ENCLOSURE 2 

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES
	

AND COMPLIANCE WITH
	

STATE ADMINISTRATIVE PROCEDURES
	

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the 

following information regarding public participation activities and compliance with state 

administrative procedures is provided. 

PUBLIC PARTICIPATION ACTIVITIES 

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity 

to submit written comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan was held from 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 of April 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. VA 23218 

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. 

Publisher of the 

Richmond Times-Dispatch 

This is to certify that the attached Public Notice - Environme was 

published by the Richmond Times-Dispatch, Inc. in the City of 

Richmond, State of Virginia, on the following dates: 

05/18/2009 

The First insertion 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, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 

698-4510, or email kgsabastea@deq.virginiagov. 

Basis: Section 10.1-1308 of the Virginia Air Pollution 

Control Law authorizes the State Air Pollution Control Board 

to promulgate regulations abating, controlling and prohibiting 

air pollution in order to protect public health and welfare. 

The purpose of the regulation is not to impose any 

regulatory requirements in and of itself, but to provide a basis 

for and support to other provisions of the Regulations for the 

Control and Abatement ofAir Pollution, 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 (V OC), \\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 

\\hich the 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 

expected to affect a significant number of sources or have any 

significant impact, other than a positive one, on air quality 

overall. Additionally, removal of the 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 ofAir Pollution (9VAC5-10 through 9VAC5-80). 

The list of substances not considered to 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 of VOCs 

and reduced production of ozone, which results from VOC 

emissions. Companies that use this substance in place ofmore 

reactive substances may also benefit by reducing their VOC 

emissions and concomitant reductions 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 and greenhouse gas generation. 

The Department of Planning and Budget's Economic Impact 

Analysis: 

Summary of the 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 of substances 

not considered to be a VOC. The proposed amendments are 

being made to ensure that the definition of VOC, which is 

crucial to board regulations, is up to date and scientifically 

accurate, as well as consistent with the overall EPA 

requirements under \\hich the regulations operate. 

Result ofAnalysis. The benefits likely exceed the costs for all 

proposed changes. 

Estimated Economic 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 of potential 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-transfer processes, (iii) cleaning organic and/or inorganic 

substrates, and (iv) fonnulating working fluids or lubricants 

for machinery operations and manufacturing processes. 

A source that is not currently using HFE-7300 but at some 

point does choose to use it may do so in order to 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 more polluting 

substances.! This may ultimately result in fewer emissions of 

VOCs and reduced production of ozone, 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 

switching products. Since the proposed amendments will only 

Volume 25, Issue 12 Virginia Register ofRegulations February 16, 2009 

2059 
Regulations 

have impact if the use of HFE-7300 lowers costs for fInns, 

and the use ofHFE-7300 would likely result in less pollution, 

the proposal produces net benefits. 

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 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 

potentially could be 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 

experienced by other localities. 

Projected Impact on Employment. The proposed amendments 

will not likely significantly affect employment. 

Effects on the Use and Value of Private Property. The 

proposed amendments will not likely significantly affect the 

use and value of private 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 affect real 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 Order Number 36 

(06). Section 2.2-4007.04 requires that such economic 

impact analyses include, but need not be limited to, the 

projected number of businesses or other entities to whom the 

regulation would apply, the identity of any localities and 

types of businesses or other entities particularly affected, the 

projected number of persons 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 of the 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 of the probable effect of the regulation on affected 

small businesses; and (iv) a description of any less intrusive 

or less costly alternative methods of achieving 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 

Department ofPlanning and Budget and has 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 list ofsubstances 

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 of emissions 

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-year period 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 of an 

alternative period of time 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 of one or more substances which are or may be 

hannful or injurious to human health, welfare or safety; to 

Volume 25, Issue 12 Virginia Register ofRegulations February 16, 2009 

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

interrere with the enjoyment by the people oflife or property. 

"Air quality" means the specific measurement in the ambient 

air of a particular air pollutant 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 of the board, in specific cases, to produce results 

adequate for its detennination of compliance. 

"Ambient air" means that portion of the atmosphere, 

external to buildings, to which the general public has access. 

"Ambient air quality standard" means any primary or 

secondary standard designated as such in 9J! 'G8 GftHflfel 39 

9VAC5-30 (Ambient Air Quality Standards). 

"Board" means the State Air Pollution Control Board or its 

designated representative. 

"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 of existing 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 of the 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 (if applicable), to analyze, and 

to provide a pennanent continuous record of emissions or 

process parameters. 

