Douglas W. Domenech 

Secretary ofNatural 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 

TDD (804) 698-4021 

www .deq. virginia.gov 

DEC 12 Z01Z 

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: § 111(d)/129 Plan for Sewage 

Sludge Incinerators 

Dear Ms. Esher: 

Pursuant to the requirements of§§ 111 (d) and 129 of the federal Clean Air Act, we are 

officially requesting approval of a Section 111 ( d)/129 Plan developed under the authority of§ 

10.1-1307.2 A of the Virginia Air Pollution Control Law and submitted in accordance with the 

requirements of 40 CFR Part 60, Subpart B (Adoption and Submittal of State Plans for 

Designated Facilities). 

This plan consists of (i) emission limitations and other regulatory requirements; (ii) an 

inventory of emissions from the affected facilities; and (iii) other supporting documentation. 

Enclosed are the following: 

1. § 111(d)/129 plan. 

2. Certification of public participation activities. 

3. Record of hearing and summary of public comment. 
4. An electronic copy (CD) of the complete submittal. This electronic copy is an exact 

duplicate of the hard copy. 

For purposes of this submittal, certain provisions are being included for information 

purposes only and are not to be construed as part of the Commonwealth of Virginia § Ill ( d)/129 

Plan; these provisions are specifically identified in Enclosure 1 of this submittal. 

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

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ENCLOSURE 1-1

ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

§ 111(D)/129 PLAN FOR

SEWAGE SLUDGE INCINERATORS

PREAMBLE

BACKGROUND

Designated pollutants are pollutants which are not included on a list published under § 

108(a) of the federal Clean Air Act (National Ambient Air Quality Standards) or § 112(d) 

(hazardous air pollutants), but for which standards of performance for new sources have 

been established under § 111(b) (new source performance standards).

A designated facility is an existing facility which emits a designated pollutant and which 

would be subject to a standard of performance for that pollutant if the facility were new. 

The Clean Air Act requires the U.S. Environmental Protection Agency (EPA) to establish 

procedures by which states submit plans to control facilities that emit designated 

pollutants. These procedures were established in 1975 for adoption and submittal of 

state plans for control of designated pollutants from designated facilities (Subpart B of 40 

CFR Part 60).

Section 129 requires that EPA establish performance standards and other requirements 

pursuant to § 111 and § 129 for each category of solid waste incineration units. Such 

standards include emissions limitations and other requirements applicable to new units 

and guidelines (under §§ 111(d) and 129) and other requirements applicable to existing 

units. It also requires states to submit plans for these sources in a process similar to that 

delineated in § 111(d).

Subpart B provides that EPA publish guideline documents for development of state 

emission standards after promulgation of any standard of performance for designated 

pollutants. The documents must specify emission guidelines, times for compliance and 

include other pertinent information such as a discussion of the pollutant's effects on public 

health and welfare, and a description of control techniques including effectiveness and 

costs. The emission guidelines reflect the degree of emission reduction attainable with 

the best adequately demonstrated systems of emission reduction, considering costs, 

applied to existing facilities.

EPA has established recommended emission limits for sewage sludge incinerators

(SSIs). The limits were published in the Federal Register of March 21, 2011 (76 FR 

15372).

The provisions for adoption and submittal of state plans for designated pollutants are 

patterned after § 110 of the Clean Air Act: twelve months for states to develop and submit 

plans once final EPA guidelines have been published; four months for EPA approval or 

disapproval; and if disapproved, EPA will promulgate a new plan within six months.
ENCLOSURE 1-2

DISCUSSION

Under EPA guidelines, the § 111(d)/129 plan must define legal authority and establish 

emission standards and compliance schedules, as well as contain an emission inventory 

of polluting facilities and establish methods for conducting source surveillance. Virginia's 

§ 111(d)/129 plan for SSIs is included as Part 1. EPA's specific plan requirements as 

found in 40 CFR 60.5015 (see Part 2 of the plan) and Virginia's corresponding plan are 

summarized in the following table. 

EPA REQUIREMENT VIRGINIA PLAN

A. 40 CFR 60.5015(a)(1): Inventory of affected SSI units, 

including those that have ceased operation but have not been 

dismantled.

Part 1, Attachment B.

B. 40 CFR 60.5015(a)(2): Inventory of emissions from 

affected SSI units in your State.

Part 1, Attachment B.

C. 40 CFR 60.5015(a)(3): Compliance schedules for each 

affected SSI unit.

Rule 4-55, 9 VAC 5-40-8280 (Part 1, Attachment A).

D. 40 CFR 60.5015(a)(4): Emission limits, emission 

standards, operator training and qualification requirements, 

and operating limits for affected SSI units that are at least as 

protective as the emission guidelines contained in this 

subpart.

Rule 4-55, 9 VAC 5-40-8200 et seq. (Part 1, Attachment A).

E. 40 CFR 60.5015(a)(5): Performance testing, 

recordkeeping, and reporting requirements. Rule 4-55, 9 VAC 5-40-8200 et seq. (Part 1, Attachment A).

F. 40 CFR 60.5015(a)(6): Certification that the hearing on the

state plan was held, a list of witnesses and their 

organizational affiliations, if any, appearing at the hearing, and 

a brief written summary of each presentation or written 

submission.

Enclosures 2 and 3.

G. 40 CFR 60.5015(a)(7): Provision for State progress 

reports to EPA.

Part 1.

H. 40 CFR 60.5015(a)(8): Identification of enforceable state 

mechanisms that you selected for implementing the emission 

guidelines of this subpart.

9VAC5 Chapters 10, 20, 40, and 170 (Part 1).

I. 40 CFR 60.5015(a)(9): Demonstration of your state's legal 

authority to carry out the §§ 111(d) and 129 state plan. Air Pollution Control Law of Virginia (Part 1); Attorney General 

certification (Part 1).

J. Discretionary authority. Part 1.

SIP\111-D\SSI\PLN1-FIN.doc
PART 1-1

PART 1

COMMONWEALTH OF VIRGINIA

§ 111(D)/129 PLAN

FOR SEWAGE SLUDGE INCINERATORS

DEFINITIONS

The following definitions are part of the Commonwealth's plan:

"Alternative 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 Administrator's satisfaction to, in specific cases, produce results 

adequate for the Administrator's determination of compliance.

"Compliance schedule" means a legally enforceable schedule specifying a date 

or dates by which a source or category of sources must comply with specific emission 

standards contained in a plan or with any increments of progress to achieve such 

compliance.

"Designated pollutant" means any air pollutant, emissions of which are subject to 

a standard of performance for new stationary sources but for which air quality criteria 

have not been issued, and which is not included on a list published under § 108(a) or § 

112(b)(1)(A) of the Clean Air Act.

"Designated facility" means any existing facility (see 40 CFR 60.2(aa)) which 

emits a designated pollutant and which would be subject to a standard of performance 

for that pollutant if the existing facility were an affected facility (see 40 CFR 60.2(e)).

"Emission guideline" means a guideline set forth in 40 CFR subpart C, or in a 

final guideline document published under 40 CFR 60.22(a), which reflects the degree of 

emission reduction achievable through the application of the best system of emission 

reduction which (taking into account the cost of such reduction) the Administrator has 

determined has been adequately demonstrated for designated facilities.

"Emission standard" means a legally enforceable regulation setting forth an 

allowable rate of emissions into the atmosphere, or prescribing equipment 

specifications for control of air pollution emissions.

"Equivalent method" means any method of sampling and analyzing for an air 

pollutant which has been demonstrated to the Administrator's satisfaction to have a 

consistent and quantitatively known relationship to the reference method, under 

specified conditions.

"Increments of progress" means steps to achieve compliance which must be 

taken by an owner or operator of a designated facility, including: (1) Submittal of a final 

control plan for the designated facility to the appropriate air pollution control agency; (2) 
PART 1-2

Awarding of contracts for emission control systems or for process modifications, or 

issuance of orders for the purchase of component parts to accomplish emission control 

or process modification; (3) Initiation of on-site construction or installation of emission 

control equipment or process change; (4) Completion of on-site construction or 

installation of emission control equipment or process change; and (5) Final compliance.

"Intermediate change to a reference method" means a within-method 

modification to a reference method involving "proven technology" (generally accepted 

by the scientific community as equivalent or better) that is applied on a site-specific 

basis and that may have the potential to decrease the stringency of the associated 

emission limitation or standard. Intermediate changes are not approvable if they 

decrease the stringency of the standard. Though site-specific, an intermediate change 

may set a national precedent for a source category and may ultimately result in a 

revision to the reference method. In order to be approved, an intermediate change 

must be validated to demonstrate that it provides equal or improved accuracy and 

precision. Examples of intermediate changes to a reference method include, but are 

not limited to: (1) modifications to a reference method's sampling procedure including 

substitution of sampling equipment that has been demonstrated for a particular sample 

matrix and the use of a different impinger absorbing solution; (2) changes in sample 

recovery procedures and analytical techniques, such as changes to sample holding 

times and use of a different analytical finish with proven capability for the analyte of 

interest; and (3) "combining" a reference method with another proven method for 

application to processes emitting multiple pollutants.

“Intermediate change to monitoring” means a modification to federally required 

monitoring involving "proven technology" (generally accepted by the scientific 

community as equivalent or better) that is applied on a site-specific basis and that may 

have the potential to decrease the stringency of the compliance and enforcement 

measures for the relevant standard. Though site-specific, an intermediate decrease 

may set a national precedent for a source category and may ultimately result in a 

revision to the federally required monitoring. Examples of intermediate changes to 

monitoring include, but are not limited to: (1) use of a continuous emission monitoring 

system (CEMS) in lieu of a parameter monitoring approach; (2) changes to quality 

control requirements for parameter monitoring; and (3) use of an electronic data 

reduction system in lieu of manual data reduction. 

"Major change to a reference method" means a modification to a federally 

enforceable reference method that uses unproven technology or procedures or is an 

entirely new method (sometimes necessary when the required reference method is 

unsuitable). A major change to a reference method may be site-specific or may apply 

to one or more source categories and will usually set a national precedent. Examples 

of major changes to a reference method include, but are not limited to: (1) use of an 

unproven analytical finish; (2) use of a method developed to fill a reference method 

gap; (3) use of a new reference method developed to apply to a control technology not 

contemplated in the applicable regulation; and (4) "combining" two or more 

sampling/analytical methods (at least one unproven) into one for application to 
PART 1-3

processes.

"Major change to monitoring" means a modification to federally required 

monitoring that uses unproven technology or procedures or is an entirely new method 

(sometimes necessary when the required monitoring is unsuitable). A major change to 

a test method may be site-specific or may apply to one or more source categories and 

will usually set a national precedent. Examples of major changes to test method 

include, but are not limited to: (1) use of a new monitoring approach developed to apply 

to a control technology not contemplated in the applicable regulation; (2) use of a 

predictive emission monitoring system (PEMS) in place of a required continuous 

emission monitoring system (CEMS); (3) use of alternative calibration procedures that 

do not involve calibration gases or test cells; (4) use of an analytical technology that 

differs from that specified by a performance specification; and (5) use of alternative 

averaging times for reporting purposes.

