ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION E09

CONCERNING

VOC EMISSION STANDARDS, MISCELLANEOUS METAL PARTS AND PRODUCTS 

COATING APPLICATION SYSTEMS

(9VAC5 CHAPTER 40)

Adoption Date: June 19, 2015

Effective Date: February 1, 2016

The following table lists the specific provisions of the attached regulations that will be 

used to implement the State Implementation Plan (SIP). Highlighted provisions are 

included for information purposes only and are not to be construed as part of the 

Commonwealth's SIP, nor are any provisions directly related to the highlighted 

provisions to be considered as part of the SIP. A copy of the actual regulation 

submitted for approval and incorporation by reference into the Virginia SIP is included in 

Enclosure 2; details concerning the specific provisions that are not to be included in the 

Virginia SIP are noted in this copy.

CHAPTER 20 GENERAL PROVISIONS

9VAC5-20-21 Documents Incorporated by Reference (amended)

CHAPTER 40 EXISTING STATIONARY SOURCES

PART II Emission Standards

ARTICLE 34 EMISSION STANDARDS FOR MISCELLANEOUS METAL PARTS 

AND PRODUCTS COATING APPLICATION SYSTEMS (RULE 4-

34)

9VAC5-40-4760 Applicability and designation of affected facility (amended)

ARTICLE 59 EMISSION STANDARDS FOR MISCELLANEOUS METAL PARTS 

AND PRODUCTS COATING APPLICATION SYSTEMS IN THE 

NORTHERN VIRGINIA VOLATILE ORGANIC COMPOUND 

EMISSIONS CONTROL AREA, 8-HOUR OZONE STANDARD 

(RULE 4-59)
9VAC5-40-8810 Applicability and designation of affected facility (added)

9VAC5-40-8820 Definitions (added)

9VAC5-40-8830 Standard for volatile organic compounds (added)

9VAC5-40-8840 Standard for visible emissions (added)

9VAC5-40-8850 Standard for fugitive dust/emissions (added)

9VAC5-40-8860 Standard for odor (added)

9VAC5-40-8870 Standard for toxic pollutants (added)

9VAC5-40-8880 Compliance (added)

9VAC5-40-8890 Compliance schedule (added)

9VAC5-40-8900 Test methods and procedures (added)

9VAC5-40-8910 Monitoring (added)

9VAC5-40-8920 Notification, records and reporting (added)

9VAC5-40-8930 Registration (added)

9VAC5-40-8940 Facility and control equipment maintenance or malfunction (added)

9VAC5-40-8950 Permits (added)

TEMPLATES\SIP-REG\REG01

SIP\NONATTN PLANS\2016\E09-SIP-1.DOC
COMMONWEALTH OF VIRGINIA PAGE 1 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

9VAC5 CHAPTER 20.

GENERAL PROVISIONS.

PART I.

Administrative.

9VAC5-20-21. Documents incorporated by reference.

A. The Administrative Process Act and Virginia Register Act provide that state 

regulations may incorporate documents by reference. Throughout these regulations, 

documents of the types specified below have been incorporated by reference.

1. United States Code.

2. Code of Virginia.

3. Code of Federal Regulations.

4. Federal Register.

5. Technical and scientific reference documents.

Additional information on key federal regulations and nonstatutory documents 

incorporated by reference and their availability may be found in subsection E of this 

section.

B. Any reference in these regulations to any provision of the Code of Federal 

Regulations (CFR) shall be considered as the adoption by reference of that provision. 

The specific version of the provision adopted by reference shall be that contained in the 

CFR (2013) in effect July 1, 2013. In making reference to the Code of Federal 

Regulations, 40 CFR Part 35 means Part 35 of Title 40 of the Code of Federal 

Regulations; 40 CFR 35.20 means § 35.20 in Part 35 of Title 40 of the Code of Federal 

Regulations.

C. Failure to include in this section any document referenced in the regulations

shall not invalidate the applicability of the referenced document.

D. Copies of materials incorporated by reference in this section may be 

examined by the public at the central office of the Department of Environmental Quality, 

Eighth Floor, 629 East Main Street, Richmond, Virginia, between 8:30 a.m. and 4:30 

p.m. of each business day.
COMMONWEALTH OF VIRGINIA PAGE 2 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

E. Information on federal regulations and nonstatutory documents incorporated 

by reference and their availability may be found below in this subsection.

1. Code of Federal Regulations.

a. The provisions specified below from the Code of Federal 

Regulations (CFR) are incorporated herein by reference.

(1) 40 CFR Part 50 - National Primary and Secondary 

Ambient Air Quality Standards.

(a) Appendix A-1 - Reference Measurement Principle 

and Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere 

(Ultraviolet Fluorescence Method). 

(b) Appendix A-2 - Reference Method for the 

Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline Method). 

(c) Appendix B - Reference Method for the 

Determination of Suspended Particulate Matter in the Atmosphere (High-Volume 

Method).

(d) Appendix C - Measurement Principle and 

Calibration Procedure for the Continuous Measurement of Carbon Monoxide in the 

Atmosphere (Non-Dispersive Infrared Photometry).

(e) Appendix D - Measurement Principle and 

Calibration Procedure for the Measurement of Ozone in the Atmosphere.

(f) Appendix E - Reserved.

(g) Appendix F - Measurement Principle and 

Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas 

Phase Chemiluminescence).

(h) Appendix G - Reference Method for the 

Determination of Lead in Suspended Particulate Matter Collected from Ambient Air.

(i) Appendix H - Interpretation of the National Ambient 

Air Quality Standards for Ozone.
COMMONWEALTH OF VIRGINIA PAGE 3 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

(j) Appendix I - Interpretation of the 8-Hour Primary 

and Secondary National Ambient Air Quality Standards for Ozone.

(k) Appendix J - Reference Method for the 

Determination of Particulate Matter as PM10 in the Atmosphere.

(l) Appendix K - Interpretation of the National Ambient 

Air Quality Standards for Particulate Matter.

(m) Appendix L - Reference Method for the 

Determination of Fine Particulate Matter as PM2.5 in the Atmosphere.

(n) Appendix M - Reserved.

(o) Appendix N - Interpretation of the National 

Ambient Air Quality Standards for PM2.5.

(p) Appendix O - Reference Method for the 

Determination of Coarse Particulate Matter as PM in the Atmosphere.

(q) Appendix P - Interpretation of the Primary and 

Secondary National Ambient Air Quality Standards for Ozone.

(r) Appendix Q - Reference Method for the 

Determination of Lead in Suspended Particulate Matter as PM10 Collected From 

Ambient Air.

(s) Appendix R - Interpretation of the National 

Ambient Air Quality Standards for Lead.

(t) Appendix S - Interpretation of the Primary National 

Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide).

(u) Appendix T - Interpretation of the Primary National 

Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide). 

(2) 40 CFR Part 51 -- Requirements for Preparation, 

Adoption, and Submittal of Implementation Plans.

(a) Appendix M -- Recommended Test Methods for 
COMMONWEALTH OF VIRGINIA PAGE 4 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

State Implementation Plans.

(b) Appendix S -- Emission Offset Interpretive Ruling.

(c) Appendix W -- Guideline on Air Quality Models 

(Revised).

(d) Appendix Y - Guidelines for BART Determinations 

Under the Regional Haze Rule.

(3) 40 CFR Part 55 -- Outer Continental Shelf Air 

Regulations.

(4) 40 CFR Part 58 -- Ambient Air Quality Surveillance.

Appendix A - Quality Assurance Requirements for 

SLAMS, SPMs and PSD Air Monitoring.

(5) 40 CFR Part 59 -- National Volatile Organic Compound 

Emission Standards for Consumer and Commercial Products.

(a) Subpart C - National Volatile Organic Compound 

Emission Standards for Consumer Products.

(b) Subpart D - National Volatile Organic Compound 

Emission Standards for Architectural Coatings, Appendix A -- Determination of Volatile 

Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking 

Coatings.

(6) 40 CFR Part 60 -- Standards of Performance for New 

Stationary Sources.

The specific provisions of 40 CFR Part 60 

incorporated by reference are found in Article 5 (9VAC5-50-400 et seq.) of Part II of 

9VAC5-50 (New and Modified Sources).

(7) 40 CFR Part 61 -- National Emission Standards for 

Hazardous Air Pollutants.

The specific provisions of 40 CFR Part 61 

incorporated by reference are found in Article 1 (9VAC5-60-60 et seq.) of Part II of 

9VAC5-60 (Hazardous Air Pollutant Sources).
COMMONWEALTH OF VIRGINIA PAGE 5 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

(8) 40 CFR Part 63 - National Emission Standards for 

Hazardous Air Pollutants for Source Categories.

The specific provisions of 40 CFR Part 63 

incorporated by reference are found in Article 2 (9VAC5-60-90 et seq.) of Part II of 

9VAC5-60 (Hazardous Air Pollutant Sources).

(9) 40 CFR Part 64, Compliance Assurance Monitoring.

(10) 40 CFR Part 72, Permits Regulation.

(11) 40 CFR Part 73, Sulfur Dioxide Allowance System.

(12) 40 CFR Part 74, Sulfur Dioxide Opt-Ins.

(13) 40 CFR Part 75, Continuous Emission Monitoring.

(14) 40 CFR Part 76, Acid Rain Nitrogen Oxides Emission 

Reduction Program.

(15) 40 CFR Part 77, Excess Emissions.

(16) 40 CFR Part 78, Appeal Procedures for Acid Rain 

Program.

(17) 40 CFR Part 152 Subpart I, Classification of Pesticides.

(18) 49 CFR Part 172, Hazardous Materials Table. Special 

Provisions, Hazardous Materials Communications, Emergency Response Information, 

and Training Requirements, Subpart E, Labeling.

(19) 29 CFR Part 1926 Subpart F, Fire Protection and 

Prevention.

b. Copies may be obtained from: Superintendent of Documents, 

P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954; phone (202) 783-3238.

2. U.S. Environmental Protection Agency.

a. The following documents from the U.S. Environmental Protection 
COMMONWEALTH OF VIRGINIA PAGE 6 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

Agency are incorporated herein by reference:

(1) Reich Test, Atmospheric Emissions from Sulfuric Acid 

Manufacturing Processes, Public Health Service Publication No. PB82250721, 1980.

(2) Compilation of Air Pollutant Emission Factors (AP-42). 

Volume I: Stationary and Area Sources, stock number 055-000-00500-1, 1995; 

Supplement A, stock number 055-000-00551-6, 1996; Supplement B, stock number 

055-000-00565, 1997; Supplement C, stock number 055-000-00587-7, 1997; 

Supplement D, 1998; Supplement E, 1999.

(3) "Guidelines for Determining Capture Efficiency" (GD-35), 

Emissions Monitoring and Analysis Division, Office of Air Quality Planning and 

Standards, January 9, 1995.

b. Copies of the document identified in subdivision E 2 a (1) of this 

section, and Volume I and Supplements A through C of the document identified in 

subdivision E 2 a (2) of this section, may be obtained from: U.S. Department of 

Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, 

Virginia 22161; phone 1-800-553-6847. Copies of Supplements D and E of the 

document identified in subdivision E 2 a (2) of this section may be obtained online from 

EPA's Technology Transfer Network at http://www.epa.gov/ttn/index.html. Copies of the 

document identified in subdivision E 2 a (3) of this section are only available online from 

EPA's Technology Transfer Network at http://www.epa.gov/ttn/emc/guidlnd.html.

3. U.S. government.

a. The following document from the U.S. government is 

incorporated herein by reference: Standard Industrial Classification Manual, 1987 (U.S. 

Government Printing Office stock number 041-001-00-314-2).

b. Copies may be obtained from: Superintendent of Documents, 

P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954; phone (202) 512-1800.

4. American Society for Testing and Materials (ASTM).

a. The documents specified below from the American Society for 

Testing and Materials are incorporated herein by reference.

(1) D323-99a, "Standard Test Method for Vapor Pressure of 

Petroleum Products (Reid Method)."
COMMONWEALTH OF VIRGINIA PAGE 7 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

(2) D97-96a, "Standard Test Method for Pour Point of 

Petroleum Products."

(3) D129-00, "Standard Test Method for Sulfur in Petroleum 

Products (General Bomb Method)."

(4) D388-99, "Standard Classification of Coals by Rank."

(5) D396-98, "Standard Specification for Fuel Oils."

(6) D975-98b, "Standard Specification for Diesel Fuel Oils."

(7) D1072-90(1999), "Standard Test Method for Total Sulfur 

in Fuel Gases."

(8) D1265-97, "Standard Practice for Sampling Liquefied 

Petroleum (LP) Gases (Manual Method)."

(9) D2622-98, "Standard Test Method for Sulfur in 

Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry."

(10) D4057-95(2000), "Standard Practice for Manual 

Sampling of Petroleum and Petroleum Products."

(11) D4294-98, "Standard Test Method for Sulfur in 

Petroleum and Petroleum Products by Energy-Dispersive X-Ray Fluorescence 

Spectroscopy."

(12) D523-89, "Standard Test Method for Specular Gloss" 

(1999).

(13) D1613-02, "Standard Test Method for Acidity in Volatile 

Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related 

Products" (2002).

(14) D1640-95, "Standard Test Methods for Drying, Curing, 

or Film Formation of Organic Coatings at Room Temperature" (1999).

(15) E119-00a, "Standard Test Methods for Fire Tests of 

Building Construction Materials" (2000).
COMMONWEALTH OF VIRGINIA PAGE 8 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

(16) E84-01, "Standard Test Method for Surface Burning 

Characteristics of Building Construction Materials" (2001).

(17) D4214-98, "Standard Test Methods for Evaluating the 

Degree of Chalking of Exterior Paint Films" (1998).

(18) D86-04b, "Standard Test Method for Distillation of 

Petroleum Products at Atmospheric Pressure" (2004).

(19) D4359-90, "Standard Test Method for Determining 

Whether a Material is a Liquid or a Solid" (reapproved 2000).

(20) E260-96, "Standard Practice for Packed Column Gas 

Chromatography" (reapproved 2001).

(21) D3912-95, "Standard Test Method for Chemical 

Resistance of Coatings Used in Light-Water Nuclear Power Plants" (reapproved 2001).

(22) D4082-02, "Standard Test Method for Effects of 

Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants."

(23) F852-99, "Standard Specification for Portable Gasoline 

Containers for Consumer Use" (reapproved 2006).

(24) F976-02, "Standard Specification for Portable Kerosine 

and Diesel Containers for Consumer Use."

(25) D4457-02, "Standard Test Method for Determination of 

Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection 

into a Gas Chromatograph" (reapproved 2008).

(26) D3792-05, "Standard Test Method for Water Content of 

Coatings by Direct Injection Into a Gas Chromatograph."

(27) D2879-97, "Standard Test Method for Vapor PressureTemperature Relationship and Initial Decomposition Temperature of Liquids by 

Isoteniscope" (reapproved 2007).

b. Copies may be obtained from: American Society for Testing 

Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959; 
COMMONWEALTH OF VIRGINIA PAGE 9 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

phone (610) 832-9585.

5. American Petroleum Institute (API).

a. The following document from the American Petroleum Institute is 

incorporated herein by reference: Evaporative Loss from Floating Roof Tanks, API 

MPMS Chapter 19, April 1, 1997.

b. Copies may be obtained from: American Petroleum Institute, 

1220 L Street, Northwest, Washington, D.C. 20005; phone (202) 682-8000.

6. American Conference of Governmental Industrial Hygienists (ACGIH).

a. The following document from the ACGIH is incorporated herein 

by reference: 1991-1992 Threshold Limit Values for Chemical Substances and Physical 

Agents and Biological Exposure Indices (ACGIH Handbook).

b. Copies may be obtained from: ACGIH, 1330 Kemper Meadow 

Drive, Suite 600, Cincinnati, Ohio 45240; phone (513) 742-2020.

7. National Fire Prevention Association (NFPA).

a. The documents specified below from the National Fire 

Prevention Association are incorporated herein by reference.

(1) NFPA 385, Standard for Tank Vehicles for Flammable 

and Combustible Liquids, 2000 Edition.

(2) NFPA 30, Flammable and Combustible Liquids Code, 

2000 Edition.

(3) NFPA 30A, Code for Motor Fuel Dispensing Facilities 

and Repair Garages, 2000 Edition.

b. Copies may be obtained from the National Fire Prevention 

Association, One Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-

9101; phone (617) 770-3000.

8. American Society of Mechanical Engineers (ASME).

a. The documents specified below from the American Society of 
COMMONWEALTH OF VIRGINIA PAGE 10 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

Mechanical Engineers are incorporated herein by reference.

(1) ASME Power Test Codes: Test Code for Steam 

Generating Units, Power Test Code 4.1--1964 (R1991).

(2) ASME Interim Supplement 19.5 on Instruments and 

Apparatus: Application, Part II of Fluid Meters, 6th edition (1971).

(3) Standard for the Qualification and Certification of 

Resource Recovery Facility Operators, ASME QRO-1-1994.

b. Copies may be obtained from the American Society of 

Mechanical Engineers, Three Park Avenue, New York, New York 10016; phone (800) 

843-2763.

9. American Hospital Association (AHA).

a. The following document from the American Hospital Association 

is incorporated herein by reference: An Ounce of Prevention: Waste Reduction 

Strategies for Health Care Facilities, AHA Catalog no. W5-057007, 1993.

b. Copies may be obtained from: American Hospital Association, 

One North Franklin, Chicago, IL 60606; phone (800) 242-2626.

10. Bay Area Air Quality Management District (BAAQMD).

a. The following documents from the Bay Area Air Quality 

Management District are incorporated herein by reference:

(1) Method 41, "Determination of Volatile Organic 

Compounds in Solvent-Based Coatings and Related Materials Containing 

Parachlorobenzotrifluoride" (December 20, 1995).

(2) Method 43, "Determination of Volatile Methylsiloxanes in 

Solvent-Based Coatings, Inks, and Related Materials" (November 6, 1996).

b. Copies may be obtained from: Bay Area Air Quality Management 

District, 939 Ellis Street, San Francisco, CA 94109, phone (415) 771-6000.

11. South Coast Air Quality Management District (SCAQMD).
COMMONWEALTH OF VIRGINIA PAGE 11 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

a. The following documents from the South Coast Air Quality 

Management District are incorporated herein by reference:

(1) Method 303-91, "Determination of Exempt Compounds," 

in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" 

(1996).

(2) Method 318-95, "Determination of Weight Percent 

Elemental Metal in Coatings by X-Ray Diffraction," in Manual SSMLLABM, "Laboratory 

Methods of Analysis for Enforcement Samples" (1996).

(3) Rule 1174 Ignition Method Compliance Certification 

Protocol (February 28, 1991).

(4) Method 304-91, "Determination of Volatile Organic 

Compounds (VOC) in Various Materials," in Manual SSMLLABM, "Laboratory Methods 

of Analysis for Enforcement Samples" (1996).

(5) Method 316A-92, "Determination of Volatile Organic 

Compounds (VOC) in Materials Used for Pipes and Fittings" in Manual SSMLLABM, 

"Laboratory Methods of Analysis for Enforcement Samples" (1996).

(6) "General Test Method for Determining Solvent Losses 

from Spray Gun Cleaning Systems," October 3, 1989.

b. Copies may be obtained from: South Coast Air Quality 

Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, phone (909) 

396-2000.

12. California Air Resources Board (CARB).

a. The following documents from the California Air Resources 

Board are incorporated herein by reference:

(1) Test Method 510, "Automatic Shut-Off Test Procedure 

for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).

