Douglas W. Domenech Secretary of Natural Resources 

# COMMONWEALTH of VIRGINIA

DEPARTMENT OF ENVIRONMENTAL QUALITY
Street address: 629 East Main Street, Richmond, Virginia 23219

Mailing address: P.O. Box 1105, Richmond, Virginia 23218 Fax (804) 698-4500 TDD (804) 698-4021

www .deq.virginia.gov



## HAR 09 2fJ1i

Ms. Diana Esher, Director Air Protection Division (3APOO) U.S. Environmental Protection Agency, Region III 1650 Arch Street Philadelphia, Pennsylvania 19103-2029 David K. Paylor Director

(804) 698-4020 1-800-592-5482

Reference: § 110(a)(2) Infrastructure Requirements for Lead (Revision GS)

Dear Ms. Esher:

Pursuant to the requirements of§ 11 0 of the Clean Air Act, we are officially requesting approval of a revision to the Commonwealth of Virginia State Implementation Plan (SIP) approved under the authority of § 1 0.1-1185 of the Virginia Air Pollution Control Law and submitted in accordance with the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal oflmplementation Plans).

This revision consists of a demonstration that the Commonwealth has met the infrastructure requirements of§ 11 O(a)(2) of the federal Clean Air Act for the 2008 national ambient air quality standard for lead (Pb).

Enclosed are the following:

1. § 110(a)(2) lead infrastructure demonstration.

2. Certification of public participation activities.3. Public participation record.

4. An electronic copy (CD) of the complete submittal. This electronic copy is an exact duplicate of the hard copy.

If you have any questions or need additional information, please let us know.

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TEMPLA**TES\SIP~PLA};'\PLNOO** SIP\ASSESS11EN1\GS-SIP .DOC

Enclosures 11 

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I ) ' (/ David K. Pay lorENCLOSURE 1

COMMONWEALTH OF VIRGINIA

§ 110(a)(2) REQUIREMENTS IN THE VIRGINIA STATE IMPLEMENTATION PLAN FOR THE 2008 Pb NAAQS
A State Implementation Plan (SIP) is a plan for each state that identifies how that state will attain and maintain the primary and secondary National Ambient Air Quality Standards (NAAQS). The SIP contains regulations, source

- specific requirements, non

re gulatory items such as plans and inventories, and other types of submittals designed to satisfy requirements promulgated by the U.S. Environmental Protection Agency (EPA). The initial SIPs for states were approved on May 31, 1972. SIPs may be revised by the state with EPA approval. The federally enforceable SIP for the Commonwealth of Virginia is compiled in Subpart VV of 40 CFR Part 52.

Section 110(a) of the federal Clean Air Act (CAA) requires that each SIP provide for the implementation, maintenance, and enforcement of the NAAQS. This section also requires that within three years of the promulgation of a NAAQS, a state must adopt and submit such a plan to EPA. These infrastructure SIPs provide assurances of state resources and authorities . W here ne cessary , the infrastructure SIPs establish the basic state programs to implement, maintain, and enforce new or revised standards. Often, these SIPs simply reaffirm that the appropriate framework exists for any new NAAQS. The requirements of § 110(a)(2) o f the federal CAA relevant to the 200 8 l ead (Pb) NAAQS are already cont ained in Virginia’s current SIP

, have been submitted to EPA , or are contained herein.
EPA revised the primary and secondary Pb NAAQS from 1.5 micrograms per cubic meter (μg/m 3 ) to 0.15 μg/m 3 on October 15, 2008 ( 73 FR 66964 ). The CAA requires EPA to complete the initial designation process within two years of promulgating an new or revised NAAQS. If the Administrator has insufficient information to make these designations, EP A has the authority to extend the designation process by up to one year. Virginia submitted a designation recommen d ation letter to EPA on October 15, 2009, in which Virgin i a recommended a designation of unclassifiable for the entire Commonwealth. EPA cho se to extend the deadline for all of Virginia, as well as other areas of the country that were not in violation of the previous 1.5 μg/m 3 standard, in order to gather data from newly deployed monitors. These final designations were published in on Novembe r 22, 2011, and the entire Commonwealth of Virginia was designated unclassifiable/attainment (76 FR 72097).
Virginia has based this submittal on EPA’s guidance document entitled, “ Guidance on Infrastructure State Implementation Plan (SIP) Elements Requi red Under Sections 110(a)(1) and 110(a)(2) for the 2008 Lead (Pb) National Ambient Air Quality Standards (NAAQS)” as w ell as direction received from EPA Region III

