ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION E14

CONCERNING

DEFINITION OF VOC ( 9VAC5 CHAPTER 10 )

Adoption Date: September 5, 2014

Effective Date: July 30, 2015

The following table lists the specific provisions of the attached regulations that will be used to implement the State Implementation Plan (SIP). A copy of the actual regulation submitted for approval and incorporation by reference into the Virginia SIP is included

in Enclosure 2.

CHAPTER 10 GENERAL DEFINITIONS

9VAC5

- 10

- 20 Terms defined

Modified

- volatile organic compound

TEMPLATES \ SIP

- REG \ REG01

SIP \ NONATTN PLANS \ 201 5 \ E14

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 19

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

- 1 0)

9VAC5 CHAPTER 10.

GENERAL DEFINITIONS.

9VAC5

- 10

- 20. Terms defined.

"Actual emissions rate" means the actual rate of emissions of a pollutant

from an emissions unit. In general actual emissions shall equal the average rate, in tons per year, at which th e unit actually emitted the pollutant during the most recent two

- year period or some other two

- year period which is representative of normal source operation.

If the board determines that no two

- year period is representative of normal source operation, the board shall allow the use of an alternative period of time upon a determination by the board that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and typ es of materials processed, stored, or combusted during the selected time period.

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

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

"Air pollution" means the presence in the outdoor atmosphere of one or more substances which are or may be 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 of life or property.

"Air quality" means the specific measurement in the ambient air of a particular air pollutant at any given time.

"Air quality control region" means a ny area designated as such in 9 VAC5

- 20

- 200.

"Alternat ive method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of the board, in specific cases, to produce results adequate for its determinatio n of compliance.

"Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.COMMONWEALTH OF VIRGINIA PAGE 2 of 19

STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)

"Ambient air quality standard" means any primary or secondary standard designated as such in 9VAC5

- 30 (Ambient Air Qua lity Standards)

.

"Board" means the State Air Pollution Control Board or its designated representative.

"Class I area" means any prevention of significant deterioration area (i) in which virtually any deterioration of existing air quality is considere d significant a nd (ii) designated as such in 9VAC 5

- 20

- 205.

"Class II area" means any prevention of significant deterioration area (i) in which any deterioration of existing air quality beyond that normally accompanying

well

- controlled growth is consider ed significant a nd (ii) designated as such in 9 VAC5

- 20

- 205.

"Class III area" means any prevention of significant deterioration area (i) in which deterioration of existing air quality to the levels of the ambient air quality standards is permitted and (i i) designated as such in 9VAC5

- 20

- 205.

"Continuous monitoring system" means the total equipment used to sample and condition (if applicable), to analyze, and to provide a permanent continuous record of emissions or process parameters.

"Control progra m" means a plan formulated by the owner of a stationary source to establish pollution abatement goals, including a compliance schedule to achieve such goals. The plan may be submitted voluntarily, or upon request or by order of the board, to ensure complia nce by the owner with standards, policies and regulations adopted by the board. The plan shall include system and equipment information and operating performance projections as required by the board for evaluating the probability

of achievement. A control program shall contain the following increments of progress:

1. The date by which contracts for emission control system or process modifications are to be awarded, or the date by which orders are to be issued for the purchase of component parts to accom plish emission control or process modification.

2. The date by which the on

- site construction or installation of emission control equipment or process change is to be initiated.

3. The date by which the on

- site construction or installation of

emiss ion control equipment or process modification is to be completed.COMMONWEALTH OF VIRGINIA PAGE 3 of 19

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

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4. The date by which final compliance is to be achieved.

"Criteria pollutant" means any pollutant for which an ambient air quality

standard is established under 9VAC5

- 30 (Ambient Air Quality Standards)

.

"Day" means a 24

- hour period beginning at midnight.

"Delayed compliance order" means any order of the board issued after an appropriate hearing to an owner which postpones the date by which a stationary source is required to compl y with any requirement contained in the applicable implementation plan.

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

"Director" or "executive director" mea ns the director of the Virginia Department of Environmental Quality or a designated representative.

"Dispersion technique"

1. Means any technique which attempts to affect the concentration of a pollutant in the ambient air by:

a. Using that por tion of a stack which exceeds good engineering practice stack height;

b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.