(2) Test Method 511, "Automatic Closure Test Procedure for 

Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).

(3) Method 100, "Procedures for Continuous Gaseous 
COMMONWEALTH OF VIRGINIA PAGE 12 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

Emission Stack Sampling" (July 28, 1997).

(4) Test Method 513, "Determination of Permeation Rate for 

Spill-Proof Systems" (July 6, 2000).

(5) Method 310, "Determination of Volatile Organic 

Compounds (VOC) in Consumer Products and Reactive Organic Compounds in 

Aerosol Coating Products (Including Appendices A and B)" (May 5, 2005).

(6) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).

(7) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 2, §§ 94509 and 94511 (2003).

(8) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 4, §§ 94540-94555 (2003).

(9) "Certification Procedure 501 for Portable Fuel Containers 

and Spill-Proof Spouts, CP-501" (July 26, 2006).

(10) "Test Procedure for Determining Integrity of Spill-Proof 

Spouts and Spill-Proof Systems, TP-501" (July 26, 2006).

(11) "Test Procedure for Determining Diurnal Emissions 

from Portable Fuel Containers, TP-502" (July 26, 2006).

b. Copies may be obtained from: California Air Resources Board, 

P.O. Box 2815, Sacramento, CA 95812, phone (906) 322-3260 or (906) 322-2990.

13. American Architectural Manufacturers Association.

a. The following documents from the American Architectural 

Manufacturers Association are incorporated herein by reference:

(1) Voluntary Specification 2604-02, "Performance 

Requirements and Test Procedures for High Performance Organic Coatings on 

Aluminum Extrusions and Panels" (2002).

(2) Voluntary Specification 2605-02, "Performance 

Requirements and Test Procedures for Superior Performing Organic Coatings on 
COMMONWEALTH OF VIRGINIA PAGE 13 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

Aluminum Extrusions and Panels" (2002).

b. Copies may be obtained from: American Architectural 

Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL 

60173, phone (847) 303-5664.

14. American Furniture Manufacturers Association.

a. The following document from the American Furniture 

Manufacturers Association is incorporated herein by reference: Joint Industry Fabrics 

Standards Committee, Woven and Knit Residential Upholstery Fabric Standards and 

Guidelines (January 2001).

b. Copies may be obtained from: American Furniture 

Manufacturers Association, P.O. Box HP-7, High Point, NC 27261; phone (336) 884-

5000.

15. American Architectural Manufacturers Association (AAMA).

a. The following documents from the American Architectural 

Manufacturers Association are incorporated herein by reference:

1. Voluntary Specification, Performance Requirements and 

Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and 

Panels, publication number AAMA 2604-05.

2. Voluntary Specification, Performance Requirements and 

Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions 

and Panels, publication number AAMA 2605-05.

b. Copies may be obtained from: American Architectural 

Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL 

60173-4268; phone 847-303-5774.

9 VAC 5 CHAPTER 40.

EXISTING STATIONARY SOURCES.

PART II.

Emission Standards.

ARTICLE 34.
COMMONWEALTH OF VIRGINIA PAGE 14 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

Emission Standards for Miscellaneous Metal Parts

and Products Coating Application Systems (Rule 4-34).

9VAC5-40-4760. Applicability and designation of affected facility.

A. Except as provided in subsections C and D of this section, the affected facility to 

which the provisions of this article apply is each miscellaneous metal parts and products 

coating application system.

B. The provisions of this article apply only to sources of volatile organic 

compounds in volatile organic compound emissions control areas designated in 9VAC5-

20-206. On and after February 1, 2017, this article does not apply to sources in the 

Northern Virginia Volatile Organic Compound Emissions Control Area designated in 

9VAC5-20-206. These sources are subject to Article 59 (9VAC5-40-8810 et seq.) of this 

part.

C. Exempted from the provisions of this article are coating plants whose emissions 

of volatile organic compounds are not more than 2.7 tons per year, 15 pounds per day

and three pounds per hour, based on the actual emission rate. All volatile organic 

compound emissions from purging or washing solvents shall be considered in applying 

the exemption levels specified in this subsection.

D. The provisions of this article do not apply to the following:

1. Coating application systems used exclusively for determination of product 

quality and commercial acceptance provided:

a. The operation is not an integral part of the production process;

b. The emissions from all product quality coating application systems 

do not exceed 400 pounds in any 30 day period; and

c. The exemption is approved by the board.

2. Vehicle refinishing operations.

3. Vehicle customized coating operations, if production is less than 20 

vehicles per day.

4. Fully assembled aircraft and marine vessel exterior coating operations.
COMMONWEALTH OF VIRGINIA PAGE 15 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

ARTICLE 59.

Emission Standards for Miscellaneous Metal Parts and Products Coating Application 

Systems in the Northern Virginia Volatile Organic Compound Emissions Control Area,

8-hour Ozone Standard (Rule 4-59).

9VAC5-40-8810. Applicability and designation of affected facility.

A. Except as provided in subsections C through H of this section, the affected 

facility to which the provisions of this article apply is each miscellaneous metal product 

and plastic parts surface coating operation at a facility where the total actual emissions 

of volatile organic compounds (VOCs) from all miscellaneous metal product and plastic 

parts surface coating operations, including related cleaning activities, at that facility are 

equal to or exceed 6.8 kilograms per day (15 pounds per day), or an equivalent level of 

2.7 tons per 12-month rolling period, before consideration of controls.

B. The provisions of this article apply only to affected facilities located in the 

Northern Virginia VOC Emissions Control Area designated in subdivision 1a of 9VAC5-

20-206.

C. Facilities that coat bodies or body parts for new heavier vehicles (including all 

vehicles that meet the definition of the term "other motor vehicles" as defined in 40 CFR 

63.3176 of the National Emission Standards for Surface Coating of Automobile and 

Light-Duty Trucks) may, in lieu of complying with the provisions of this article, opt to 

comply with Article 28 (Emission Standards For Automobile and Light Duty Truck 

Coating Application Systems, 9VAC5-40-3860 et seq.) of 9VAC5-40 (Existing 

Stationary Sources).

D. The provisions of this article do not apply to the following:

1. Miscellaneous metal product and plastic parts surface coating 

operations subject to Article 26 (Emissions Standards for Large Appliance Coating

Application Systems, 9VAC5-40-3560 et seq.), Article 27 (Emission Standards For 

Magnet Wire Coating Application Systems, 9VAC5-40-3710 et seq.), Article 29 

(Emission Standards For Can Coating Application Systems, 9VAC5-40-4010 et seq.), 

Article 30 (Emission Standards For Metal Coil Coating Application Systems, 9VAC5-40-

4160), Article 31 (Emission Standards For Paper and Fabric Coating Application 

Systems, 9VAC5-40-4310), Article 33 (Metal Furniture Coating Application Systems, 

9VAC5-40-4610 et seq.),and Article 48 (Emission Standards for Mobile Equipment 

Repair and Refinishing Operations, 9VAC5-40-6970 et seq.) of 9VAC5-40 (Existing 

Stationary Sources); and Article 5 (Emission Standards for Architectural and Industrial 
COMMONWEALTH OF VIRGINIA PAGE 16 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

Maintenance Coatings, 9VAC5-45-520 et seq.) of 9VAC5-45 (Consumer and 

Commercial Products).

2. Coating application systems used exclusively for determination of product 

quality and coatings that are applied to test panels and coupons as part of research and 

development, quality control, or performance testing activities at paint research or 

manufacturing facilities.

3. Coatings applied using a hand-held, pressurized, non-refillable 

container which expels coatings from the container in a finely divided spray when a 

valve on the container is depressed.

4. Miscellaneous metal product and plastic parts surface coating 

operations associated with the following product categories or processes: aerospace 

coatings; wood furniture coatings; fiberglass boat manufacturing materials; and paper, 

film, and foil coatings not otherwise regulated under Article 31 (Emission Standards for 

Paper and Fabric Coating Application Systems, 9VAC5-40-4310) of 9VAC5-40 (Existing 

Stationary Sources).

5. Recommended VOC limits and application methods do not apply to 

aerosol coating products or powder coatings.

E. For metal coatings:

1. . Recommended work practices still apply, however, the VOC limits and 

application methods for provisions of this article do not apply to the following:

a. Stencil coatings;

b. Safety-indicating coatings;

c Solid-film lubricants;

d. Electric-insulating and thermal conducting coatings;

e. Magnetic data storage disk coatings; and

f. Plastic extruded onto metal parts to form a coating.

2. Recommended VOC limits and work practices still apply to these 

coatings and coating operations, however, the application methods for provisions of this 
COMMONWEALTH OF VIRGINIA PAGE 17 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

article do not apply to the following:

a. Touch-up coatings;

b. Repair coatings; and

c. Textured finishes. 

F. For plastic coatings:

1. Recommended application and work practices still apply to these 

coatings and coating operations, however, the VOC limits for provisions of this article do 

not apply to the following:

a. Touch-up and repair coatings;

b. Stencil coatings applied on clear or transparent substrates;

c. Clear or translucent coatings;

d. Coatings applied at a paint manufacturing facility while conducting 

performance tests on the coatings;

e. Any individual coating category used in volumes less than 50 

gallons in any one year, if substitute complaint coatings are not available, provided that 

the total usage of all such coatings does not exceed 200 gallons per year, per facility;

f. Reflective coating applied to highway cones;

g. Mask coatings that are less than 0.5 millimeter thick (dried) and 

the area coated is less than 25 square inches;

h. EMI/RF shielding coatings; and 

i. Heparin-benzalkonium chloride (HBAC)-contained coatings applied 

to medical devices, provided that the total usage of all such coatings does not exceed 

100 gallons per year, per facility.

2. The application methods for provisions of this article do not apply to 

airbrush methods using 5 gallons or less per year of coating, however, VOC limits and 

work practices do apply.
COMMONWEALTH OF VIRGINIA PAGE 18 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

G. For automotive/transportation and business machine plastic part coatings:

1. The VOC limits for provisions of this article do not apply to the following:

a. Texture coatings;

b. Vacuum metalizing coatings;

c. Gloss reducers;

d. Texture topcoats;

e. Adhesion primers;

f. Electrostatic preparation coatings;

g. Resist coatings; and 

h. Stencil coatings.

2. Recommended application and work practices still apply to these 

coatings and coating operations.

H. For pleasure craft surface coating operations, VOC limits and work practices do 

apply to extreme high gloss coatings, however, recommended application methods do not 

apply.

9VAC5-40-8820. Definitions.

A. For the purpose of these regulations and subsequent amendments or any 

orders issued by the board, the words or terms shall have the meaning given them in 

subsection C of this section.

B. As used in this article, all terms not defined here shall have the meaning given 

them in 9VAC5-10 (General Definitions), unless otherwise required by context.

C. Terms defined.

"Aerospace coatings" means materials that are applied to the surface of 

an aerospace vehicle or component to form a decorative, protective, or functional solid 
COMMONWEALTH OF VIRGINIA PAGE 19 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

film, or the solid film itself at a facility that produces, reworks, or repairs in any amount 

any commercial, civil, or military aerospace vehicle or component.

"Air-dried coating" means:

1. For general use, a coating that is cured at a temperature below 

90°C (194°F).

2. For automotive/transportation and business machine use, a 

coating that is dried by the use of air or forced warm air at temperatures up to 90°C 

(194°F).

"Antifoulant coating" means any coating applied to the underwater portion 

of a pleasure craft to prevent or reduce the attachment of biological organisms, and 

registered with the U.S. Environmental Protection Agency (EPA) as a pesticide under 

the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136).

“Antifouling Sealer/Tie Coat" means any coating applied over biocidal 

antifouling coating for the purpose of preventing release of biocides into the 

environment and/or to promote adhesion between an antifouling and a primer or other 

antifoulings.”

"Baked coating" means a coating that is cured at a temperature at or 

above 90°C (194°F).

"Black automotive coating" means a coating that meets both of the 

following criteria: (i) maximum lightness of 23 units and (ii) saturation of less than 2.8, 

where saturation equals the square root of A2 + B2. These criteria are based on Cielab 

color space, 0/45 geometry. For spherical geometry, specular included, maximum 

lightness is 33 units.

"Biocide" means a chemical substance or microorganism which can deter, 

render harmless, or exert a controlling effect on any harmful organism by chemical or 

biological means.

"Business machine" means a device that uses electronic or mechanical 

methods to process information, perform calculations, print or copy information or 

convert sound into electrical impulses for transmission, including devices listed in 

Standard Industrial Classification numbers 3572, 3573, 3574, 3579, and 3661 and 

photocopy machines, a subcategory of Standard Industrial Classification number 386

National American Industry Classification System (NAICS) codes 333318, 334111, 
COMMONWEALTH OF VIRGINIA PAGE 20 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

339940, 334112, 334118, 334210, 334418, 334519, 334613 and photocopying 

equipment in 333316.

"Camouflage coating" means a coating used, principally by the military, to 

conceal equipment from detection.

"Clear coating" means:

1. For general use, a colorless coating that contains binders, but no 

pigment, and is formulated to form a transparent film.

2. For automotive/transportation and business machine use, a 

coating that lacks color and opacity or is transparent and that uses the undercoat as a 

reflectant base or undertone color.

"Coating unit" means a series of one or more coating applicators and any 

associated drying area or oven wherein a coating is applied, dried, or cured. A coating 

unit ends at the point where the coating is dried or cured, or prior to any subsequent 

application of a different coating. It is not necessary for a coating unit to have an oven 

or flash-off area.

"Drum" means any cylindrical metal shipping container larger than 12 

gallons capacity but no larger than 110 gallons capacity.

"Electric dissipating coating" means a coating that rapidly dissipates a 

high-voltage electric charge.

"Electric-insulating varnish" means a non-convertible-type coating applied 

to electric motors, components of electric motors, or power transformers, to provide 

electrical, mechanical, and environmental protection or resistance.

"EMF/RFI shielding" means a coating used on electrical or electronic 

equipment to provide shielding against electromagnetic interference, radio frequency 

interference , or static discharge.

"Etching filler" means a coating that contains less than 23% solids by 

weight and at least 0.5% acid by weight, and is used instead of applying a pretreatment 

coating followed by a primer.

"Extreme high-gloss coating" means:
COMMONWEALTH OF VIRGINIA PAGE 21 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

1. For general use, a coating that, when tested by the American 

Society for Testing and Materials (ASTM) Standard Test Method for Specular Gloss 

(see 9VAC5-20-21), shows a reflectance of 75 or more on a 60° meter.

2. For pleasure craft surface coating, any coating that achieves at 

least 95% reflectance on a 60° meter when tested by ASTM Standard Test Method for 

Specular Gloss (see 9VAC5-20-21).

"Extreme performance coating" means a coating used on a metal or 

plastic surface where the coated surface is, in its intended use, subject to the following:

1. Chronic exposure to corrosive, caustic or acidic agents, 

chemicals, chemical fumes, chemical mixtures or solutions; 

2. Repeated exposure to temperatures in excess of 250°F; or

3. Repeated heavy abrasion, including mechanical wear and 

repeated scrubbing with industrial grade solvents, cleansers or scouring agents. 

Extreme performance coatings include, but are not limited to, coatings applied to 

locomotives, railroad cars, farm machinery, and heavy duty trucks.

"Fiberglass boat manufacturing materials" means materials utilized at 

facilities that manufacture hulls or decks of boats from fiberglass, or build molds to 

make fiberglass boat hulls or decks. Fiberglass boat manufacturing materials are not 

materials used at facilities that manufacture solely parts of boats (such as hatches, 

seats, or lockers) or boat trailers, but do not (i) manufacture hulls or decks of boats from 

fiberglass, or (ii) build molds to make fiberglass boat hulls or decks.

"Finish primer/surfacer" means a coating applied with a wet film thickness 

of less then 10 mils prior to the application of a topcoat for purposes of providing 

corrosion resistance, adhesion of subsequent coatings, a moisture barrier, or promotion 

of a uniform surface necessary for filling in surface imperfections.

"Flexible coating" means any coating that is required to comply with 

engineering specifications for impact resistance, mandrel bend, or elongation as 

defined by the original equipment manufacturer.

"Fog coat" means a coating that is applied to a plastic part for the purpose 

of color matching without masking a molded-in texture. A fog coat shall not be applied 

at a thickness of more than 0.5 mils of coating solids.
COMMONWEALTH OF VIRGINIA PAGE 22 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

"Heat-resistant coating" means a coating that must withstand a 

temperature of at least 400°F during normal use.

"High bake coating" means a coating that is designed to cure only at 

temperatures of more than 90°C (194°F).

"High build primer/surfacer" means a coating applied with a wet film 

thickness of 10 mils or more prior to the application of a topcoat for purposes of 

providing corrosion resistance, adhesion of subsequent coatings, or a moisture barrier, 

or promoting a uniform surface necessary for filling in surface imperfections.

"High gloss" means any coating that achieves at least 85% reflectance on 

a 60° meter when tested by ASTM Standard Test Method for Specular Gloss (see 

9VAC5-20-21).

"High performance architectural coating" means a coating used to protect 

architectural subsections and that meets the requirements of the Architectural 

Aluminum Manufacturer Association's publication number AAMA 2604-05 (Voluntary 

Specification, Performance Requirements and Test Procedures for High Performance 

Organic Coatings on Aluminum Extrusions and Panels) or 2605-05 (Voluntary 

Specification, Performance Requirements and Test Procedures for Superior Performing 

Organic Coatings on Aluminum Extrusions and Panels).

"High temperature coating" means a coating that is certified to withstand a 

temperature of 1000°F for 24 hours.

"Metallic coating" means a coating that contains more than 5 grams of 

metal particles per liter of coating as applied. "Metal particles" are pieces of a pure 

elemental metal or a combination of elemental metals.

"Military specification coating" means a coating that has a formulation

approved by a United States military agency for use on military equipment.

"Miscellaneous metal parts and products" means a varied range of metal 

and plastic parts and products that are constructed either entirely or partially from metal 

or plastic. These miscellaneous metal products and plastic parts include, but are not 

limited to, metal and plastic components of the following types of products as well as 

the products themselves: fabricated metal products, molded plastic parts, small and 

large farm machinery, commercial and industrial machinery and equipment, automotive 

or transportation equipment, interior or exterior automotive parts, construction 
COMMONWEALTH OF VIRGINIA PAGE 23 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

equipment, motor vehicle accessories, bicycles and sporting goods, toys, recreational 

vehicles, pleasure craft (recreational boats), extruded aluminum structural components, 

railroad cars, heavier vehicles (as defined in 40 CFR 63.3176), lawn and garden 

equipment, business machines, laboratory and medical equipment, electronic 

equipment, steel drums, metal pipes, and numerous other industrial and household 

products.

"Miscellaneous metal product and plastic parts coating" means coatings 

that include paints, sealants, caulks, inks, and maskants (decorative, protective, or 

functional materials that consist only of protective oils for metal, acids, bases, or any 

combination of these substances are not considered miscellaneous metal or plastic part 

coatings). The paints include several categories of primers, topcoats, and specialty 

coatings, typically defined by the coating’s function. The types of coating technologies 

used by miscellaneous metal product and plastic part surface coating facilities include 

higher solids, waterborne, and powder coatings, as well as conventional solvent-borne 

coatings. Decorative, protective, or functional materials that consist only of protective 

oils for metal, acids, bases, or any combination of these substances are not considered 

miscellaneous metal or plastic part coatings.

