ENCLOSURE 2 

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES 

AND COMPLIANCE WITH 

STATE ADMINISTRATIVE PROCEDURES 

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

following information regarding public participation activities and compliance with state 

administrative procedures is provided. 

PUBLIC PARTICIPATION ACTIVITIES

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

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

Virginia State Implementation Plan was held from August 4 to September 3, 2010. 

As required by 40 CFR Part 51.102(a) and (d)(1) and (2), the public was given notice of 

the public comment period in the Washington Examiner (for the National Capital 

Interstate Air Quality Control Region), along with the location of the proposal for public 

inspection, on August 4, 2010. The notice included procedures to afford the public the 

opportunity to request that a hearing be held pursuant to 40 CFR 51.102(a); no such 

request was received. The attached copy of the notice provides the evidence required 

by Section 2.1(f) of Appendix V of 40 CFR Part 51. Similar notices were placed in at 

least one paper of general circulation in each of Virginia's other Air Quality Control 

Regions. 

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

of the public comment period, as was each local air pollution control agency which will 

be significantly affected by the revision and is located in the affected Air Quality Control 

Regions. In addition, the District of Columbia, Maryland and Tennessee, which share 

affected interstate Air Quality Control Regions with Virginia, were notified of the public 

comment period. These notifications follow the requirements of 40 CFR Part 

51.102(d)(3), (4) and (5). 

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation 

amendments were published in the Virginia Register of Regulations on November 24, 

2008 after being duly adopted by the State Air Pollution Control Board on October 23, 

2008, certified by the Office of the Attorney General as within the board’s statutory 

authority on October 23, 2008 and thus fully enforceable under Virginia law, and 

submitted to the Virginia Registrar on behalf of the Board by the Department of 

Environmental Quality as a true and accurate copy of the duly adopted regulation on 

November 3, 2008, 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 December 31, 2008. 

TEMPLATES\SIP-REG\REG02-PH 

SIP\NONATTN PLANS\2010\K08-SIP-2.DOC 

Regulations

Volume 25, Issue 6 Virginia Register of Regulations November 24, 2008 

1274 

vehicles and not a reconstructed vehicle as defined in this 

section. 

"Standard conditions" means a temperature of 20°C (68°F) 

and a pressure of 760 mm of Hg (29.92 inches of Hg). 

"Standardized instruments" means laboratory instruments 

calibrated with precision gases traceable to the National 

Institute of Standards and Technology and accepted by the 

department as the standards to be used for comparison 

purposes. All candidate instruments are compared in 

performance to the standardized instruments. 

"Tactical military vehicle" means any motor vehicle 

designed to military specifications or a commercially 

designed motor vehicle modified to military specifications to 

meet direct transportation support of combat, tactical, or 

military relief operations, or training of personnel for such 

operations. 

"Tampering" means to alter, remove or otherwise disable or 

reduce the effectiveness of emissions control equipment on a 

motor vehicle. 

"Test" means an emissions inspection of a vehicle, or any 

portion thereof, performed by an emissions inspector at an 

emissions inspection station, using the procedures and 

provisions set forth in this chapter. 

"Test and repair" means motor vehicle emissions inspection 

stations that perform emissions inspections and may also 

perform vehicle repairs. No provision of this chapter shall bar 

emissions inspection stations from also performing vehicle 

repairs. 

"Thermostatic air cleaner" means a system that supplies 

temperature-regulated air to the air intake system during 

engine operation. 

"True concentration" means the concentration of the gases 

of interest as measured by a standardized instrument that has 

been calibrated with 1.0% precision gases traceable to the 

National Bureau of Standards. 

"Two-speed idle test (TSI)" means a vehicle exhaust 

emissions test, performed in accordance with section (II) of 

40 CFR Part 51, Appendix B to Subpart S, which measures 

the concentrations of pollutants in the exhaust gases of an 

engine (i) while the motor vehicle transmission is not 

propelling the vehicle and (ii) while the engine is operated at 

both curb idle and at a nominal engine speed of 2,500 rpm. 