2. The preceding sentence does not include:

a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the g as stream;

b. The merging of exhaust gas streams where:

(1) The owner demonstrates that the facility wasCOMMONWEALTH OF VIRGINIA PAGE 4 of 19

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originally designed and constructed with such merged gas streams;

(2) After July 8, 1985, such merging is part of a change in operatio n at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" shall apply only to the emission s limitati on for the pollutant affected by such change in operation; or

(3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there

was an increase in the emission s limitation or, in the event that no emission s limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the board shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the owner that merging was not significantly motivated by such intent, the board shall deny credit for the effect s of such merging in calculating the allowable emissions for the source;

c. Smoke management in agricultural or silvicultural prescribed burning programs;

d. Episodic restrictions on residential woodburning and open burning;

or

e. Techniques un der subdivision 1 c of this definition which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.

"Emergency" means a situation that immediately and unreason ably affects, or has the potential to immediately and unreasonably affect, public health, safety or welfare; the health of animal or plant life; or property, whether used for recreational, commercial, industrial, agricultural or other reasonable use.

"E mission s limitation" means any requirement established by the board which limits the quantity, rate, or concentration of continuous emissions of air pollutants, including any requirements which limit the level of opacity, prescribe equipment, set fuel

spec ifications, or prescribe operation or maintenance procedures to assure continuous

emission reduction.

"Emission standard" means any provision of 9VAC5

- 40 (Existing Stationary Sources), 9VAC5

- 50 (New and Modified Stationary Sources), or 9VAC5

- 60 (Hazardo usCOMMONWEALTH OF VIRGINIA PAGE 5 of 19

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Air Pollutant Sources) which prescribes an emissions limitation, or other requirements that control air pollution emissions

.

"Emissions unit" means any part of a stationary source which emits or would have the potential to emit any air pollutant.

"Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated to the satisfaction of the board to have a consistent and quantitative relationship to the reference method under specified

conditions.

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

"Excess emissions" means emissions of air pollutant in excess of an

emission standard.

"Excessive concentration" is defined for the purpose of determining good engineeri ng practice (GEP) stack height under subdivision 3 of the GEP definition and

means:

1. For sources seeking credit for stack height exceeding that established under subdivision 2 of the GEP definition, a maximum ground

- level

concentration due to emissio ns from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality

standard. For sources subject to the provisions of Article 8 (9VAC5

- 80

- 1605 et seq.) of

Part II of 9VAC5

- 80 (Permi ts for Stationary Sources) , an excessive concentration alternatively means a maximum ground

- level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission

rate to be used in ma king demonstrations under this provision shall be prescribed by the new source performance standard that is applicable to the source category unless the

owner demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the board, an alternative emission rate shall be established in consultation
with the owner;

2. For sources seeking credit after October 11, 1983, for increases inCOMMONWEALTH OF VIRGINIA PAGE 6 of 19

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existing stack heights up to the heights established under subdivision 2 of the GEP

definit ion, either (i) a maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects as provided in subdivision 1 of this definition, except that the emission rate specified by any applicable implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, or (ii) the actual presence of a local nuisance caused by the existing stack, as determined by the board; and

3. For sources seeking credit after January 12, 1979, for a stack height determined under subdivision 2 of the GEP definition where the board requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling
towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subdivision 2 of the GEP definition, a maximum ground

- level concentration due in whole
or part to downwash, wakes or eddy effects that is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy

effects.

"Existing source" means any stationary source other than a new source or

modified source

.

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

"Federal Clean Air Act" means Chapter 85 (§7401 et seq.) of Title 42 of

the United States Code

.

"Federally enforceable" means all limitations and conditions which are enforceable by the administrator and citizens under the federal Clean Air Act or that are enforceable under other statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to, the following:

1. Emission standards, alternative emission standards, alternative

emission s limitations, and equivalent emission s limitations established pursuant to § 112

of the federal Clean Air Act as amended in 1990.

2. New source performance standards establ ished pursuant to § 111 of the federal Clean Air Act, and emission standards established pursuant to § 112 of the

federal Clean Air Act before it was amended in 1990.COMMONWEALTH OF VIRGINIA PAGE 7 of 19

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3. All terms and conditions in a federal operating permit, including any provisions t hat limit a source's potential to emit, unless expressly designated as not federally enforceable.

4. Limitations and conditions that are part of an implementation plan.

5. Limitations and conditions that are part of a section 111(d) or section 111( d)/129 plan.

6. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51.

7. Limitations and conditions that are part of an operating permit issued pursuant to a program approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for EPA and public comment prior to issua nce of the final permit and practicable enforceability.