"Minor change to a reference method" means a modification to a reference 

method that (1) does not decrease the stringency of the emission limitation or standard; 

(2) has no national significance (e.g., does not affect implementation of the applicable 

regulation for other affected facilities, does not set a national precedent, and individually 

does not result in a revision to the reference method); and (3) is site-specific, made to 

reflect or accommodate the operational characteristics, physical constraints, or safety 

concerns of the affected facility. Examples of minor changes to a reference method 

include use of a modified sampling traverse or location to avoid interference from an 

obstruction in the stack, increasing the sampling time or volume, use of additional 

impingers for a high moisture situation, accepting the particulate emission test results 

for a test run that was conducted with lower than specified temperature, substitution of 

a material in a sampling train that has been demonstrated to be more inert for the 

sample matrix, and changes in recovery and analytical techniques such as a change in 

quality control/quality assurance requirements needed to adjust for analysis of a certain 

sample matrix.

"Minor change to monitoring" means a modification to federally required 

monitoring that (a) does not decrease the stringency of the compliance and 

enforcement measures for the relevant standard; (b) has no national significance (that 

is, does not affect implementation of the applicable regulation for other affected 

sources, does not set a national precedent, and individually does not result in a revision 

to the monitoring requirements); and (c) is site-specific, made to reflect or 

accommodate the operational characteristics, physical constraints, or safety concerns 

of an affected source. Examples of minor changes to monitoring include, but are not 

limited to: (1) modifications to a sampling procedure, such as use of an improved 

sample conditioning system to reduce maintenance requirements; (2) increased 

monitoring frequency; and (3) modification of the environmental shelter to moderate 

temperature fluctuation and thus protect the analytical instrumentation.

"Plan" means a plan under § 111(d) or § 129 of the Clean Air Act which 

establishes emission standards for designated pollutants from designated facilities and 
PART 1-4

provides for the implementation and enforcement of the reference methods and 

emission standards.

PLAN PROVISIONS

A. Source Inventory

As required by 40 CFR 60.25(a) and 40 CFR 60.5015(a)(1), the plan includes an

inventory of affected SSI units, including those that have ceased operation but have not 

been dismantled This source inventory is included as Attachment B.

B. Emissions Inventory

As required by 40 CFR 60.25(a) and 40 CFR 60.5015(a)(2), emissions data for the 

designated pollutants has been collected for all affected SSIs. This information is 

included as Attachment B.

C. Compliance Schedule

As required by 40 CFR 60.21 and 40 CFR 60.5015(a)(3), the plan contains a 

compliance schedule, including increments of progress. The compliance schedule 

found in 9VAC5-40-8280 meets the requirements of 40 CFR Subpart MMMM; see 

Attachment A.

D. Emission Limits, Emission Standards, Operator Training, and Operating Limits

As required by 40 CFR 60.24(c) and 40 CFR 60.5015(a)(4), the plan includes emission 

limits, emission standards, operator training and qualification requirements, and 

operating limits that will be used to implement and enforce the plan. These standards 

are at least as protective as those found in 40 CFR Subpart MMMM, and are located in 

Attachment A.

E. Testing, Recordkeeping and Reporting

As required by 40 CFR 60.24(b)2 and 40 CFR 60.5015(a)(5), the plan contains testing, 

recordkeeping, and reporting requirements that will be used to monitor source 

compliance. These requirements are identical to those found in 40 CFR Subpart 

MMMM, and are located in Attachment A.

As required by 40 CFR 60.25b, the plan contains provisions for the board to conduct 

source surveillance, compliance assurance, and enforcement activities. General state 

requirements covering testing, monitoring, recordkeeping, and reporting are found in 

Part I of 9VAC5 Chapter 40, which was provided to EPA in a separate submittal dated 

August 11, 20031

 

1 Although these requirements have been modified since this date, none of the changes have any practical effect on this submittal 

or any direct impact on the Commonwealth's ability to implement its § 111(d)/129 program, and there is no need to re-submit them.

, and which is cross-referenced as appropriate in the corresponding 
PART 1-5

portions of the state SSI regulation.

Provisions to require emissions data on a periodic basis are found in 9VAC5-20-160. 

Provisions concerning the availability of information are found in 9VAC5-170-60. These 

provisions were provided to EPA in a separate submittal dated August 11, 2003.

Testing will be performed in accordance with the applicable reference methods. 

Alternatives and changes to the reference methods may be used in accordance with 

the authority outlined in subsection J below.

F. Certification of Hearing

As required by 40 CFR 60.23 and 40 CFR 60.5015(a)(6), the plan contains certification 

that the hearing on the plan was held, a list of attendees and their organizational 

affiliations, if any, appearing at the hearing, and a brief written summary of each 

presentation or written submission. The public hearing materials may be found in 

Enclosures 2 and 3 of the plan.

G. Annual Progress Reports

The Commonwealth commits to providing EPA with annual progress reports as required 

by 40 CFR 60.25(e) and (f), and 40 CFR 60.5015(a)(7). As required by 40 CFR 

60.25(f)(1) through 40 CFR 60.25(f)(6), each progress report will include: enforcement 

actions, achievement of increments of progress, identification of sources that have 

ceased operation, emission inventory information for sources that were not in operation 

at the time of plan development, updated emission inventory and compliance 

information, and copies of technical reports on all emission testing, including concurrent 

process data.

H. Enforceable State Mechanisms

The primary enforceable state mechanisms adopted by the board for implementing the 

emission guidelines are set forth in the primary implementing regulation, Article 55

(9VAC5-40-8200 et seq.) of 9VAC5-40 (Existing Stationary Sources). A list of the 

specific provisions of this regulation that apply to the plan, as well as the regulation 

itself, are provided in Attachment A.

As required by 40 CFR 60.26(a), the enforceable general state mechanisms adopted by 

the board for implementing the specific emission guidelines are set forth in the State Air 

Pollution Control Board's Regulations for the Control and Abatement of Air Pollution 

and in the Regulation for General Administration. These regulations are intended to 

serve the air regulatory program as a whole, and are used to implement a number of 

plans and programs, including each individual regulation governing each particular 

emission guideline. A list of the specific provisions of the general regulations that apply 

to the plan as well as a copy of the regulations was provided to EPA in a separate 

submittal dated August 11, 2003.
PART 1-6

I. Legal Authority

As required by 40 CFR 60.26 and 60.5015(a)(9), the State Air Pollution Control Board 

has the legal authority to implement the § 111(d)/129 Plan for sewage sludge

incinerators.

The basic legal authority for the State Air Pollution Control Board to carry out its 

responsibilities is provided in the Air Pollution Control Law of Virginia (Title 10.1, 

Chapter 13, of the Code of Virginia). A copy of the law was provided to EPA in a 

separate submittal dated August 11, 2003. The Attorney General has certified that the 

board has the legal authority to carry out the requirements of 40 CFR 60.26(a). This 

certification was provided to EPA in a separate submittal dated August 11, 2003.

In addition, a copy of the letter from the Attorney General affirming the board's authority 

to adopt the state regulation (Article 55) implementing 40 CFR Subpart MMMM is 

included at the end of this part.

J. Discretionary Authority

Discretionary authority related to certain decisions required to implement the plan by 

EPA and the department is as follows. Any authority not set forth below is assumed to 

rest with the department. The department shall obtain prior approval from EPA Region 

III before implementing any of the following:

1. Alternatives to emission limits and standards in 9VAC5-40-8220 and operating

limits established under 9VAC5-40-8290 or 9VAC5-40-8300 B 3 relevant to 40 CFR 

60.5190.

2. Approval of major alternatives to test methods.

3. Approval of major alternatives to monitoring.

4. Approval of major alternatives to recordkeeping and reporting.

5. The requirements in 9VAC5-40-8290 B relevant to § 60.5175.

6. The requirements in 9VAC5-40-8270 relevant to § 60.5155(b)(2).

7. Performance test and data reduction waivers under 40 CFR 60.8(b).

SIP\111-D\SSI\PRT1-FIN.doc
COMMONWEALTH of VIRGINIA 

Kenneth T. Cuccinelli, II 

Attorney General 

Office of the Attorney General 

June 12, 2012 

The Honorable David K. Paylor, Director 

Virginia Department of Environmental Quality 

629 East Main Street 

Richmond, Virginia 23219 

900 East Main Street 

Richmond, Virginia 23219 

804-786-2071 

FAX 804-786-1991 

Virginia Relay Services 

800-828-1120 

7-1-1 

Re: Authority to Promulgate Amendments to Regulations for the Control and 

Abatement of Air Pollution (9 V AC 5-20 - General Provisions and 9 V AC 5-40 

Existing Sources) 

Dear Director Paylor: 

I have reviewed the above-referenced regulations. It is my opinion that the State Air 

Pollution Control Board has authority to promulgate these regulations under applicable law, 

including Chapter 13 of Title 10.1 of the Code of Virginia and that the proposed amendments 

comport with applicable state law. Further, it is my opinion that the promulgation of this 

regulation is exempt from the Virginia Administrative Process Act, Va. Code§§ 2.2-4000 et 

seq., pursuant to Va. Code§ 2.2-4006(A)(4)(c). 

If I may be of any further assistance to you relating to this matter, please do not hesitate 

to contact me. 

Sincerely, 

David C. Grandis 

Assistant Attorney General 
ATTACHMENT A-1

ATTACHMENT A

COMMONWEALTH OF VIRGINIA

§ 111(D)/129 PLAN

FOR SEWAGE SLUDGE INCINERATORS

PRIMARY STATE ENFORCEABLE MECHANISMS

The following table lists the specific provisions from the primary implementing regulation 

of the State Air Pollution Control Board's Regulations for the Control and Abatement of 

Air Pollution that will be used to implement the § 111(d)/129 plan. Except as noted 

otherwise, these provisions are to be included in the plan. Highlighted provisions are 

not to be construed as part of the Commonwealth's § 111(d)/129 plan. A copy of the 

primary regulation follows this table. Related general regulations from the Regulations 

for the Control and Abatement of Air Pollution as well as the Regulation for General 

Administration that will also be used to implement the plan were previously provided to 

EPA under a separate submission dated August 11, 2003.