"Control program" means a plan fonnulated by 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 of the board, to ensure compliance by the owner with 

standards, policies and regulations 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 of progress: 

1. The date by ¥.hich contracts for emission control system 

or process modifications are to be awarded, or the date by 

which orders are to be issued for the purchase of 

Regulations 

component parts to accomplish emission control or process 

modification. 

2. The date by ¥.hich the on-site construction or installation 

of emission control equipment or process change is to be 

initiated. 

3. The date by ¥.hich the on-site construction or installation 

of emission control equipment or process 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-hour period beginning at midnight. 

"Delayed compliance order" means any order of the 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 

implementation plan. 

"Department" means any employee or other representative 

of the Virginia Department of Environmental Quality, as 

designated by the director. 

"Director" or "executive director" means the director of the 

Virginia Department of Environmental Quality or a 

designated representative. 

"Dispersion technique" 

1. Means any technique ¥.hich attempts to affect the 

concentration of a pollutant in the ambient air by: 

a Using that portion of a stack ¥.hich exceeds good 

engineering practice stack height; 

b. Varying the rate of emission 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 

gases from several existing stacks into one stack; or other 

selective handling of exhanst gas streams so as to 

increase the exhanst gas plume rise. 

2. The preceding sentence does not include: 

a The reheating of a gas stream, following use of a 

pollution control system, for the pUipose of returning the 

gas to the temperature at which it was originally 

discharged from the facility generating the gas stream; 

b. The merging of exhanst gas streams ¥.here: 

(1) The owner demonstrates that the facility was 

originally designed and constructed with such merged 

gas streams; 

Volume 25, Issue 12 Virginia Register ofRegulations February 16, 2009 

2061 
Regulations 

(2) After July 8, 1985, such merging is part of a chatge 

in operation at the facility that includes the installation of 

pollution controls and is accompanied by a net reduction 

in the allowable emissions of a pollutant. This exclusion 

from the defmition of "dispersion techniques" shall apply 

only to the emissions limitation for the 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 motivated by 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 of such merging in calculating 

the allowable emissions for the source; 

c. Smoke management in agricultural or silvicultural 

prescribed burning programs; 

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 of sulfur dioxide from the 

facility do not exceed 5,000 tons per year. 

"Emergency" means a situation that immediately and 

unreasonably affects, or has the potential to immediately and 

unreasonably affect, public health, safety or welfare; the 

health of animal or plant life; or property, whether used for 

recreational, commercial, industrial, agricultural or other 

reasonable use. 

"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 of opacity, 

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 anthorized representative. 

"Excess emissions" means emissions of air pollutant in 

excess of an 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 or part to dO\\1lwash, wakes, and 

eddy effects produced by nearby stmctures or nearby 

terrain features which individually is at least 40% in excess 

of the 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 of Article 8 

(9" 'G:! 89 1799 (9VAC5-80-1605 et seq.) of Part II of 

9"AG:! GhHfltel 89 9VAC5-80 (Penn its for Stationary 

Sources), an excessive concentration alternatively means a 

maximum ground-level concentration due to emissions 

from a stack due in whole or part to dO\\1lwash, wakes, or 

eddy effects produced by nearby stmctures or nearby 

terrain features which individually is at least 40% in excess 

of the maximum concentration experienced in the absence 

of the maximum concentration experienced in the absence 

of such dO\\1lwash, wakes, or eddy effects and greater than 

a prevention of significant deterioration increment. The 

allowable emission rate to be used in making 

demonstrations under this provision shall be prescribed by 

the new source perronnance standard that is applicable to 

the source category unless the O\\1ler demonstrates that this 

emission rate is infeasible. Where such demonstrations are 

approved by the board, an alternative emission rate ohall be 

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 of this defmition, except that the 

emission rate specified by any applicable implementation 

plan (or, in the absence of such a limit, the actual emission 

Volume 25, Issue 12 Virginia Register ofRegulations February 16, 2009 

2062 
fate) shall be used, or (ii) the actual presence of a local 

nuisance cmlsed by the existing stack, as detennined by the 

board; and 

3. For sources seeking credit after January 12, 1979, for a 

stack height detennined under subdivision 2 of the GEP 

defmition \\here the board requires the use of a field study 

or fluid model to verify GEP stack height, for sources 

seeking stack height credit after November 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 of structures not 

adequately represented by the equations in subdivision 2 of 

the GEP definition, a maximum grolllld-level concentration 

due in whole or part 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, or eddy effects. 

"Existing source" means any stationary source other than a 

new source or modified 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 

and power plants, apparatus, processes, operations, structures, 

and equipment of all types. 

"Federal Clean Air Act" means 13 TTSG § 7191 ef SeI't., 91 

Chapter 85 (§ 7401 et seq.) of Title 42 ofthe United 

States Code. 

