases, operates, controls or supervises a source. control equipment, ofprocess equipment, or of a process to "Particulate matter" means any airborne finely divided solid operate in a nonnal orusual manner, \\hichfailure is not due or liquid material with an aerodynamic diameter smallerthan to intentional misconduct ornegligent conduct on the part of 100micrometers. the O\\11er orotherperson. Failures that are caused in partby poormaintenance orcareless operation are notmalfunctions. "Particulate matteremissions" means all finely divided solid
or liquid material, other than uncombined water, emitted to "Metropolitan statistical area" means any area designated as the ambient air as measured by the applicable reference such in 9VAC5-20-202. method, or an equivalent or alternative method.

"Monitoring device" means the total equipment used to "PMlO" means particulate matter with an aerodynamic
measure andrecord (ifapplicable)processparameters. diameter less than or equal to a nominal 10 micrometers as
Volume 25, Issue 12 Virginia RegisterofRegulations February 16 , 2009 2064measured bythe applicable reference method or an equivalent 

### method.

"PMlO emissions" means 

### [mely divided solid or liquid material, with an aerodynamic diameterless than orequalto a nominal 10 micrometers emitted to the ambient atr as measured by the applicable reference method, or an 

### equivalent or alternative method.

"Perfonnance test" means a test for detennining emissions from new ormodified sources.

"Person" means an individual, corporation, partnership, association, agovemmentalbody, amunicipal corporation, or 

### any other legal entity.

"Pollutant" means any substance the presence ofwhich in the outdoor atmosphere is ormay be hannful or injurious to human health, welfare or safety, to animal orplant life, orto property, or which unreasonably interferes with the enjoymentby the people oflife orproperty.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity ofthe source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount ofmaterial combusted, stored, orprocessed, shall be treated as part ofits design only if the limitation or its effect on emissions is state and federally enforceable.

"Prevention ofsignificant deterioration area" means any area not designated as a nonattainment area in 9VAC5-20-204 for
a particular pollutant and designated as such in 9VAC5-20­ 205.

"Proportional sampling" means sampling at a nte that produces a constant ratio of sampling rate to stack gas flow rule.

"Public hearing" means, unless indicated othen.vise, an infonnal proceeding, similar to that provided for in §**~** 4GG-+ 2.2-4007.02 ofthe Administrative Process Act, held to afford persons an opportunity to submit views and data relative to a matter on \\hich a decision of the board is pending.

"Reference method" means any method of sampling and analyzing for an air pollutant as described in the following EPAregulations: 1. For ambient air quality standards in 9'" G8 Gft&flfel 39 9VAC5-30 (Ambient Air Quality Standards'l: The applicable**~pendix** of40 CFRPart 50 or any method that has been designated as a reference method in accordance with 40 CFR Part 53, except that it does not include a method for which a reference designation has been canceled in accordance with 40 CFR 53.11 or 40 CFR 53.16. 

# Regulations

2. For emission standards in 9""C8 CHllflter 19 ami 9""C8 CHllflter 89 9VAC5-40 (Existing Stationary**Suurl:"'~)** illld 9VAC5-50 (N",w illld Mudifi",d SlaiiUIHII'Y Sources): Appendix M of40 CFR Part 51 or Appendix A of40 CFRPart 60. 3. For emission standards in 9" 'G8 GftBflfel 69 9VAC5­ 60 (Hazardous Air Pollutant Sources): Appendix B of40 CFRPart 61 orAppendix A of40 CFRPart 63. "Regional director" means the regional director of an administrative region of the Department of Environmental Quality or a designatedrepresentative.

"Regulation ofthe board" means any regulation adopted by the State AirPollution Control Boardunder any provision of the Code ofVirginia

"Regulations for the Control and Abatement of Air Pollution" means 9""C8 CHllflters 19 tHr8HgH 89 9VAC5-10 (General Defmitions) through 9VAC5-80 (Pennits for Stationary Sources).

"Reidvaporpressure" means the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids except liquefied petroleum gases as detennined by American Society for Testing and Materialspublication, "StandardTest Method for Vapor Pressure of Petroleum Products (Reid Method)" (see 9VAC5-20-21).

"Run" means the net period of time during which an emission SatHflliHg sample is collected. Unless othen.vise specified, a run may be either intennittent or continuous within the limits ofgoodengineering practice.

"Section 111(d) plan" means the portion or portions ofthe plan, or the most recent revision thereof, \\hich has been approved under 40 CFR 60.27(b) in accordance with § 111(d)(I) of the federal Clean Air Act, or promulgated under40 CFR 60.27(d) in accordance with § 111 (d)(2) ofthe federal Clean Air Act, and which implements the relevant requirements ofthe federal Clean AirAct.