. The following describes each specific EPA requirement and how each requirement is being me t by the Commonwealth.2 **Section 110(a)(2)(A):** “Each such plan shall include enforceable emission limitations and other control measures, means, or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights) , as well as schedules and timetable s for compliance, as may be necessary or appropriate to meet the applicable requirements of this Act;”
Virginia’s enforceable emission limitations and other control measures are those provisions of the following chapte rs that have been approved in Virginia’s SIP in 40 CFR 52.2420(c).

 9VAC5 Chapter 40 (Existing Stationary Sources),

 9VAC5 Chapter 50 (New and Modified Stationary Sources)

,

 9VAC5 Chapter 91 ( Motor Vehicle Inspection and Maintenance Program for Northern Virginia )

,

 9VAC5 Chapter 130 (Open Burning) , and

 9VAC5 Chapter 140 (Emissions Trading)
Virginia’s SIP conforms to EPA’s policy on startup, shutdown, and malfunction (SSM) events, variance provisions

, and director’s discretion, as listed in the Septembe r 20, 1999 memorandum entitled, “State Implementation Plans: Policy Regarding Excess Emissions During Malfunctions, Startup, and Shutdown.” The following chapters include SSM provisions and have been approved in Virginia’s SIP at 40 CFR 52.2420(c).

 9 VA C 5

- 20

- 180 (General Provisions

- Facility and Control Equipment Maintenance or Malfunction)

 9 VAC 5

- 40

- 20 (Existing Stationary Sources

- Compliance)

 9 VAC 5

- 50

- 20 (New and Modified Stationary Sources

- Compliance)

**Section 110(a)(2)(B):** “Each such plan shall p rovide for establishment and operation of appropriate devices, methods, systems, and procedures necessary to

– (i) monitor, compile, and analyze d a ta on ambient air quality, and (ii) upon request, make such data available to the Administrator;”

Virginia m aintains and operates a Pb monitoring network to measure ambient concentrations within the Commonwealth for comparison to the NAAQS

. This

n etwork meets the requirements listed in “Revisions to Lead Ambient Air Monitoring Requirements” (75 FR 81126). Installation of the final required monitor, and the commencement of monitoring activities at that site, began in October of 2010. All data are measured using EPA approved methods as either

r eference or e quivalent monitors ; all monitors are subject to the quality assurance requirements of 40 CFR Part 58 ; and all samplers are located at sites that have met the minimum siting requirements of Part 58. The data are submitted to EPA’s Air Quality System (AQS) in accordance with the schedule prescribed by 40 CF R Part 58.3 In order to keep EPA informed of changes to the sampling network, Virginia provides EPA Region III with prior notification of any planned changes to the network. As needed, details of these changes and anticipated approvals of the changes are communicated to EPA. On an annual basis, Virginia sends EPA a summary of all the changes to the network. This summary provides a description of each change, the reason for each change, and any other information relevant to the change.

Section 10.1

- 1306 of the Code of Virginia, Inspections, investigations, e t c

. , states:
The Board shall make, or cause to be made, such investigations and inspections and do such other things as are reasonably necessary to carry out the provisions of this chapter, within the limits of the appropriations, study grants, funds, or personnel which are available for the purposes of this chapter, including the achievement and maintenance of such levels of air quality as will protect human health, welfare and safety and to the great est degree practicable prevent injury to plant and animal life and property ...
This section of the Code of Virginia supports the development and maintenance of an adequate monitoring network to ensure the achievement and maintenance of healthy levels of ai r quality.