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

9VAC5 CHAPTER 40 EXISTING STATIONARY SOURCES

PART II EMISSION STANDARDS

ARTICLE 55 EMISSION STANDARDS FOR SEWAGE SLUDGE 

INCINERATORS (Rule 4-55)

9VAC5-40-8200 Applicability and designation of affected facility

9VAC5-40-8210 Definitions

9VAC5-40-8220 Emission limits and emission standards

9VAC5-40-8230 Standard for visible emissions

9VAC5-40-8240 Standard for fugitive dust/emissions

Subsection A

9VAC5-40-8250. Standard for odor

9VAC5-40-8260. Standard for toxic pollutants

9VAC5-40-8270 Operator training and certification

9VAC5-40-8280 Compliance schedule

9VAC5-40-8290 Operating requirements

9VAC5-40-8300 Compliance

Subsection A and subdivision B 1

9VAC5-40-8310 Performance testing, monitoring, and calibration 

requirements

Subsection A and subdivisions B 1 and B 2

9VAC5-40-8320 Recordkeeping and reporting

Subsection A and subdivision B 1

9VAC5-40-8330 Registration

9VAC5-40-8340 Facility and control equipment maintenance or 
ATTACHMENT A-2

malfunction

Subsection A and subdivision B 1

9VAC5-40-8350 Federal (Title V) operating permits

9VAC5-40-8360 Other permits

9VAC5-40-8370 Documents incorporated by reference

SIP\111-D\SSI\PRT1A-FIN.doc
COMMONWEALTH OF VIRGINIA PAGE 1 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

9VAC5 CHAPTER 20.

GENERAL PROVISIONS.

PART I.

Administrative.

9VAC5-20-21. Documents incorporated by reference.

A. The Administrative Process Act and Virginia Register Act provide that state 

regulations may incorporate documents by reference. Throughout these regulations, 

documents of the types specified below have been incorporated by reference.

1. United States Code.

2. Code of Virginia.

3. Code of Federal Regulations.

4. Federal Register.

5. Technical and scientific reference documents.

Additional information on key federal regulations and nonstatutory documents incorporated 

by reference and their availability may be found in subsection E of this section.

B. Any reference in these regulations to any provision of the Code of Federal 

Regulations (CFR) shall be considered as the adoption by reference of that provision. The 

specific version of the provision adopted by reference shall be that contained in the CFR 

(2010 2012) in effect July 1, 2010 2012. In making reference to the Code of Federal 

Regulations, 40 CFR Part 35 means Part 35 of Title 40 of the Code of Federal 

Regulations; 40 CFR 35.20 means § 35.20 in Part 35 of Title 40 of the Code of Federal 

Regulations.

C. Failure to include in this section any document referenced in the regulations 

shall not invalidate the applicability of the referenced document.

D. Copies of materials incorporated by reference in this section may be examined 

by the public at the central office of the Department of Environmental Quality, Eighth Floor, 

629 East Main Street, Richmond, Virginia, between 8:30 a.m. and 4:30 p.m. of each 

business day.

E. Information on federal regulations and nonstatutory documents incorporated by 

reference and their availability may be found below in this subsection.

1. Code of Federal Regulations.
COMMONWEALTH OF VIRGINIA PAGE 2 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

a. The provisions specified below from the Code of Federal 

Regulations (CFR) are incorporated herein by reference.

(1) 40 CFR Part 50 - National Primary and Secondary Ambient 

Air Quality Standards.

(a) Appendix A-1 - Reference Measurement Principle 

and Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere 

(Ultraviolet Fluorescence Method). 

(b) Appendix A-2 - Reference Method for the 

Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline Method). 

(c) Appendix B - Reference Method for the 

Determination of Suspended Particulate Matter in the Atmosphere (High-Volume Method).

(d) Appendix C - Measurement Principle and 

Calibration Procedure for the Continuous Measurement of Carbon Monoxide in the 

Atmosphere (Non-Dispersive Infrared Photometry).

(e) Appendix D - Measurement Principle and 

Calibration Procedure for the Measurement of Ozone in the Atmosphere.

(f) Appendix E - Reserved.

(g) Appendix F - Measurement Principle and 

Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas 

Phase Chemiluminescence).

(h) Appendix G - Reference Method for the 

Determination of Lead in Suspended Particulate Matter Collected from Ambient Air.

(i) Appendix H - Interpretation of the National Ambient 

Air Quality Standards for Ozone.

(j) Appendix I - Interpretation of the 8-Hour Primary and 

Secondary National Ambient Air Quality Standards for Ozone.

(k) Appendix J - Reference Method for the 

Determination of Particulate Matter as PM10 in the Atmosphere.

(l) Appendix K - Interpretation of the National Ambient 

Air Quality Standards for Particulate Matter.
COMMONWEALTH OF VIRGINIA PAGE 3 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

(m) Appendix L - Reference Method for the

Determination of Fine Particulate Matter as PM2.5 in the Atmosphere.

(n) Appendix M - Reserved.

(o) Appendix N - Interpretation of the National Ambient 

Air Quality Standards for PM2.5.

(p) Appendix O - Reference Method for the 

Determination of Coarse Particulate Matter as PM in the Atmosphere.

(q) Appendix P - Interpretation of the Primary and 

Secondary National Ambient Air Quality Standards for Ozone.

(r) Appendix Q - Reference Method for the 

Determination of Lead in Suspended Particulate Matter as PM10 Collected From Ambient 

Air.

(s) Appendix R - Interpretation of the National Ambient 

Air Quality Standards for Lead.

(t) Appendix S - Interpretation of the Primary National 

Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide).

(u) Appendix T - Interpretation of the Primary National 

Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide). 

(2) 40 CFR Part 51 -- Requirements for Preparation, Adoption, 

and Submittal of Implementation Plans.

(a) Appendix M -- Recommended Test Methods for 

State Implementation Plans.

(b) Appendix S -- Emission Offset Interpretive Ruling.

(c) Appendix W -- Guideline on Air Quality Models 

(Revised).

(d) Appendix Y - Guidelines for BART Determinations 

Under the Regional Haze Rule.

(3) 40 CFR Part 55 -- Outer Continental Shelf Air Regulations.

(4) 40 CFR Part 58 -- Ambient Air Quality Surveillance.

Appendix A - Quality Assurance Requirements for 
COMMONWEALTH OF VIRGINIA PAGE 4 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

SLAMS, SPMs and PSD Air Monitoring.

(5) 40 CFR Part 59 -- National Volatile Organic Compound 

Emission Standards for Consumer and Commercial Products.

(a) Subpart C - National Volatile Organic Compound 

Emission Standards for Consumer Products.

(b) Subpart D - National Volatile Organic Compound 

Emission Standards for Architectural Coatings, Appendix A -- Determination of Volatile 

Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking 

Coatings.

(6) 40 CFR Part 60 -- Standards of Performance for New 

Stationary Sources.

The specific provisions of 40 CFR Part 60 incorporated 

by reference are found in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5-50 (New 

and Modified Sources).

(7) 40 CFR Part 61 -- National Emission Standards for 

Hazardous Air Pollutants.

The specific provisions of 40 CFR Part 61 incorporated 

by reference are found in Article 1 (9VAC5-60-60 et seq.) of Part II of 9VAC5-60 

(Hazardous Air Pollutant Sources).

(8) 40 CFR Part 63 - National Emission Standards for 

Hazardous Air Pollutants for Source Categories.

The specific provisions of 40 CFR Part 63 incorporated 

by reference are found in Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5-60 

(Hazardous Air Pollutant Sources).

(9) 40 CFR Part 64, Compliance Assurance Monitoring.

(10) 40 CFR Part 72, Permits Regulation.

(11) 40 CFR Part 73, Sulfur Dioxide Allowance System.

(12) 40 CFR Part 74, Sulfur Dioxide Opt-Ins.

(13) 40 CFR Part 75, Continuous Emission Monitoring.

(14) 40 CFR Part 76, Acid Rain Nitrogen Oxides Emission 
COMMONWEALTH OF VIRGINIA PAGE 5 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

Reduction Program.

(15) 40 CFR Part 77, Excess Emissions.

(16) 40 CFR Part 78, Appeal Procedures for Acid Rain 

Program.

(17) 40 CFR Part 152 Subpart I, Classification of Pesticides.

(18) 49 CFR Part 172, Hazardous Materials Table. Special 

Provisions, Hazardous Materials Communications, Emergency Response Information, and 

Training Requirements, Subpart E, Labeling.

(19) 29 CFR Part 1926 Subpart F, Fire Protection and 

Prevention.

b. Copies may be obtained from: Superintendent of Documents, P.O. 

Box 371954, Pittsburgh, Pennsylvania 15250-7954; phone (202) 783-3238.

2. U.S. Environmental Protection Agency.

a. The following documents from the U.S. Environmental Protection 

Agency are incorporated herein by reference:

(1) Reich Test, Atmospheric Emissions from Sulfuric Acid 

Manufacturing Processes, Public Health Service Publication No. PB82250721, 1980.

(2) Compilation of Air Pollutant Emission Factors (AP-42). 

Volume I: Stationary and Area Sources, stock number 055-000-00500-1, 1995; 

Supplement A, stock number 055-000-00551-6, 1996; Supplement B, stock number 055-

000-00565, 1997; Supplement C, stock number 055-000-00587-7, 1997; Supplement D, 

1998; Supplement E, 1999.

(3) "Guidelines for Determining Capture Efficiency" (GD-35), 

Emissions Monitoring and Analysis Division, Office of Air Quality Planning and Standards, 

January 9, 1995.

b. Copies of the document identified in subdivision E 2 a (1) of this 

subdivision, and Volume I and Supplements A through C of the document identified in 

subdivision E 2 a (2) of this subdivision, may be obtained from: U.S. Department of 

Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, 

Virginia 22161; phone 1-800-553-6847. Copies of Supplements D and E of the document 

identified in subdivision E 2 a (2) of this subdivision may be obtained online from EPA's 

Technology Transfer Network at http://www.epa.gov/ttn/index.html. Copies of the 

document identified in subdivision E 2 a (3) of this subdivision are only available online 
COMMONWEALTH OF VIRGINIA PAGE 6 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

from EPA's Technology Transfer Network at http://www.epa.gov/ttn/emc/guidlnd.html.

3. U.S. government.

a. The following document from the U.S. government is incorporated 

herein by reference: Standard Industrial Classification Manual, 1987 (U.S. Government 

Printing Office stock number 041-001-00-314-2).

b. Copies may be obtained from: Superintendent of Documents, P.O. 

Box 371954, Pittsburgh, Pennsylvania 15250-7954; phone (202) 512-1800.

4. American Society for Testing and Materials (ASTM).

a. The documents specified below from the American Society for 

Testing and Materials are incorporated herein by reference.

(1) D323-99a, "Standard Test Method for Vapor Pressure of 

Petroleum Products (Reid Method)."

(2) D97-96a, "Standard Test Method for Pour Point of 

Petroleum Products."

(3) D129-00, "Standard Test Method for Sulfur in Petroleum 

Products (General Bomb Method)."

(4) D388-99, "Standard Classification of Coals by Rank."

(5) D396-98, "Standard Specification for Fuel Oils."

(6) D975-98b, "Standard Specification for Diesel Fuel Oils."

(7) D1072-90(1999), "Standard Test Method for Total Sulfur in 

Fuel Gases."

(8) D1265-97, "Standard Practice for Sampling Liquefied 

Petroleum (LP) Gases (Manual Method)."