"Miscellaneous metal product and plastic parts surface coating operation" 

means the application of surface coatings by the manufacturer of miscellaneous metal 

and plastic parts to the parts it produces, and by facilities that perform surface coating 

of miscellaneous metal and plastic parts on a contract basis.

"Mold seal coating" means the initial coating applied to a new mold or a 

repaired mold to provide a smooth surface that, when coated with a mold release 

coating, prevents products from sticking to the mold.

"Motor vehicle bedliner" means a multi-component coating, used at a 

facility that is not an automobile or light-duty truck assembly coating facility, applied to a 

cargo bed after the application of topcoat to provide additional durability and chip 

resistance.

"Motor vehicle cavity wax" means a coating, used at a facility that is not an 

automobile or light-duty truck assembly coating facility, applied into the cavities of the 

vehicle primarily for the purpose of enhancing corrosion protection.

"Motor vehicle deadener" means a coating, used at a facility that is not an 

automobile or light-duty truck assembly coating facility, applied to selected vehicle 

surfaces primarily for the purpose of reducing the sound of road noise in the passenger 

compartment.
COMMONWEALTH OF VIRGINIA PAGE 24 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

"Motor vehicle gasket/sealing material" means a fluid, used at a facility 

that is not an automobile or light-duty truck assembly coating facility, applied to coat a 

gasket or replace and perform the same function as a gasket. Automobile and light-duty 

truck gasket/gasket sealing material includes room temperature vulcanization (RTV) 

seal material.

"Motor vehicle lubricating wax/compound" means a protective lubricating 

material, used at a facility that is not an automobile or light-duty truck assembly coating 

facility, applied to vehicle hubs and hinges.

"Motor vehicle sealer" means a high viscosity material, used at a facility 

that is not an automobile or light-duty truck assembly coating facility, generally, but not 

always, applied in the paint shop after the body has received an electrodeposition 

primer coating and before the application of subsequent coatings (e.g., primersurfacer). The primary purpose of automobile and light-duty truck sealer is to fill body 

joints completely so that there is no intrusion of water, gases or corrosive materials into 

the passenger area of the body compartment. Such materials are also referred to as 

sealant, sealant primer, or caulk.

"Motor vehicle trunk interior coating" means a coating, used at a facility 

that is not an automobile or light-duty truck assembly coating facility, applied to the 

trunk interior to provide chip protection.

"Motor vehicle underbody coating" means a coating, used at a facility that 

is not an automobile or light-duty truck assembly coating facility, applied to the 

undercarriage or firewall to prevent corrosion or provide chip protection.

"Multi-colored coating" means a coating that exhibits more than one color 

when applied, and which is packaged in a single container and applied in a single coat.

"Multi-component coating" means a coating requiring the addition of a 

separate reactive resin, commonly known as a catalyst or hardener, before application 

to form an acceptable dry film.

"One-component coating" means a coating that is ready for application as 

it comes out of its container to form an acceptable dry film. A thinner, necessary to 

reduce the viscosity, is not considered a component.

"Optical coating" means a coating applied to an optical lens.
COMMONWEALTH OF VIRGINIA PAGE 25 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

"Pan-backing coating" means a coating applied to the surface of pots, 

pans, or other cooking implements that are exposed directly to a flame or other heating 

elements.

"Paper, film and foil coating" means coating that is applied to paper, film, 

or foil surfaces in the manufacturing of several major product types for the following 

industry sectors: pressure sensitive tape and labels (including fabric coated for use in 

pressure sensitive tapes and labels); photographic film; industrial and decorative 

laminates; abrasive products (including fabric coated for use in abrasive products); and 

flexible packaging (including coating of non-woven polymer substrates for use in flexible 

packaging). Paper and film coating also includes coatings applied during miscellaneous 

coating operations for several products including: corrugated and solid fiber boxes; diecut paper paperboard, and cardboard; converted paper and paperboard not elsewhere 

classified; folding paperboard boxes, including sanitary boxes; manifold business forms 

and related products; plastic aseptic packaging; and carbon paper and inked ribbons.

"Pleasure craft" means vessels that are manufactured or operated 

primarily for recreational purposes, or leased, rented, or chartered to a person or 

business for recreational purposes. The owner of such vessels shall be responsible for 

certifying that the intended use is for recreational purposes.

"Pleasure craft coating" means any marine coating, except unsaturated 

polyester resin (fiberglass) coatings, applied by brush, spray, roller, or other means to a 

pleasure craft.

"Prefabricated architectural component coatings" means coatings applied 

to metal parts and products that are to be used as an architectural structure.

"Pretreatment coating" means a coating that contains no more than 12% 

solids by weight, and at least 0.5% acids, by weight, is used to provide surface etching, 

and is applied directly to metal surfaces to provide corrosion resistance, adhesion, and 

ease of stripping.

"Pretreatment wash primer" means a coating that contains no more than 

12% solids, by weight, and at least 0.5% acids, by weight; is used to provide surface 

etching; and is applied directly to fiberglass and metal surfaces to provide corrosion 

resistance and adhesion of subsequent coatings.

"Red automotive coating" means a coating that meets all of the following 

criteria: 
COMMONWEALTH OF VIRGINIA PAGE 26 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

1. Yellow limit: the hue of hostaperm scarlet.

2. Blue limit: the hue of monastral red-violet.

3. Lightness limit for metallics: 35% aluminum flake.

4. Lightness limit for solids: 50% titanium dioxide white. 

5. Solid reds: hue angle of -11 to 38 degrees and maximum 

lightness of 23 to 45 units.

6. Metallic reds: hue angle of -16 to 35 degrees and maximum 

lightness of 28 to 45 units.

These criteria are based on Cielab color space, 0/45 geometry. For spherical geometry, 

specular included, the upper limit is 49 units. The maximum lightness varies as the hue 

moves from violet to orange. This is a natural consequence of the strength of the 

colorants, and real colors show this effect.

"Repair coating" means a coating used to re-coat portions of a previously 

coated product that has sustained mechanical damage to the coating following normal 

coating operations.

"Shock-free coating" means a coating applied to electrical components to 

protect the user from electric shock. The coating has characteristics of being of low 

capacitance and high resistance, and having resistance to breaking down under high 

voltage.

"Silicone release coating" means any coating that contains silicone resin 

and is intended to prevent food from sticking to metal surfaces such as baking pans.

"Solar-absorbent coating" means a coating that has as its prime purpose 

the absorption of solar radiation.

"Texture coating" means a coating that is applied to a plastic part that, in 

its finished form, consists of discrete raised spots of the coating.

"Topcoat" means any final coating applied to the interior or exterior of a 

pleasure craft.

"Touchup coating" means a coating used to cover minor coating 
COMMONWEALTH OF VIRGINIA PAGE 27 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

imperfections appearing after the main coating operation.

"Vacuum-metalizing coating means:

1. For general use, the undercoat applied to the substrate on which 

the metal is deposited or the overcoat applied directly to the metal film. Vacuum 

metalizing/physical vapor deposition (PVD) is the process whereby metal is vaporized 

and deposited on a substrate in a vacuum chamber.

2. For automotive/transportation and business machine use, 

topcoats and basecoats that are used in the vacuum-metalizing process.

"VOC" means volatile organic compound.

"Wood furniture coatings" means protective, decorative, or functional films 

applied in thin layers to a surface used in the manufacture of wood furniture or wood 

furniture components. Such coatings include, but are not limited to, paints, topcoats, 

varnishes, sealers, stains, washcoats, basecoats, enamels, inks, and temporary 

protective coatings.

9VAC5-40-8830. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit the discharge into the 

atmosphere from a coating application system any volatile organic compound in excess 

of the limits contained in Tables 4-59A through 4-59E. The VOC content limits are mass 

VOC per gallon of coating less water and exempt solvents, and are based on low-VOC 

coatings. If more than one emission limitation in this subsection applies to a specific 

coating, then the least-stringent emission limitation shall be applied.

TABLE 4-59A.

METAL PARTS AND PRODUCTS VOC CONTENT LIMITS

Coating Category

Air-dried Coating Baked Coating

kg VOC/l coating lb VOC/gal coating kg VOC/l coating lb VOC/gal coating

General one 

component

0.34 2.8 0.28 2.3

General multicomponent0.34 2.8 0.28 2.3

Camouflage 0.42 3.5 0.42 3.5

Electric-insulating 

varnish

0.42 3.5 0.42 3.5

Etching filler 0.42 3.5 0.42 3.5
COMMONWEALTH OF VIRGINIA PAGE 28 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

Extreme high-gloss 0.42 3.5 0.36 3.0

Extreme 

performance

0.42 3.5 0.36 3.0

Heat-resistant 0.42 3.5 0.36 3.0

High performance 

architectural]

0.74 6.2 0.74 6.2

High temperature 0.42 3.5 0.42 3.5

Metallic 0.42 3.5 0.42 3.5

Military specification 0.34 2.8 0.28 2.3

Mold seal 0.42 3.5 0.42 3.5

Pan-backing 0.42 3.5 0.42 3.5

Prefabricated 

architectural multicomponent

0.42 3.5 0.28 2.3

Prefabricated 

architectural onecomponent

0.42 3.5 0.28 2.3

Pretreatment 

coatings

0.42 3.5 0.42 3.5

Repair and touch- up 0.42 3.5 0.36 3.0

Silicone release 0.42 3.5 0.42 3.5

Solar-absorbent 0.42 3.5 0.36 3.0

Vacuum-metalizing 0.42 3.5 0.42 3.5

Drum coating, new, 

exterior

0.34 2.8 0.34 2.8

Drum coating, new, 

interior

0.42 3.5 0.42 3.5

Drum coating, 

reconditioned, 

exterior

0.42 3.5 0.42 3.5

Drum coating, 

reconditioned, 

interior

0.50 4.2 0.50 4.2

TABLE 4-59B. PLASTIC PARTS AND PRODUCTS VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

General one component 0.28 2.3

General multi- component 0.42 3.5

Electric dissipating and shockfree0.80 6.7

Extreme performance 0.42 (2-pack coatings/multicomponent)3.5 (2-pack coatings/multicomponent)

Metallic 0.42 3.5

Military specification 0.34 (1 pack/1 component)

0.42 (2 pack/multi-component)

2.8 (1 pack/1 component)

3.5 (2 pack/multi-component)
COMMONWEALTH OF VIRGINIA PAGE 29 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

Mold seal 0.76 6.3

Multi-colored 0.68 5.7

Optical 0.80 6.7

Vacuum-metalizing 0.80 6.7

TABLE 4-59C. AUTOMOTIVE/TRANSPORTATION AND BUSINESS MACHINE 

PLASTIC PARTS VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

Automotive/Transportation Coatings (For red, yellow, and black automotive coatings, except touch up and 

repair coatings, the recommended limit is determined by multiplying the appropriate limit in this table by 

1.15.)

I. High Bake Coatings - Interior and Exterior Parts

Flexible 0.54 4.5

Nonflexible 0.42 3.5

Base coating 0.52 4.3

Clear coating 0.48 4.0

Non-basecoat/clear coat 0.52 4.3

II. Low Bake/Air-dried Coatings - Exterior Parts

Primers 0.58 4.8

Base coating 0.60 5.0

Clear coating: 0.54 4.5

Non-base coat/clear coat 0.60 5.0

III. Low Bake/Air-dried Coatings -

Interior Parts

0.60 5.0

IV. Touchup and Repair Coatings 0.62 5.2

Business Machine Coatings

I. Primers 0.35 2.9

II. Topcoat 0.35 2.9

III. Texture Coat 0.35 2.9

IV. Fog Coat 0.26 2.2

V. Touchup and Repair 0.35 2.9

TABLE 4-59D. PLEASURE CRAFT SURFACE COATING VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

Extreme high gloss top coat 0.60 5.0

High gloss topcoat 0.42 3.5

Pretreatment wash primers 0.78 6.5

Finish primer/surfacer 0.42 3.5

High build primer/surfacer 0.34 2.8

Aluminum substrate antifoulant 

coating

0.56 4.7

Antifouling sealer/tie coat 0.42 3.5

Other substrate antifoulant 0.33 2.8
COMMONWEALTH OF VIRGINIA PAGE 30 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

coating

All other pleasure craft surface 

coatings for metal or plastic 

0.42 3.5

TABLE 4-59E. MOTOR VEHICLE MATERIALS VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

Motor vehicle cavity wax 0.65 5.4

Motor vehicle sealer 0.65 5.4

Motor vehicle deadener 0.65 5.4

Motor vehicle gasket/gasket 

sealing material

0.20 1.7

Motor vehicle underbody coating 0.65 5.4

Motor vehicle trunk interior 

coating

0.65 5.4

Motor vehicle bedliner 0.20 1.7

Motor vehicle lubricating 

wax/compound

0.70 5.8

B. No owner or other person shall cause or permit the discharge into the 

atmosphere from a coating application system any volatile organic compound in excess 

of the limits contained in Tables 4-59F through 4-59I. The emission rate limits are based 

on low-VOC coatings and add-on controls on a VOC per volume solids basis. If more 

than one emission limitation in this subsection applies to a specific coating, then the 

least stringent emission limitation shall be applied.

TABLE 4-59F.

METAL PARTS AND PRODUCTS VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category Air- dried Baked

kg VOC/l solids lb VOC/gal 

solids

Kg VOC/l solids lb VOC/gal 

solids

General one component 0.54 4.52 0.40 3.35

General multi-component 0.54 4.52 0.40 3.35

Camouflage 0.80 6.67 0.80 6.67

Electric-insulating varnish 0.80 6.67 0.80 6.67

Etching filler 0.80 6.67 0.80 6.67

Extreme high-gloss 0.80 6.67 0.61 5.06

Extreme performance 0.80 6.67 0.61 5.06

Heat-resistant 0.80 6.67 0.61 5.06

High performance 

architectural

4.56 38.0 4.56 38.0

High temperature 0.80 6.67 0.80 6.67
COMMONWEALTH OF VIRGINIA PAGE 31 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

Metallic 0.80 6.67 0.80 6.67

Military specification 0.54 4.52 0.40 3.35

Mold-seal 0.80 6.67 0.80 6.67

Pan-backing 0.80 6.67 0.80 6.67

Prefabricated architectural 

Multi-component

0.80 6.67 0.40 3.35

Prefabricated architectural 

one-component

0.80 6.67 0.40 3.35

Pretreatment coatings 0.80 6.67 0.80 6.67

Silicone release 0.80 6.67 0.80 6.67

Solar-absorbent 0.80 6.67 0.61 5.06

Vacuum-metalizing 0.80 6.67 0.80 6.67

Drum coating, new, exterior 0.54 4.52 0.54 4.52

Drum coating, new, interior 0.80 6.67 0.80 6.67

Drum coating, reconditioned, 

exterior

0.80 6.67 0.80 6.67

Drum coating, reconditioned, 

interior

1.17 9.78 1.17 9.78

TABLE 4-59G.

PLASTIC PARTS AND PRODUCTS VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solids

General one component 0.40 3.35

General multi-component 0.80 6.67

Electric dissipating coatings and 

shock-free

8.96 74.7

Extreme performance 0.80

(2-pack coatings/multicomponent)

6.67

(2-pack coatings/multicomponent)

Metallic 0.80 6.67

Military specification 0.54 (1 pack/1 component)

0.80 (2 pack/multi-component

4.52 (1 pack/1 component)

6.67 (2 pack/multi-component)

Mold seal 5.24 43.7

Multi-colored 3.04 25.3

Optical 8.96 74.7

Vacuum-metalizing 8.96 74.7

TABLE 4-59H.

AUTOMOTIVE/TRANSPORTATION AND BUSINESS MACHINE PLASTIC PARTS 

VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solids
COMMONWEALTH OF VIRGINIA PAGE 32 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

Automotive/Transportation Coatings (For red, yellow, and black automotive coatings, except touch up and 

repair coatings, the recommendedlimit is determined by multiplying the appropriate limit in this table by 

1.15.)

I. High Bake Coatings - Interior and Exterior Parts

Flexible primer 1.39 11.58

Nonflexible primer 0.80 6.67

Base coats 1.24 10.34

Clear coat 1.05 8.76

Non-basecoat/clear coat 1.24 10.34

II. Low Bake/Air-dried Coatings . Exterior Parts

Primers 1.66 13.80

Basecoat 1.87 15.59

Clear coat 1.39 11.58

Non-basecoat/clear coat 1.87 15.59

III. Low Bake/Air-dried Coatings -

Interior Parts

1.87 15.59

IV. Touchup and Repair Coatings 2.13 17.72

Business Machine Coatings

I. Primers 0.57 4.80

II. Topcoat 0.57 4.80

III. Texture Coat 0.57 4.80

IV. Fog Coat 0.38 3.14

V. Touchup and Repair 0.57 4.80

TABLE 4-59I.

PLEASURE CRAFT SURFACE COATING VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solids

Extreme high-gloss topcoat 1.88 15.6

High gloss topcoat 0.80 6.7

Pretreatment wash primer 6.67 55.6

Finish primer/surfacer 0.80 6.7

High build primer surfacer 0.55 4.6

Aluminum substrate antifoulant 

coating

1.53 12.8

Antifouling sealer/tie coat 0.8 6.7

Other substrate antifoulant 

coating

0.53 4.4

All other pleasure craft surface 

coatings for metal or plastic

0.80 6.7

C. Should product performance requirements or other needs dictate the use of 

higher-VOC materials than those that would meet the emission limits of subsections A 

and B of this section, an affected facility may opt to use add-on control equipment with 
COMMONWEALTH OF VIRGINIA PAGE 33 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

an overall control efficiency of 90% in lieu of using low-VOC coatings and required

application methods in subsection E of this section. Add-on devices include but are not 

limited to oxidizers, adsorbers, absorbers, and concentrators. Add-on devices coupled 

with capture systems to collect the VOC being released at the affected facilities shall

achieve an overall control efficiency of no less than 90%.

D. In addition to the emissions limitations described in subsections A through C 

of this section, the following work practices for storage, mixing operations, and handling 

operations for coatings, thinners, and coating-related waste materials shall be utilized:

1. All VOC-containing coatings, thinners, and coating-related waste 

materials shall be stored in closed containers.

2. Mixing and storage containers used for VOC-containing coatings, 

thinners, and coating-related waste materials shall be kept closed at all times except 

when depositing or removing these materials.

3. Spills of VOC-containing coatings, thinners, and coating-related waste 

materials shall be minimized.

4. VOC-containing coatings, thinners, and coating-related waste materials 

shall be conveyed from one location to another in closed containers or pipes.

E. In addition to the work practices described in subsection D, the following work 

practices for cleaning materials, used to clean surfaces before coating (surface 

preparation) and to clean application equipment between coating jobs, shall be utilized:

1. All VOC-containing cleaning materials and used shop towels shall be 

stored in closed containers.

2. Storage containers used for VOC-containing cleaning materials shall be

kept closed at all times except when depositing or removing these materials

3. Spills of VOC-containing cleaning materials shall be minimized.

4. VOC-containing cleaning materials shall be conveyed from one location 

to another in closed containers or pipes

5. VOC emissions from cleaning of application, storage, mixing, and 

conveying equipment shall be minimized by ensuring that equipment cleaning is 

performed without atomizing the cleaning solvent, and all spent solvent is captured in 
COMMONWEALTH OF VIRGINIA PAGE 34 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

closed containers.

F. One or more of the following application techniques shall be used to apply any 

finish material listed in Tables 4-59A through 4-59I: 

1. Flow/curtain coating; 

2. Dip coating; 

3. Roller coating; 

4. Brush coating; 

5. Electrodeposition coating; 

6. High volume low pressure (HVLP) spraying; 

7. Electrostatic spray; 

8. Airless spray; 

9. Air-assisted airless spray, or 

10. Other coating application methods that achieve emission reductions 

equivalent to or greater than those achieved by HVLP or electrostatic spray application 

methods. 

