### 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 participat ion activities and compliance with state administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comm ent period to provide the opportunity to submit written comments concerning a proposed revision to the Commonwealth of Virginia State Implementation Plan was hel d 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 hel d 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. En vironmental 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 Appendi x V of 40 CFR Part 51, the regulation amendments were published in the Virginia R egister 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 Attor ney 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 accura te 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 Virgin ia State Implementation Plan is attached, along with the effective dat e 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 ve hicle as defined in this section.

"Standard conditions" means a temperature of 20°C (68°F) and a pressure of 760 mm of H g (29.92 inches of H g ).

"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 insp ection of a vehicle, or any portion thereof, performed by an emissions inspector at an emissions inspection stati on, using the procedures and provisions set forth in this chapter.

"Test and repair" means motor vehicle emissions inspection stations that perform emis sions inspections and may also perform vehicle repairs. No pr ovision of this ch apter 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 standa rdized 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 usin g 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 Speed 3

. Where:

VSP = vehicle specific power indicator; Sine = the trigonometric function that for an acute angle is the ratio between the side o pposite the angle when it is considered part of a right triang le 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 m easurement 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 devel op 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 pol lutant, 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 NO x Budget Trading Program (i.e., NO x 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, complian ce supplement pool, compliance dete rmination 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 th e regulation. NO x 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, othe rwise know as the control period. The NO x 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 NO x 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 lea st 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 (SO 2 ) and nitrogen oxides (NO x ) across the eastern portion of the United States and help states an d localities attain the eight-hour ozone and fine particles (PM 2.5

) standards. In essence, this program was intended to replace the seasonal NOx SIP Call program as well as create an annual trading program for NO x and SO 2 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 th e absence of th e EPA regulation, § 10.1-1328 of the Code of Virg inia 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 CA IR regulation cannot be implemented.

The NO x SIP Call program is still in effect and can be used to help the Commonwealth meet its obligation to reduce the transport of upwind NO x emissions to downwind states. In reviewing the NO x SIP Call regulation it was determined that regulatory language inadvertently ended the state budget in 2008. To rectify this oversight, NO x Trading Budgets for both EGU and non-EGU sources have been extended beyond 2008; however, the size of the NO x Trading Budgets remain unchanged.

Article 10 State Trading Program Budget and Compliance Supplement Pool

9VAC5-140-900. State tr ading program budget.

For use in each control period for the years 2004 through 2008 year 2004 and each year thereafter , the total number of NO x tons apportioned to all NO x Budget units is the sum of the NO x 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 NO x tons apportioned to all NO x Budget units under 9VAC5-140-40 A 1 is the number of NO x 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 NO x tons apportioned to all NO x 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 NO x tons apportioned to all NO x 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 NO x tons apportioned to all NO x 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