"Federally enforceable" means all limitations and conditions 

which are enforceable by the administrator and citizens under 

the federal Clean Air Act or that are enforceable under other 

statutes administered by the administrator. Federally 

enforceable limitations and conditions include, but are not 

limited to, the following: 

1. Emission standards, alternative emission standards, 

alternative -eHttsstett emissions limitations, and equivalent 

ettHsstett emissions limitations established pursuant to 

§ 112 ofthe federal Clean Air Act as amended in 1990. 

2. New source perfonnance standards established pursuant 

to § 111 of the federal Clean Air Act, and emission 

standards established pursuant to § 112 of the federal 

Clean Air Act before 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 

implementation plan. 

5. Limitations and conditions that are part of a section 

111(d) or section 111(d)/129 plan. 

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 

EPA in accordance with 40 CFR Part 51. 

7. Limitations and conditions that are part of an 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 

of 40 CFR Part 63 for the purposes of implementing and 

enforcing § 112 ofthe federal Clean Air Act. 

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, measured from 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 

(Pennits for Stationary Sources), 

Hg = 2.5H, 

provided the owner produces 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 at the 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 for the 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 created by 

the source itself, nearby structures or nearby terrain 

features. 

Volume 25, Issue 12 Virginia Register ofRegulations February 16, 2009 

2063 
Regulations 

"Hazardous air pollutant" means an air pollutant to 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 

incapacitating reversible, illness. 

1. For pUiposes of applying the fonnulae provided in 

subdivision 2 of the GEP defmition means that distance up 

to five times the lesser ofthe height or the width dimension 

"Implementation plan" means the portion or portions of the of a structure, but not greater than 0.8 km (112 mile); and 

state implementation plan, or the most recent revision thereof, 

which has been approved under§ 110 ofthe federal Clean Air 

Act, or promulgated under § llO(c) of the federal Clean Air 

Act, or promulgated or approved pursuant to regulations 

promulgated under § 301(d) of the federal Clean Air Act and 

which implements the relevant requirements of the federal 

Clean Air Act. 

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 be nearby which falls within a distance of up 

to 10 times the maximum height (Ht) of the feature, not to 

exceed two miles if such feature achieves a height (Ht) 0.8 

km from the stack that is at least 40% of the GEP stack 

"Initial emission test" means the test required by any height detennined by the 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 (Penn its for Stationary Sources) control program, greater, as measured from 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 or more stringent emission feature is measured from 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. 

''N onattainment area" means any area which is sho\\11 by air 

quality monitoring data or, \\here such data are not available, 

\\hich is calculated by air quality modeling (or other methods 

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 "One hour" means any period of 60 consecutive minutes. 

velocity of the gas entering the sampling nozzle is equal to "One-hour period" means any period of 60 consecutive 

that ofthe undisturbed gas stream at the sample point. minutes commencing on the hour. 

"Locality" means a city, to\\11, county or other public body "Organic compound" means any chemical compound of 

created by or pursuant to 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, personal representatives, 

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, of process equipment, or of a process to "Particulate matter" means any airborne finely divided solid 

operate in a nonnal or usual manner, \\hich failure is not due or liquid material with an aerodynamic diameter smaller than 

to intentional misconduct or negligent conduct on the part of 100 micrometers. 

the O\\11er or other person. Failures that are caused in part by 

poor maintenance or careless operation are not malfunctions. "Particulate matter emissions" 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 and record (if applicable) process parameters. diameter less than or equal to a nominal 10 micrometers as 

Volume 25, Issue 12 Virginia Register ofRegulations February 16, 2009 

2064 
measured by the applicable reference method or an equivalent 

method. 

"PMlO emissions" means [mely divided solid or liquid 

material, with an aerodynamic diameter less than or equal to 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 or modified sources. 

"Person" means an individual, corporation, partnership, 

association, agovemmental body, a municipal corporation, or 

any other legal entity. 

"Pollutant" means any substance the presence of which in 

the outdoor atmosphere is or may be hannful or injurious to 

human health, welfare or safety, to animal or plant life, or to 

property, or which unreasonably interferes with the 

enjoyment by the people of life or property. 

"Potential 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 of the source to emit a pollutant, including air 

pollution control equipment, and restrictions on hours of 

operation or on the type or amount of material combusted, 

stored, or processed, shall be treated as part of its 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 nt e 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 of the 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 

EPA regulations: 

1. For ambient air quality standards in 9'" G8 Gft&flfel 39 

9VAC5-30 (Ambient Air Quality Standards'l: The 

applicable ~pendix of 40 CFR Part 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 of 40 CFR Part 51 or Appendix A 

of 40 CFR Part 60. 