9VAC5-40-8840. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission 

Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

9VAC5-40-8850. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this chapter (Emission 

Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply.

9VAC5-40-8860. Standard for odor.

The provisions of Article 2 (9 VAC 5-40-130 et seq.) of this chapter (Emission 

Standards for Odor, Rule 4-2) apply.
COMMONWEALTH OF VIRGINIA PAGE 35 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

9VAC5-40-8870. Standard for toxic pollutants.

The provisions of Article 4 of 9VAC5-60 (Hazardous Air Pollutant Sources) apply.

9VAC5-40-8880. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. Compliance may be demonstrated (i) on a mass VOC per gallon of coating 

less water and exempt solvents basis under 9VAC5-40-8830 A, (ii) on a mass VOC per 

volume of solids basis under 9VAC5-40-8830 B, or (iii) the overall control basis under 

9VAC5-40-8830 C.

C. The emission standards in 9VAC5-40-8830A and 9VAC5-40-8830B apply 

coating by coating or to the volume weighted average of coatings where the coatings 

are used on a single coating application system and the coatings are the same type or 

perform the same function. Such averaging shall not exceed 24 hours.

D. Compliance determinations for control technologies not based on compliant 

coatings (i.e., coating formulation alone) shall be based on the applicable emission 

standards in 9VAC5-40-8830B and the procedures of 9VAC5-20-121.

9VAC5-40-8890. Compliance schedule.

The owner shall comply with the provisions of this article as expeditiously as 

possible but in no case later than February 1, 2017.

9VAC5-40-8900. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply.

9VAC5-40-8910. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

9VAC5-40-8920. Notification, records and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and Reporting) apply.

9VAC5-40-8930. Registration.
COMMONWEALTH OF VIRGINIA PAGE 36 of 36

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTERS 20 

AND 40)

The provisions of 9VAC5-20-160 (Registration) apply.

9VAC5-40-8940. Facility and control equipment maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control Equipment Maintenance or 

Malfunction) apply.

9VAC5-40-8950. Permits.

A permit may be required prior to beginning any of the activities specified in this 

section and the provisions of 9VAC5-50 (New and Modified Stationary Sources) and 

9VAC5-80 (Permits for Stationary Sources) may apply. Owners contemplating such 

action should contact the appropriate regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (re-startup) of a facility.

REG\DEV\E09-REG-FIN.DOC
1

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 Part 51.102(a), the public was given notice of the opportunity to 

submit written comments and attend a public hearing concerning a proposed revision to 

the Commonwealth of Virginia State Implementation Plan. The notice was provided in 

the Washington Times (for the National Capital Interstate Air Quality Control Region), 

along with the location of the proposal for public inspection, on January 12, 2015. The 

attached copy of the notice provides the evidence required by Section 2.1(f) of 

Appendix V of 40 CFR Part 51.

As required by 40 CFR 51.102(a), the hearing to accept public comment concerning the 

proposed revision was held at the Department of Environmental Quality, Northern 

Virginia Regional Office, 13901 Crown Court, Woodbridge Virginia, at 11:00 a.m. on 

February 26, 2015. As required by 40 CFR 51.102(f) and Section 2.1(g) of Appendix V 

of 40 CFR Part 51, the hearing was held in accordance with the information found in the 

public notice, and according to the state's laws and the requirements of 40 CFR 51.102.

The Regional Administrator for the U.S. Environmental Protection Agency was notified 

of the hearing, 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 hearing. 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 November 30, 

2015 after being duly adopted by the State Air Pollution Control Board on June 19, 

2015, certified by the Office of the Attorney General as within the Board’s statutory 

authority on June 22, 2015 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 October 29, 2015, 
2

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 February 1, 2016.

Only those provisions of the final regulation which are not marked out on the attached 

copy are to be considered part of the Virginia State Implementation Plan.

TEMPLATES\SIP-REG\REG02-PH-N

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Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

795

cleaning solvent and by capturing all spent solvent in 

closed containers.

5. The application of adhesives and adhesive primers 

applied with a handheld, disposable can that is pressured 

and that dispenses an adhesive or adhesive primer by 

means of a propellant shall not be subject to the application 

method limits and controls found in subdivisions 1, 2, and 

4 of this subsection but shall be subject to the work 

practices found in subdivisions 3 and 4 of this subsection.

9VAC5-40-8690. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of Part II 

of 9VAC5-40 (Existing Stationary Sources) apply. 

9VAC5-40-8700. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of Part 

II of 9VAC5-40 (Existing Stationary Sources) apply. 

9VAC5-40-8710. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of Part 

II of 9VAC-40 (Existing Stationary Sources) apply. 

9VAC5-40-8720. Standard for toxic pollutants.

The provisions of Article 4 (9VAC5-60-200 et seq.) of Part 

II of 9VAC5-60 (Hazardous Air Pollutant Sources) apply.

9VAC5-40-8730. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. The emission standards in 9VAC5-40-4330 apply to 

coating by coating or to the volume weighted average of 

coatings where the coatings are used on a single coating 

application system and the coatings are the same type or 

perform the same function. Such averaging shall not exceed 

24 hours.

C. Compliance determinations for control technologies not 

based on compliant coatings (i.e., coating formulation alone) 

shall be based on the applicable standard in terms of pounds 

of VOCs per gallon solids or pounds of VOCs per gallon 

solids applied according to the applicable procedure in 

9VAC5-20-121. Compliance may also be based on transfer 

efficiency greater than the baseline transfer efficiency of 

9VAC5-40-8680 B if demonstrated by methods acceptable to 

the board according to the applicable procedure in 9VAC5-

20-121.

9VAC5-40-8740. Compliance schedule.

The owner shall comply with the provisions of this article as 

expeditiously as possible but in no case later than (insert date 

one year after the effective date of this article).

9VAC5-40-8750. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission testing) apply. 

9VAC5-40-8760. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply.

9VAC5-40-8770. Notification, records, and reporting.

The provisions of 9VAC5-40-50 (Notification, records and 

reporting) apply.

9VAC5-40-8780. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

9VAC5-40-8790. Facility and control equipment 

maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and control 

equipment maintenance or malfunction) apply.

9VAC5-40-8800. Permits.

A permit may be required prior to beginning any of the 

activities specified in this section if the provisions of 9VAC5-

50 (New and Modified Stationary Sources) and 9VAC5-80 

(Permits for Stationary Sources) apply. Owners 

contemplating such action should review those provisions and 

contact the appropriate regional office for guidance on 

whether those provisions apply.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a 

facility.

3. Modification (any physical change to equipment) of a 

facility.

4. Relocation of a facility.

5. Reactivation (re-startup) of a facility.

6. Operation of a facility.

VA.R. Doc. No. R10-2124; Filed December 18, 2014, 8:07 a.m. 

Proposed Regulation

Titles of Regulations: 9VAC5-20. General Provisions

(Rev. E09) (amending 9VAC5-20-21).

9VAC5-40. Existing Stationary Sources (Rev. E09)

(amending 9VAC5-40-4760; adding 9VAC5-40-8810 

through 9VAC5-40-8950). 

Statutory Authority: § 10.1-1308 of the Code of Virginia; 

federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 

182); 40 CFR Parts 51 and 60.

Public Hearing Information:

February 26, 2015 - 11 a.m. - Department of 

Environmental Quality, Northern Regional Office, 13901 

Crown Court, Woodbridge, VA 22193

Public Comment Deadline: March 13, 2015.

Agency Contact: Mary E. Major, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 

698-4510, or email mary.major@deq.virginia.gov.

Basis: Section 10.1-1308 of the Virginia Air Pollution 

Control Law, Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1 of 

the Code of Virginia, authorizes the State Air Pollution 

Control Board to promulgate regulations abating, controlling, 

and prohibiting air pollution in order to protect public health 

and welfare.

Specific Federal Requirements. 

Ground-level ozone is an air pollutant that forms when 

volatile organic compounds (VOCs) and nitrogen oxides 
Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

796

(NOX) interact with sunlight. The national standard for ozone 

measured over an eight-hour period was promulgated by the 

U.S. Environmental Protection Agency (EPA) on July 18, 

1997 (62 FR 38856), at a level of 0.08 parts per million 

(ppm).

Once EPA establishes a national standard for ozone, it must 

then designate areas that do not attain the standard 

(nonattainment areas). In turn, states must develop plans 

(state implementation plans or SIPs), including regulations, 

which will enable nonattainment areas to attain and maintain 

the standard.

40 CFR Part 81 specifies the designations of areas made 

under § 107(d) of the federal Clean Air Act and the associated 

nonattainment classification under § 181 of the Act or 40 

CFR 51.903(a). Virginia's designations are in 40 CFR 81.347. 

On April 30, 2004 (69 FR 23858), EPA published 

designations for 0.08 ppm eight-hour ozone nonattainment 

areas and associated classifications.

On April 30, 2004 (69 FR 23951), EPA promulgated phase 1 

of a final rule adding Subpart X to 40 CFR Part 51. Subpart X 

contains the provisions for the implementation of the eighthour ozone NAAQS, along with associated planning 

requirements. Specifically, 40 CFR 51.903(a) sets forth the 

classification criteria and nonattainment dates for eight-hour 

ozone nonattainment areas once they are designated as such 

under 40 CFR Part 81. The remainder of the planning 

requirements (phase 2) were published on November 29, 

2005 (70 FR 71612).

In order to implement the control measures needed to attain 

and maintain ozone air quality standard, Virginia has 

established VOC and NOX emissions control areas. These 

areas were created to provide a legal mechanism for defining 

geographic areas in which to implement certain control 

measures in the nonattainment areas. The emissions control 

areas may or may not coincide with the nonattainment areas, 

depending on regional planning requirements.

Section 172(c)(1) of the Act provides that SIPs for 

nonattainment areas must include "reasonably available 

control measures" (RACM), including "reasonably available 

control techniques" (RACT), for sources of emissions. 

Section 182(b)(2) provides that for certain nonattainment 

areas, states must revise their SIPs to include RACT for 

sources of VOC emissions covered by a control techniques 

guidelines document (CTG) issued after November 15, 1990 

and prior to the areas date of attainment. 

Section 183(e) directs EPA to list for regulation those 

categories of products that account for at least 80% of the 

VOC emissions from commercial products in ozone 

nonattainment areas. EPA issued such a list on March 23, 

1995, and has revised the list periodically. RACT controls for 

listed source categories controlled by a CTG are known as 

CTG RACTs. A CTG RACT has been issued for 

miscellaneous metal and plastic parts coating operations 

(October 7, 2008, 73 FR 58481). Therefore, states with 

moderate ozone nonattainment areas must implement this 

CTG RACT as part of their attainment SIP.

General Federal Requirements. 

Sections 109(a) and (b) of the federal Clean Air Act require 

EPA to prescribe primary and secondary air quality standards 

to protect public health and welfare. These standards are 

known as the National Ambient Air Quality Standards 

(NAAQS). Section 109 (c) requires EPA to prescribe such 

standards simultaneously with the issuance of new air quality 

criteria for any additional air pollutant. The primary and 

secondary air quality criteria are authorized for promulgation 

under 108.

Once the NAAQS are promulgated pursuant to § 109, 

§ 107(d) sets out a process for designating those areas that are 

in compliance with the standards (attainment or 

unclassifiable) and those that are not (nonattainment). 

Governors make the initial recommendations but EPA makes 

the final decision. Section 107(d) also sets forth the process 

for redesignations once the nonattainment areas are in 

compliance with the applicable NAAQS.

Section 110(a) of the Act mandates that each state adopt and 

submit to EPA a plan which provides for the implementation, 

maintenance, and enforcement of each primary and secondary 

air quality standard within each air quality control region in 

the state. The state implementation plan (SIP) must include 

provisions to accomplish, among other tasks, the following:

1. Establish enforceable emission limitations and other 

control measures as necessary to comply with the Act;

2. Establish schedules for compliance;

3. Prohibit emissions which would contribute to 

nonattainment of the standards or interference with 

maintenance of the standards by any state; and

4. Require sources of air pollution to install, maintain, and 

replace monitoring equipment as necessary and to report 

periodically on emissions-related data.

40 CFR Part 50 specifies the NAAQS for sulfur dioxide, 

particulate matter, carbon monoxide, ozone, nitrogen dioxide, 

and lead.

40 CFR Part 51 sets out requirements for the preparation, 

adoption, and submittal of SIPs. These requirements mandate 

that any such plan must include certain provisions, including 

those summarized below.

Subpart G (Control Strategy) specifies the description of 

control measures and schedules for implementation, the 

description of emissions reductions estimates sufficient to 

attain and maintain the standards, time periods for 

demonstrations of the control strategy's adequacy, an 

emissions inventory, an air quality data summary, data 

availability, special requirements for lead emissions, stack 

height provisions, and intermittent control systems.

Subpart K (Source Surveillance) specifies procedures for 

emissions reports and recordkeeping, procedures for testing, 
Regulations

Volume 31, Issue 10 Virginia Register of Regulations January 12, 2015

797

inspection, enforcement, and complaints, transportation 

control measures, and procedures for continuous emissions 

monitoring.

Subpart L (Legal Authority) specifies the requirements for 

legal authority to implement plans. Section 51.230 under 

Subpart L specifies that each SIP must show that the state has 

the legal authority to carry out the plan, including the 

authority to perform the following actions:

1. Adopt emission standards and limitations and any other 

measures necessary for the attainment and maintenance of 

the national ambient air quality standards;

2. Enforce applicable laws, regulations, and standards, and 

seek injunctive relief;

3. Abate pollutant emissions on an emergency basis to 

prevent substantial endangerment to the health of persons;

4. Prevent construction, modification, or operation of a 

facility, building, structure, or installation, or combination 

thereof, which directly or indirectly results or may result in 

emissions of any air pollutant at any location which will 

prevent the attainment or maintenance of a national 

standard;

5. Obtain information necessary to determine whether air 

pollution sources comply with applicable laws, regulations, 

and standards, including authority to require recordkeeping 

and to make inspections and conduct tests of air pollution 

sources;

6. Require owners or operators of stationary sources to 

install, maintain, and use emission monitoring devices and 

to make periodic reports to the state on the nature and 

amounts of emissions from such stationary sources; and

7. Make emissions data available to the public as reported 

and as correlated with any applicable emission standards or 

limitations.

Section 51.231 under Subpart L requires the identification of 

legal authority: (i) the provisions of law or regulation which 

the state determines provide the authorities required under 

this section must be specifically identified, and copies of such 

laws or regulations must be submitted with the plan; and (ii) 

the plan must show that the legal authorities specified in this 

subpart are available to the state at the time of submission of 

the plan.

Subpart N (Compliance Schedules) specifies legally 

enforceable compliance schedules, final compliance schedule 

dates, and conditions for extensions beyond one year.

Part D describes how nonattainment areas are established, 

classified, and required to meet attainment. Subpart 1 

provides the overall framework of what nonattainment plans 

are to contain, while Subpart 2 provides more detail on what 

is required of areas designated nonattainment for ozone.

Section 171 defines "reasonable further progress," 

"nonattainment area," "lowest achievable emission rate," and 

"modification."

Section 172(a) authorizes EPA to classify nonattainment 

areas for the purpose of assigning attainment dates. Section 

172(b) authorizes EPA to establish schedules for the 

submission of plans designed to achieve attainment by the 

specified dates. Section 172(c) specifies the provisions to be 

included in each attainment plan, as follows:

1. Implementation of all reasonably available control 

measures as expeditiously as practicable and provide for 

the attainment of the national ambient air quality standards;

2. Reasonable further progress;

3. A comprehensive, accurate, current inventory of actual 

emissions from all sources of the relevant pollutants in the 

nonattainment area;

4. Identification and quantification of allowable emissions 

from the construction and modification of new and 

modified major stationary sources in the nonattainment 

area;

5. A requirement for permits for the construction and 

operations of new and modified major stationary sources in 

the nonattainment area;

6. Inclusion of enforceable emission limitations and such 

other control measures (including economic incentives 

such as fees, marketable permits, and auctions of emission 

rights) as well as schedules for compliance;

7. If applicable, the proposal of equivalent modeling, 

emission inventory, or planning procedures; and

8. Inclusion of specific contingency measures to be 

undertaken if the nonattainment area fails to make 

reasonable further progress or to attain the national 

ambient air quality standards by the attainment date.

Section 172(d) requires that attainment plans be revised if 

EPA finds inadequacies. Section 172(e) authorizes the 

issuance of requirements for nonattainment areas in the event 

of a relaxation of any national ambient air quality standard. 

Such requirements must provide for controls which are not 

less stringent than the controls applicable to these same areas 

before such relaxation.

Section 107(d)(3)(D) provides that a state may petition EPA 

to redesignate a nonattainment area as attainment and EPA 

may approve the redesignation subject to certain criteria 

being met. Section 107(d)(3)(E) stipulates one of these 

criteria, that EPA must fully approve a maintenance plan that 

meets the requirements of § 175A. According to § 175A(a), 

the maintenance plan must be part of a SIP submission, and 

must provide for maintenance of the NAAQS for at least 10 

years after the redesignation. The plan must contain any 

additional measures needed to ensure maintenance. Section 

175A(b) further requires that eight years after redesignation, a 

maintenance plan for the next 10 years must then be 

submitted. As stated in § 175A(c), nonattainment 

requirements continue to apply until the SIP submittal is 

approved. Finally, § 175A(d) requires that the maintenance

plan contain contingency provisions which will be 
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implemented should the area fail to maintain the NAAQS as 

provided for in the original plan.

Under Part D, Subpart 2, § 181 sets forth the classifications 

and nonattainment dates for 1-hour ozone nonattainment 

areas once they are designated as such under § 107(d).

Section 182(a)(2)(A) requires that the existing regulatory 

program requiring reasonably available control technology 

(RACT) for stationary sources of VOCs in marginal 

nonattainment areas be corrected by May 15, 1991, to meet 

the minimum requirements in existence prior to the enactment 

of the 1990 amendments. EPA has published control 

techniques guidelines (CTGs) for various types of sources, 

thereby defining the minimum acceptable control measure or 

RACT for a particular source type.

Section 182(b) requires stationary sources in moderate 

nonattainment areas to comply with the requirements for 

sources in marginal nonattainment areas. The additional, 

more comprehensive control measures in § 182(b)(2)(A) 

require that each category of VOC sources employ RACT if 

the source is covered by a CTG document issued between 

enactment of the 1990 amendments and the attainment date 

for the nonattainment area. Section 182(b)(2)(B) requires that 

existing stationary sources emitting VOCs for which a CTG 

existed prior to adoption of the 1990 amendments also 

employ RACT.

40 CFR Part 81 specifies the designations of areas made 

under § 107(d) of the Act and the associated nonattainment 

classification (if any) under § 181 of the Act or 40 CFR 

51.903(a), as applicable. Subpart X to 40 CFR Part 51 

contains the provisions for the implementation of the eighthour ozone NAAQS, along with associated planning 

requirements. Specifically, 40 CFR 51.903(a) sets forth the 

classification criteria and nonattainment dates for 8-hour 

ozone nonattainment areas once they are designated.

State Requirements. 

These specific amendments are not required by state mandate. 