"Vehicle specific power (VSP)" means an indicator 

expressed as a function of vehicle speed, acceleration, drag 

coefficient, tire rolling resistance and roadway grade that is 

used to characterize the load a vehicle is operating under at 

the time and place a vehicle is measured by remote sensing 

equipment. It is calculated using the following formula: 

VSP = 4.39 x Sine (Site Grade in Degrees/57.3) x Speed 

+ K1 

x Speed x Acceleration + K2 x Speed + K3 x Speed3

. 

Where: 

VSP = vehicle specific power indicator; 

Sine = the trigonometric function that for an acute angle 

is the ratio between the side opposite the angle when it is 

considered part of a right triangle and the hypotenuse; 

Site Grade in Degrees = slope of road where remote 

sensing measurement is taken; 

K1, K2 and K3 = empirically determined coefficients 

specific to the weight class of the vehicle; 

Speed = rate of motion in miles per hour of vehicle at the 

time remote sensing measurement is taken; and 

Acceleration = change in speed in miles per hour per 

second. 

For light duty vehicles the values for K1, K2 and K3 are 

respectively 0.22, 0.0954 and 0.0000272. Based on EPA 

guidance, the department may develop different values for 

K1, K2 and K3 that are applicable to heavy duty vehicles or 

to specific classes of light duty vehicles. 

"Virginia Motor Vehicle Emissions Control Program" 

means the program for the inspection and control of motor 

vehicle emissions established by Virginia Motor Vehicle 

Emissions Control Law. 

"Virginia Motor Vehicle Emissions Control Law" means 

Article 22 (§ 46.2-1176 et seq.) of Chapter 10 of Title 46.2 of 

the Code of Virginia. 

"Visible smoke" means any air pollutant, other than visible 

water droplets, consisting of black, gray, blue or blue-black 

airborne particulate matter emanating from the exhaust 

system or crankcase. Visible smoke does not mean steam. 

"Zero gas" means a gas, usually air or nitrogen, which is 

used as a reference for establishing or verifying the zero point 

of an exhaust gas analyzer. 

VA.R. Doc. No. R09-1022; Filed November 3, 2008, 3:11 p.m. 

Final Regulation 

REGISTRAR’S NOTICE: The State Air Pollution Control 

Board is claiming an exemption from the Administrative 

Process Act in accordance with § 2.2-4006 A 3, which 

excludes regulations that consist only of changes in style or 

form or corrections of technical errors. The State Air 

Pollution Control Board will receive, consider and respond to 

petitions by any interested person at any time with respect to 

reconsideration or revision. 

Title of Regulation: 9VAC5-140. Regulation for Emissions 

Trading Programs (amending 9VAC5-140-900, 9VAC5-

140-920, 9VAC5-140-930).
Regulations

Volume 25, Issue 6 Virginia Register of Regulations November 24, 2008 

1275

Statutory Authority: §§ 10.1-1308 and 10.1-1322.3 of the 

Code of Virginia; §§ 108, 109, 110 and 302 of the Clean Air 

Act; 40 CFR Part 51. 

Effective Date: December 31, 2008. 

Agency Contact: Mary E. Major, Environmental Program 

Manager, Department of Environmental Quality, P.O. Box 

10009, Richmond, VA 23240, telephone (804) 698-4423, 

FAX (804) 698-4510, TTY (804) 698-4021, or email 

mlmajor@deq.virginia.gov. 

Summary:

The regulation establishes a NOx Budget Trading Program 

(i.e., NOx SIP Call program) as a means of mitigating the 

interstate transport of ozone and nitrogen oxides including 

the following provisions: permitting allowance 

methodology, monitoring, banking, compliance supplement 

pool, compliance determination and opt-in provisions for 

sources not covered by the regulation.