(9) D2622-98, "Standard Test Method for Sulfur in Petroleum 

Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry."

(10) D4057-95(2000), "Standard Practice for Manual Sampling 

of Petroleum and Petroleum Products."

(11) D4294-98, "Standard Test Method for Sulfur in Petroleum 

and Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectroscopy."
COMMONWEALTH OF VIRGINIA PAGE 7 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

(12) D523-89, "Standard Test Method for Specular Gloss" 

(1999).

(13) D1613-02, "Standard Test Method for Acidity in Volatile 

Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related 

Products" (2002).

(14) D1640-95, "Standard Test Methods for Drying, Curing, or 

Film Formation of Organic Coatings at Room Temperature" (1999).

(15) E119-00a, "Standard Test Methods for Fire Tests of 

Building Construction Materials" (2000).

(16) E84-01, "Standard Test Method for Surface Burning 

Characteristics of Building Construction Materials" (2001).

(17) D4214-98, "Standard Test Methods for Evaluating the 

Degree of Chalking of Exterior Paint Films" (1998).

(18) D86-04b, "Standard Test Method for Distillation of 

Petroleum Products at Atmospheric Pressure" (2004).

(19) D4359-90, "Standard Test Method for Determining

Whether a Material is a Liquid or a Solid" (reapproved 2000).

(20) E260-96, "Standard Practice for Packed Column Gas 

Chromatography" (reapproved 2001).

(21) D3912-95, "Standard Test Method for Chemical 

Resistance of Coatings Used in Light-Water Nuclear Power Plants" (reapproved 2001).

(22) D4082-02, "Standard Test Method for Effects of Gamma 

Radiation on Coatings for Use in Light-Water Nuclear Power Plants."

(23) F852-99, "Standard Specification for Portable Gasoline 

Containers for Consumer Use" (reapproved 2006).

(24) F976-02, "Standard Specification for Portable Kerosine 

and Diesel Containers for Consumer Use."

(25) D4457-02, "Standard Test Method for Determination of 

Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into 

a Gas Chromatograph" (reapproved 2008).
COMMONWEALTH OF VIRGINIA PAGE 8 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

(26) D3792-05, "Standard Test Method for Water Content of 

Coatings by Direct Injection Into a Gas Chromatograph."

(27) D2879-97, "Standard Test Method for Vapor PressureTemperature Relationship and Initial Decomposition Temperature of Liquids by 

Isoteniscope" (reapproved 2007).

b. Copies may be obtained from: American Society for Testing 

Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959; phone 

(610) 832-9585.

5. American Petroleum Institute (API).

a. The following document from the American Petroleum Institute is 

incorporated herein by reference: Evaporative Loss from Floating Roof Tanks, API MPMS 

Chapter 19, April 1, 1997.

b. Copies may be obtained from: American Petroleum Institute, 1220 

L Street, Northwest, Washington, D.C. 20005; phone (202) 682-8000.

6. American Conference of Governmental Industrial Hygienists (ACGIH).

a. The following document from the ACGIH is incorporated herein by 

reference: 1991-1992 Threshold Limit Values for Chemical Substances and Physical 

Agents and Biological Exposure Indices (ACGIH Handbook).

b. Copies may be obtained from: ACGIH, 1330 Kemper Meadow 

Drive, Suite 600, Cincinnati, Ohio 45240; phone (513) 742-2020.

7. National Fire Prevention Association (NFPA).

a. The documents specified below from the National Fire Prevention 

Association are incorporated herein by reference.

(1) NFPA 385, Standard for Tank Vehicles for Flammable and 

Combustible Liquids, 2000 Edition.

(2) NFPA 30, Flammable and Combustible Liquids Code, 

2000 Edition.

(3) NFPA 30A, Code for Motor Fuel Dispensing Facilities and 

Repair Garages, 2000 Edition.

b. Copies may be obtained from the National Fire Prevention 

Association, One Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts 02269-9101; 
COMMONWEALTH OF VIRGINIA PAGE 9 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

phone (617) 770-3000.

8. American Society of Mechanical Engineers (ASME).

a. The documents specified below from the American Society of 

Mechanical Engineers are incorporated herein by reference.

(1) ASME Power Test Codes: Test Code for Steam 

Generating Units, Power Test Code 4.1--1964 (R1991).

(2) ASME Interim Supplement 19.5 on Instruments and 

Apparatus: Application, Part II of Fluid Meters, 6th edition (1971).

(3) Standard for the Qualification and Certification of Resource 

Recovery Facility Operators, ASME QRO-1-1994.

b. Copies may be obtained from the American Society of Mechanical 

Engineers, Three Park Avenue, New York, New York 10016; phone (800) 843-2763.

9. American Hospital Association (AHA).

a. The following document from the American Hospital Association is 

incorporated herein by reference: An Ounce of Prevention: Waste Reduction Strategies for 

Health Care Facilities, AHA Catalog no. W5-057007, 1993.

b. Copies may be obtained from: American Hospital Association, One 

North Franklin, Chicago, IL 60606; phone (800) 242-2626.

10. Bay Area Air Quality Management District (BAAQMD).

a. The following documents from the Bay Area Air Quality 

Management District are incorporated herein by reference:

(1) Method 41, "Determination of Volatile Organic Compounds 

in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride" 

(December 20, 1995).

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

Solvent-Based Coatings, Inks, and Related Materials" (November 6, 1996).

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

District, 939 Ellis Street, San Francisco, CA 94109, phone (415) 771-6000.

11. South Coast Air Quality Management District (SCAQMD).
COMMONWEALTH OF VIRGINIA PAGE 10 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

a. The following documents from the South Coast Air Quality 

Management District are incorporated herein by reference:

(1) Method 303-91, "Determination of Exempt Compounds," in 

Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996).

(2) Method 318-95, "Determination of Weight Percent 

Elemental Metal in Coatings by X-Ray Diffraction," in Manual SSMLLABM, "Laboratory 

Methods of Analysis for Enforcement Samples" (1996).

(3) Rule 1174 Ignition Method Compliance Certification 

Protocol (February 28, 1991).

(4) Method 304-91, "Determination of Volatile Organic 

Compounds (VOC) in Various Materials," in Manual SSMLLABM, "Laboratory Methods of 

Analysis for Enforcement Samples" (1996).

(5) Method 316A-92, "Determination of Volatile Organic 

Compounds (VOC) in Materials Used for Pipes and Fittings" in Manual SSMLLABM, 

"Laboratory Methods of Analysis for Enforcement Samples" (1996).

(6) "General Test Method for Determining Solvent Losses from 

Spray Gun Cleaning Systems," October 3, 1989.

b. Copies may be obtained from: South Coast Air Quality 

Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, phone (909) 396-

2000.

12. California Air Resources Board (CARB).

a. The following documents from the California Air Resources Board 

are incorporated herein by reference:

(1) Test Method 510, "Automatic Shut-Off Test Procedure for 

Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).

(2) Test Method 511, "Automatic Closure Test Procedure for 

Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).

(3) Method 100, "Procedures for Continuous Gaseous 

Emission Stack Sampling" (July 28, 1997).

(4) Test Method 513, "Determination of Permeation Rate for 

Spill-Proof Systems" (July 6, 2000).
COMMONWEALTH OF VIRGINIA PAGE 11 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

(5) Method 310, "Determination of Volatile Organic 

Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol 

Coating Products (Including Appendices A and B)" (May 5, 2005).

(6) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).

(7) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 2, §§ 94509 and 94511 (2003).

(8) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 4, §§ 94540-94555 (2003).

(9) "Certification Procedure 501 for Portable Fuel Containers 

and Spill-Proof Spouts, CP-501" (July 26, 2006).

(10) "Test Procedure for Determining Integrity of Spill-Proof 

Spouts and Spill-Proof Systems, TP-501" (July 26, 2006).

(11) "Test Procedure for Determining Diurnal Emissions from 

Portable Fuel Containers, TP-502" (July 26, 2006).

b. Copies may be obtained from: California Air Resources Board, 

P.O. Box 2815, Sacramento, CA 95812, phone (906) 322-3260 or (906) 322-2990.

13. American Architectural Manufacturers Association.

a. The following documents from the American Architectural 

Manufacturers Association are incorporated herein by reference:

(1) Voluntary Specification 2604-02, "Performance 

Requirements and Test Procedures for High Performance Organic Coatings on Aluminum 

Extrusions and Panels" (2002).

(2) Voluntary Specification 2605-02, "Performance 

Requirements and Test Procedures for Superior Performing Organic Coatings on 

Aluminum Extrusions and Panels" (2002).

b. Copies may be obtained from: American Architectural 

Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL 

60173, phone (847) 303-5664.

14. American Furniture Manufacturers Association.

a. The following document from the American Furniture 
COMMONWEALTH OF VIRGINIA PAGE 12 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

Manufacturers Association is incorporated herein by reference: Joint Industry Fabrics 

Standards Committee, Woven and Knit Residential Upholstery Fabric Standards and 

Guidelines (January 2001).

b. Copies may be obtained from: American Furniture Manufacturers 

Association, P.O. Box HP-7, High Point, NC 27261; phone (336) 884-5000.

9VAC5 CHAPTER 40.

EXISTING SOURCES.

PART II.

Emission Standards.

ARTICLE 55.

Emission Standards for

Sewage Sludge Incineration Units (Rule 4-55).

9VAC5-40-8200. Applicability and designation of affected facility.

A. The affected facilities to which the provisions of this article apply are sewage 

sludge incineration (SSI) units that meet all of the following criteria:

1. SSI units that commenced construction on or before October 14, 2010.

2. SSI units that meet the definition of a SSI unit as defined in 9VAC5-40-

8210.

3. SSI units not exempt under subsection D of this section.

B. The provisions of this article apply throughout the Commonwealth of Virginia.

C. The following provisions govern changes to SSI units.

1. If the owner of a SSI unit makes changes that meet the definition of 

modification after September 21, 2011, the SSI unit becomes subject to subpart LLLL of 

40 CFR Part 60 and the provisions of this article no longer apply to that unit.

2. If the owner of a SSI unit makes physical or operational changes to a SSI 

unit for which construction commenced on or before September 21, 2011 primarily to 

comply with the provisions of this article, subpart LLLL of 40 CFR Part 60 does not apply 

to that unit. Such changes do not qualify as modifications under subpart LLLL of 40 CFR 

Part 60.

D. Exempt from the provisions of this article are combustion units that incinerate 

sewage sludge and are not located at a wastewater treatment facility designed to treat 
COMMONWEALTH OF VIRGINIA PAGE 13 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

domestic sewage sludge. These units may be subject to 40 CFR Part 60 (e.g., subpart 

CCCC of 40 CFR Part 60). The owner of such a combustion unit shall notify the board of 

an exemption claim under this subsection.

E. The provisions of 40 CFR Part 60 (other than Subpart MMMM of 40 CFR Part 

60) cited in this article are applicable only to the extent that they are incorporated by 

reference in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5-50 (New and Modified 

Stationary Sources).