8. Limitations and conditions in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federa l Clean Air Act.

9. Individual consent agreements issued pursuant to the legal authority of EPA.

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

1. 65 meters, measured from the ground

- level elevation at the base of the stack;

2. a. For stacks in existence on January 12, 1979, and for which the owner had obtained all applicable permits or approvals required under 9VAC5

- 80 (Permits for Stationary Sources)

,

Hg = 2.5H,

provided the owner produces evidence that this equation was actually relied on in establishing an emission s limitation;

b For all other stacks,COMMONWEALTH OF VIRGINIA PAGE 8 of 19

STATE AIR POLLUTION CONTROL BOARD

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- 1 0)

Hg = H + 1.5L,

where:

Hg = good engineering practice stack height, measured from the ground

- level elevation at the b ase of the stack,

H = height of nearby structures measured from the ground

- level elevation at the base of the stack,

L = lesser dimension, height or projected width, of nearby structures provided that the board may require the use of a field study or fluid model to verify GEP stack height for the

source; or

3. The height demonstrated by a fluid model or a field study approved by the board, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutan t as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain

features.

"Hazardous air pollutant" means an air pollutant to which no ambient air quality standard is applicable and which i n the judgment of the administrator causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

"Implementation plan" m eans the portion or portions of the state implementation plan, or the most recent revision thereof, which has been approved under § 110 of the federal Clean Air Act, or promulgated under § 110(c) of the federal Clean Air Act, or promulgated or approved pur suant to regulations promulgated under § 301(d) of the federal Clean Air Act and which implements the relevant requirements of the federal

Clean Air Act.

"Initial emission test" means the test required by any regulation, permit issued pursuant to 9VAC5

- 80 (Permits for Stationary Sources)

, control program, compliance schedule or other enforceable mechanism for determining compliance with new or more stringent emission standards or permit limitations or other emission s limitations requiring the installatio n or modification of air pollution control equipment or implementation of a control method. Initial emission tests shall be conducted in

accordance with 9VAC5

- 40

- 30.COMMONWEALTH OF VIRGINIA PAGE 9 of 19

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"Initial performance test" means the test required by (i) 40 CFR Part 60 for

determinin g compliance with standards of performance, or (ii) a permit issued pursuant to

9VAC5

- 80 (Permits for Stationary Sources) for determining initial compliance with permit

limitations. Initial performance tests shall be conducted in accordance with 9VAC5

- 50

- 3 0

and 9VAC5

- 60

- 30.

"Isokinetic sampling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.

"Locality" means a city, town, county or other public bod y created by or pursuant to state law.

"Maintenance area" means any geographic region of the United States previously designated as a nonattainment area and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan and designated as

such in 9VAC5

- 20

- 203.

"Malfunction" means any sudden failure of air pollution control equipment, of process equipment, or of a process to operate in a normal or usual manner, which failure is not due to intentional misconduct or negli gent conduct on the part of the owner or other person. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

"Metropolitan statistical area" means a ny area designated as such in

9 VAC5

- 20

- 202.

"Monitoring dev ice" means the total equipment used to measure and record (if applicable) process parameters.

"Nearby" as used in the definition of good engineering practice (GEP) is defined for a specific structure or terrain feature and:

1. For purposes of applyi ng the formulae provided in subdivision 2 of the GEP definition means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 kilometers (1/2 mile); and

2. For conducting demonstrations un der subdivision 3 of the GEP definition means not greater than 0.8 kilometers (1/2 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (Ht) of the feature, no t to exceed two miles if such feature achieves a height (Ht) 0.8 kilometers from the stack that is at least 40% of the GEP stackCOMMONWEALTH OF VIRGINIA PAGE 10 of 19

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height determined by the formulae provided in subdivision 2 b of the GEP definition or 26 meters, whichever is greater, as meas ured from the ground

- level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground

- level

elevation at the base of the stack.

"Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as

m easured by test methods set forth in 40 CFR Part 60.

"Nonattainment area" means any area which is shown by air quality monitoring data or, where such data are not available, which is calculated by air quality modeling (or other methods determined by the board to be reliable) to exceed the levels allowed by the ambient air quality standard for a given pollutant including, but not limited to, areas designated as such in 9VAC5

- 20

- 204.

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

"One

- hour pe riod" means any period of 60 consecutive minutes commencing on the hour.

