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 r eference. Througho ut 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 document s.

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 t he 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 (200 8 ) in effect July 1, 200 8

. In making reference to the Code of Federal

Re gulations, 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 re ferenced in the regul ations 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 E ast 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 incorporatedCOMMONWEALTH OF VIRGINIA PAGE 2 of 12

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 su bsection.

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

- Re ference 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

- M easurement 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 Mea surement of Ozone in the Atmosphere.

(e ) Appendix E

- Re served

.

(f ) Appendix F

- Measurement Principle and Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmo sphere (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 Nati onal Ambient Air Quality Standards for Ozone.

(j ) Appendix J

- Reference Method for the

Determination of Particulate Matter as PM 10 in the Atmosphere.

(k ) Appendix K

- Interpretation of the National Ambient Air Quality Standards for Particulate Matte r.COMMONWEALTH OF VIRGINIA PAGE 3 of 12

STATE AIR POLLUTION CONTROL BOARD

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 PM 2.5 in the Atmosphere.

(m) Appendix M

- Reserved.

(n) Appendix N

- Interpretation of the National Ambient Air Quality Standards for PM 2.5

.

(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

- Re ference Method for the Determination of Lead in Suspended Particulate Matter as PM 10 Collected From

Ambient Air.

(r) Appendix R

- Interpretation of the National Ambient Air Quality Standards for Lead.

(s) Appendix S

- Interpretation of the Prim ary 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 Impleme ntation 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

- Am bient Air Quality Surveillance.

Appendix A

- Quality Assurance Requirements for SLAMS, SPMs and PSD Air Monitoring.

(4 ) 40 CFR Part 60

- Standard s of Performance for NewCOMMONWEALTH OF VIRGINIA PAGE 4 of 12

STATE AIR POLLUTION CONTROL BOARD

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

- 20 AND 30 )

Stationary Sources.

The specific provisions of 40 CFR Part 60 incorpo rated by refe rence are found in Article 5 (9 VAC5

- 50

- 400 et seq.) of Part II of

9 VAC5

- 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 incorpor ated 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 Par t 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, Subpa rt D

— National Volatile Organic Compound Emission Standards for Architectural C oatings, Appendix A

-- “Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings.”

(8 ) 40 CFR Part 64, Compliance Assu rance Monitoring.

(9 ) 40 CFR Part 72, Permits Regulation.

(10 ) 40 CF R 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 OrganicCOMMONWEALTH OF VIRGINIA PAGE 5 of 12

STATE AIR POLLUTION CONTROL BOARD

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

- 20 AND 30 )

Compound Emission Standards for Co nsumer Products.

b

. Copies may be obtained from: Superintendent of Documen ts, 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. Environme ntal Protection Agency are incorporated herein by reference:

(1 ) Reich Te st, Atmospheric Emissions from Sulfuric Acid Manufacturing Processes, Public Health Service Publication No. PB82250721, 1980.

(2 ) Compilation of Air Pollutant Emission Facto rs (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 Suppleme nts 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 Industria l Classification Manual, 1987 (U.S. Government Printing Office stock number 041

- 001

- 00

- 314

- 2).

b

. Copies may be obtained from: Sup erintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250

- 7954; phone (202) 512

- 1800.

4

. American Socie ty for Testing and Materials (ASTM)

a

. The documents specified below from the American Society for Testing and Materials are incor porated herein by reference.

(1 ) D323

- 99a, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Metho d)."COMMONWEALTH OF VIRGINIA PAGE 6 of 12

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

Petr oleum (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 Petrol eum Products."

(11 ) D4294

- 98, "Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy

- Dispersive X

- Ray Flu orescence Spectroscopy."

(12 ) D523

- 89, “Standard Test Method for Specular Gloss” (1999).

(13 ) D1613

- 02, “Standar d 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, “Stand ard Test Method for Surface Burning Characteristics of Building Construction Materials” (2001).COMMONWEALTH OF VIRGINIA PAGE 7 of 12

STATE AIR POLLUTION CONTROL BOARD

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

- 20 AND 30 )

(17 ) D4214

- 98, “Stand ard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films (1998).