Rather, Virginia's Air Pollution Control Law gives the State 

Air Pollution Control Board the discretionary authority to 

promulgate regulations "abating, controlling and prohibiting 

air pollution throughout or in any part of the Commonwealth" 

(§ 10.1-1308 A of the Code of Virginia). The law defines 

such air pollution as "the presence in the outdoor atmosphere 

of one or more substances which are or may be harmful or 

injurious to human health, welfare or safety, to animal or 

plant life, or to property, or which unreasonably interfere with 

the enjoyment by the people or life or property" (§ 10.1-1300 

of the Code of Virginia).

Purpose: The purpose of the proposed action is to adopt new 

standards for the control of volatile organic compound (VOC) 

emissions from miscellaneous metal and plastic parts coating 

operations within the Northern Virginia VOC Emissions 

Control Area. This action is being taken to allow Virginia to 

meet its obligation to implement control measures in areas 

designated as nonattainment under the 0.08 parts per million 

(ppm) eight-hour ozone standard. It will contribute to the 

reduction of ozone air pollution, and thereby improve public 

health and welfare.

Substance:

1. An applicability section is established, which specifies 

the affected source population.

2. Definitions of terms used in the rule are provided.

3. A standard for VOC emissions is established, along with 

provisions for achieving the standard.

4. Standard provisions are provided for visible emissions; 

fugitive dust/emissions; odor; toxic pollutants; compliance; 

a compliance schedule; test methods and procedures; 

monitoring; notification, records and reporting; 

registration; facility and control equipment maintenance or 

malfunction; and permits.

Issues: The primary advantage to the general public is the 

reduction of VOC air pollution, which has a negative effect 

on public health and welfare. Regulated sources may realize 

cost savings through more effective application procedures 

and practices. There are no disadvantages to the public.

The primary advantages to the department are that the 

adoption of these regulations will allow Virginia to attain and 

maintain air quality standards and improve public health of 

Virginians. The primary disadvantage to the department is the 

potential for an increased compliance cost to administer the 

new regulations.

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 amend 

its existing air pollution regulations to add new standards for 

the control of volatile organic compound (VOC) emissions 

from industrial solvent miscellaneous metal and plastic parts 

coating processes within the Northern Virginia VOC 

Emissions Control Area. The Board also proposes to update 

references to the Code of Federal Regulations (CFR).

Result of Analysis. Because the Department of 

Environmental Quality (DEQ) does not know with any degree 

of certainty how many entities these regulatory changes will 

affect, there is likely insufficient information to decide if 

benefits outweigh costs.

Estimated Economic Impact. Currently, the Board's air 

pollution control regulations do not include rules for the 

control of volatile organic compound (VOC) emissions from 

industrial solvent cleaning operations and miscellaneous 

industrial adhesive application processes. The Board proposes 

to add rules that are partially new and partially taken from the 

already promulgated consumer products rules. For cleaning 

materials, the parts of these rules that are completely new 

require businesses to 1) store cleaning materials and used 

shop towels in closed containers which are required to remain 

closed except when cleaners or towels are added or removed, 

2) minimize spills of VOC containing cleaners, 3) move VOC 
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containing cleaners from one place to another in closed 

containers or pipes and 4) clean equipment without atomizing 

the cleaners and capture all spent solvent in closed containers. 

For coatings, thinners, and coating-related waste materials, 

the parts of these rules that are completely new require 

businesses to 1) store all VOC containing coatings, thinners, 

and coating-related waste materials in closed containers 

which are required to remain closed except when materials 

are being added or removed 2) minimize spills of VOC 

containing coatings, thinners, and coating-related waste 

materials and 3) move VOC containing coatings, thinners, 

and coating-related waste materials from one place to another 

in closed containers or pipes.

DEQ will incur costs associated with promulgating these new 

rules that include the cost of identifying and registering 

affected businesses. DEQ estimates that these costs will total 

between $12,144 and $48,576. Affected businesses may incur 

costs for potentially more expensive low VOC products and, 

on rarer occasions, for control equipment. DEQ estimates that 

these costs would add to approximately $265 per ton of VOC 

but believe that these costs will be partially or completely 

offset by savings that businesses will see on account of 

decreased evaporation of their cleaning or adhesive products. 

In any case, the Environmental Protection Agency (EPA) is 

requiring Virginia to promulgate these regulations under 

threat of loss of highway funding so one of the benefits of this 

regulatory action will be the preservation of that highway 

funding.

Businesses and Entities Affected. DEQ reports that it is 

impossible to know how many businesses will be affected by 

these regulations. Given that the products that will be 

regulated have many applications, there are likely numerous 

businesses that will be affected. Because these rules will be 

new, many affected businesses will not have had to register 

with, or get a permit from, the Board before.

Localities Particularly Affected. Localities in the Northern 

Virginia non-attainment area (the counties of Arlington, 

Fairfax, Loudon, Prince William and Stafford as well as the 

cities of Alexandria, Fairfax, Falls Church, Manassas, and 

Manassas Park) will be particularly affected by this proposed 

regulatory action.

Projected Impact on Employment. This regulatory action will 

likely have little impact on employment in the 

Commonwealth.

Effects on the Use and Value of Private Property. This 

regulatory action will likely have little effect on the use or 

value of private property in the Commonwealth.

Small Businesses: Costs and Other Effects. Affected small 

businesses may incur costs from having to change the coating 

products that they use or, in rare instances, from having to 

purchase control equipment. DEQ believes that these costs 

will be offset by savings that businesses will realize from 

losing less product to evaporation.

Small Businesses: Alternative Method that Minimizes 

Adverse Impact. There do not appear to be any alternate 

methods that would both further minimize costs and achieve 

the aims of the Board.

Real Estate Development Costs. This regulatory action will 

likely have no effect on real estate development costs in the 

Commonwealth.

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 14 

(10). 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 purpose of 

the regulation. The analysis presented above represents DPB's 

best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The 

Department of Environmental Quality has reviewed the 

economic impact analysis prepared by the Department of 

Planning and Budget and has no comment.

Summary:

The proposed regulation requires owners to limit 

emissions of air pollution from miscellaneous metal and 

plastic parts coating operations to the level necessary for 

the protection of public health and welfare and the 

attainment and maintenance of the air quality standards. 

The regulation applies to sources within the Northern 

Virginia Volatile Organic Compound Emissions Control 

Area, and establishes standards, control techniques, and 

provisions for determining compliance. The regulation 

also includes provisions for visible emissions, fugitive dust, 

odor, toxic pollutants, compliance, test methods and 

procedures, monitoring, notification, registration, 

malfunctions, and permits.

9VAC5-20-21. Documents incorporated by reference. 

A. The Administrative Process Act and Virginia Register 

Act provide that state regulations may incorporate documents 
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800

by reference. Throughout these regulations, documents of the 

types specified below have been incorporated by reference.

1. United States Code.

2. Code of Virginia.

3. Code of Federal Regulations.

4. Federal Register.

5. Technical and scientific reference documents.

Additional information on key federal regulations and 

nonstatutory documents incorporated by reference and their 

availability may be found in subsection E of this section.

B. Any reference in these regulations to any provision of the 

Code of Federal Regulations (CFR) shall be considered as the 

adoption by reference of that provision. The specific version 

of the provision adopted by reference shall be that contained 

in the CFR (2013) in effect July 1, 2013. In making reference 

to the Code of Federal Regulations, 40 CFR Part 35 means 

Part 35 of Title 40 of the Code of Federal Regulations; 

40 CFR 35.20 means § 35.20 in Part 35 of Title 40 of the 

Code of Federal Regulations.

C. Failure to include in this section any document referenced 

in the regulations shall not invalidate the applicability of the 

referenced document.

D. Copies of materials incorporated by reference in this 

section may be examined by the public at the central office of 

the Department of Environmental Quality, Eighth Floor, 

629 East Main Street, Richmond, Virginia, between 8:30 a.m. 

and 4:30 p.m. of each business day.

E. Information on federal regulations and nonstatutory 

documents incorporated by reference and their availability 

may be found below in this subsection.

1. Code of Federal Regulations.

a. The provisions specified below from the Code of 

Federal Regulations (CFR) are incorporated herein by 

reference.

(1) 40 CFR Part 50 -- National Primary and Secondary 

Ambient Air Quality Standards.

(a) Appendix A-1 -- Reference Measurement Principle 

and Calibration Procedure for the Measurement of Sulfur 

Dioxide in the Atmosphere (Ultraviolet Fluorescence 

Method).

(b) Appendix A-2 -- Reference Method for the 

Determination of Sulfur Dioxide in the Atmosphere 

(Pararosaniline Method).

(c) Appendix B -- Reference Method for the 

Determination of Suspended Particulate Matter in the 

Atmosphere (High-Volume Method).

(d) Appendix C -- Measurement Principle and 

Calibration Procedure for the Continuous Measurement 

of Carbon Monoxide in the Atmosphere (Non-Dispersive 

Infrared Photometry).

(e) Appendix D -- Measurement Principle and 

Calibration Procedure for the Measurement of Ozone in 

the Atmosphere.

(f) Appendix E -- Reserved.

(g) Appendix F -- Measurement Principle and Calibration 

Procedure for the Measurement of Nitrogen Dioxide in 

the Atmosphere (Gas Phase Chemiluminescence).

(h) Appendix G -- Reference Method for the 

Determination of Lead in Suspended Particulate Matter 

Collected from Ambient Air.

(i) Appendix H -- Interpretation of the National Ambient 

Air Quality Standards for Ozone.

(j) Appendix I -- Interpretation of the 8-Hour Primary 

and Secondary National Ambient Air Quality Standards 

for Ozone.

(k) Appendix J -- Reference Method for the 

Determination of Particulate Matter as PM10 in the 

Atmosphere.

(l) Appendix K -- Interpretation of the National Ambient 

Air Quality Standards for Particulate Matter.

(m) Appendix L -- Reference Method for the 

Determination of Fine Particulate Matter as PM2.5 in the 

Atmosphere.

(n) Appendix M -- Reserved.

(o) Appendix N -- Interpretation of the National Ambient 

Air Quality Standards for PM2.5.

(p) Appendix O -- Reference Method for the 

Determination of Coarse Particulate Matter as PM in the 

Atmosphere.

(q) Appendix P -- Interpretation of the Primary and 

Secondary National Ambient Air Quality Standards for 

Ozone.

(r) Appendix Q -- Reference Method for the 

Determination of Lead in Suspended Particulate Matter 

as PM10 Collected from Ambient Air.

(s) Appendix R -- Interpretation of the National Ambient 

Air Quality Standards for Lead.

(t) Appendix S -- Interpretation of the Primary National 

Ambient Air Quality Standards for Oxides of Nitrogen 

(Nitrogen Dioxide).

(u) Appendix T -- Interpretation of the Primary National 

Ambient Air Quality Standards for Oxides of Sulfur 

(Sulfur Dioxide).

(2) 40 CFR Part 51 -- Requirements for Preparation, 

Adoption, and Submittal of Implementation Plans.

(a) Appendix M -- Recommended Test Methods for State 

Implementation Plans.

(b) Appendix S -- Emission Offset Interpretive Ruling.

(c) Appendix W -- Guideline on Air Quality Models 

(Revised).
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(d) Appendix Y -- Guidelines for BART Determinations 

Under the Regional Haze Rule.

(3) 40 CFR Part 55 -- Outer Continental Shelf Air 

Regulations.

(4) 40 CFR Part 58 -- Ambient Air Quality Surveillance.

Appendix A -- Quality Assurance Requirements for 

SLAMS, SPMs and PSD Air Monitoring.

(5) 40 CFR Part 59 -- National Volatile Organic 

Compound Emission Standards for Consumer and 

Commercial Products.

(a) Subpart C -- National Volatile Organic Compound 

Emission Standards for Consumer Products.

(b) Subpart D -- National Volatile Organic Compound 

Emission Standards for Architectural Coatings, Appendix 

A -- Determination of Volatile Matter Content of 

Methacrylate Multicomponent Coatings Used as Traffic 

Marking Coatings.

(6) 40 CFR Part 60 -- Standards of Performance for New 

Stationary Sources.

The specific provisions of 40 CFR Part 60 incorporated 

by reference are found in Article 5 (9VAC5-50-400 et 

seq.) of Part II of 9VAC5-50 (New and Modified 

Sources).

(7) 40 CFR Part 61 -- National Emission Standards for 

Hazardous Air Pollutants.

The specific provisions of 40 CFR Part 61 incorporated 

by reference are found in Article 1 (9VAC5-60-60 et 

seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant 

Sources).

(8) 40 CFR Part 63 -- National Emission Standards for 

Hazardous Air Pollutants for Source Categories.

The specific provisions of 40 CFR Part 63 incorporated 

by reference are found in Article 2 (9VAC5-60-90 et 

seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant 

Sources).

(9) 40 CFR Part 64 -- Compliance Assurance 

Monitoring.

(10) 40 CFR Part 72 -- Permits Regulation.

(11) 40 CFR Part 73 -- Sulfur Dioxide Allowance 

System.

(12) 40 CFR Part 74 -- Sulfur Dioxide Opt-Ins.

(13) 40 CFR Part 75 -- Continuous Emission Monitoring.

(14) 40 CFR Part 76 -- Acid Rain Nitrogen Oxides 

Emission Reduction Program.

(15) 40 CFR Part 77 -- Excess Emissions.

(16) 40 CFR Part 78 -- Appeal Procedures for Acid Rain 

Program.

(17) 40 CFR Part 152 Subpart I -- Classification of 

Pesticides.

(18) 49 CFR Part 172 -- Hazardous Materials Table. 

Special Provisions, Hazardous Materials 

Communications, Emergency Response Information, and 

Training Requirements, Subpart E, Labeling.

(19) 29 CFR Part 1926 Subpart F -- Fire Protection and 

Prevention.

b. Copies may be obtained from: Superintendent of 

Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 

15250-7954; phone (202) 783-3238.

2. U.S. Environmental Protection Agency.

a. The following documents from the U.S. Environmental 

Protection Agency are incorporated herein by reference:

(1) Reich Test, Atmospheric Emissions from Sulfuric 

Acid Manufacturing Processes, Public Health Service 

Publication No. PB82250721, 1980.

(2) Compilation of Air Pollutant Emission Factors (AP42). Volume I: Stationary and Area Sources, stock 

number 055-000-00500-1, 1995; Supplement A, stock 

number 055-000-00551-6, 1996; Supplement B, stock 

number 055-000-00565, 1997; Supplement C, stock 

number 055-000-00587-7, 1997; Supplement D, 1998; 

Supplement E, 1999.

(3) "Guidelines for Determining Capture Efficiency" 

(GD-35), Emissions Monitoring and Analysis Division, 

Office of Air Quality Planning and Standards, January 9, 

1995.

b. Copies of the document identified in subdivision E 2 a 

(1) of this subdivision, and Volume I and Supplements A 

through C of the document identified in subdivision E 2 a 

(2) of this subdivision, may be obtained from: U.S. 

Department of Commerce, National Technical 

Information Service, 5285 Port Royal Road, Springfield, 

Virginia 22161; phone 1-800-553-6847. Copies of 

Supplements D and E of the document identified in 

subdivision E 2 a (2) of this subdivision may be obtained 

online from EPA's Technology Transfer Network at 

http://www.epa.gov/ttn/index.html. Copies of the 

document identified in subdivision E 2 a (3) of this 

subdivision are only available online from EPA's 

Technology Transfer Network at 

http://www.epa.gov/ttn/emc/guidlnd.html.

3. U.S. government.

a. The following document from the U.S. government is 

incorporated herein by reference: Standard Industrial 

Classification Manual, 1987 (U.S. Government Printing 

Office stock number 041-001-00-314-2).

b. Copies may be obtained from: Superintendent of 

Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 

15250-7954; phone (202) 512-1800.

4. American Society for Testing and Materials (ASTM).
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a. The documents specified below from the American 

Society for Testing and Materials are incorporated herein 

by reference.

(1) D323-99a, "Standard Test Method for Vapor Pressure 

of Petroleum Products (Reid Method)."

(2) D97-96a, "Standard Test Method for Pour Point of 

Petroleum Products."

(3) D129-00, "Standard Test Method for Sulfur in 

Petroleum Products (General Bomb Method)."

(4) D388-99, "Standard Classification of Coals by Rank."

(5) D396-98, "Standard Specification for Fuel Oils."

(6) D975-98b, "Standard Specification for Diesel Fuel 

Oils."

(7) D1072-90(1999), "Standard Test Method for Total 

Sulfur in Fuel Gases."

(8) D1265-97, "Standard Practice for Sampling Liquefied 

Petroleum (LP) Gases (Manual Method)."

(9) D2622-98, "Standard Test Method for Sulfur in 

Petroleum Products by Wavelength Dispersive X-Ray 

Fluorescence Spectrometry."

(10) D4057-95(2000), "Standard Practice for Manual 

Sampling of Petroleum and Petroleum Products."

(11) D4294-98, "Standard Test Method for Sulfur in 

Petroleum and Petroleum Products by Energy-Dispersive 

X-Ray Fluorescence Spectroscopy."

(12) D523-89, "Standard Test Method for Specular 

Gloss" (1999).

(13) D1613-02, "Standard Test Method for Acidity in 

Volatile Solvents and Chemical Intermediates Used in 

Paint, Varnish, Lacquer and Related Products" (2002).

(14) D1640-95, "Standard Test Methods for Drying, 

Curing, or Film Formation of Organic Coatings at Room 

Temperature" (1999).

(15) E119-00a, "Standard Test Methods for Fire Tests of 

Building Construction Materials" (2000).

(16) E84-01, "Standard Test Method for Surface Burning 

Characteristics of Building Construction Materials" 

(2001).

(17) D4214-98, "Standard Test Methods for Evaluating 

the Degree of Chalking of Exterior Paint Films" (1998).

(18) D86-04b, "Standard Test Method for Distillation of 

Petroleum Products at Atmospheric Pressure" (2004).

(19) D4359-90, "Standard Test Method for Determining 

Whether a Material is a Liquid or a Solid" (reapproved 

2000).

(20) E260-96, "Standard Practice for Packed Column 

Gas Chromatography" (reapproved 2001).

(21) D3912-95, "Standard Test Method for Chemical 

Resistance of Coatings Used in Light-Water Nuclear 

Power Plants" (reapproved 2001).

(22) D4082-02, "Standard Test Method for Effects of 

Gamma Radiation on Coatings for Use in Light-Water 

Nuclear Power Plants."

(23) F852-99, "Standard Specification for Portable 

Gasoline Containers for Consumer Use" (reapproved 

2006).

(24) F976-02, "Standard Specification for Portable 

Kerosine and Diesel Containers for Consumer Use."

(25) D4457-02, "Standard Test Method for 

Determination of Dichloromethane and 1,1,1-

Trichloroethane in Paints and Coatings by Direct 

Injection into a Gas Chromatograph" (reapproved 2008).

(26) D3792-05, "Standard Test Method for Water 

Content of Coatings by Direct Injection Into a Gas 

Chromatograph."

(27) D2879-97, "Standard Test Method for Vapor 

Pressure-Temperature Relationship and Initial 

Decomposition Temperature of Liquids by Isoteniscope" 

(reapproved 2007).

b. Copies may be obtained from: American Society for 

Testing Materials, 100 Barr Harbor Drive, West 

Conshohocken, Pennsylvania 19428-2959; phone (610) 

832-9585.

5. American Petroleum Institute (API).

a. The following document from the American Petroleum 

Institute is incorporated herein by reference: Evaporative 

Loss from Floating Roof Tanks, API MPMS Chapter 19, 

April 1, 1997.

b. Copies may be obtained from: American Petroleum 

Institute, 1220 L Street, Northwest, Washington, D.C. 