**Section 110(a)(2)(C):** “ Each such plan shall include a program to provide for the enforcement of the measures described in paragraph (A), and regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved, includ ing a permit program as required in parts C and D; ”

Enforcement provisions and permit provisions are found in those portio ns of Part V (Enforcement) of 9VAC 5 C hapter 170 (General Administration) and 9VAC 5 Chapter 80 (Permits for Stationary Sources) that are listed in 40 CFR 52.2420.
The applicability section for Chapter 170 notes that the provisions of Chapter 170 , unless specified otherwise, shall apply in the administration of all regulations of the board to the extent not covered in a specific regulation of the board. In cases where the provisions of this chapter conflict with another regulation of the board, the provisions of the other regulation shall appl y.
Construction and modification of stationary sources are covered under Articles 8 ( Prevention of Significant Deterioration

- PSD) and 9 (nonattainment) of Part II of 9VAC 5 Chapter 80 (Permits for Stationary Sources). Article 8 provides that4 construction and modification of major stationary sources will not cause or contribute to a violation of any NAAQS, including the 2008 Pb NAAQS (s ee 9VAC 5

- 80

- 1635
, Ambient Air Increments and 9VAC5

- 80

- 1645
, Ambient Air Ceilings). This regulation also requires the appli cation of Best Available Control Technology to new or modified sources of Pb emissions (s ee 9VAC 5

- 80

- 1705
, Control Technology Review). Virginia submitted final revisions for the New Source Review program to EPA on August 25, 2011. Virginia has a minor ne w source review permitting program under Arti c le 6 of Part II of 9VAC 5 Chapter 80. Virginia’s PSD program applies to greenhouse gases (GHG ) through 9VAC5 Chapter 85

, Permits for Stationary Sources of Pollutants Subject to Regulation (Greenhouse Gas Tailor ing)

, which implements EPA’s Tailoring Rule. Other aspects for enforcement are found in the source monitoring, source testing and test methods, and recordkeeping and reporting provisions of 9VAC5 Chapters 40, 50, and 140 that are listed in 40 CFR 52.2420.

**Section 110(a)(2)(D)(i)(I):** “Each such plan shall contain adequate provisions prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the State from emitting any air pollution in amounts which wi ll (I) contribute significantly to nonattainment in, or interfere with maintenance by, any other State with respect to any such national primary or secondary ambient air quality standard...”
EPA’s 2008 Pb NAAQS infrastructure guidance notes that an assessment of Pb sources and locations may satisfy this requirement of § 110(a)(2)(D). T hree facilities located in Virginia have actual emissions of more than 0.5 tons per year (tpy) of Pb. The ma p below provides the location of each facility and a two mile radius boundary for each facility , denoted by a red circle . The map clearly demonstrates that these facilities are more than two miles from any state border. Therefore, these facilities will not contribute to nonattainment in another state.

**Figure 1: Map of Virginia with Locations of Pb Emitting Facilities**5 **Section 110(a)(2)(D)(i)(II):** “ Each such plan shall contain adequate provision s prohibiting, consistent with the provisions of this title, any source or other type of emissions activity within the State from emitting any air pollution in amounts which will interfere with measures required to be included in the applicable i mplementation plan for any other State under Part C to prevent significant deterioration of air quality or to protect visibility ”
Major stationary sources for Pb in Virginia are currently subject to nonattainment and PSD NSR permitting programs. These pr ovisions to implement Part C may be found in Article 8 of 9VAC 5 Chapter 80 and in 9VAC5 Chapter 85

.
S ignificant impacts of Pb from stationary sources are expected to be confined to areas near the emitting facility. Most, if not all, Pb stationary sources are located at distances from Class I areas such that visibility impacts would be negligible. Pb generally comprises a small fraction of course and fine particles so that Pb

related visibility impacts are insignificant. An EPA memorandum dated November 7, 2011, and entitled, “The Estimated Contribution of Ambient Lead (Pb) to Class I Area Visibility Impairment” concludes that the Pb

- related visibility effects are insignificant in Class I areas as compared to those effects associated with sulfate, nitrate , and carbon particulate matter. Also, b y letter dated October 4, 2010, Virginia submitted a Regional Haze SIP r evision to meet the regulatory requirements of 40 CFR Part 51 Subpart P and statutory requirements set forth at CAA §§ 169A and 169B. This Reg ional Haze SIP r evision s atisf ies Virginia's obligations regarding § 110(a)(2)(D)(II)

. Note that EPA has entered into a consent decree in which EPA commits to approving Virginia's regional haze plan by May 15, 2012.