F. The provisions of Subpart MMMM (Emission Guidelines and Compliance Times 

for Existing Sewage Sludge Incineration Units) of 40 CFR Part 60 cited in this article are 

applicable only to the extent that they are incorporated by reference in 9VAC5-40-8370.

9VAC5-40-8210. Definitions.

A. For the purpose of applying this article in the context of the Regulations for the 

Control and Abatement of Air Pollution and related uses, the words or terms shall have the 

meanings given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meanings given 

them in 9VAC5-10 (General Definitions), unless otherwise required by context.

C. Terms shall have the meaning given them in 40 CFR 60.5250, except for the 

following:

"Administrator" means the board.

"Performance test, as defined in § 63.2" means the collection of data 

resulting from the execution of a test method (usually three emission test runs) used to 

demonstrate compliance with a relevant emission standard as specified in the 

performance test section of the relevant standard.

"Table 1" means 9VAC5-40-8280 A and B.

"You" means the owner of an affected SSI unit.

9VAC5-40-8220. Emission limits and emission standards.

A. No owner or other person shall cause or permit to be discharged into the 

atmosphere from any SSI unit any emissions in excess of that allowed under subsection B 

of this section.

B. The provisions of 40 CFR 60.5165 apply.

9VAC5-40-8230. Standard for visible emissions.
COMMONWEALTH OF VIRGINIA PAGE 14 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

The provisions of Article 1 (9VAC5-40-60 et seq.) of 9VAC5-40 (Emission 

Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply, with the 

exception of 9VAC5-40-90 (Standard for fugitive dust/emissions).

9VAC5-40-8240. Standard for fugitive dust/emissions.

A. The provisions of Article 1 (9VAC5-40-60 et seq.) of 9VAC5-40 (Emission 

Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4-1) apply, with the 

exception of 9VAC5-40-80 (Standard for visible emissions), 9VAC5-40-100 (Monitoring), 

9VAC5-40-110 (Test methods and procedures), 9VAC5-40-120 (Waivers).

B. No owner or other person shall cause or permit to be discharged into the 

atmosphere from any ash conveying system (including conveyor transfer points) any 

visible emissions for more than 5 percent of hourly observation period, measured at three, 

1-hour observation periods.

9VAC5-40-8250. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of 9VAC5-40 (Existing 

Stationary Sources) apply.

9VAC5-40-8260. Standard for toxic pollutants.

The provisions of Article 4 (9VAC5-60-200 et seq.) of 9VAC5-60 (Hazardous Air 

Pollutant Sources) apply.

9VAC5-40-8270. Operator training and certification.

The provisions of 40 CFR 60.5130, 40 CFR 60.5135, 40 CFR 60.5140, 40 CFR 

60.5145, 40 CFR 60.5150, 40 CFR 60.5155, and 40 CFR 60.5160 apply.

9VAC5-40-8280. Compliance schedule.

A. SSI units shall achieve final compliance or cease operation as expeditiously as 

practicable but not later than March 21, 2016.

B. The owner shall submit a final control plan no later than March 21, 2013.

C. The provisions of 40 CFR 60.5085, 40 CFR 60.5090, 40 CFR 60.5095, 40 CFR 

60.5100, 40 CFR 60.5105, 40 CFR 60.5110, 40 CFR 60.5115, 40 CFR 60.5120, and 40 

CFR 60.5125 apply.

9VAC5-40-8290. Operating requirements.
COMMONWEALTH OF VIRGINIA PAGE 15 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

A. No owner or other person shall operate any SSI unit in a manner that does not 

comply with the provisions of subsection B of this section.

B. The provisions of 40 CFR 60.5170 and 40 CFR 60.5175 apply.

9VAC5-40-8300. Compliance.

A. With regard to the emissions standards in 9VAC5-40-8240 A, 9VAC5-40-8250 

and 9VAC5-40-8260, the provisions of 9VAC5-40-20 (Compliance) apply.

B. With regard to the emission limits in 9VAC5-40-8220, 9VAC5-40-8240 B and 

9VAC5-40-8290, the following provisions apply:

1. 9VAC5-40-20 B, C, D, and E;

2. To the extent specified in the federal regulations cited in 

subdivision 3 of this subdivision, 40 CFR 60.7, 40 CFR 60.8, 40 CFR 60.11, and 40 CFR 

60.13; and

3. 40 CFR 60.5185, 40 CFR 60.5190, 40 CFR 60.5195, 40 CFR 

60.5200, 40 CFR 60.5205, 40 CFR 60.5210 and 40 CFR 60.5215.

9VAC5-40-8310. Performance testing, monitoring, and calibration requirements.

A. With regard to the emissions standards in 9VAC5-40-8240 A, 9VAC5-40-8250 

and 9VAC5-40-8260, the provisions of 9VAC5-40-30 (Emission testing) and 9VAC5-40-40 

(Monitoring) apply.

B. With regard to the emission limits in 9VAC5-40-8220, 9VAC5-40-8240 B and 

9VAC5-40-8290, the following provisions apply:

1. 9VAC5-40-30 D and G;

2. 9VAC5-40-40 A and F;

3. 40 CFR 60.8(b) through (f), with the exception of paragraph (a);

4. 40 CFR 60.13; and

5. 40 CFR 60.5220 and 40 CFR 60.5225.

9VAC5-40-8320. Recordkeeping and reporting.

A. With regard to the emissions standards in 9VAC5-40-8240 A, 9VAC5-40-8250 

and 9VAC5-40-8260, the provisions of 9VAC5-40-50 (Notification, records and reporting) 
COMMONWEALTH OF VIRGINIA PAGE 16 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

apply.

B. With regard to the emission limits in 9VAC5-40-8220, 9VAC5-40-8240 B and 

9VAC5-40-8290, the following provisions apply:

1. 9VAC5-40-50 F and H;

2. 40 CFR 60.7; and

3. 40 CFR 60.5230 and 40 CFR 60.5235.

9VAC5-40-8330. Registration.

The provisions of 9VAC5-20-160 (Registration) apply.

9VAC5-40-8340. Facility and control equipment maintenance or malfunction.

A. With regard to the emissions standards in 9VAC5-40-8240 A, 9VAC5-40-8250 

and 9VAC5-40-8260, the provisions of 9VAC5-20-180 (Facility and control equipment 

maintenance or malfunction) apply.

B. With regard to the emission limits in 9VAC5-40-8220, 9VAC5-40-8240 B and 

9VAC5-40-8290, the following provisions apply:

1. 9VAC5-20-180 with the exception of subsections E, F, and G; and

2. 40 CFR 60.5180 and 40 CFR 60.5181.

9VAC5-40-8350. Federal (Title V) operating permits.

A. The provisions of 40 CFR 60.5240 and 40 CFR 60.5245 apply.

B. Owners to which this section applies should contact the appropriate regional 

office for guidance on applying for a federal (Title V) operating permit.

9VAC5-40-8360. Other permits.

A permit may be required prior to beginning any of the activities specified below if 

the provisions of 9VAC5 -50 (New and Modified Stationary Sources) and 9VAC5-80 

(Permits for Stationary Sources) apply. Owners contemplating such action should review 

those provisions and contact the appropriate regional office for guidance on whether those 

provisions apply.

1. Construction of a facility.
COMMONWEALTH OF VIRGINIA PAGE 17 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

2. Reconstruction (replacement of more than half) of a facility.

3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (re-startup) of a facility.

6. Operation of a facility.

9VAC5-40-8370. Documents incorporated by reference.

A. The United States Environmental Protection Agency (EPA) regulations 

promulgated at Subpart MMMM (Emission Guidelines and Compliance Times for Existing 

Sewage Sludge Incineration Units) of 40 CFR Part 60 and designated in subsection B of 

this section are incorporated by reference into this article. The 40 CFR section numbers 

appearing in subsection B of this section identify the specific provisions incorporated by 

reference. The specific version of the provisions incorporated by reference shall be that 

contained in the CFR in effect as specified in 9VAC5-20-21 B.

B. The following documents from the United States Environmental Protection 

Agency are incorporated herein by reference:

Model Rule, Increments of Progress

40 CFR 60.5085, What are my requirements for meeting increments of progress 

and achieving final compliance?

40 CFR 60.5090, When must I complete each increment of progress?

40 CFR 60.5095, What must I include in the notifications of achievement of 

increments of progress?

40 CFR 60.5100, When must I submit the notifications of achievement of 

increments of progress?

40 CFR 60.5105, What if I do not meet an increment of progress?

40 CFR 60.5110, How do I comply with the increment of progress for submittal of a 

control plan?

40 CFR 60.5115, How do I comply with the increment of progress for achieving final 

compliance?

40 CFR 60.5120, What must I do if I close my SSI unit and then restart it?

40 CFR 60.5125, What must I do if I plan to permanently close my SSI unit and not 

restart it?

Model Rule, Operator Training and Qualification

40 CFR 60.5130, What are the operator training and qualification requirements?

40 CFR 60.5135, When must the operator training course be completed?

40 CFR 60.5140, How do I obtain my operator qualification?

40 CFR 60.5145, How do I maintain my operator qualification?
COMMONWEALTH OF VIRGINIA PAGE 18 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

40 CFR 60.5150, How do I renew my lapsed operator qualification?

40 CFR 60.5155, What if all the qualified operators are temporarily not accessible?

40 CFR 60.5160, What site-specific documentation is required and how often must 

it be reviewed by qualified SSI operators and other plant personnel who may 

operate the unit according to the provisions of §40CFR60.5155(a)?

Model Rule, Emission Limits, Emission Standards, and Operating Limits and 

Requirements

40 CFR 60.5165, What emission limits and standards must I meet and by when?

40 CFR 60.5170, What operating limits and requirements must I meet and by 

when?

40 CFR 60.5175, How do I establish operating limits if I do not use a wet scrubber, 

fabric filter, electrostatic precipitator, activated carbon injection, or afterburner, or if I 

limit emissions in some other manner, to comply with the emission limits?

40 CFR 60.5180, Do the emission limits, emission standards, and operating limits 

apply during periods of startup, shutdown, and malfunction?

40 CFR 60.5181, How do I establish affirmative defense for exceedance of an 

emission limit or standard during malfunction?

Model Rule, Initial Compliance Requirements

40 CFR 60.5185, How and when do I demonstrate initial compliance with the 

emission limits and standards?

40 CFR 60.5190, How do I establish my operating limits?

40 CFR 60.5195, By what date must I conduct the initial air pollution control device 

inspection and make any necessary repairs?

40 CFR 60.5200, How do I develop a site-specific monitoring plan for my 

continuous monitoring systems, bag leak detection system, and ash handling 

system, and by what date must I conduct an initial performance evaluation of my 

continuous monitoring systems and bag leak detection system?

Model Rule, Continuous Compliance Requirements

40 CFR 60.5205, How and when do I demonstrate continuous compliance with the 

emission limits and standards?