20005; phone (202) 682-8000.

6. American Conference of Governmental Industrial 

Hygienists (ACGIH).

a. The following document from the ACGIH is 

incorporated herein by reference: 1991-1992 Threshold 

Limit Values for Chemical Substances and Physical 

Agents and Biological Exposure Indices (ACGIH 

Handbook).

b. Copies may be obtained from: ACGIH, 1330 Kemper 

Meadow Drive, Suite 600, Cincinnati, Ohio 45240; 

phone (513) 742-2020.

7. National Fire Prevention Association (NFPA).

a. The documents specified below from the National Fire 

Prevention Association are incorporated herein by 

reference.

(1) NFPA 385, Standard for Tank Vehicles for 

Flammable and Combustible Liquids, 2000 Edition.

(2) NFPA 30, Flammable and Combustible Liquids 

Code, 2000 Edition.

(3) NFPA 30A, Code for Motor Fuel Dispensing 

Facilities and Repair Garages, 2000 Edition.
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b. Copies may be obtained from the National Fire 

Prevention Association, One Batterymarch Park, P.O. 

Box 9101, Quincy, Massachusetts 02269-9101; phone 

(617) 770-3000.

8. American Society of Mechanical Engineers (ASME).

a. The documents specified below from the American 

Society of Mechanical Engineers are incorporated herein 

by reference.

(1) ASME Power Test Codes: Test Code for Steam 

Generating Units, Power Test Code 4.1-1964 (R1991).

(2) ASME Interim Supplement 19.5 on Instruments and 

Apparatus: Application, Part II of Fluid Meters, 6th 

edition (1971).

(3) Standard for the Qualification and Certification of 

Resource Recovery Facility Operators, ASME QRO-1-

1994.

b. Copies may be obtained from the American Society of 

Mechanical Engineers, Three Park Avenue, New York, 

New York 10016; phone (800) 843-2763.

9. American Hospital Association (AHA).

a. The following document from the American Hospital 

Association is incorporated herein by reference: An 

Ounce of Prevention: Waste Reduction Strategies for 

Health Care Facilities, AHA Catalog no. W5-057007, 

1993.

b. Copies may be obtained from: American Hospital 

Association, One North Franklin, Chicago, IL 60606; 

phone (800) 242-2626.

10. Bay Area Air Quality Management District 

(BAAQMD).

a. The following documents from the Bay Area Air 

Quality Management District are incorporated herein by 

reference:

(1) Method 41, "Determination of Volatile Organic 

Compounds in Solvent-Based Coatings and Related 

Materials Containing Parachlorobenzotrifluoride" 

(December 20, 1995).

(2) Method 43, "Determination of Volatile 

Methylsiloxanes in Solvent-Based Coatings, Inks, and 

Related Materials" (November 6, 1996).

b. Copies may be obtained from: Bay Area Air Quality 

Management District, 939 Ellis Street, San Francisco, 

CA 94109, phone (415) 771-6000.

11. South Coast Air Quality Management District 

(SCAQMD).

a. The following documents from the South Coast Air 

Quality Management District are incorporated herein by 

reference:

(1) Method 303-91, "Determination of Exempt 

Compounds," in Manual SSMLLABM, "Laboratory 

Methods of Analysis for Enforcement Samples" (1996).

(2) Method 318-95, "Determination of Weight Percent 

Elemental Metal in Coatings by X-Ray Diffraction," in 

Manual SSMLLABM, "Laboratory Methods of Analysis 

for Enforcement Samples" (1996).

(3) Rule 1174 Ignition Method Compliance Certification 

Protocol (February 28, 1991).

(4) Method 304-91, "Determination of Volatile Organic 

Compounds (VOC) in Various Materials," in Manual 

SSMLLABM, "Laboratory Methods of Analysis for 

Enforcement Samples" (1996).

(5) Method 316A-92, "Determination of Volatile Organic 

Compounds (VOC) in Materials Used for Pipes and 

Fittings" in Manual SSMLLABM, "Laboratory Methods 

of Analysis for Enforcement Samples" (1996).

(6) "General Test Method for Determining Solvent 

Losses from Spray Gun Cleaning Systems," October 3, 

1989.

b. Copies may be obtained from: South Coast Air Quality 

Management District, 21865 E. Copley Drive, Diamond 

Bar, CA 91765, phone (909) 396-2000.

12. California Air Resources Board (CARB).

a. The following documents from the California Air 

Resources Board are incorporated herein by reference:

(1) Test Method 510, "Automatic Shut-Off Test 

Procedure for Spill-Proof Systems and Spill-Proof 

Spouts" (July 6, 2000).

(2) Test Method 511, "Automatic Closure Test Procedure 

for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 

2000).

(3) Method 100, "Procedures for Continuous Gaseous 

Emission Stack Sampling" (July 28, 1997).

(4) Test Method 513, "Determination of Permeation Rate 

for Spill-Proof Systems" (July 6, 2000).

(5) Method 310, "Determination of Volatile Organic 

Compounds (VOC) in Consumer Products and Reactive 

Organic Compounds in Aerosol Coating Products 

(Including Appendices A and B)" (May 5, 2005).

(6) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).

(7) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 2, §§ 94509 and 

94511 (2003).

(8) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 4, §§ 94540-94555 

(2003).

(9) "Certification Procedure 501 for Portable Fuel 

Containers and Spill-Proof Spouts, CP-501" (July 26, 

2006).

(10) "Test Procedure for Determining Integrity of SpillProof Spouts and Spill-Proof Systems, TP-501" (July 26, 

2006).
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(11) "Test Procedure for Determining Diurnal Emissions 

from Portable Fuel Containers, TP-502" (July 26, 2006).

b. Copies may be obtained from: California Air 

Resources Board, P.O. Box 2815, Sacramento, CA 

95812, phone (906) 322-3260 or (906) 322-2990.

13. American Architectural Manufacturers Association.

a. The following documents from the American 

Architectural Manufacturers Association are incorporated 

herein by reference:

(1) Voluntary Specification 2604-02, "Performance 

Requirements and Test Procedures for High Performance 

Organic Coatings on Aluminum Extrusions and Panels" 

(2002).

(2) Voluntary Specification 2605-02, "Performance 

Requirements and Test Procedures for Superior 

Performing Organic Coatings on Aluminum Extrusions 

and Panels" (2002).

b. Copies may be obtained from: American Architectural 

Manufacturers Association, 1827 Walden Office Square, 

Suite 550, Schaumburg, IL 60173, phone (847) 303-

5664.

14. American Furniture Manufacturers Association.

a. The following document from the American Furniture 

Manufacturers Association is incorporated herein by 

reference: Joint Industry Fabrics Standards Committee, 

Woven and Knit Residential Upholstery Fabric Standards 

and Guidelines (January 2001).

b. Copies may be obtained from: American Furniture 

Manufacturers Association, P.O. Box HP-7, High Point, 

NC 27261; phone (336) 884-5000. 

15. American Architectural Manufacturers Association.

a. The following documents from the American 

Architectural Manufacturers Association are incorporated 

herein by reference: 

(1) Voluntary Specification, Performance Requirements 

and Test Procedures for High Performance Organic 

Coatings on Aluminum Extrusions and Panels, 

publication number AAMA 2604-05.

(2) Voluntary Specification, Performance Requirements 

and Test Procedures for Superior Performing Organic 

Coatings on Aluminum Extrusions and Panels, 

publication number AAMA 2605-05.

b. Copies may be obtained from: American Architectural 

Manufacturers Association, P 1827 Walden Office 

Square, Suite 550, Schaumburg, IL 60173-4268; phone 

847-303-5774.

Article 34 

Emission Standards for Miscellaneous Metal Parts and 

Products Coating Application Systems (Rule 4-34) 

9VAC5-40-4760. Applicability and designation of affected 

facility. 

A. Except as provided in subsections C and D of this 

section, the affected facility to which the provisions of this 

article apply is each miscellaneous metal parts and products 

coating application system. 

B. The provisions of this article apply only to sources of 

volatile organic compounds in volatile organic compound 

emissions control areas designated in 9VAC5-20-206. After 

(insert date one year from effective date of this article) they 

do not apply to sources in the Northern Virginia Volatile 

Organic Compound Emissions Control Area designated in 

9VAC5-20-206. These sources are subject to Article 59 

(9VAC5-40-8810 et seq.) of this part.

C. Exempted from the provisions of this article are coating 

plants whose emissions of volatile organic compounds are not 

more than 2.7 tons per year, 15 pounds per day and three 

pounds per hour, based on the actual emission rate. All 

volatile organic compound emissions from purging or 

washing solvents shall be considered in applying the 

exemption levels specified in this subsection. 

D. The provisions of this article do not apply to the 

following: 

1. Coating application systems used exclusively for 

determination of product quality and commercial 

acceptance provided: 

a. The operation is not an integral part of the production 

process; 

b. The emissions from all product quality coating 

application systems do not exceed 400 pounds in any 30 

day period; and 

c. The exemption is approved by the board. 

2. Vehicle refinishing operations. 

3. Vehicle customized coating operations, if production is 

less than 20 vehicles per day. 

4. Fully assembled aircraft and marine vessel exterior 

coating operations. 

Article 59

Emission Standards for Miscellaneous Metal Parts and 

Products Coating Application Systems in the Northern 

Virginia Volatile Organic Compound Emissions Control 

Area, 8-hour Ozone Standard (Rule 4-59)

9VAC5-40-8810. Applicability and designation of affected 

facility.

A. Except as provided in subsections C and D of this 

section, the affected facility to which the provisions of this 

article apply is each miscellaneous metal product and plastic 

parts surface coating operation at a facility where the total 

actual emissions of volatile organic compounds (VOCs) from 
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all miscellaneous metal product and plastic parts surface 

coating operations, including related cleaning activities, at 

that facility are equal to or exceed 6.8 kilograms per day (15 

pounds per day), or an equivalent level of 2.7 tons per 12-

month rolling period, before consideration of controls.

B. The provisions of this article apply only to affected 

facilities located in the Northern Virginia VOC Emissions 

Control Area designated in subdivision 1 a of 9VAC5-20-

206.

C. Facilities that coat bodies or body parts for new heavier 

vehicles (including all vehicles that meet the definition of the 

term "other motor vehicles" as defined in 40 CFR 63.3176 of 

the National Emission Standards for Surface Coating of 

Automobile and Light-Duty Trucks) may, in lieu of 

complying with the provisions of this article, opt to comply 

with Article 28 (Emission Standards for Automobile And 

Light Duty Truck Coating Application Systems, 9VAC5-40-

3860 et seq.) of 9VAC5-40 (Existing Stationary Sources).

D. The provisions of this article do not apply to the 

following:

1. Miscellaneous metal product and plastic parts surface 

coating operations subject to Article 26 (Large Appliance 

Coatings, 9VAC5-40-3560 et seq.), Article 27 (Emission 

Standards for Magnet Wire Coating Application Systems, 

9VAC5-40-3710 et seq.), Article 29 (Emission Standards 

for Can Coating Application Systems, 9VAC5-40-4010 et 

seq.), Article 30 (Emission Standards for Metal Coil 

Coating Application Systems, 9VAC5-40-4160), Article 

31 (Emission Standards for Paper and Fabric Coating 

Application Systems, 9VAC5-40-4310), Article 33 (Metal 

Furniture Coating Application Systems, 9VAC5-40-4610 

et seq.), and Article 48 (Emission Standards for Mobile 

Equipment Repair and Refinishing Operations, 9VAC5-40-

6970 et seq.) of 9VAC5-40 (Existing Stationary Sources); 

and Article 5 (Emission Standards for Architectural and 

Industrial Maintenance Coatings, 9VAC5-45-520 et seq.) 

of 9VAC5-45 (Consumer and Commercial Products).

2. Coating application systems used exclusively for 

determination of product quality and coatings that are 

applied to test panels and coupons as part of research and 

development, quality control, or performance testing 

activities at paint research or manufacturing facilities.

3. Coatings applied using a handheld, pressurized, 

nonrefillable container that expels coatings from the 

container in a finely divided spray when a valve on the 

container is depressed.

4. Miscellaneous metal product and plastic parts surface 

coating operations associated with the following product 

categories or processes: aerospace coatings; wood furniture 

coatings; fiberglass boat manufacturing materials; and 

paper, film, and foil coatings not otherwise regulated under 

Article 31 (Emission Standards For Paper and Fabric 

Coating Application Systems, 9VAC5-40-4310) of 

9VAC5-40 (Existing Stationary Sources). 

9VAC5-40-8820. Definitions.

A. For the purpose of this article and subsequent 

amendments or any orders issued by the board, the words or 

terms shall have the meaning given them in subsection C of 

this section.

B. As used in this article, all terms not defined here shall 

have the meaning given them in 9VAC5-10 (General 

Definitions), unless otherwise required by context.

C. Terms defined.

"Aerospace coatings" means materials that are applied to 

the surface of an aerospace vehicle or component to form a 

decorative, protective, or functional solid film, or the solid 

film itself at a facility that produces, reworks, or repairs in 

any amount any commercial, civil, or military aerospace 

vehicle or component.

"Air-dried coating" means:

1. For general use, a coating that is cured at a 

temperature below 90°C (194°F).

2. For automotive/transportation and business machine 

use, a coating that is dried by the use of air or forced 

warm air at temperatures up to 90°C (194°F).

"Antifoulant coating" means any coating applied to the 

underwater portion of a pleasure craft to prevent or reduce 

the attachment of biological organisms, and registered with 

the U.S. Environmental Protection Agency (EPA) as a 

pesticide under the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 USC § 136).

"Baked coating" means a coating that is cured at a 

temperature at or above 90°C (194°F).

"Black automotive coating" means a coating that meets 

both of the following criteria: (i) maximum lightness of 23 

units and (ii) saturation of less than 2.8, where saturation 

equals the square root of A2 + B2. These criteria are based 

on Cielab color space, 0/45 geometry. For spherical 

geometry, specular included, maximum lightness is 33 

units.

"Business machine" means a device that uses electronic or 

mechanical methods to process information, perform 

calculations, print or copy information, or convert sound 

into electrical impulses for transmission, including devices 

listed in Standard Industrial Classification numbers 3572, 

3573, 3574, 3579, and 3661 and photocopy machines, a 

subcategory of Standard Industrial Classification number 

3861.

"Camouflage coating" means a coating used, principally by 

the military, to conceal equipment from detection.

"Clear coating" means:

1. For general use, a colorless coating that contains 

binders, but no pigment, and is formulated to form a 

transparent film.

2. For automotive/transportation and business machine 

use, a coating that lacks color and opacity or is 
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transparent and that uses the undercoat as a reflectant 

base or undertone color.

"Coating unit" means a series of one or more coating 

applicators and any associated drying area or oven wherein 

a coating is applied, dried, or cured. A coating unit ends at 

the point where the coating is dried or cured, or prior to 

any subsequent application of a different coating. It is not 

necessary for a coating unit to have an oven or flash-off 

area. 

"Drum" means any cylindrical metal shipping container 

larger than 12 gallons capacity but no larger than 110 

gallons capacity.

"Electric dissipating coating" means a coating that rapidly 

dissipates a high-voltage electric charge.

"Electric-insulating varnish" means a nonconvertible-type 

coating applied to electric motors, components of electric 

motors, or power transformers to provide electrical, 

mechanical, and environmental protection or resistance.

"Etching filler" means a coating that contains less than 

23% solids by weight and at least 0.5% acid by weight and 

is used instead of applying a pretreatment coating followed 

by a primer.

"Extreme high-gloss coating" means:

1. For general use, a coating that when tested by the 

American Society for Testing and Materials (ASTM) 

Standard Test Method for Specular Gloss (see 9VAC5-

20-21) shows a reflectance of 75 or more on a 60° meter.

2. For pleasure craft surface coating, any coating that 

achieves at least 95% reflectance on a 60° meter when 

tested by ASTM Standard Test Method for Specular 

Gloss (see 9VAC5-20-21).

"Extreme performance coating" means a coating used on a 

metal or plastic surface where the coated surface is, in its 

intended use, subject to the following:

1. Chronic exposure to corrosive, caustic, or acidic 

agents, chemicals, chemical fumes, chemical mixtures, or 

solutions;

2. Repeated exposure to temperatures in excess of 250°F; 

or

3. Repeated heavy abrasion, including mechanical wear 

and repeated scrubbing with industrial grade solvents, 

cleansers, or scouring agents. 

Extreme performance coatings include, but are not limited 

to, coatings applied to locomotives, railroad cars, farm 

machinery, and heavy duty trucks.

"Fiberglass boat manufacturing materials" means materials 

utilized at facilities that manufacture hulls or decks of 

boats from fiberglass or build molds to make fiberglass 

boat hulls or decks. Fiberglass boat manufacturing 

materials are not materials used at facilities that 

manufacture solely parts of boats (i.e., hatches, seats, or 

lockers) or boat trailers, but do not (i) manufacture hulls or 

decks of boats from fiberglass or (ii) build molds to make 

fiberglass boat hulls or decks.

"Finish primer/surfacer" means a coating applied with a 

wet film thickness of less than 10 mils prior to the 

application of a topcoat for purposes of providing 

corrosion resistance, adhesion of subsequent coatings, a 

moisture barrier, or promotion of a uniform surface 

necessary for filling in surface imperfections.

"Flexible coating" means any coating that is required to 

comply with engineering specifications for impact 

resistance, mandrel bend, or elongation as defined by the 

original equipment manufacturer.

"Fog coat" means a coating that is applied to a plastic part 

for the purpose of color matching without masking a 

molded-in texture. A fog coat shall not be applied at a 

thickness of more than 0.5 mils of coating solids.

"Heat-resistant coating" means a coating that must 

withstand a temperature of at least 400°F during normal 

use.

"High bake coating" means a coating that is designed to 

cure only at temperatures of more than 90°C (194°F).

"High build primer/surfacer" means a coating applied with 

a wet film thickness of 10 mils or more prior to the 

application of a topcoat for purposes of providing 

corrosion resistance, adhesion of subsequent coatings, or a 

moisture barrier, or promoting a uniform surface necessary 

for filling in surface imperfections.

"High gloss" means any coating that achieves at least 85% 

reflectance on a 60° meter when tested by ASTM Standard 

Test Method for Specular Gloss (see 9VAC5-20-21).

"High performance architectural coating" means a coating 

used to protect architectural subsections and that meets the 

requirements of the Architectural Aluminum Manufacturer 

Association's publication number AAMA 2604-05 

(Voluntary Specification, Performance Requirements and 

Test Procedures for High Performance Organic Coatings 

on Aluminum Extrusions and Panels) or 2605-05 

(Voluntary Specification, Performance Requirements and 

Test Procedures for Superior Performing Organic Coatings 

on Aluminum Extrusions and Panels).

"High temperature coating" means a coating that is 

certified to withstand a temperature of 1000°F for 24 

hours.

"Metallic coating" means a coating that contains more than 

5 grams of metal particles per liter of coating as applied. 

"Metal particles" are pieces of a pure elemental metal or a 

combination of elemental metals.

"Military specification coating" means a coating that has a 

formulation approved by a United States military agency 

for use on military equipment.