**Section 110(a)(2)(D)(ii):** “ Each such plan shall contain adequate provisions insuring compliance with the applicable requirements of §§ 126 and 115 (relating to interstate and international pollution abatement) ”
Section 126(a) directs each SIP to include provisions requiring a new or modifie d source to notify neighboring state of potential impacts from that source. Major stationary sources of Pb in Virginia are currently subject to PSD NSR permitting programs. These provisions to implement Part C may be found in Article 8 of 9VAC5 Chapter 8 0 and in 9VAC5 Chapter 85 , which ha ve been approved in Virginia’s SIP in 40 CFR 52.2420(c). 9 VAC5

- 80

- 1775 specifically requires notification to local air pollution control agencies and any state whose lands may be affected by emissions from the source or modification. Virginia is not subject to any pending actions or petitions regarding Pb under §§ 115, 126(b), or 126(c).

**Section 110(a)(2)(E)(i):** “ Each such plan shall provide necessary assurances that the State (or, except where the Administrator deems inappropriate, the general purpose6 local government or governments, or a regional agency designated by the State or general purpose local governments for such purpose) will have adequate personnel, funding, and authority under State (and, as appropriate, local) law to carry out such implementation plan (and is not prohibited by any provision of Federal or State Law from carrying out such implementation plan or portion thereof). ”
Code of Virginia

, Title 10.1
, Chapter 13, Air Pollution Control Board

, gives broad authority to develop, implement, and enforce the implementation plan. Section 10.1

- 1308 provides the board adequate legal authority to adopt emission standards and compliance schedules applicable to regulated entities. This section provides authority to adopt emission standards, limitations, and any other measures necessary for attainment and maintenance of n ational standards. Sections 10.1

- 1307, 10.1

- 1307.3, 10.1

- 1309, 10.1

- 1316, 10.1

- 1320, and 10.1

- 1322 provide the board adequate legal authority to enforce applicable laws, regulations standards, and compliance schedules. The provisions also allow for injun ctive re lief. In addition, § 10.1

- 1186. 10 provides the department legal authority to enforce applicable laws, regulations, standards, and compliance schedules.

The resources to carry out the implementation plan are provided through general funds, Title V funds, and the §§ 103 and 105 grant process. Title V fees are collected under the authority of § 10.1

- 1322.
Virginia has adequate personnel to carry out the SIP with respect to Pb requirements. Should EPA determine that Virginia lacks adequate personne l to carry out the SIP, EPA may issue a finding with respect to that deficiency. Virginia would then have a legal obligation to correct that deficiency.

**Section 110(a)(2)(E)(ii):** “ Each such plan shall provide requirements such that the State comply wit h the requirements respecting State boards under § 128. ”
The board has the authority to approve regulations, enforcement actions, and permits. Section 10.1

- 1302 is as stringent as § 128(a)(1) of the Clean Air Act and ensures that at least a majority o f t he members of the board represent the public interest and do not d erive any significant portion of their income from persons subject to permits or enforcement orders of the board as required by § 128(a)(1) of the Clean Air Act. In addition, the State or L ocal Government Conflict of Interests Act (§ 2.2

- 3100 et seq.) provides the means f or disclosure of p otential conflicts of interest as required by § 128(a)(2) of the Clean Air Act.

Section 110(a)(2)(E)(iii): “ Each such plan shall provide necessary assurances that, where the State has relied on a local or regional government, agency, or instrumentality7 for the implementation of any plan provision, the State has responsibility for ensuring adequate implementation of such plan provision ;”

9 VAC5 Chapter 130, “ Regulation for for Open Burning

, ” allows localities, after receiving approval from the State Air Pollution Control Board, to adopt the open burning requirements of the regulation (s ee Part II of 9VAC5

- 130, “Local O rdinances” ). For the m onitoring program and for this regulatory requirement, Virginia continues to provide the oversight necessary to ensure that data is collected and reported in accordance with current guidance ; that open burning regulations are appropriately implemented by l ocalities ; and that other assurances for adequate implementation exist . Other than monitoring requirements and open burning requirements, Virginia does not rely on localities to implement SIP provisions.