"Organic compound" means any chemical compound of carbon excluding
carbon monoxide, carbon dioxide, carbonic disulfide, carbonic acid, metallic carbides,

metallic carbonates and am monium carbonate.

"Owner" means any person, including bodies politic and corporate, associations, partnerships, personal representatives, trustees and committees, as well as individuals, who owns, leases, operates, controls or supervises a source.

"P articulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.

"Particulate matter emissions" means all finely divided solid or liquid
material, other than uncombined water, emitt ed to the ambient air as measured by the applicable reference method, or an equivalent or alternative method.

"PM 10 " means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by the applicable refer ence method or an equivalent method.

"PM 10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by the applicable reference method, o r an equivalent or

alternative method.COMMONWEALTH OF VIRGINIA PAGE 11 of 19

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- 1 0)

"Performance test" means a test for determining emissions from new or

modified sources.

"Person" means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any o ther legal entity.

"Pollutant" means any substance the presence of which in the outdoor atmosphere is or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interferes with the e njoyment by the people of life or property.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation

or its effect on emissions i s state and federally enforceable.

"Prevention of significant deterioration area" means any area not designated as a nonattainment area in 9VAC5

- 20

- 204 for a particular pollutant and designated as such in 9VAC 5

- 20

- 205.

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

"Public hearing" means, unless indicated otherwise, an informal proceeding, similar to that provided for in § 2.2

- 4007 .02 of the Administrative Process Act, held t o afford persons an opportunity to submit views and data relative to a matter on which a decision of the board is pending.

"Reference method" means any method of sampling and analyzing for an air pollutant as described in the following EPA regulations:

1. Fo r ambient air quality standards in 9VAC5

- 30 (Ambient Air Quality Standards) : the applicable appendix of 40 CFR Part 50 or any method that has been designated as a reference method in accordance with 40 CFR Part 53, except that it

does not include a method for which a reference designation has been canceled in accordance with 40 CFR 53.11 or 40 CFR 53.16;

2. For emission standards in 9VAC5

- 40 (Existing Stationary Sources) and 9VAC5

- 50 (New and Modified Stationary Sources) : Appendix M of 40COMMONWEALTH OF VIRGINIA PAGE 12 of 19

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CFR P art 51 or Appendix A of 40 CFR Part 60; or

3. For emission standards in 9VAC5

- 60 (Hazardous Air Pollutant Sources) : Appendix B of 40 CFR Part 61 or Appendix A of 40 CFR Part 63.

"Regional director" means the regional director of an administrative re gion of the Department of Environmental Quality or a designated representative.

"Regulation of the board" means any regulation adopted by the State Air Pollution Control Board under any provision of the Code of Virginia.

"Regulations for the Control and Abatement of Air Pollution" means 9VAC5

- 10 (General Definitions) through 9VAC5

- 80 (Permits for Stationary Sources)

.

"Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids except liquef ied petroleum gases as determined by American Society for Testing and Materials publication, “ Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)” (see 9 VAC5

- 20

- 21).

"Run" means the net period of time during which an emission sam ple is

collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice.

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

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

Act.

"Shutdown" means the cessation of operation of an affected facility for any

purpose.

"Source" means any one or combination of the following: buildings, structures, facilities, installations, articles, machines, equipment, landcraft, watercraft, aircraft or other contrivances which contribute, or may contribute, either direc tly orCOMMONWEALTH OF VIRGINIA PAGE 13 of 19

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- 1 0)

indirectly to air pollution. Any activity by any person that contributes, or may contribute, either directly or indirectly to air pollution, including, but not limited to, open burning, generation of fugitive dust or emissions, and cleaning with abr asives or chemicals.

"Stack" means any point in a source designed to emit solids, liquids or gases into the air, including a pipe or duct, but not including flares.

"Stack in existence" means that the owner had:

1. Begun, or caused to begin, a co ntinuous program of physical on site construction of the stack; or

2. Entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner, to undertake a program of construction of t he stack to be completed in a reasonable time.

"Standard conditions" means a temperature of 20 **°** C (68 **°** F) and a pressure of 760 millimeters of Hg (29.92 inches of Hg).

"Standard of performan ce" means any provision of 9VAC5

- 50 (New and

Modified Stationa ry Sources wh ich prescribes an emission s limitation or other requirements that control air pollution emissions.

"Startup" means the setting in operation of an affected facility for any

purpose.

