COMMONWEALTH OF VIRGINIA PAGE 1 of 12

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND 30)

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 (2008) in effect July 1, 2008. 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 Section 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 
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STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND 30)

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 - Reference Method for the 

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

(b) Appendix B - Reference Method for the 

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

Method).

(c) Appendix C - Measurement Principle and 

Calibration Procedure for the Continuous Measurement of Carbon Monoxide in the 

Atmosphere (Non-Dispersive Infrared Photometry).

(d) Appendix D - Measurement Principle and 

Calibration Procedure for the Measurement of Ozone in the Atmosphere.

(e) Appendix E - Reserved.

(f) Appendix F - Measurement Principle and 

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

Phase Chemiluminescence).

(g) Appendix G - Reference Method for the

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

(h) Appendix H - Interpretation of the National 

Ambient Air Quality Standards for Ozone.

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

and Secondary National Ambient Air Quality Standards for Ozone.

(j) Appendix J - Reference Method for the 

Determination of Particulate Matter as PM10 in the Atmosphere.

(k) Appendix K - Interpretation of the National 

Ambient Air Quality Standards for Particulate Matter.
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND 30)

(l) Appendix L - Reference Method for the 

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

(m) Appendix M - Reserved.

(n) Appendix N - Interpretation of the National 

Ambient Air Quality Standards for PM2.5.

(o) Appendix O - Reference Method for the 

Determination of Coarse Particulate Matter as PM in the Atmosphere.

(p) Appendix P - Interpretation of the Primary and 

Secondary National Ambient Air Quality Standards for Ozone.

(q) Appendix Q - Reference Method for the 

Determination of Lead in Suspended Particulate Matter as PM10 Collected From 

Ambient Air.

(r) Appendix R - Interpretation of the National Ambient 

Air Quality Standards for Lead.

(s) Appendix S - Interpretation of the Primary National 

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

(d) Appendix Y - Guidelines for BART Determinations 

Under the Regional Haze Rule.

(3) 40 CFR Part 58 - Ambient Air Quality Surveillance.

Appendix A - Quality Assurance Requirements for 

SLAMS, SPMs and PSD Air Monitoring.

(4) 40 CFR Part 60 - Standards of Performance for New 
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND 30)

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).

(5) 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).

(6) 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).

(7) 40 CFR Part 59, 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.”

(8) 40 CFR Part 64, Compliance Assurance Monitoring.

(9) 40 CFR Part 72, Permits Regulation.

(10) 40 CFR Part 73, Sulfur Dioxide Allowance System.

(11) 40 CFR Part 74, Sulfur Dioxide Opt-Ins.

(12) 40 CFR Part 75, Continuous Emission Monitoring.

(13) 40 CFR Part 76, Acid Rain Nitrogen Oxides Emission 

Reduction Program.

(14) 40 CFR Part 77, Excess Emissions.

(15) 40 CFR Part 78, Appeal Procedures for Acid Rain 

Program.

(16) 40 CFR 59 Subpart C, National Volatile Organic 
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STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND 30)

Compound Emission Standards for Consumer Products.

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 (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.

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

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

subdivision (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 (2) of this subdivision may be obtained online from 

EPA's Technology Transfer Network at http://www.epa.gov/ttn/chief/ap42/index/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)."
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STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND 30)

(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 Method for Drying, Curing, or 

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

(15) E119-00a, “Standard Test Method for Fire Tests of 

Building Construction Materials” (2000).

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

Characteristics of Building Construction Materials” (2001).
COMMONWEALTH OF VIRGINIA PAGE 7 of 12

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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND 30)

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

Degree of Chalking of Exterior Paint Films (1998).

(18) D86-01, “Standard Test Method for Distillation of 

Petroleum Products at Atmospheric Pressure” (2001).

(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."

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.
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STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND 30)

(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 

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 
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STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND 30)

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).

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) Test Method 512, “Determination Of Fuel Flow Rate For 
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STATE AIR POLLUTION CONTROL BOARD

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

(4) Test Method 513, “Determination Of Permeation Rate 

For Spill-Proof Systems” (July 6, 2000).

(5) Test Method 310 (including Appendices A and B), 

“Determination of Volatile Organic Compounds (VOC) in Consumer Products and 

Reactive Organic Compounds in Aerosol Coating Products” (July 18, 2001).

(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).

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).
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STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND 30)

b. Copies may be obtained from: American Furniture 

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

5000.

9VAC5 CHAPTER 30.

AMBIENT AIR QUALITY STANDARDS.

9VAC5-30-70. Nitrogen dioxide Oxides of nitrogen with nitrogen dioxide as the 

indicator.

A. The primary and secondary annual ambient air quality standard is 0.053 parts 

per million (100 micrograms per cubic meter) -- annual arithmetic mean concentration

53 parts per billion (ppb), annual average concentration, measured in the ambient air as 

nitrogen dioxide.

B. The primary 1-hour ambient air quality standard is 100 ppb, 1-hour average 

concentration, annual arithmetic mean concentration.

C. The secondary ambient air quality standard is 0.053 parts per million (ppm)

(100 micrograms per cubic meter), annual arithmetic mean concentration.

D. Nitrogen dioxide The levels of the standards shall be measured by the a

reference method described in based on Appendix F of 40 CFR Part 50, or other 

method designated as such, or by an equivalent method by a federal equivalent method 

(FEM) designated in accordance with 40 CFR Part 53.

C. The standards are attained when the annual arithmetic mean concentration in 

a calendar year is less than or equal to 0.053 ppm, rounded to three decimal places 

(fractional parts equal to or greater than 0.0005 ppm must be rounded up). To 

demonstrate attainment, an annual mean must be based upon hourly data that are at 

least 75 percent complete or upon data derived from manual methods that are at least 

75 percent complete for the scheduled sampling days in each calendar quarter. E. The 

annual primary standard is met when the annual average concentration in a calendar 

year is less than or equal to 53 ppb, as determined in accordance with Appendix S of 

40 CFR Part 50 for the annual standard.

F. The 1-hour primary standard is met when the 3-year average of the annual 

98th percentile of the daily maximum 1-hour average concentration is less than or equal 

to 100 ppb, as determined in accordance with Appendix S of 40 CFR Part 50 for the 1-

hour standard.

G. The secondary standard is attained when the annual arithmetic mean 

concentration in a calendar year is less than or equal to 0.053 ppm, rounded to three 
COMMONWEALTH OF VIRGINIA PAGE 12 of 12

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND 30)

decimal places (fractional parts equal to or greater than 0.0005 ppm must be rounded 

up). To demonstrate attainment, an annual mean shall be based upon hourly data that 

are at least 75% complete or upon data derived from manual methods that are at least 

75% complete for the scheduled sampling days in each calendar quarter.

REG\DEV\A10-REG-FIN