40 CFR 60.5210, How do I demonstrate continuous compliance with my operating 

limits?

40 CFR 60.5215, By what date must I conduct annual air pollution control device 

inspections and make any necessary repairs?

Model Rule, Performance Testing, Monitoring, and Calibration Requirements

40 CFR 60.5220, What are the performance testing, monitoring, and calibration 

requirements for compliance with the emission limits and standards?

40 CFR 60.5225, What are the monitoring and calibration requirements for 

compliance with my operating limits?

Model Rule, Recordkeeping and Reporting
COMMONWEALTH OF VIRGINIA PAGE 19 of 19

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-20 AND -40)

40 CFR 60.5230, What records must I keep?

40 CFR 60.5235, What reports must I submit?

Model Rule, Title V Operating Permits

40 CFR 60.5240, Am I required to apply for and obtain a title V operating permit for 

my existing SSI unit?

40 CFR 60.5245, When must I submit a title V permit application for my existing 

SSI unit?

Model Rule, Definitions

40 CFR 60.5250, What definitions must I know?

TABLES

Table 2 to Subpart MMMM of 40 CFR Part 60, Model Rule, Emission Limits and 

Standards for Existing Fluidized Bed Sewage Sludge Incineration Units.

Table 3 to Subpart MMMM of 40 CFR Part 60, Model Rule, Emission Limits and 

Standards for Existing Multiple Hearth Sewage Sludge Incineration Units.

Table 4 to Subpart MMMM of 40 CFR Part 60, Model Rule, Operating Parameters 

for Existing Sewage Sludge Incineration Units.

Table 5 to Subpart MMMM of 40 CFR Part 60, Model Rule, Toxic Equivalency 

Factors.

Table 6 to Subpart MMMM of 40 CFR Part 60, Model Rule, Summary of Reporting 

Requirements for Existing Sewage Sludge Incineration Units.

TEMPLATES\NOIRA\RULE

REG\DEV\B12-REG-FIN.DOC
ATTACHMENT B-1

ATTACHMENT B

COMMONWEALTH OF VIRGINIA

§ 111(D)/129 PLAN

FOR SEWAGE SLUDGE INCINERATORS

EMISSIONS INVENTORY

The following inventory identifies the affected facilities and estimated emissions of the 

designated pollutants. There are no facilities that have ceased operation but have not 

been dismantled.

SIP\111-D\SSI\PRT1B-FIN.doc
VA DEQ Contact: Robina Jordan, (540) 562-6820

Blacksburg Sanitary Authority Contact: Michael Vaught, (540) 522-6940

Summary of Emissions from the # SSI Unit No. 20911

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy 

Emissions 

Determination 2

Carbon 

Monoxide

7.28 ppmv 0.9103500000 Rate = 7/22/03 RA Audit

EFactor = 2.1 #/T

Federal Factor

Particulate 

Matter

0.0032 gr/dscf 0.4768500000 Rate = 6/13/90 NSPS Stack test

EFactor = 1.1 #/T

AP-42 Table 2.2-6

Nitrogen Oxides 58.4 ppmv 0.7369500000

Rate = 4/11/74 test, similar facility

EFactor = 1.7 #/T

Federal Factor

Hydrogen 

Chloride

 0.0528 ppmv 0.0433500000 Rate = Conversion of #/hr

EFactor = 0.1 #/T

AP-42 Table 2.2-7

Sulfur Dioxide 2.5 ppmv 0.3468000000 Rate = 1/24/74 test, similar facility

EFactor = 0.8 #/T

AP-42 Table 2.2-6

Cadmium 0.0038

mg/dscm 

0.0004768500 Rate = 6/13/90 NSPS Stack Test

EFactor = 0.0011 #/T

AP-42 Table 2.2-8

Lead 0.0116 , 

mg/dscm

0.0173400000 Rate = 6/13/90 NSPS Stack Test

EFactor = 0.04 #/T

Federal Factor

Mercury 0.0018

mg/dscm

0.0000260100 Rate = Conversion of #/Hr

EFactor = 0.00006

AP-42 Table 2.2-7

Dioxins/Furans 1.55 ng/dscm, 

total mass

0.0000000209 Rate = Conversion of #/Hr

EFactor = 0.0000000482#/T

EPA-454/R-97-003

1 - Concentration converted to 7% O2, dry basis and as specified in subpart FFFF

2 - Defines emissions determination method -

a) stack test , b) material balance, or 3) emissions factor

Rate = Determination of Emission Rate Units

EFactor = Determination of Annual Emissions: Emission Factor in CEDS Database
VA DEQ Contact: Katherine Fisher, (703) 583-3840

HL Mooney Water Reclamation Facility Contact: Maureen O'Shaughnessy (703)393-

2063

Summary of Emissions from the # SSI Unit No. _

Envirotech Multi-hearth Incinerator (7 hearths), rated at 48 dry tons per day

_71751__

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy 

Emissions 

Determination 2

Carbon 

Monoxide

1732.46 ppmv 99.2 tpy Footnote 1, 3, 5, and 6

Particulate 

Matter*

0.020 gr/dscf 4.16 tpy Footnote 1, 3, 5 and 6

Nitrogen Oxides 388.5 ppmv 16.0 tpy Footnote 1, 3, 4 and 5

Hydrogen 

Chloride

0.6 ppmv @ 7% 

O2

0.064 tpy AP-42 (0.02 lb/ton) for 

ppmv & tpy

Sulfur Dioxide 7.6 ppmv 14.72 tpy Footnote 1, 3, 5 and 6

Cadmium 18 ug/dNm^3 0.173 tpy Footnote 1, 5, and 6

Lead 29 ug/dNm^3 0.32 tpy Footnote 1, 3, 5, and 6

Mercury 46 ug/dNm^3 0.15 tpy Footnote 1, 5, and 6

Dioxins/Furans 100 ng/dscm, 

total mass

0.00000077 tpy AP-42 (2.4 E-7 lb/ton) for 

ng/dscm & tpy 

1 - Concentration converted to 7% O2, dry basis and as specified in subpart MMMM

2 - Defines emissions determination method -

a) stack test , b) material balance, or 3) emissions factor

1. Limits – 2.0 dry tons per hour, 48 dry tons per day, 6,400 dry tons per year. 

Sulfur content of the fuel – 0.3% permit limit

2. *PM is as PM 10.

3. Annual emissions for PM, SO2, NO2, CO, and Lead are based on emission 

factors from the most recent permit action (March 1, 2012) time the permitted 

annual sludge limit /2000

4. NOx from October 11, 1995 Stack Testing Data (68.74 ppmv @ 18.6% O2).

5. Annual limits from AP 42 for Cd, Hg, HCl, and Dioxins.

6. Information from similar facility (Norman Cole P1 and P2 units, Hankins Seven 

Hearth Sludge Incinerator). 
Summary of Emissions from the # SSI Unit No. 

Hankin Fluidized Bed Incinerator, rated at 45 dry tons per day

__71751__

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy 

Emissions 

Determination 2

Carbon 

Monoxide

4.9 ppmv 10.67625 tpy See footnotes 1, 3, and 4

Particulate 

Matter*

0.904 mg/dscf 4.9275 tpy See footnotes 1, 3, and 4

Nitrogen Oxides 156 ppmv 18.88875 tpy See footnotes 1, 3, and 4

Hydrogen 

Chloride

0.0583 ppmv 0.08 tpy See footnotes 4 and 5

Sulfur Dioxide 23.5 ppmv 22.995 tpy See footnotes 1, 3, and 4

Cadmium 0.0026 mg/dscm 0.008 tpy

See footnotes 4 and 5

Lead 0.0032 mg/dscm 1.29575 tpy See footnotes 1, 3, and 4

Mercury 0.031 mg/dscm 0.00005 tpy See footnotes 4 and 5

Dioxins/Furans 0.826 ng/dscm, 

total mass

0.000000082 tpy See footnotes 4 and 5

1 - Concentration converted to 7% O2, dry basis and as specified in subpart MMMM

2 - Defines emissions determination method -

a) stack test , b) material balance, or 3) emissions factor

1. Limits – 1.875 tons per hour of sludge, 45 dry tons per day, 16,425 dry tons per 

year, 365 days a year operation, Sulfur content of the fuel – 0.3% permit limit

2. *PM is as PM 10

3. Annual emissions for PM, SO2, NO2, CO, and Lead are based on emission 

factors from the most recent permit action (March 1, 2012) times the permitted 

annual sludge limit /2000

4. Cd, CO, HCl, Hg, NOx, Pb, dioxins, PM, and SO2 from stack testing on May 10-

11, 2011. 

5. Annual limits from AP 42 for Cd, Hg, HCl, and Dioxins. 0.01 HCl lbs/ton, 

0.00000001 dioxins lbs/ton, 0.001 Cd lbs/ton, 0.00006 Hg lbs/ton. 
VA DEQ Contact: James Kyle, (804) 527-5047

Hopewell Regional Wastewater Treatment Plant Contact: Jeanie Grandstaff, (804) 541-

2214

Summary of Emissions from the # SSI Unit No. 

Multi-hearth Sludge Incinerator, rated at 78 dry tons per day

50735

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy

Emissions 

Determination 2

Carbon Monoxide 5035.4 ppmv

(4.0 lb/dry ton)

21.3 Stack Test

Particulate Matter 0.02 gr/dscf

(0.52 lb/dry ton)

2.8 Stack Test

Nitrogen Oxides 2291.3 ppmv

(2.99 lb/dry ton)

15.9 Stack Test

Hydrogen Chloride 19.3 ppmv

(0.02 lb/dry ton)

0.1 AP-42

Sulfur Dioxide 549.9 ppmv

(1.0 lb/dry ton)

5.3 Stack Test

Cadmium 0.079 mg/dscm

(6.6 x 10-3 lb/dry ton) 

0.035 AP-42

Lead 0.102 mg/dscm

(0.06 lb/dry ton)

0.3 AP-42

Mercury 0.0145 mg/dscm

(1.0 x 10-5 lb/dry ton)

5.3 x 10-5 AP-42

Dioxins/Furans 100 ng/dscm, total

mass

1.76 x 10-2 AP-42 (1.5E-6 

lb/ton) for 

ng/dscm & tpy

1 - Concentration converted to 7% O2, dry basis and as specified in subpart FFFF

2 - Defines emissions determination method - a) stack test , b) material balance, or c) 

emissions factor
VA DEQ Contact: Ken Pinzel (757)518-2191

HRSD Contact: Mark Feltner (757)460-4254

Annual emissions from the emission inventory for 2011. 