**Section 110(a)(2)(F)(i):** “ Each such plan shall r equire, as may be prescribed by the Administrator, the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources to monitor emissions from such sources ;”

These requirements are included in those provisions of 9VAC5 Chapters 20, 40 and 50 that are approved in the SIP under 40 CFR 52.2420

.

**Section 110(a)(2)(F)(ii):** “ Each such plan shall require, as may be prescribed by the Administrator, periodic reports on the nature and amounts of emissions and emissions

related data from such sources ;”

Requirements for periodic reports on the nature and amounts of emissions and emissions

- related data are included in 9VAC5

- 20

- 160 ( Registration ) of 9VAC5 Chapter 20 (General Provisions)

. Such data are also required by Part I of 9VAC5 Chapter 40 (Existing Stationary Sources) as well as Parts I and II of 9VAC5 Chapter 50 (New and Modified Stationary Sources)

. These SIP provisions are approved under 40 CFR 52.2420.

**Section 110(a)(2)(F)(iii):** “ Each such plan shall require, as may be prescribed by the Administrator, correlation of such reports by the State agency with any emission limitations or standards established pursuant to this Act, which repo rts shall be available at reasonabl e times for public inspection;”

The correlation of such reports is included in Part I of 9VAC5 Chapter 40 and Part II of 9VAC 5 Chapter 50. 9VAC5

- 170

- 60 (Availability of information) of Part II of 9VAC5 Chapter 170 (Regu lation for General Administration) requires that these reports be publicly available. These SIP provisions are approved under 40 CFR 52.2420.8 **Section 110(a)(2)(G):** “ Each such plan shall provide for authority comparable to that in § 303 and adequate contingency plans to implement such authority ;”

Section 10.1

- 1309 B under Code of Virginia

, Title 10.1, Chapter 1 3, Air Pollution Control Board

, authorize s the board to declare a state of emergency and issue without hearing an emergency special order directing the owner to cease such pollution immediately u pon finding that any owner is unreasonably affecting the public health, safety or welfare; the health of animal or plant life; or property

. Section 10.1

- 1309.1 authorize s the board to issue special orders requiring plans to abate, control, prevent, remove, or contain any substantial and imminent threat to public health or the environment that is reasonably likely to occur if such source ceases operations.

Virginia has appropriate gen eral emergency powers to address Pb related episodes, and no specific emergency episode plan is necessary at this time.

**Section 110(a)(2)(H)(i):** “ Each such plan shall provide for revision of such plan from time to time as may be necessary to take account of revisions of such national primary or secondary ambient air quality standard or the availability of improved or more expeditious met hods of attaining such standard;”
Virginia’s SIP is a compilation of regulations, plans, and submittals that act to imp rove and maintain ai r qua lit y at the national standards. The authority to develop or revise the SIP is based on the authority to adopt new regulation s , revise existing regulations, and conduct business in a m a nner to meet the NAAQS. Co d e of Virginia

, Title 10.1
, Cha p ter 13, Air Pollution Control Board

, gives broad authority to perform these functions. Specifically § 10.1

- 1 306 provides authority for the board to act reasonably to achiev e and maintain levels of air quality that will protect human healt h, welfare, and safety. Also

, § 10.1

- 1307 provides for the development of a comprehensive program for the study, abatement, and control of all sources of air pollution in the Commonwealth. Section 10.1

- 1308 provides authority to promulgate regulations to abate, control, and prohibit air pollution throughout the Commonwealth in accordance with the provisions of Virginia’s Administrative Process Act.

**Section 110(a)(2)(H)(ii):** “ Each such plan shall provide for revision of such plan except as provided in paragraph (3)(c), whenever the Administrator finds on the basis of information available to the Administrator that the plan is substantially inadequate to attain the national ambient air quality standard which it implements or to otherwise comply with any additional requirement s established under this Act;”9 As noted in the prior paragraph, § 10.1

- 1306 provides authority for the board to act reasonably to achieve and maintain levels of air quality that will protect human health, welfare, and safety. Virgi nia affirms that the state implementation plan may be revised should the Administrator find that the plan is substantially inadequate to attain a standard or to comply with any additional requirements under the Act.