"Miscellaneous metal parts and products" means a varied 

range of metal and plastic parts and products that are 
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constructed either entirely or partially from metal or 

plastic. These miscellaneous metal products and plastic 

parts include, but are not limited to, metal and plastic 

components of the following types of products as well as 

the products themselves: fabricated metal products, molded 

plastic parts, small and large farm machinery, commercial 

and industrial machinery and equipment, automotive or 

transportation equipment, interior or exterior automotive 

parts, construction equipment, motor vehicle accessories, 

bicycles and sporting goods, toys, recreational vehicles, 

pleasure craft (recreational boats), extruded aluminum 

structural components, railroad cars, heavier vehicles (as 

defined in 40 CFR 63.3176), lawn and garden equipment, 

business machines, laboratory and medical equipment, 

electronic equipment, steel drums, metal pipes, and 

numerous other industrial and household products.

"Miscellaneous metal product and plastic parts coating" 

means coatings that include paints, sealants, caulks, inks, 

and maskants (decorative, protective, or functional 

materials that consist only of protective oils for metal, 

acids, bases, or any combination of these substances are 

not considered miscellaneous metal or plastic part 

coatings). The paints include several categories of primers, 

topcoats, and specialty coatings, typically defined by the 

coating's function. The types of coating technologies used 

by miscellaneous metal product and plastic part surface 

coating facilities include higher solids, waterborne, and 

powder coatings, as well as conventional solvent-borne 

coatings. Decorative, protective, or functional materials 

that consist only of protective oils for metal, acids, bases, 

or any combination of these substances are not considered 

miscellaneous metal or plastic part coatings.

"Miscellaneous metal product and plastic parts surface 

coating operation" means the application of surface 

coatings by the manufacturer of miscellaneous metal and 

plastic parts to the parts it produces, and by facilities that 

perform surface coating of miscellaneous metal and plastic 

parts on a contract basis.

"Mold seal coating" means the initial coating applied to a

new mold or a repaired mold to provide a smooth surface 

that, when coated with a mold release coating, prevents 

products from sticking to the mold.

"Motor vehicle bedliner" means a multi-component 

coating, used at a facility that is not an automobile or lightduty truck assembly coating facility, applied to a cargo bed 

after the application of topcoat to provide additional 

durability and chip resistance.

"Motor vehicle cavity wax" means a coating, used at a 

facility that is not an automobile or light-duty truck 

assembly coating facility, applied into the cavities of the 

vehicle primarily for the purpose of enhancing corrosion 

protection.

"Motor vehicle deadener" means a coating, used at a 

facility that is not an automobile or light-duty truck 

assembly coating facility, applied to selected vehicle 

surfaces primarily for the purpose of reducing the sound of 

road noise in the passenger compartment.

"Motor vehicle gasket/sealing material" means a fluid, 

used at a facility that is not an automobile or light-duty 

truck assembly coating facility, applied to coat a gasket or 

replace and perform the same function as a gasket. 

Automobile and light-duty truck gasket/gasket sealing 

material includes room temperature vulcanization (RTV) 

seal material.

"Motor vehicle lubricating wax/compound" means a 

protective lubricating material, used at a facility that is not 

an automobile or light-duty truck assembly coating facility, 

applied to vehicle hubs and hinges.

"Motor vehicle sealer" means a high viscosity material, 

used at a facility that is not an automobile or light-duty 

truck assembly coating facility, generally, but not always, 

applied in the paint shop after the body has received an 

electrodeposition primer coating and before the application 

of subsequent coatings (e.g., primer-surfacer). The primary 

purpose of automobile and light-duty truck sealer is to fill 

body joints completely so that there is no intrusion of 

water, gases or corrosive materials into the passenger area 

of the body compartment. Such materials are also referred 

to as sealant, sealant primer, or caulk.

"Motor vehicle trunk interior coating" means a coating, 

used at a facility that is not an automobile or light-duty 

truck assembly coating facility, applied to the trunk interior 

to provide chip protection.

"Motor vehicle underbody coating" means a coating, used 

at a facility that is not an automobile or light-duty truck 

assembly coating facility, applied to the undercarriage or 

firewall to prevent corrosion and/or provide chip 

protection.

"Multi-colored coating" means a coating that exhibits more 

than one color when applied, and which is packaged in a 

single container and applied in a single coat.

"Multi-component coating" means a coating requiring the 

addition of a separate reactive resin, commonly known as a 

catalyst or hardener, before application to form an 

acceptable dry film.

"One-component coating" means a coating that is ready for 

application as it comes out of its container to form an 

acceptable dry film. A thinner, necessary to reduce the 

viscosity, is not considered a component.

"Optical coating" means a coating applied to an optical 

lens.

"Pan-backing coating" means a coating applied to the 

surface of pots, pans, or other cooking implements that are 

exposed directly to a flame or other heating elements.

"Paper, film, and foil coating" means coating that is 

applied to paper, film, or foil surfaces in the manufacturing 

of several major product types for the following industry 
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sectors: pressure sensitive tape and labels (including fabric 

coated for use in pressure sensitive tapes and labels); 

photographic film; industrial and decorative laminates; 

abrasive products (including fabric coated for use in 

abrasive products); and flexible packaging (including 

coating of nonwoven polymer substrates for use in flexible 

packaging). Paper and film coating also includes coatings 

applied during miscellaneous coating operations for several 

products including: corrugated and solid fiber boxes; diecut paper paperboard, and cardboard; converted paper and 

paperboard not elsewhere classified; folding paperboard 

boxes, including sanitary boxes; manifold business forms 

and related products; plastic aseptic packaging; and carbon 

paper and inked ribbons.

"Pleasure craft" means vessels that are manufactured or 

operated primarily for recreational purposes, or leased, 

rented, or chartered to a person or business for recreational 

purposes. The owner of such vessels shall be responsible 

for certifying that the intended use is for recreational 

purposes.

"Pleasure craft coating" means any marine coating, except 

unsaturated polyester resin (fiberglass) coatings, applied by 

brush, spray, roller, or other means to a pleasure craft.

"Prefabricated architectural component coatings" means 

coatings applied to metal parts and products that are to be 

used as an architectural structure.

"Pretreatment coating" means a coating that contains no 

more than 12% solids by weight, and at least 0.5% acid, by 

weight, is used to provide surface etching, and is applied 

directly to metal surfaces to provide corrosion resistance, 

adhesion, and ease of stripping.

"Pretreatment wash primer" means a coating that contains 

no more than 12% solids, by weight, and at least 0.5% 

acids, by weight; is used to provide surface etching; and is 

applied directly to fiberglass and metal surfaces to provide 

corrosion resistance and adhesion of subsequent coatings.

"Red automotive coating" means a coating that meets all of 

the following criteria: 

1. Yellow limit: the hue of hostaperm scarlet.

2. Blue limit: the hue of monastral red-violet.

3. Lightness limit for metallics: 35% aluminum flake.

4. Lightness limit for solids: 50% titanium dioxide white. 

5. Solid reds: hue angle of -11 to 38 degrees and 

maximum lightness of 23 to 45 units.

6. Metallic reds: hue angle of -16 to 35 degrees and 

maximum lightness of 28 to 45 units.

These criteria are based on Cielab color space, 0/45 

geometry. For spherical geometry, specular included, the 

upper limit is 49 units. The maximum lightness varies as 

the hue moves from violet to orange. This is a natural 

consequence of the strength of the colorants, and real 

colors show this effect.

"Repair coating" means a coating used to re-coat portions 

of a previously coated product that has sustained 

mechanical damage to the coating following normal 

coating operations.

"Shock-free coating" means a coating applied to electrical 

components to protect the user from electric shock. The 

coating has characteristics of being of low capacitance and 

high resistance, and having resistance to breaking down 

under high voltage.

"Silicone release coating" means any coating that contains 

silicone resin and is intended to prevent food from sticking 

to metal surfaces such as baking pans.

"Solar-absorbent coating" means a coating that has as its 

prime purpose the absorption of solar radiation.

"Texture coating" means a coating that is applied to a 

plastic part that, in its finished form, consists of discrete 

raised spots of the coating.

"Topcoat" means any final coating applied to the interior 

or exterior of a pleasure craft.

"Touchup coating" means a coating used to cover minor 

coating imperfections appearing after the main coating 

operation.

"Vacuum-metalizing coating means:

1. For general use, the undercoat applied to the substrate 

on which the metal is deposited or the overcoat applied 

directly to the metal film. Vacuum metalizing/physical 

vapor deposition (PVD) is the process whereby metal is 

vaporized and deposited on a substrate in a vacuum 

chamber.

2. For automotive/transportation and business machine 

use, topcoats and basecoats that are used in the vacuummetalizing process.

"VOC" means volatile organic compound.

"Wood furniture coatings" means protective, decorative, or 

functional films applied in thin layers to a surface used in 

the manufacture of wood furniture or wood furniture 

components. Such coatings include, but are not limited to, 

paints, topcoats, varnishes, sealers, stains, washcoats, 

basecoats, enamels, inks, and temporary protective 

coatings.

9VAC5-40-8830. Standard for volatile organic 

compounds.

A. No owner or other person shall cause or permit the 

discharge into the atmosphere from a coating application 

system any volatile organic compound in excess of the limits 

contained in Tables 4-59A through 4-59E. The VOC content 

limits are mass VOC per gallon of coating less water and 

exempt solvents and are based on low-VOC coatings. If more 

than one emission limitation in this subsection applies to a 

specific coating, then the least-stringent emission limitation 

shall be applied.
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TABLE 4-59A.

METAL PARTS AND PRODUCTS VOC CONTENT LIMITS

Coating Category

Air-dried Coating Baked Coating

kg VOC/l coating lb VOC/gal coating kg VOC/l coating lb VOC/gal coating

General one 

component

0.34 2.8 0.28 2.3

General multicomponent0.34 2.8 0.28 2.3

Camouflage 0.42 3.5 0.42 3.5

Electric-insulating 

harnish

0.42 3.5 0.42 3.5

Etching filler 0.42 3.5 0.42 3.5

Extreme high-gloss 0.42 3.5 0.36 3.0

Extreme performance 0.42 3.5 0.36 3.0

Heat-resistant 0.42 3.5 0.36 3.0

High performance 

architectural

0.42 3.5 0.42 3.5

High temperature 0.42 3.5 0.42 3.5

Metallic 0.42 3.5 0.42 3.5

Military specification 0.34 2.8 0.28 2.3

Mold seal 0.42 3.5 0.42 3.5

Pan-backing 0.42 3.5 0.42 3.5

Prefabricated 

architectural multicomponent

0.42 3.5 0.28 2.3

Prefabricated 

architectural onecomponent

0.42 3.5 0.28 2.3

Pretreatment coatings 0.42 3.5 0.42 3.5

Repair and touch-up 0.42 3.5 0.36 3.0

Silicone release 0.42 3.5 0.42 3.5

Solar-absorbent 0.42 3.5 0.36 3.0

Vacuum-metalizing 0.42 3.5 0.42 3.5

Drum coating, new, 

exterior

0.34 2.8 0.34 2.8

Drum coating, new, 

interior

0.42 3.5 0.42 3.5

Drum coating, 

reconditioned, exterior

0.42 3.5 0.42 3.5

Drum coating, 

reconditioned, interior

0.50 4.2 0.50 4.2
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TABLE 4-59B. PLASTIC PARTS AND PRODUCTS VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

General one component 0.28 2.3

General multi-component 0.42 3.5

Electric dissipating and shock-free 0.80 6.7

Extreme performance 0.42 (2-pack coatings/multicomponent)3.5 (2-pack coatings/multi-component)

Metallic 0.42 3.5

Military specification 0.34 (1 pack/1 component)

0.42 (2 pack/multi-component)

2.8 (1 pack/1 component)

3.5 (2 pack/multi-component)

Mold seal 0.76 6.3

Multi-colored 0.68 5.7

Optical 0.80 6.7

Vacuum-metalizing 0.80 6.7

TABLE 4-59C. AUTOMOTIVE/TRANSPORTATION AND BUSINESS MACHINE PLASTIC PARTS VOC 

CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

Automotive/Transportation Coatings (For red, yellow, and black automotive coatings, except touch up and repair coatings, 

the recommended limit is determined by multiplying the appropriate limit in this table by 1.15.)

I. High Bake Coatings - Interior and Exterior Parts

Flexible 0.54 4.5

Nonflexible 0.42 3.5

Base coating 0.52 4.3

Clear coating 0.48 4.0

Non-basecoat/clear coat 0.52 4.3

II. Low Bake/Air-dried Coatings - Exterior Parts

Primers 0.58 4.8

Base coating 0.60 5.0

Clear coatings: 0.54 4.5

Non-basecoat/clear coat 0.60 5.0

III. Low Bake/Air-dried 

Coatings - Interior Parts

0.60 5.0

IV. Touchup and Repair 

Coatings

0.62 5.2

Business Machine Coatings

I. Primers 0.35 2.9
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II. Topcoat 0.35 2.9

III. Texture Coat 0.35 2.9

IV. Fog Coat 0.26 2.2

V. Touchup and Repair 0.35 2.9

TABLE 4-59D. PLEASURE CRAFT SURFACE COATING VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

Extreme high-gloss topcoat 0.49 4.1

High gloss topcoat 0.42 3.5

Pretreatment wash primers 0.78 6.5

Finish primer/surfacer 0.42 3.5

High build primer/surfacer 0.34 2.8

Aluminum substrate antifoulant 

coating

0.56 4.7

Other substrate antifoulant coating 0.33 2.8

All other pleasure craft surface 

coatings for metal or plastic 

0.42 3.5

TABLE 4-59E. MOTOR VEHICLE MATERIALS VOC CONTENT LIMITS

Coating Category kg VOC/liter coating lbs VOC/gal coating

Motor vehicle cavity wax 0.65 5.4

Motor vehicle sealer 0.65 5.4

Motor vehicle deadener 0.65 5.4

Motor vehicle gasket/gasket 

sealing material

0.20 1.7

Motor vehicle underbody coating 0.65 5.4

Motor vehicle trunk interior 

coating

0.65 5.4

Motor vehicle bedliner 0.20 1.7

Motor vehicle lubricating 

wax/compound

0.70 5.8

B. No owner or other person shall cause or permit the discharge into the atmosphere from a coating application system any 

volatile organic compound in excess of the limits contained in Tables 4-59F through 4-59I. The emission rate limits are based 

on low-VOC coatings and add-on controls on a VOC per volume solids basis. If more than one emission limitation in this 

subsection applies to a specific coating, then the least stringent emission limitation shall be applied.
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TABLE 4-59F.

METAL PARTS AND PRODUCTS VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category

Air-dried Baked

kg VOC/l solids lb VOC/gal 

solids

Kg VOC/l 

solids

lb VOC/gal solids

General one component 0.54 4.52 0.40 3.35

General multi-component 0.54 4.52 0.40 3.35

Camouflage 0.80 6.67 0.80 6.67

Electric-insulating varnish 0.80 6.67 0.80 6.67

Etching filler 0.80 6.67 0.80 6.67

Extreme high-gloss 0.80 6.67 0.61 5.06

Extreme performance 0.80 6.67 0.61 5.06

Heat-resistant 0.80 6.67 0.61 5.06

High performance 

architectural

0.80 6.67 0.80 6.67

High temperature 0.80 6.67 0.80 6.67

Metallic 0.80 6.67 0.80 6.67

Military specification 0.54 4.52 0.40 3.35

Mold-seal 0.80 6.67 0.80 6.67

Pan-backing 0.80 6.67 0.80 6.67

Prefabricated architectural 

multi-component

0.80 6.67 0.40 3.35

Prefabricated architectural 

one-component

0.80 6.67 0.40 3.35

Pretreatment coatings 0.80 6.67 0.80 6.67

Silicone release 0.80 0.80 6.67 0.80 6.67

Solar-absorbent 0.80 6.67 0.61 5.06

Vacuum-metalizing 0.80 6.67 0.80 6.67

Drum coating, new, exterior 0.54 4.52 0.54 4.52

Drum coating, new, interior 0.80 6.67 0.80 6.67

Drum coating, reconditioned, 

exterior

0.80 6.67 0.80 6.67

Drum coating, reconditioned, 

interior

1.17 9.78 1.17 9.78
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TABLE 4-59G.

PLASTIC PARTS AND PRODUCTS VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solids

General one component 0.40 3.35

General multi-component 0.80 6.67

Electric dissipating coatings and 

shock-free

8.96 74.7

Extreme performance 0.80

(2-pack coatings/multi-component)

6.67

(2-pack coatings/multi-component)

Metallic 0.80 6.67

Military specification 0.54 (1 pack/1 component)

0.80 (2 pack/multi-component

4.52 (1 pack/1 component)

6.67 (2 pack/multi-component)

Mold seal 5.24 43.7

Multi-colored 3.04 25.3

Optical 8.96 74.7

Vacuum-metalizing 8.96 74.7

TABLE 4-59H.

AUTOMOTIVE/TRANSPORTATION AND BUSINESS MACHINE PLASTIC PARTS VOC EMISSION RATE 

LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solids

Automotive/Transportation Coatings (For red, yellow, and black automotive coatings, except touch up and repair coatings, 

the recommended limit is determined by multiplying the appropriate limit in this table by 1.15.)

I. High Bake Coatings - Interior and Exterior Parts

Flexible primer 1.39 11.58

Nonflexible primer 0.80 6.67

Base coats 1.24 10.34

Clear coat 1.05 8.76

Non-basecoat/clear coat 1.24 10.34

II. Low Bake/Air-dried Coatings - Exterior Parts

Primers 1.66 13.80

Basecoat 1.87 15.59

Clearcoats 1.39 11.58

Non-basecoat/clearcoat 1.87 15.59

III. Low Bake/Air-dried 

Coatings - Interior Parts

1.87 15.59
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IV. Touchup and Repair 

Coatings

2.13 17.72

Business Machine Coatings

I. Primers 0.57 4.80

II. Topcoat 0.57 4.80

III. Texture Coat 0.57 4.80

IV. Fog Coat 0.38 3.14

V. Touchup and Repair 0.57 4.80

TABLE 4-59I.

PLEASURE CRAFT SURFACE COATING VOC EMISSION RATE LIMITS

(VOC PER VOLUME SOLIDS)

Coating Category kg VOC/liter solids lbs VOC/gal solids

Extreme high-gloss topcoat 1.10 9.2

High gloss topcoat 0.80 6.7

Pretreatment wash primer 6.67 55.6

Finish primer/surfacer 0.80 6.7

High build primer surfacer 0.55 4.6

Aluminum substrate antifoulant 

coating

1.53 12.8

Other substrate antifoulant coating 0.53 4.4

All other pleasure craft surface 

coatings for metal or plastic

0.80 6.7

C. Should product performance requirements or other needs 

dictate the use of higher-VOC materials than those that would 

meet the emission limits of subsections A and B of this 

section, an affected facility may opt to use add-on control 

equipment with an overall control efficiency of 90% in lieu of 

using low-VOC coatings and required application methods in 

subsection E of this section. Add-on devices include but are 

not limited to oxidizers, adsorbers, absorbers, and 

concentrators. Add-on devices coupled with capture systems 

to collect the VOC being released at the affected facilities 

shall achieve an overall control efficiency of no less than 

90%.

D. In addition to the emissions limitations described in 

subsections A through C of this section, the following work 

practices for storage, mixing operations, and handling 

operations for coatings, thinners, and coating-related waste 

materials shall be utilized:

1. All VOC-containing coatings, thinners, and coatingrelated waste materials shall be stored in closed containers.

2. Mixing and storage containers used for VOC-containing 

coatings, thinners, and coating-related waste materials shall 

be kept closed at all times except when depositing or 

removing these materials.