Throughput: 3229 tons dry sludge in 2011

Summary of Emissions from the # SSI Unit No. 60349 HRSD - Army Base

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy 

Emissions 

Determination 2

Carbon 

Monoxide

2111 ppmv @ 

7% O2 

50.0 ST for ppm @ 7% O2 

AP-42 (31 lb/ton) for tpy 

Particulate 

Matter

0.032 gr/dscf @ 

7% O2 

2.1 ST for gr/dscf @ 7% O2 

ST (1.29 lb/ton) for tpy

Nitrogen Oxides 128 ppmv @ 7% 

O2 

8.1 ST for ppm @ 7% O2 

AP-42 (5 lb/ton) for tpy

Hydrogen 

Chloride

0.6 ppmv @ 7% 

O2 

0.032 AP-42 (0.02 lb/ton) for 

ppmv & tpy

Sulfur Dioxide 790 ppmv @ 

7% O2 

77.5 EF (48 lb/ton) based on 

1.2%S in sludge for 

ppmv & tpy

Cadmium 0.11 mg/dscm @ 

7% O2

0.010 ST for ppm @ 7% O2 

ST: 1.07 g/hr * 8760 hr/yr 

for tpy

Lead 0.40 mg/dscm @ 

7% O2

0.036 ST for ppm @ 7% O2 

ST: 3.77 g/hr * 8760 hr/yr 

for tpy

Mercury 0.14 mg/dscm @ 

7% O2

0.010 ST for ppm @ 7% O2 

ST: (0.74 g/hr & 1.35 

g/hr) * 8760 hr/yr for tpy

Dioxins/Furans 100 ng/dscm, 

total mass @ 7% 

O2 

3.9 E-7 AP-42 (2.4 E-7 lb/ton) for 

ng/dscm & tpy 

1 - Concentration converted to 7% O2, dry basis and as specified in subpart MMMM

2 - Defines emissions determination method -

a) stack test , b) material balance, or 3) emissions factor
Throughput: 7443 tons dry sludge in 2011

Summary of Emissions from the # SSI Unit No. 60350 HRSD - VIP

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy 

Emissions 

Determination 2

Carbon 

Monoxide

2804 ppmv @ 

7% O2 

115.4 ST for ppm @ 7% O2 

AP-42 (31 lb/ton) for tpy 

Particulate 

Matter

0.017 gr/dscf @ 

7% O2 

3.2 ST for gr/dscf @ 7% O2 

ST (0.85 lb/ton) for tpy

Nitrogen Oxides 177 ppmv @ 7% 

O2 

18.6 ST for ppm @ 7% O2 

AP-42 (5 lb/ton) for tpy

Hydrogen 

Chloride

0.6 ppmv @ 7% 

O2 

0.074 AP-42 (0.02 lb/ton) for 

ppmv & tpy

Sulfur Dioxide 760 ppmv @ 7% 

O2 

178.6 EF (48 lb/ton) based on 

1.2%S in sludge for 

ppmv & tpy

Cadmium 0.075 mg/dscm 

@ 7% O2

0.017 ST for ppm @ 7% O2 

ST: 1.81 g/hr * 8760 hr/yr 

for tpy

Lead 0.46 mg/dscm @ 

7% O2

0.11 ST for ppm @ 7% O2 

ST: 11.2 g/hr * 8760 hr/yr 

for tpy

Mercury 0.064 mg/dscm 

@ 7% O2

0.011 ST for ppm @ 7% O2 

ST: (1.03 g/hr & 1.35 

g/hr) for tpy

Dioxins/Furans 100 ng/dscm, 

total mass @ 7% 

O2 

9.1 E-7 AP-42 (2.4 E-7 lb/ton) for

ng/dscm & tpy

1 - Concentration converted to 7% O2, dry basis and as specified in subpart MMMM

2 - Defines emissions determination method -

a) stack test , b) material balance, or 3) emissions factor
Throughput: 7221 tons dry sludge in 2011

Summary of Emissions from the # SSI Unit No. 60351 HRSD - Boat Harbor

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy 

Emissions 

Determination 2

Carbon 

Monoxide

1337 ppmv @ 

7% O2 

111.9 ST for ppm @ 7% O2 

AP-42 (31 lb/ton) for tpy 

Particulate 

Matter

0.030 gr/dscf @ 

7% O2 

3.2 ST for gr/dscf @ 7% O2 

ST (0.89 lb/ton) for tpy

Nitrogen Oxides 185 ppmv @ 7% 

O2 

18.1 ST for ppm @ 7% O2 

AP-42 (5 lb/ton) for tpy

Hydrogen 

Chloride

1 ppmv @ 7% 

O2 

0.072 AP-42 (0.02 lb/ton) for & 

ppmv & tpy

Sulfur Dioxide 1470 ppmv @ 

7% O2 

173.3 EF (48 lb/ton) based on 

1.2%S in sludge for 

ppmv & tpy

Cadmium 0.054 mg/dscm 

@ 7% O2

0.0056 ST for ppm @ 7% O2 

ST: 0.58 g/hr * 8760 hr/yr

for tpy

Lead 0.069 mg/dscm 

@ 7% O2

0.0068 ST for ppm @ 7% O2 

ST: (0.71 g/hr * 8760 

hr/yr for tpy

Mercury 0.13 mg/dscm @ 

7% O2

0.011 ST for ppm @ 7% O2 

ST: (0.79 g/hr & 1.47 

g/hr) * 8760 hr/yr for tpy

Dioxins/Furans 200 ng/dscm, 

total mass @ 7% 

O2 

8.8 E-7 AP-42 (2.4 E-7 lb/ton) for

ng/dscm & tpy

1 - Concentration converted to 7% O2, dry basis and as specified in subpart MMMM

2 - Defines emissions determination method -

a) stack test , b) material balance, or 3) emissions factor
Throughput: 6181 tons dry sludge in 2011

Summary of Emissions from the # SSI Unit No. 60355 HRSD - Williamsburg

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy 

Emissions 

Determination 2

Carbon 

Monoxide

3441 ppmv @ 

7% O2 

95.8 ST for ppm @ 7% O2 

AP-42 (31 lb/ton) for tpy 

Particulate 

Matter

0.018 gr/dscf @ 

7% O2 

3.6 ST for gr/dscf @ 7% O2 

ST (1.15 lb/ton) for tpy

Nitrogen Oxides 346 ppmv @ 

7% O2 

15.5 ST for ppm @ 7% O2 

AP-42 (5 lb/ton) for tpy

Hydrogen 

Chloride

0.8 ppmv @ 7% 

O2 

0.062 AP-42 (0.02 lb/ton) for

ppmv & tpy

Sulfur Dioxide 1040 ppmv @ 

7% O2 

148.3 EF (48 lb/ton) based on 

1.2%S in sludge for 

ppmv & tpy

Cadmium 0.032 mg/dscm 

@ 7% O2

0.0045 ST: 0.47 g/hr * 8760 hr/yr 

for tpy

Lead 0.097 mg/dscm 

@ 7% O2

0.014 ST for ppm @ 7% O2 

ST: 1.41g/hr * 8760 hr/yr 

for tpy

Mercury 0.10 mg/dscm @ 

7% O2

0.011 ST for ppm @ 7% O2 

ST: (1.24 g/hr & 1.06

g/hr) * 8760 hr/yr for tpy

Dioxins/Furans 100 ng/dscm, 

total mass @ 7% 

O2 

7.5 E-7 AP-42 (2.4 E-7 lb/ton) for

ng/dscm & tpy

1 - Concentration converted to 7% O2, dry basis and as specified in subpart MMMM

2 - Defines emissions determination method -

a) stack test , b) material balance, or 3) emissions factor
Throughput: 4460 tons dry sludge in 2011

Summary of Emissions from the # SSI Unit No. 60431 HRSD - Chesapeake 

Elizabeth

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy 

Emissions 

Determination 2

Carbon 

Monoxide

3012 ppmv @ 

7% O2 

69.1 ST for ppm @ 7% O2 

AP-42 (31 lb/ton) for tpy 

Particulate 

Matter

0.027 gr/dscf @ 

7% O2 

3.1 ST for gr/dscf @ 7% O2 

ST (1.37 lb/ton) for tpy

Nitrogen Oxides 194 ppmv @ 

7% O2 

11.2 ST for ppm @ 7% O2 

AP-42 (5 lb/ton) for tpy

Hydrogen 

Chloride

0.6 ppmv @ 7% 

O2 

0.045 AP-42 (0.02 lb/ton) for 

ppmv & tpy

Sulfur Dioxide 840 ppmv @ 7% 

O2 

107.0 EF (48 lb/ton) based on 

1.2%S in sludge for

ppmv & tpy

Cadmium 0.040 mg/dscm 

@ 7% O2

0.0046 ST for ppm @ 7% O2 

ST: 0.47 g/hr * 8760 hr/yr 

for tpy

Lead 0.35 mg/dscm @ 

7% O2

0.039 ST for ppm @ 7% O2 

ST: 4.07 g/hr * 8760 hr/yr 

for tpy

Mercury 0.12 mg/dscm @ 

7% O2

0.012 ST for ppm @ 7% O2 

ST: (1.20 g/hr & 1.22 

g/hr) * 8760 hr/yr for tpy

Dioxins/Furans 100 ng/dscm, 

total mass @ 7% 

O2 

5.4 AP-42 (2.4 E-7 lb/ton) for 

ng/dscm & tpy

1 - Concentration converted to 7% O2, dry basis and as specified in subpart MMMM

2 - Defines emissions determination method -

a) stack test , b) material balance, or 3) emissions factor
VA DEQ Contact: Katherine Fisher, (703) 583-3840

Noman M Cole Jr. Pollution Control Plant Contact: Mike McGrath, (703)550-9740

Summary of Emissions from the # SSI Unit No. __

P1 and P2 Hankins Seven Hearth Sludge Incinerators, 45 dry tons/day each

70714__

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy 

(each)

Emissions 

Determination 2

Carbon 

Monoxide

1732.46 ppmv 387.7 tpy See footnote b and e

Particulate 

Matter

0.020 gr/dscf 7.39 tpy See footnote b and d

Nitrogen Oxides 212.07 ppmv 100.27 tpy See footnote b and c

Hydrogen 

Chloride

0.19 ppmv 0.056 tpy See footnote e

Sulfur Dioxide 7.6 ppmv 3.78 tpy See footnote e

Cadmium 18 ug/dNm^3 0.0066 tpy See footnote b, d and e

Lead 29 ug/dNm^3 0.05 tpy See footnote b, d and e

Mercury 46 ug/dNm^3 0.02 tpy See footnote b, d and e

Dioxins/Furans 100 ng/dscm, 

total mass

0.0000001971 tpy AP-42 (2.4 E-7 lb/ton) for 

ng/dscm & tpy 

1 - Concentration converted to 7% O2, dry basis and as specified in subpart MMMM

2 - Defines emissions determination method -

a) stack test , b) material balance, or c) emissions factor

a. *PM is as PM 10, concentration is gr/dscf @ 12%CO

b. Max capacity is 16425 dry tons of sludge per year each. 365 days a year. 

c. NOx ppmv and lbs/dry ton sludge from 5/22/07 stack test. Nox lbs/hr was 12.21.