**Section 110(a)(2)(J):** “ Each such plan shall meet the applicable requirements of section 121 (relating to consultation), section 127 (relating to public notification), and part C (relating to prevention of significant deterioration of air quality and visibility protection) ;”

Section 121: All SIP revisions undergo public notice and hearing, which provides for comment by the public and includ es local political subdivisions. Further, all regulations promulgated in Virginia are subject to the Administrative Process Act ( Code of Virginia

, Title 2.2
, Administration of Government , Chapter 40 )

. Regulations promulgated by the State Air Pollution Control Board are also governed by 9VAC5 Chapter 5, Public Participation Guidelines.
Therefore, the Commonwealth’s public participation requirements and procedures fulfill the requirements of the § 121 consultation process.

Section 127: Air quality data from Virginia’s monitoring n etwork is published on the Department of Environmental Quality website. As part of the § 105 grant process, Virginia is required to s ubmit monitoring data to the Air Quality System (AQS) in a timely manner. Virginia publishes a n annual summary of all monitoring data on the DEQ website, including monitoring locations, exceedances, and violations of standards.

Part C: A rticle 8
, Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas (9VAC5

- 80

- 1605 et seq.) of 9VAC5

- 80 (Permits for Stationary Sources) and 9VAC5

- 85 (Permits for Stationary Sources of Pollutants Subject to Regulation (Greenhouse Gas Tailoring) include procedures for the permitting of major stationary sources.

**Section 110(a)(2)(K)(i) and (ii):** “ Each such plan shall provide for (i) the performance of such air quality modeling as the Administr ator may prescribe for the purpose of predicting the effect on ambient air quality of any emission of any air pollutant for which the Administrator has established a national ambient air quality standard and (ii) the submission, upon request, of data relat ed to such air quality modeling to the Administrator ”

Article 8, Permits for Major Stationary Sources and Major Modifications Locating in Prevention of Significant Deterioration Areas (9VAC5

- 80

- 1605 et seq.) of10 9VAC5

- 80 (Permits for Stationary Sources) contains requirements for pre

construction and post

- c onstruction monitoring and modeling. Such data is routinely provided to EPA upon request. This regulation is included as part of the Virginia SIP as noted in 40 CFR 52.2420. Regional a ir quality mode ling inputs and results have been provid ed in numerous SIP submittals.

**Section 110(a)(2)(L) (i) and (ii)**  **:** “ Each such plan shall require the owner or operator of each major stationary source to pay to the permitting authority, as a condition of any permit required under this Act, a fee sufficient to cover (i) the reasonable costs of reviewing and acting upon any application for such a permit, and (ii) if the owner or operator receives a permit for such source, the reasonable costs of implementing and enfor cing the terms and conditions of any such permit (not including any court costs or other costs associated with any enforcement action), until such fee requirement is superseded with respect to such sources by the Administrator’s approval of a fee program u nder title V;”

These requirements are located in Article 2, Permit Program Fees for Stationary Sources (9VAC5

- 80

- 310 et seq.) of 9VAC5

- 80 (Permits for Stationary Sources). These regulations are part of Virginia’s federally approved Title V program and
ar e codified in Appendix A of 40 CFR Part 70, Approval Status of S t ate and Local Operating Permits Programs.

**Section 110(a)(2)(M):** “ Each such plan shall provide for consultation and participation by local political subdivisions affected by the plan;”

All SIP revisions undergo public notice and h e aring, providing for comment by the public that includes local political subdivisions. Additionally, the Code of Virginia under § 10.1

- 1307A requires advising, consulting, and cooperating with all agencies of the Commonwealth, political subdivisions, private industries, and any other affected groups when developing programs to improve or maintain air quality. Further, all regulation s in Virginia are subject to the Administrative Process Act ( Code of Virginia

, Title 2.2
, Administration of Government

, Chapter 40 )

. Regulations promulgated by the State Air Pollution Control Board are also governed by 9VAC5 Chapter 5, Public Participati on Guidelines. T he Commonwealth’s public participation requirements and procedures fulfill the requirements for consultation with local political subdivisions affected by the SIP.