3. Spills of VOC-containing coatings, thinners, and 

coating-related waste materials shall be minimized.

4. VOC-containing coatings, thinners, and coating-related 

waste materials shall be conveyed from one location to 

another in closed containers or pipes.

E. In addition to the work practices described in subsection 

D of this section, the following work practices for cleaning 

materials, used to clean surfaces before coating (surface 

preparation) and to clean application equipment between 

coating jobs, shall be utilized:

1. All VOC-containing cleaning materials and used shop 

towels shall be stored in closed containers.

2. Storage containers used for VOC-containing cleaning 

materials shall be kept closed at all times except when 

depositing or removing these materials.

3. Spills of VOC-containing cleaning materials shall be 

minimized.

4. VOC-containing cleaning materials shall be conveyed 

from one location to another in closed containers or pipes
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5. VOC emissions from cleaning of application, storage, 

mixing, and conveying equipment shall be minimized by 

ensuring that equipment cleaning is performed without 

atomizing the cleaning solvent and all spent solvent is 

captured in closed containers.

F. One or more of the following application techniques shall 

be used to apply any finish material listed in Tables 4-59A 

through 4-59I:

1. Flow/curtain coating;

2. Dip coating;

3. Roller coating;

4. Brush coating;

5. Electrodeposition coating;

6. High volume low pressure (HVLP) spraying;

7. Electrostatic spray;

8. Airless spray;

9. Air-assisted airless spray; or

10. Other coating application methods that achieve 

emission reductions equivalent to or greater than those 

achieved by HVLP or electrostatic spray application 

methods.

9VAC5-40-8840. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this 

chapter (Emission Standards for Visible Emissions and 

Fugitive Dust/Emissions, Rule 4-1) apply.

9VAC5-40-8850. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of this 

chapter (Emission Standards for Visible Emissions and 

Fugitive Dust/Emissions, Rule 4-1) apply.

9VAC5-40-8860. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of this 

chapter (Emission Standards for Odor, Rule 4-2) apply.

9VAC5-40-8870. Standard for toxic pollutants.

The provisions of Article 4 of 9VAC5-60 (Hazardous Air 

Pollutant Sources) apply.

9VAC5-40-8880. Compliance.

A. The provisions of 9VAC5-40-20 (Compliance) apply.

B. Compliance may be demonstrated (i) on a mass VOC per 

gallon of coating less water and exempt solvents basis under 

9VAC5-40-8830 A, (ii) on a mass VOC per volume of solids 

basis under 9VAC5-40-8830 B, or (iii) the overall control 

basis of under 9VAC5-40-8830 C.

C. The emission standards in 9VAC5-40-8830 A and 9VAC5-

40-8830 B apply coating by coating or to the volume weighted 

average of coatings where the coatings are used on a single 

coating application system and the coatings are the same type or 

perform the same function. Such averaging shall not exceed 24 

hours.

D. Compliance determinations for control technologies not 

based on compliant coatings (i.e., coating formulation alone) 

shall be based on the applicable emission standards in 

9VAC5-40-8830 B and the procedures of 9VAC5-20-121.

9VAC5-40-8890. Compliance schedule.

The owner shall comply with the provisions of this article as 

expeditiously as possible but in no case later than (one year 

after the effective date of this article).

9VAC5-40-8900. Test methods and procedures.

The provisions of 9VAC5-40-30 (Emission Testing) apply. 

9VAC5-40-8910. Monitoring.

The provisions of 9VAC5-40-40 (Monitoring) apply. 

9VAC5-40-8920. Notification, records, and reporting.

The provisions of 9VAC5-40-50 (Notification, Records and 

Reporting) apply. 

9VAC5-40-8930. Registration.

The provisions of 9VAC5-20-160 (Registration) apply. 

9VAC5-40-8940. Facility and control equipment 

maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and Control 

Equipment Maintenance or Malfunction) apply. 

9VAC5-40-8950. Permits.

A permit may be required prior to beginning any of the 

activities specified below and the provisions of 9VAC5-50 

(New and Modified Stationary Sources) and 9VAC5-80 

(Permits for Stationary Sources) may apply. Owners 

contemplating such action should contact the appropriate 

regional office for guidance.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a 

facility.

3. Modification (any physical change to equipment) of a 

facility.

4. Relocation of a facility.

5. Reactivation (re-startup) of a facility.

VA.R. Doc. No. R10-2125; Filed December 18, 2014, 8:11 a.m. 

 –––––––––––––––––– 

TITLE 12. HEALTH

STATE BOARD OF HEALTH

Final Regulation

REGISTRAR'S NOTICE: The State Board of Health is 

claiming an exclusion from Article 2 of the Administrative 

Process Act in accordance with § 2.2-4006 A 4 a of the Code 

of Virginia, which excludes regulations that are necessary to 

conform to changes in Virginia statutory law where no 

agency discretion is involved. The State Board of Health will 

receive, consider, and respond to petitions by any interested 

person at any time with respect to reconsideration or revision.
1

ENCLOSURE 3

RECORD OF HEARING AND SUMMARY OF COMMENT

As required by 40 CFR 51.102(e), the complete record of the hearing, along with a list 

of commenters and the text of the written presentations or summary of the oral 

presentations, is located at the Air Division of the Department of Environmental Quality. 

The Department contact to access this information is the Director, Air Division.

As required by Section 2.1(h) of Appendix V of 40 CFR Part 51, a copy of the comments

received and responses thereto is attached. Included is a brief statement of the subject, 

the identification of the commenter, the summary of the comment and the response 

(analysis and action taken). Each issue is discussed in light of all of the comments 

received that affect that issue. All comments have been reviewed and responses 

developed based on an evaluation of the issues raised in consideration of the overall 

goals and objectives of the air quality program and the intended purpose of the 

document under review.

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COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

SUMMARY AND ANALYSIS OF PUBLIC COMMENT FOR

REGULATION REVISION D09

CONCERNING

VOC EMISSION STANDARDS, MISCELLANEOUS

9VAC5 CHAPTER 40

INTRODUCTION

At the September 2010 meeting, the board authorized the department to promulgate for 

public comment a proposed regulation revision concerning volatile organic compound 

(VOC) emission standards for miscellaneous sources (industrial solvent cleaning 

operations and miscellaneous industrial adhesive application processes).

A public hearing was advertised accordingly and held in Woodbridge, Virginia on 

February 26, 2015 and the public comment period closed on March 13, 2015. The 

proposed regulation amendments subject to the hearing are summarized below 

followed by a summary of the public participation process and an analysis of the public 

comment, along with the basis for the decision of the board.

SUMMARY OF PROPOSED AMENDMENTS

For each new article:

1. An applicability section is established which specifies the affected source population.

2. Definitions of terms used in the rule are provided.

3. A standard for VOC emissions is established, along with provisions for achieving the 

standard.

4. Standard provisions are provided for visible emissions; fugitive dust/emissions; odor; 

toxic pollutants; compliance; a compliance schedule; test methods and procedures; 

monitoring; notification, records and reporting; registration; facility and control 

equipment maintenance or malfunction; and permits.

SUMMARY OF PUBLIC PARTICIPATION PROCESS

A public hearing was held in Woodbridge, Virginia on February 26, 2015. One person 

attended the hearing and offered comments, and three additional written comments 

were received during the public comment period. As required by law, notice of this 

hearing was given to the public on January 12, 2015 in the Virginia Register and the 
3

Washington Times. In addition, personal notice of this hearing and the opportunity to 

comment was given by mail to those persons on the department's list to receive notices 

of proposed regulation revisions. A list of hearing attendees and the complete text or an 

account of each person's comments is included in the hearing report which is on file at 

the department.

ANALYSIS OF COMMENT

Below is a summary of each person's comments and the accompanying analysis. 

Included is a brief statement of the subject, the identification of the commenter, the text 

of the comment and the board's response (analysis and action taken). Each issue is 

discussed in light of all of the comments received that affect that issue. The board has 

reviewed the comments and developed a specific response based on its evaluation of 

the issue raised. The board's action is based on consideration of the overall goals and 

objectives of the air quality program and the intended purpose of the regulation.

1. SUBJECT: Malfunctions.

COMMENTER: U.S. Environmental Protection Agency (EPA)

TEXT: These regulations contain the provision "Facility and control equipment 

maintenance or malfunction," which incorporates by reference the provisions of 9VAC5-

20-180. This regulation contains Virginia’s affirmative defense for malfunction 

(subsection G). EPA cannot approve any State Implementation Plan (SIP) revisions 

containing 9VAC5-20-180 G as presently written. 

By notice published on February 22, 2013 (78 FR 12459), EPA proposed to take action 

on a petition for rulemaking that the Sierra Club filed with the EPA Administrator on 

June 30, 2011. In that proposal notice, we described and proposed the EPA’s response 

to the petition concerning the treatment of excess emissions from sources during 

periods of startup/shutdown/malfunction (SSM) in SIPs. EPA proposed to find these 

provisions are substantially inadequate because they are not consistent with 

fundamental legal requirements of the Clean Air Act, and EPA proposed to issue a SIP 

call to each affected state for these specific provisions. In the February 2013 proposal 

notice, EPA included Virginia’s 9VAC5-20-180 G. 

Subsequent to EPA’s issuance of the February 2013 proposal, a federal court ruled that 

§§ 113 and 304 of the Act preclude EPA authority to create affirmative defense 

provisions in EPA’s own regulations imposing emission limits on sources, because such 

provisions purport to alter the jurisdiction of federal courts to assess liability and impose 

penalties for violations of those limits in private civil enforcement cases. See NRDC v. 

EPA, 749 F.3d 1055 (D.C. Cir.2014). 

EPA believes that the reasoning of the United States Court of Appeals for the District of 

Columbia Circuit in NRDC v. EPA indicates that the states, like EPA, have no authority 

in SIP provisions to alter the jurisdiction of federal courts to assess penalties for 
4

violations of Act requirements through affirmative defense provisions. If states lack 

authority under the Act to alter the jurisdiction of the federal courts through affirmative 

defense provisions in SIPs, then the EPA lacks authority to approve any such provision 

in a SIP. 

Therefore, in a supplemental proposed rulemaking (SNPR) on states' affirmative 

defense provisions for malfunctions in SIPs, we supplemented and revised what we had 

earlier proposed as our response to the Petitioner’s requests in our February 2013 

rulemaking, but only to the extent the requests narrowly concern affirmative defense 

provisions in SIPs. See 79 FR 55920 (September 17, 2014). This SNPR also identified 

Virginia’s 9VAC5-20-180 G among other states’ regulations. In the SNPR, EPA 

proposed to find that these provisions for affirmative defenses are substantially 

inadequate because they are not consistent with fundamental legal requirements of the 

Act, and EPA proposed to issue a SIP call to each affected state, including Virginia, for 

these specific provisions. EPA is addressing state regulations which contain provisions 

related to exemptions or affirmative defenses in this separate rulemaking. See 78 FR 

12460 and 79 FR 55920. In the meantime, EPA encourages any state having deficient 

SSM provisions to take steps to correct them as soon as possible. 

RESPONSE: In EPA's September 17, 2014 (79 FR 55920) supplemental proposal, 

EPA reiterated that 9VAC5-20-180 G is substantially inadequate to meet Act 

requirements and is thus proposing to issue a SIP call with respect to this provision. It 

is anticipated that this proposal will become final in May 2015; states will have 18 

months after that date to submit a corrected SIP.

Virginia's current series of CTG rules for the control of VOC (Revisions C09, D09 and 

E09) were approved by the Governor to be issued for public comment on December 10, 

2014. This started a mandatory Administrative Process Act (APA) clock for the 

remainder of the regulatory process. In order to meet the APA schedule (as well as 

fulfill the state's federal obligation to promulgate these regulations), the regulations will 

be adopted as final by the State Air Pollution Control Board at the June 2015 meeting.

Depending on the timing and the content of the final SIP call malfunction rule, the 

department may be able to modify its malfunction rules in time such that reference to 

them in the CTG rules is not an issue. If this is not possible, the department will simply 

not submit the affected malfunction provisions of the CTG rules as part of the SIP. This 

will enable EPA to approve the remainder of the CTG rules into the SIP in an 

administratively rational manner while avoiding adverse impacts to the environment.

No change has been made to the proposal as a result of this comment.

2. SUBJECT: State-only provisions.

COMMENTER: U.S. EPA

TEXT: These regulations contain the provisions entitled "Standard for odor" and 

"Standard for toxic pollutants," which incorporate by reference the provisions in 9VAC5-
5

40-130 (Emission Standards for Odor) and 9VAC5-60-200 (Emission Standards for 

Toxic Pollutants from Existing Sources). Section 107(a) of the Clean Air Act provides 

that State Implementation Plans are for the attainment and maintenance of national 

ambient air quality standards (NAAQS). The provisions in 9VAC5-40-130 and 9VAC5-

60-200 are not applicable to the NAAQS. Therefore, EPA is concerned with SIPapproving provisions not in accordance with § 107(a), unless Virginia can explain how 

these are related to attainment and maintenance of the NAAQS. 

RESPONSE: As has been done in the past with other stationary source regulations for 

the control of VOC, the state-only odor and toxics provisions will not be submitted as 

part of the final SIP submittal. The public notice states, "It is planned to submit all 

provisions of the proposals as revisions to the Commonwealth of Virginia SIP with the 

exception of provisions related to state programs for odor and toxics."

No change has been made to the proposal as a result of this comment.

3. SUBJECT: Cleaning activities associated with digital printing.

COMMENTER: Specialty Graphic Imaging Association (SGIA)

TEXT: Our intent is to encourage adoption of a regulation that conforms with the 

industrial solvent cleaning regulations adopted by other states in the same geographic 

area. SGIA is not opposed to environmental controls. However, promulgation of any 

regulatory controls should allow an industry sector to use the materials that are 

technologically compatible with their manufacturing process. The comments we offer 

seek to explore alternative means to promulgate this regulation that will result in 

environmental benefit without sacrificing an entire industrial sector. 

SGIA recommends that, similar to other state air control districts, that the rule be 

amended to exempt cleaning activities associated with digital printing. Further, SGIA 

recommends that the rule be amended to include control requirements for screen 

printing that allow for either use of solvent technology at 4.2 pounds of VOC per gallon, 

or the use of a product with a vapor pressure of 8 mm Hg. Adoption of these two 

amendments will provide conformance between the regulations adopted by your district 

with those that have been implemented in other jurisdictions. 

Appendix C, Summary of NAICS Codes for nonattainment facilities estimated to meet 

the applicability criteria recommended in this CTG, specifically lists commercial screen 

printing. Screen printing facilities use solvents for a wide range of cleaning activities. 

Solvents are used for basic building maintenance activities, however, solvents are also 

used to clean the manufacturing equipment used for production purposes. SGIA 

opposes the adoption of these proposed changes. Specifically, SGIA opposes the 

implementation of the limit of 50 grams VOC per liter that is included in the draft 

revisions. We contend that EPA’s CTG for industrial cleaning solvents did not intend for 

this limit to be applied across the board to all solvent cleaning activities. We contend 

that EPA specifically addresses the need for states to consider and adopt solvent limits 

that are appropriate to the industrial mix in a given area. 
6

Further, when the EPA CTG for industrial cleaning solvents was first drafted, the agency 

did not consider the impact of this document on new and emerging industry sectors. 

And, when finally released in 2006, the agency did not address emerging industry 

sectors. The state rules referenced in the CTG did not include digital technologies, and 

since 2006, we have seen the inclusion of digital technologies in both solvent cleaning 

as well as graphic arts air pollution control standards. Specifically, the Bay Area Air 

Quality Management District in its recently adopted revisions to their graphic arts rule, 

Regulation 8, Rule 20, exempted digital printing operations and presses from all VOC 

control requirements, including those associated with cleaning solvents. So that this 

burgeoning technology is not crippled, SGIA recommends that digital operations be 

exempted from the Northern Virginia District’s proposed regulations for industrial 

cleaning solvents. EPA understood during the development of the final CTG that not all 

industry sectors were adequately represented during the development of the 1994 

document. Further, in the CTG, EPA states that the recommendations contained in this 

CTG are based on data and information currently available to EPA. These general 

recommendations may not apply to a particular situation based upon the circumstances 

of a specific source. The data and information used by EPA was collected in 1994 and 

only addressed nine specific industry sectors. 

State air pollution control agencies have adopted regulatory language similar to 

proposal offered by SGIA. Connecticut regulation 22a-174-20 (ii) General Solvent 

Cleaning contains provisions impacting both screen and digital printing facilities. The 

requirements do not apply to the use of cleaning solvent in a digital printing operation, 

where digital printing means a method of printing in which an electronic output device 

transfers variable data, in the form of an image, from a computer to a substrate. 

Further, screen printing facilities that use cleaning solvents with an as-applied VOC 

content that does not exceed 500 grams per liter (4.2 pounds per gallon) is also exempt 

from the general cleaning solvent requirements. 

Maryland adopted a different approach. The state’s regulation, Control of VOC 

Emissions from Industrial Solvent Cleaning Operations Other Than Cold and Vapor 

Degreasing (26.11.19.09-1), exempts cleaning operations at sources subject to any 

other VOC regulations in this subtitle (26.11.19.09-1 A.6.b.ii). COMAR Rule 

26.11.19.18, Control of Volatile Organic Compound Emissions from Screen Printing and 

Digital Imaging, includes requirements for cleaning operations for screen printing and 

also covers digital printing operations, thus, both industry sectors were considered 

exempt from the requirements contained in the Industrial Solvent Cleaning regulation. 

The District of Columbia in its recently amended Rule 20-770, Miscellaneous Industrial 

Solvent Cleaning Operations, included an exemption for printing operations using 

electron beam or ultraviolet inks (which would include both digital and screen printing 

processes) and cleaning and surface preparation operations related to screen printing. 

Currently SGIA is working with the State of New Jersey Department of Environmental 

Protection on the development of regulations to govern emissions from industrial 

solvent cleaning operations that consider the requirements of the screen printing 
7

industry as well as exemption of digital printing operations from coverage. Other states, 

such as Illinois, Indiana, Wisconsin and Ohio have already adopted regulations that 

consider the unique requirements of the screen printing industry and have included an 

exemption for cleaning activities associated with digital printing operations.

RESPONSE: We agree that an industry sector should use the materials that are 

technologically compatible with their manufacturing process, and that the inclusion of 

digital printing processes in this particular CTG regulation is not appropriate.

This comment is acceptable and the proposal has been modified accordingly.

4. SUBJECT: Coatings, inks, adhesives and resin manufacturing operations.

COMMENTER: American Coatings Association (ACA)

TEXT: ACA is very concerned about the proposed Industrial Solvent Cleaning VOC 

limit (50 g/l) since this that will not allow effective cleaning at coatings, inks, adhesives 

and resin manufacturing operations. Solvents that meet the 50 g/l limit are less 

effective, more expensive, more evaporative, and more flammable than current solvents 

used today. As a result, there will likely be an increase in VOC emissions if the 50 g/l 

limit were adopted for these operations. ACA recommends DEQ either exempt coatings, 

ink, adhesives and resin manufacturing operations from the proposed regulations (as 

Maryland, Delaware, and Texas have done) or adopt similar language that Wisconsin, 

Illinois, Ohio, Indiana, North Carolina, and Missouri have adopted, which provides 

several specific options for cleaning at coatings, ink, adhesives and resin manufacturing 

operations.

RESPONSE: We agree that an alterative limit that recognizes the use of current, more 

effective solvents is appropriate.

This comment is acceptable and the proposal has been modified accordingly.

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