"Section 111(d)/129 plan" means the portion or portions of the plan, orthe most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with §§ 111(d)(1) and 129(b)(2) ofthe federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with §§ 111(dX2) and 129(b)(3) ofthe federal Clean AirAct, and \\hich implements the relevant requirements of the federal Clean AirAct.

"Shutdown" means the cessation ofoperation ofan affected facility for any pUipose.

"Source" means anyone or combination ofthe 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. Any activity by any

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# Regulations

person that 

### contributes, or may contribute, either directly or ''Total suspended particulate (TSP)" means particulate indirectly to air pollution, including, but not limited to, open matter as measured by the reference method described in burning, generation of fugitive dust or emissions, and Appendix B of40 CFRPart SO. 

### cleaning with abrasives orchemicals. ''True vaporpressure" meansthe equilibrium partialpressure

"Stack" means any point in a source designedto emit solids, exerted by a petroleum liquid as detennined in accordance liquids or gases into the air, 

### including a pipe or duct, but not with methods described in American Petroleum Institute including flares. 

### (API) publication, "Evaporative Loss from ExternalFloating­

"Stack in 

### existence" means that the ownerhad: Roof Tanks" (see 9VACS-ZO-Zl). The API procedure may not be applicable to some high viscosity orhigh pour crudes. 1. 

### Begun, or caused to begin, a continuous program of Available estimates of true vapor pressure may be used in physical on site construction ofthe stack; or special cases such asthese. 2. Entered into binding agreements or contractual "Urban area" means any areaconsisting ofa core city with a obligations, which could not be canceled or modified population ofSO,OOO 

### or more plus any surrounding localities without substantial loss to the owner, to undertake a with a population density of 80 persons per square mile and program ofconstruction ofthe stack to be completed in a designated as such in 9VACS-ZO-Z01. reasonable time. 

### "Vapor pressure," except \\here specific test methods are "Standard conditions" means a temperature of20c

## e (68°F) specified, means true vapor pressure, \\hether measured and apressure of760mm ofHg (Z9.92 inches ofHg). directly, or detennined from Reid vapor pressure by use of

"Standard ofpeIfonnance" means any provision of**~** GftHflfel 89 

### 9VACS-SO (New and Modified Stationary Sources) \\hich prescribes an emissions limitation the applicable nomograph in American Petroleum mstitute publication, "Evaporative Loss from Floating-Roof Tanks" (see 9VACS-ZO-Zl).

or otherrequirements that control 

### airpollution emissions. "VirginiaAir Pollution Control Law" means Chapter 13 

### (§

"Startup" means the setting in operation of an affected 10.1-1300 et seq.) ofTitle 10.1 ofthe Code ofVirginia facility for any purpose. "Volatile organic compound" means any compound of

"State enforceable" means all limitations and conditions \\hich are enforceable by the board or department, including, but not limited to, those requirements developed pursuant to 9VACS-ZO-ll0; requirements within any applicable carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, \\hich participates in atmospheric photochemical reactions. regulation, order, consent agreement or variance; and any 1. This includes any such organic compounds \\hich have pennit requirements established pursuant to 93" G8 GftHflfel 

### been detennined to have negligible photochemical 8fl.

### 9VAC.'i-80 (Pennits forStationary Sources)' reactivity otherthanthe following:

"State Implementation Plan" means the plan, including the a Methane; most recent revision thereof, \\hich has been approved or promulgated by the administrator, u.S. Environmental b. Ethane; Protection Agency, under § 

### 110 ofthe federal Clean AirAct, c. Methylene chloride (dichloromethane); and\\hich implements the requirements of§ 

### 110. d. l,l,l-trichloroethane (methyl chlorofonn);

"Stationary source" means any building, structure, facility or installation \\hich emits or may emit any air pollutant. A e. 1,1,Z-trichloro-l,Z,Z-trifluoroethane (CFC-113); stationary source shall include all of the pollutant-emitting f. 

### Trichlorofluoromethane (CFC-ll); activities which belong to the same industrial grouping, are located on one ormore contiguous or adjacent properties, and g. Dichlorodifluoromethane (CFC-lZ);

are under the control ofthe same person (or persons under h. Chlorodifluoromethane (H CFC-ZZ); common control) except the activities of any vessel. Pollutant-emitting activities shall be considered as part ofthe i. Trifluoromethane (H FC-Z3);

same industrial grouping ifthey belong to the same "Major j. 1,Z-dichloro 1,1,Z,Z,-tetrafluoroethane (CFC-114); Group" (i.e., which have the same two-digit code) as described in the Standard mdustrial Classification Manual k. 