Beginning May 31, 2004, electric generating units with a 

nameplate capacity greater than 25 MWe and nonelectric 

generating units above 250 mmBtu will be subject to the 

provisions of the regulation. NOx emissions from subject 

units shall be subject to a specific limited budget 

(measured in tons) during the summer months of May 1 

through September 31, otherwise know as the control 

period. The NOx budget shall be determined through a 

methodology based upon emission rates multiplied by heat 

input. If a unit does not use all of its allowances for a 

specific control period, those extra tons may be banked for 

future use or sold. If a unit exceeds the budget limit, 

additional allowances may be purchased or the source may 

use banked allowances to offset the amount of NOx

generated above the budget limit.

An allocation set-aside budget is available to 

accommodate new sources that receive permits and 

commence operation after the distribution to the qualifying 

units (those in operation at least two years before the 

distribution date).

On May 12, 2005 (70 FR 25162), EPA published the final 

Clean Air Interstate Rule (CAIR), designed to reduce the 

interstate transport of sulfur dioxide (SO2) and nitrogen 

oxides (NOx) across the eastern portion of the United 

States and help states and localities attain the eight-hour 

ozone and fine particles (PM2.5) standards. In essence, this 

program was intended to replace the seasonal NOx SIP 

Call program as well as create an annual trading program 

for NOx and SO2 starting in 2009.

On July 11, 2008, a three-member panel of the U.S. Court 

of Appeals for the D.C. Circuit vacated the entire EPA 

CAIR regulation. In the absence of the EPA regulation, § 

10.1-1328 of the Code of Virginia does not provide a legal 

basis for a state CAIR regulation (Parts II, III and IV of 

this regulation), which is based upon the federal 

regulation; thus, state CAIR regulation cannot be 

implemented.

The NOx SIP Call program is still in effect and can be used 

to help the Commonwealth meet its obligation to reduce 

the transport of upwind NOx emissions to downwind states. 

In reviewing the NOx SIP Call regulation it was 

determined that regulatory language inadvertently ended 

the state budget in 2008.

To rectify this oversight, NOx Trading Budgets for both 

EGU and non-EGU sources have been extended beyond 

2008; however, the size of the NOx Trading Budgets 

remain unchanged.

Article 10 

State Trading Program Budget and Compliance Supplement 

Pool 

9VAC5-140-900. State trading program budget. 

For use in each control period for the years 2004 through 

2008 year 2004 and each year thereafter, the total number of 

NOx tons apportioned to all NOx Budget units is the sum of 

the NOx tons apportioned under 9VAC5-140-920 and 

9VAC5-140-930. 

9VAC5-140-920. Total electric generating unit allocations. 

A. For use in each control period for the years 2004 through 

2008, the total number of NOx tons apportioned to all NOx

Budget units under 9VAC5-140-40 A 1 is the number of NOx

tons specified for EGUs for the Commonwealth of Virginia in 

Appendix C to 40 CFR Part 97. 

B. For use in each control period for the year 2009 and each 

year thereafter, the total number of NOx tons apportioned to 

all NOx Budget units under 9VAC5-140-40 A 1 is 17,091.

9VAC5-140-930. Total nonelectric generating unit 

allocations. 

A. For use in each control period for the years 2004 through 

2008, the total number of NOx tons apportioned to all NOx

Budget units under 9VAC5-140-40 A 2 is 4,104. 

B. For use in each control period for the year 2009 and each 

year thereafter, the total number of NOx tons apportioned to 

all NOx Budget units under 9VAC5-140-40 A 2 is 4,104.

VA.R. Doc. No. R09-1517; Filed November 3, 2008, 3:11 p.m. 

Final Regulation 

REGISTRAR'S NOTICE: The following regulatory actions 

are exempt from the Administrative Process Act in 

accordance with § 2.2-4006 A 4 c of the Code of Virginia, 

which excludes regulations that are necessary to meet the 

requirements of federal law or regulations, provided such 

regulations do not differ materially from those required by 

federal law or regulation. The State Air Pollution Control