3. For emission standards in 9" 'G8 GftBflfel 69 9VAC5­

60 (Hazardous Air Pollutant Sources): Appendix B of 40 

CFR Part 61 or Appendix A of 40 CFR Part 63. 

"Regional director" means the regional director of an 

administrative region of the Department of Environmental 

Quality or a designated representative. 

"Regulation of the board" means any regulation adopted by 

the State Air Pollution Control Board under 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 (Penn its for 

Stationary Sources). 

"Reid vapor pressure" 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 Materials publication, "Standard Test 

Method for Vapor Pressure of Petroleum Products (Reid 

Method)" (see 9V AC5-20-21). 

"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 of good engineering practice. 

"Section 111(d) plan" means the portion or portions of the 

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 

under 40 CFR 60.27( d) in accordance with § 111 (d)(2) ofthe 

federal Clean Air Act, and which implements the relevant 

requirements ofthe federal Clean Air Act. 

"Section 111(d)/129 plan" means the portion or portions of 

the plan, or the most recent revision thereof, which has been 

approved under 40 CFR 60.27(b) in accordance with 

§§ 111(d)(1) and 129(b)(2) of the federal Clean Air Act, or 

promulgated under 40 CFR 60.27(d) in accordance with 

§§ 111(dX2) and 129(b)(3) of the federal Clean Air Act, and 

\\hich implements the relevant requirements of the federal 

Clean Air Act. 

"Shutdown" means the cessation of operation of an affected 

facility for any pUipose. 

"Source" means anyone or combination of the following: 

buildings, structures, facilities, installations, articles, 

machines, equipment, landcraft, watercraft, aircraft or other 

contrivances which contribute, or may contribute, either 

directly or indirectly to air pollution. Any activity by any 

Volume 25, Issue 12 Virginia Register ofRegulations February 16, 2009 

2065 
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 of 40 CFR Part SO. 

cleaning with abrasives or chemicals. ''True vapor pressure" means the equilibrium partial pressure 

"Stack" means any point in a source designed to 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 External Floating­

"Stack in existence" means that the owner had: Roof Tanks" (see 9VACS-ZO-Zl). The API procedure may 

not be applicable to some high viscosity or high 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 as these. 

2. Entered into binding agreements or contractual "Urban area" means any area consisting of a core city with a 

obligations, which could not be canceled or modified population of SO,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 of construction of the 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 of 20ce (68°F) specified, means true vapor pressure, \\hether measured 

and a pressure of760 mm ofHg (Z9.92 inches ofHg). directly, or detennined from Reid vapor pressure by use of 

"Standard of peIfonnance" 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 other requirements that control air pollution emissions. "Virginia Air 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 (Penn its for Stationary Sources)' reactivity other than the 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 of the federal Clean Air Act, 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 or more contiguous or adjacent properties, and g. Dichlorodifluoromethane (CFC-lZ); 

are under the control of the 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 of the i. Trifluoromethane (H FC-Z3); 

same industrial grouping if they 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 

(Penn its for Stationary Sources. n. l,l-dichloro l-fluoroethane (HCFC-14lb); 

Volume 25, Issue 12 Virginia Register ofRegulations February 16, 2009 

2066 
o. 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-245 ea); 

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-( difluorom ethoxym ethyl )-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 

OC2H5or HFE-7200); 

qq. 2-( ethoxydifluoromethy 1)-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-C3F70CH3) (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. methyl fonnate (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. For purposes of detennining compliance with emissions 

standards, volatile organic compounds shall be measured 

by the appropriate reference method in accordance with the 

provisions of 9VAC5-40-30 or 9VAC5-50-30, as 

applicable. Where such a method also measures 

compounds with negligible photochemical reactivity, 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 

approved by the 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 of negligibly reactive 

compounds in the emissions ofthe source. 

4. Exclusion of the 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 of being so inactive 

that they wil1 not contribute significantly to the fonnation 

of ozone in the troposphere. However, this exemption does 

not extend to other properties of the exempted compounds 

which, at some future date, may require regulation and 

limitation of their use in accordance with requirements of 

the federal Clean Air Act. 

5. The fol1owing compound is a VOC for purposes of all 

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 V OC for purposes of V OC emission 

Volume 25, Issue 12 Virginia Register ofRegulations 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 and deterioration of 

property, and hazards to transportation, as well as effects on 

economic values and on personal comfort and well-being. 

Volume 25, Issue 12 Virginia Register ofRegulations February 16, 2009 

2068