SIP \ ASSESSMENT \ G S

- SIP

- 1

- F INENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity to submit written comment s concerning a proposed revision to the Commonwealth of Virginia State Implement ation Plan was held from January 3 0 to February 2 9 , 201 2

. 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 Virginia Register , along with the location of the proposal for public inspec tion, on January 3 0 , 2012 . 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.
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 . Th ese notifications follow the requirements of 40 CFR Part 51.102(d)(3), (4) and (5).

TEMPLATES \ SIP

- REG \ REG02

- PH SIP ASSESSMENT \ G S

- SIP

- 2.DOC

## GENERAL**NOTICES/ERRA~I** 

## A

AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision

- § 110(a)(2) Infrastructure for Lead

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed plan to assure necessary authorities are contained in the state implementation plan (SIP) to allow areas to attain and maintain the national ambient air quality standard for lead. The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia SIP in accordance with the requirements of§ 110(a) of the federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.
Purpose of notice: DEQ is seeking comment on the issue of whether the plan demonstrates the Commonwealth's compliance with federal Clean Air Act requirements related
to general state plan infrastructure for controlling emissions of lead.

Public comment period: January 30
, 2012, to February 29
, 2012.

Public hearing: A public hearing will be conducted if a request is made in writing to the contact listed below

. In order
to be considered
, the request must include the full name and address of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice
, and another 30

- day
comment period will be conducted

. Description of proposal: The proposed revision will consist of

a demonstration of compliance with the general requirements of§ 11 O(a)(2) of the federal Clean Air Act for the lead (Pb) national ambient air quality standard (NAAQS).

Federal information: This notice is being given to satisfy the public participation requirements of federal regu lations ( 40 CFR 51.102)

. The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51

. 104. It is planned to submit all provisions of the proposal as a revision
to the Commonwealth of Virginia SIP.

How to comment: DEQ accepts written comments by email, fax
, and postal mail. In order to be considered
, comments must include the full name , address, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. All information received is part of the public record

. To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website (http: //www

. deq. virginia. gov / air / permitting / planotes.html). The documents may also be obtained by contacting the DEQ representative named below. The public
may review the documents between 8:30a.m. and 4:30p.m. of each business day until the close of the public comment period at the following DEQ locations:
1) DEQ Main Street Office
, 629 East Main Street
, 8th Floor
, Richmond
, VA
, telephone (804) 698-4070,
2) Southwest Regional Office
, 355 Deadmore Street, Abingdon, VA, telephone (540) 676-4800,
3) Blue Ridge Regional Office
, Roanoke Location, 3019 Peters Creek Road
, Roanoke
, VA
, telephone (540) 562- 6700,
4) Blue Ridge Regional Office, Lynchburg Location
, 7705 Timberlake Road
, Lynchburg
, VA
, telephone (804) 582- 5120, 5) Valley Regional Office
, 4411 Early Road
, Harrisonburg
, VA, telephone (540) 574-7800,
6) Piedmont Regional Office
, 4949-A Cox Road, Glen Allen, VA
, telephone (804) 527-5020,
7) Northern Regional Office, 13901 Crown Court, Woodbridge
, VA
, telephone (703) 583-3800, and
8) Tidewater Regional Office, 5636 Southern Blvd
., Virginia Beach, VA, telephone (757) 518 -2 000.

Contact Information: Doris A. McLeod, Department of Environmental Quality, 6 2 9 East Main Street
, P

. O

. Box 1105, Richmond
, VA 23218, telephone (804) 698-4197, FAX (804) 698-4510.

Volume 28, Issue 11 Virginia Register of Regulations January 30, 2012
994ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

As required by 40 CFR 51.102(e), the complete record of the hearing, along with a list of witnesses and the text of the written presentations or summary of the oral presentations, is located at the Air Division of the Department of Environmental Quality. The d epartment contact to access this information is the Director, Air Division

. The state did not receive testimony on this particular revision.

TEMPLATES \ SIP

- PLAN \ PLN03 SIP \ ASSESSMENT \ G S

- SIP

- 3.DOC