"State enforceable" means all limitations and conditions which are enforceable by the board or department, including, but not limited to, those requirements developed pursuant to 9VAC5

- 20

- 110, requirements within any applicable regulation, order, consent agreement or variance, and any permit requirements establ ished pursuant

to 9VAC5

- 80 (Permits for Stationary Sources)

.

"State Implementation Plan" means the plan, including the most recent revision thereof, which has been approved or promulgated by the administrator, U.S. Environmental Protection Agency, under § 1 10 of the federal Clean Air Act, and which implements the requirements of § 110.

"Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant. A stationary source shall include all of the poll utant

- emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel.COMMONWEALTH OF VIRGINIA PAGE 14 of 19

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- 1 0)

Pollut ant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the same two

- digit code) as described in the Standard Industrial Classification Manual (see 9VAC5

- 20

- 21).

"The se regulations" means 9VAC5

- 10 (General Definitions) through

9VAC5

- 80 (Permits for Stationary Sources)

.

"Total suspended particulate (TSP)" means particulate matter as measured by the reference method described in Appendix B of 40 CFR Part 50.

"True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute (API) publication, “Evaporative Loss from Floating

- Roof Tanks” (see

9VAC5

- 20

- 21). The AP I procedure may not be applicable to some high viscosity or high pour crudes. Available estimates of true vapor pressure may be used in special cases

such as these.

"Urban area" means any area consisting of a core city with a population of
50,000 or mor e plus any surrounding localities with a population density of 80 persons per square mile and designated as such in 9VAC5

- 20

- 201.

"Vapor pressure," except where specific test methods are specified, means true vapor pressure, whether measured directly, o r determined from Reid vapor pressure by use of the applicable nomograph in American Petroleum Institute publication, “Evaporative Loss from Floating

- Roof Tanks” (see 9VAC5

- 20

- 21).

"Virginia Air Pollution Control Law" means Chapter 13 (§ 10.1

- 1300 et s eq.) of Title 10.1 of the Code of Virginia.

"Volatile organic compound" mean s any compound of carbon, excluding
carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric ph otochemical reactions.

1. This includes any such organic compounds which have been determined to have negligible photochemical reactivity other than the following:

a. Methane;

b. Ethane;

c. Methylene chloride (dichloromethane);COMMONWEALTH OF VIRGINIA PAGE 15 of 19

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- 1 0)

d. 1 ,1,1

- trichloroethane (methyl chloroform);

e. 1,1,2

- trichloro

- 1,2,2

- trifluoroethane (CFC

- 113);

f. Trichlorofluoromethane (CFC

- 11);

g. Dichlorodifluoromethane (CFC

- 12);

h. Chlorodifluoromethane (HCFC

- 22);

i. Trifluoromethane (HFC

- 23) ;

j. 1,2

- dichloro 1,1,2,2,

- tetrafluoroethane (CFC

- 114);

k. Chloropentafluoroethane (CFC

- 115);

l. 1,1,1

- trifluoro 2,2

- dichloroethane (HCFC

- 123);

m

. 1,1,1,2

- tetrafluoroethane (HFC

- 134a);

n. 1,1

- dichloro 1

- fluoroethane (HCFC

- 141b);

o. 1

- chloro 1,1

- difluoroethane (HCFC

- 142b);

p. 2

- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

- 124);

q. Pentafluoroethane (HFC

- 125);

r. 1,1,2,2

- tetrafluoroethane (HFC

- 134);

s. 1,1,1

- trifluoroethane (HFC

- 143a);

t. 1,1

- difluoroethane (HF C

- 152a);

u. Parachlorobenzotrifluoride (PCBTF);

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

w. Acetone;

x. Perchloroethylene (tetrachloroethylene);COMMONWEALTH OF VIRGINIA PAGE 16 of 19

STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)

y. 3,3

- dichloro

- 1,1,1,2,2

- pentafluoropropane (HCFC

- 225ca);

z. 1,3

- dichloro

- 1,1,2,2,3

- pentafluoropropane (HCFC

- 225cb);

aa. 1,1,1,2,3,4,4,5,5,5

- decafluoropentane (HFC 43

- 10mee);

bb. Difluoromethane (HFC

- 32);

cc. Ethylfluoride (HFC

- 161);

dd. 1,1,1,3,3,3

- hexafluoropropane (HFC

- 236fa);

ee. 1,1 ,2,2,3

- pentafluoropropane (HFC

- 245ca);

ff. 1,1,2,3,3

- pentafluoropropane (HFC

- 245ea);