(18 ) D86

- 01, “Standard Test Method for Dis tillation 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 Chromatogra phy” (reapproved 2001).

(21) D 3912

- 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 f ollowing 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, Nor thwest, 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 Su bstances and Physical Agents and Biological Exposure Indices (ACGIH Handbook).

b

. Copies may be obtained from: ACGIH, 1330 Kemper Me adow 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.COMMONWEALTH OF VIRGINIA PAGE 8 of 12

STATE AIR POLLUTION CONTROL BOARD

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

- 20 AND 30 )

(1 ) NFPA 38 5, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 Edition.

(2 ) NFPA 30, Flammable and Combu stible 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, Mas sachusetts 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 Appar atus: Application, Part II of Fluid Meters, 6th edition (1971).

(3 ) Standard for the Qualification and Certificatio n of Resource Recovery Facility Operators, ASME QRO

- 1

- 1994.

b

. Copies may be obtained from the American Society of Mechanical Engine ers, 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 Reduc tion Strategies for Health Care Facilities, AHA Catalog no. W5

- 057007, 1993.

b

. Copies may be obtained from: America n Hospital Association, One North Franklin, Chicago, IL 60606; phone (800) 242

- 2626.

10

. Bay Area Air Quality Management District (BA AQMD)

a

. The following documents from the Bay Area Air QualityCOMMONWEALTH OF VIRGINIA PAGE 9 of 12

STATE AIR POLLUTION CONTROL BOARD

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

- 20 AND 30 )

Management District are incorporated herein by refere nce:

(1 ) Method 41, “Determination of Volatile Organic Compounds in Solvent

- Based Coatings and Related Materials Containing

Parachl orobenzotrifluoride” (December 20, 1995).

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

Solvent

- Base d Coatings, Inks, and Related Materials” (November 6, 1996).

b

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

Distric t, 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 Enforceme nt Samples” (1996).

(2 ) Method 318

- 95, “Determination of Weight Percent Elemental Metal in Coatings by X

- Ray Diffraction,” in Manua l SSMLLABM, “Laboratory Methods of Analysis for Enforcement Samples” (1996).

(3 ) Rule 1174 Ignition Method Complian ce 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 foll owing 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 ForCOMMONWEALTH OF VIRGINIA PAGE 10 of 12

STATE AIR POLLUTION CONTROL BOARD

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

- 20 AND 30 )

Spill

- Proof Systems and Spill

- Proof Spouts” (July 6, 2000).

(4 ) Test Method 513, “Determination Of Pe rmeation Rate For Spill

- Proof Systems” (July 6, 2000).

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

“Determination of Volati le Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products” (July 18, 20 01).

(6 ) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).

(7 ) Cal ifornia 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 ma y be obtained from: California Air Resources Board, P.O. Box 2815, Sacramento, CA 95812, phone (906) 322

- 3260 or (906) 3 22

- 2990.

13

. American Architectural Manufacturers Association

a

. The following documents from the American Architectural

Manufact urers Association are incorporated herein by reference:

(1 ) Voluntary Specification 2604

- 02, "Performance Requireme nts and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels" (2002).

(2 ) Voluntary Specificati on 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, S uite 550, Schaumburg, IL 60173, phone (847) 303

- 5664.

14

. American Furniture Manufacturers Association

a

. The foll owing document from the American Furniture Manufacturers Association is incorporated herein by reference: Joint Industry Fabrics

Standa rds Committee, Woven and Knit Residential Upholstery Fabric Standards and Guidelines (January 2001).COMMONWEALTH OF VIRGINIA PAGE 11 of 12

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.

9 VAC5 CHAPTER 30.

AMBIENT AIR QUALITY STANDARDS.

9VAC5

- 30

- 70. Nitrogen dioxide Oxides of nitrogen with nitrogen dioxide as the

indica tor

.

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 ai r 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 m ethod by a f ederal 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 (f ractional 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 co mplete 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 f or the annual standard.

F. The 1

- hour primary standard is met when the 3

- year average of the annual

98 th 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 threeCOMMONWEALTH 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 h ourly 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 quart er.

REG \ DEV

\ A 10

- REG

- FIN