### Chloropentafluoroethane (CFC-llS); (see 9VACS-ZO-Zl). 

### 1. l,l,l-trifluoro Z,Z-dichloroethane (HCFC-lZ3);

''1bese regulations" means 9'7' G8 GftHflfelS 19 tlUSHgft g9 

### m. 1,1,1,Z-tetrafluoroethane (HFC-134a); 9VACS-10 (General Defmitions) through 9VACS-80 (Pennits forStationary Sources. n. l,l-dichloro l-fluoroethane (HCFC-14lb);

Volume 25, Issue 12 Virginia RegisterofRegulations February 16, 2009 2066o. I-chloro 1,l-difluoroethane (HCFC-142b); p. 2-chloro-l,1,1,2-tetrafluoroethane (HCFC-124);
q. Pentafluoroethane (HFC-125);

f. 1,1,2,2-tetrafluoroethane (HFC-134);

s. 1,1,1-trifluoroethane (HFC-143a);
t. 1,1-difluoroethane (HFC-152a);

u. Parachlorobenzotrifluoride (PCB1F);

v. Cyclic, branched, or linear completely methylated siloxanes;

w. Acetone;

x. Perchloroethylene (tetrachloroethylene); y. 3,3-dichloro-l,1,1,2,2-pentafluoropropane (HCFC225ca);

z. 1,3-dichloro-l,1,2,2,3-pentafluoropropane (HCFC225cb);

aa 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43­ lOmee); bb. Difluoromethane (HFC-32);

cc. Ethylf1uoride (HFC-161); dd. 1,1,1,3,3,3-hexafluoropropane (HFC-236fa);

ee. 1,1,2,2,3-pentafluoropropane (HFC-245ca); ff. 1,1,2,3,3-pentafluoropropane (HFC-245ea);
gg. 1,1,1,2,3-pentafluoropropane (HFC-245eb); hh. 1,1,1,3,3-pentafluoropropane (HFC-245fa); ii. 1,1,1,2,3,3-hexafluoropropane (HFC-236ea); 

## ii. 1,1,1,3,3-pentafluorobutane (HFC-365mfc); kk. Chlorofluoromethane (HCFC-31); 11. 1 chloro-l-fluoroethane (HCFC-151a);

mm. 1,2-dichloro-l,I,2-trifluoroethane(HCFC-123a);

nn. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane**(C~90CH3** orHFE-7100);

00. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane «CF3)2CFCF2 OCH3 );
pp. l-ethoxy-l,I,2,2,3,3,4,4,4-nonafluorobutane**(C~9** OC2 H5orHFE-7200);
qq. 2-(ethoxydifluoromethy1)-1,1,1,2,3,3,3-heptafluoropropane «CF3)2CFCF20C2H5);

IT. Methyl acetate; ss. 1,1,1,2,2,3,3-heptafluoro-3­ methoxy-propane (n-C3 F70CH3 ) (HFE-70aO); 

# Regulations

tt. 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2­ (trifluoromethyl)hexane (HFE-7500);



### uu. 1,1,1,2,3,3,3-heptafluoropropane (HFC 227ea);

YV. methylfonnate (HCOOCH3 ); and

ww. (1) 1 1 1 2 2 3 4 5 5 5-decafluoro-3-methoxy-4­ trifluoromethyl-pentane ffiFE-7300)' and

xx. Perfluorocarbon compounds which fall into these classes: (1) Cyclic, branched, linear, completely fluorinated 

# " alkanes; (2) Cyclic, branched, linear, completely fluorinated 

# " ethers with no unsaturations; (3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine. 2. Forpurposes ofdetennining compliance with emissions standards, volatile organic compounds shall be measured by the appropriate reference methodin accordance with the provisions of 9VAC5-40-30 or 9VAC5-50-30, as applicable. Where such a method also measures compounds with negligible photochemicalreactivity, these negligibly reactive compounds may be excluded as a volatile organic compound if the amount of such compounds is accurately quantified, and such exclusion is approvedbythe board. 3. As a precondition to excluding these compounds as volatile organic compounds or at any time thereafter, the board may require an owner to provide monitoring or testing methods and results demonstrating, to the satisfaction ofthe board, the amount ofnegligibly reactive compounds in the emissions ofthe source. 4. Exclusion ofthe above compounds in this definition in effect exempts such compounds from the provisions of emission standards for volatile organic compounds. The compounds are exempted on the basis ofbeing so inactive that they wil1 not contribute significantly to the fonnation ofozone in the troposphere. However, this exemption does not extendto other properties ofthe exempted compounds which, at some future date, may require regulation and limitation oftheir use in accordance with requirements of the federal Clean AirAct. 5. The fol1owing compound is a VOC for purposes ofall recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements that apply to VOCs and shall be uniquely identified in emission reports, but is not a VOC for purposes ofVOC emission

Volume 25, Issue 12 Virginia RegisterofRegulations February 16, 2009 2067

# Regulations

standards, VOC -emtssi-en emiSSIOns 

### limitations, or VOC content requirements: t-butyl acetate. "Welfare" means that language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation, man-made materials, animals, wildlife, weather, visibility and climate, damage to anddeterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort andwell-being.

Volume 25, Issue 12 Virginia RegisterofRegulations February 16, 2009 2068