gg

. 1,1,1,2,3

- pentafluoropropane (HFC

- 245eb);

hh

. 1,1,1,3,3

- pentafluoropropane (HFC

- 245fa);

ii. 1,1,1,2,3,3

- hexafluoropropane (HFC

- 236ea);

jj. 1,1 ,1,3,3

- pentafluorobutane (HFC

- 365mfc);

kk

. Chlorofluoromethane (HCFC

- 31);

ll. 1 chloro

- 1

- fluoroethane (HCFC

- 151a);

mm. 1,2

- dichloro

- 1,1,2

- trifluoroethane (HCFC

- 123a);

nn. 1,1,1,2,2,3,3,4,4

- nonafluoro

- 4

- methoxy

- butane (C 4 F 9 OCH 3 or HFE

- 71 00);

oo. 2

- (difluoromethoxymethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 );

pp. 1

- ethoxy

- 1,1,2,2,3,3,4,4,4

- nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE

- 7200);

qq. 2

- (ethoxydifluoromethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 );COMMONWEALTH OF VIRGINIA PAGE 17 of 19

STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)

rr. Methyl acetate;

ss. 1,1,1,2,2,3,3

- heptafluoro

- 3

- methoxy

- propane (n

C 3 F 7 OCH 3 ) (HFE

- 7000);

tt. 3

- ethoxy

- 1,1,1,2,3,4,4,5,5,6,6,6

- dodecafluoro

- 2

- (trifluoromethyl) hexane (HFE

- 7500);

uu. 1,1,1,2,3,3,3

- heptafluoropropane (HFC 227ea);

vv. methyl formate (HCOOCH 3 );

ww. 1,1,1,2,2,3,4,5,5,5

- decafluoro

- 3

- methoxy

- 4

- trifluoromethyl

- pentane (HFE

- 7300);

xx. propylene carbonate;

yy. dimethyl carbonate;

zz. trans

- 1,3,3,3

- tetrafluoropropene;

aaa. HCF 2 OCF 2 H (HFE

- 134) ;

bbb. HCF 2 OCF 2 OCF 2 H (HFE

- 236cal2);

ccc. HCF 2 OCF 2 CF 2 OCF 2 H (HFE

- 338pcc13);

ddd. HCF 2 OCF 2 OCF 2 CF 2 OCF 2 H (H

- Galden 1040x or H

Galden ZT 130 (or 150 or 180)); and

eee. r eserved;

fff. 2

- amino

- 2

- methyl

- 1

- propanol; and

ggg

. Perfluo rocarbon compounds which fall into these

classes:

(1) Cyclic, branched, or linear, completely fluorinated
alkanes;

(2) Cyclic, branched, or linear, completely fluorinatedCOMMONWEALTH OF VIRGINIA PAGE 18 of 19

STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)

ethers with no unsaturations;

(3) Cyclic, branched, or linear, comp letely fluorinated tertiary amines with no unsaturations; and

(4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

2. For purposes of determining compliance with emissions
standards, vola tile organic compounds shall be measured by the appropriate reference method in accordance with the provisions of 9VAC5

- 40

- 30 or 9VAC5

- 50

- 30, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligi bly

- reactive compounds may be excluded as a volatile organic compound if the amount of such compounds is accurately quantified, and such exclusion is approved by the board.

3. As a precondition to excluding these compounds as volatile organic compounds or at any time thereafter, the board may require an owner to provide monitoring or testing methods and results demonstrating, to the satisfaction of the board, the amount of negligibly

- reactive compounds in the emissions of the source.

4. Exclusion of the above compounds in this definition in effect exempts such compounds from the provisions of emission standards for volatile organic compounds. The compounds are exempted on the basis of being so inactive that they will not contribute significantly to t he formation of ozone in the troposphere. However, this exemption does not extend to other properties of the exempted compounds which, at some future date, may require regulation and limitation of their use in accordance with requirements of the federal Cl ean Air Act.

5. The following compound is a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOCs and shall be uniquely identified in emission reports,

but is not a VOC for purposes of VOC emission s standards, VOC emission limitations, or VOC content requirements: t

- butyl acetate.

"Welfare" means that language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetatio n, manmade materials, animals, wildlife, weather, visibility and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort

and well

- being.COMMONWEALTH OF VIRGINIA PAGE 19 of 19

STATE AIR POLLUTION CONTROL BOARD

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

- 1 0)

REG \ DEV \ E14

- REG

- FIN