d. Cadmium, PM, Hg, and Lead from Sept 29-30, 2004 stack tests. Cd 0.0015 

lbs/hr, Pb 0.0063 lbs/hr, PM 0.9 lbs/ton dry sludge, Hg 42.13 g/day. Metals were 

emission factors only – stack testing did not include concentration data.

e. CO, HCL, and SO2 concentration and lbs/ton from 6/20/96 stack test. 47.21

lbs/ton CO, 0.0068 lbs/ton of HCL, and 0.46 lbs/ton SO2. Cd, Hg, and Pb 

concentrations from 1996 stack test in micrograms per dry normal cubic meter.
Summary of Emissions from the # SSI Unit No. __

P3 and P4 Hankins Six Hearth Sludge Incinerators, 92 dry tons/day each

70714__

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy 

Emissions 

Determination 2

Carbon 

Monoxide

209.38 ppmv 122.57 tpy See footnote b and e

Particulate 

Matter

0.035 gr/dscf 24.0 tpy See footnote b and d

Nitrogen Oxides 183.39 ppmv 110.31 tpy See footnote b and c

Hydrogen 

Chloride

0.12 ppmv 0.17 tpy See footnote b and f

Sulfur Dioxide 3.9 ppmv 9.23 tpy See footnote b and f

Cadmium 25 ug/dNm^3 0.01 tpy See footnote b, d, and g

Lead 76 ug/dNm^3 0.07 tpy See footnote b, d, and g

Mercury 39 ug/dNm^3 0.025 tpy See footnote b, d, and g

Dioxins/Furans 100 ng/dscm, 

total mass

0.000004 tpy AP-42 (2.4 E-7 lb/ton) for 

ng/dscm & tpy 

1 - Concentration converted to 7% O2, dry basis and as specified in subpart MMMM

2 - Defines emissions determination method -

a) stack test , b) material balance, or 3) emissions factor

a. *PM is as PM 10, concentration is gr/dscf @ 12%CO

b. Max capacity is 33580 dry tons of sludge per year each 

c. NOx ppmv and lbs/dry ton sludge from 5/22/07 stack test. NOx was 6.57 lbs/hr.

d. PM, Mercury, Cadmium, and Lead from Sept 29-30, 2004 stack tests. Cd 

0.0031 lbs/hr, Pb 0.016 lbs/hr, PM 01.43 lbs/ton dry sludge, Hg 53.779 g/day. 

Metals were emission factors only – stack testing did not include concentration 

data.

e. CO concentration and lbs/ton from 6/21/96 and 6/27/96 stack test. 7.3 lbs/ton 

CO. 

f. SO2 and HCL concentration and emission factor from 1996 stack test. O.55 

lbs/ton SO2, and 0.01 lbs/ton HCL.

g. Cd, Hg, and Pb concentrations from 1996 stack test in micrograms per dry 

normal cubic meter. 
Summary of Emissions from the # SSI Unit No. __

P5 and P6 Hankins Eight Hearth Sludge Incinerators, 38 dry tons/day each

70714__

Pollutant Emission Rate, 

units 1

Annual 

Emissions, tpy 

Emissions 

Determination 2

Carbon 

Monoxide

1732.46 ppmv 325.5 tpy See footnote c and e. 

Particulate 

Matter

0.020 gr/dscf 871 tpy See footnote c and e.

Nitrogen Oxides 212.07 ppmv 53.34 tpy See footnote c and e.

Hydrogen 

Chloride

0.6 ppmv @ 7% 

O2

0.21 tpy AP-42 (0.02 lb/ton) for 

ppmv. Tpy from footnote 

b

Sulfur Dioxide 7.6 ppmv 42 tpy See footnote c and e.

Cadmium 18 ug/dNm^3 0.389 tpy See footnote d and e.

Lead 29 ug/dNm^3 1.05 tpy See footnote c and e.

Mercury 46 ug/dNm^3 0.0483 tpy See footnote d and e.

Dioxins/Furans 100 ng/dscm, 

total mass

0.00000252 tpy AP-42 (2.4 E-7 lb/ton) for 

ng/dscm & tpy 

1 - Concentration converted to 7% O2, dry basis and as specified in subpart MMMM

2 - Defines emissions determination method -

a) stack test , b) material balance, or 3) emissions factor

a. *PM is as PM 10

b. Limits – 21,000 dry tons per year (combined) 

c. Emission factors from CEDS: CO-31.0 lbs/ton, Pb-0.1 lbs/ton, NOx-5.08 lbs/ton, 

PM 10-83 lbs/ton, SO2-4.0 lbs/ton

d. Annual rate determined using AP-42 factors. Unit P5 and P6 appear to have no 

controls (?), just an afterburner. 

e. Concentrations based on the stack testing data for P1 and P2 (somewhat similar 

facility). 
PART 2-1

PART 2

EPA REQUIREMENTS FOR

§ 111(D)/129 PLANS

FOR SEWAGE SLUDGE INCINERATORS

EPA's requirements for § 111(d)/129 plans for sewage sludge incinerators are 

delineated in 40 CFR 60.5015, which is reprinted below. Virginia’s fulfillment of each 

federal requirement is correlated in the Preamble to this plan.

Sec. 60.5015 What must I include in my state plan?

(a) You must include the nine items described in paragraphs (a)(1) through (a)(9) of this 

section in your state plan.

(1) Inventory of affected SSI units, including those that have ceased operation but have 

not been dismantled.

(2) Inventory of emissions from affected SSI units in your state.

(3) Compliance schedules for each affected SSI unit.

(4) Emission limits, emission standards, operator training and qualification 

requirements, and operating limits for affected SSI units that are at least as protective 

as the emission guidelines contained in this subpart.

(5) Performance testing, recordkeeping, and reporting requirements.

(6) Certification that the hearing on the state plan was held, a list of witnesses and their 

organizational affiliations, if any, appearing at the hearing, and a brief written summary 

of each presentation or written submission.

(7) Provision for state progress reports to EPA.

(8) Identification of enforceable state mechanisms that you selected for implementing 

the emission guidelines of this subpart.

(9) Demonstration of your state's legal authority to carry out the sections 111(d) and 

129 state plan.

(b) Your state plan may deviate from the format and content of the emission guidelines 

contained in this subpart. However, if your state plan does deviate in content, you must 

demonstrate that your state plan is at least as protective as the emission guidelines 

contained in this subpart. Your state plan must address regulatory applicability, 

increments of progress for retrofit, operator training and qualification, emission limits 

and standards, performance testing, operating limits, monitoring, and recordkeeping 

and reporting.
PART 2-2

(c) You must follow the requirements of subpart B of this part (Adoption and Submittal 

of state plans for Designated Facilities) in your state plan.

SIP\111-D\SSI\PRT2-PRO.doc
ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 60.23(c), a hearing to accept public testimony concerning a 

proposed § 111(d)/129 plan was held in the Seventh Floor Conference Room, 

Department of Environmental Quality, 629 East Main Street, Richmond, Virginia at 9:00 

a.m. on December 5, 2012.

As required by 40 CFR 60.23(d), the public was given notice of the hearing in the Virginia 

Register on November 5 (copy attached).

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

the hearing, as was each local air pollution control agency which will be significantly 

impacted by the revision and is located in the affected Air Quality Control Regions. In 

addition, the District of Columbia and Maryland, which share affected interstate Air Quality 

Control Regions with Virginia, were notified of the hearing. These notifications follow the 

requirements of 40 CFR Part 60.23(d).

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General Notices/Errata

Volume 29, Issue 5 Virginia Register of Regulations November 5, 2012

1178

Title Agency Contact

2VAC5-20, Standards for 

Classification of Real 

Estate as Devoted to 

Agricultural Use and to 

Horticultural Use Under 

the Virginia Land Use 

Assessment Law

Roy E. Seward, Director, Office 

of Policy, Planning, and 

Research, P.O. Box 1163, 

Richmond, VA, 23218, 

telephone (804) 786-3535, 

FAX (804) 371-2945, or email 

roy.seward@vdacs.virginia.gov

2VAC5-130, Rules and 

Regulations Governing 

Laboratory Fees for 

Services Rendered or 

Performed

Joseph P. Garvin, Program 

Manager, P.O. Box 1163, 

Richmond, VA, 23218, 

telephone (804) 786-9202, 

FAX (804) 371-2380, or email 

joseph.garvin@vdacs.virginia.

gov

2VAC5-220, Virginia 

Horse Breeder Incentive 

Program

Andrea Heid, Equine Marketing 

Specialist, P.O. Box 1163, 

Richmond, VA, 23218, 

telephone (804) 786-5842, 

FAX (804) 371-7786, or email 

andrea.heid@vdacs.virginia.

gov

2VAC5-300, Rules and 

Regulations for the 

Enforcement of the 

Virginia Seed Potato 

Inspection Law

Thomas H. Smith, Agriculture 

and Consumer Services 

Supervisor, P.O. Box 1163, 

Richmond, VA, 23218, 

telephone (804) 786-3548, 

FAX (804) 371-7785, or email 

thomas.smith@vdacs.virginia.

gov

2VAC5-520, Rules and 

Regulations Governing 

Testing of Milk for 

Milkfat, Protein, and 

Lactose Content By 

Automated Instrument 

Methods

John A. Beers, Program 

Supervisor, P.O. Box 1163, 

Richmond, VA, 23218,

telephone (804) 786-1452, 

FAX (804) 371-7792, or email 

john.beers@vdacs.virginia.gov

The review of each regulation will be guided by the principles 

in Executive Order 14 (2010) and § 2.2-4007.1 of the Code of 

Virginia.

The purpose of this review is to determine whether each 

regulation should be terminated, amended, or retained in its 

current form. Public comment is sought on the review of any 

issue relating to each regulation, including whether the 

regulation (i) is necessary for the protection of public health, 

safety, and welfare or for the economical performance of 

important governmental functions; (ii) minimizes the 

economic impact on small businesses in a manner consistent 

with the stated objectives of applicable law; and (iii) is clearly 

written and easily understandable.

The comment period begins November 5, 2012, and ends on 

November 26, 2012.

Comments may be submitted online to the Virginia 

Regulatory Town Hall at

http://www.townhall.virginia.gov/L/Forums.cfm. 

Comments must include the commenter's name and address 

(physical or email) information in order to receive a response 

to the comment from the agency. Following the close of the 

public comment period, a report of the periodic review will be 

posted on the Town Hall and published in the Virginia 

Register of Regulations.

STATE AIR POLLUTION CONTROL BOARD

Proposed Section 111(d)/129 Plan

Notice of action: The Department of Environmental Quality 

(DEQ) is announcing an opportunity for public comment on a 

proposed Commonwealth of Virginia § 111(d)/129 plan. 

Section 111(d)/129 plans are developed by the 

Commonwealth in order to fulfill its responsibilities under the 

federal Clean Air Act to meet the ambient air quality 

standards for designated pollutants promulgated by the U.S. 

Environmental Protection Agency (EPA) under the Act. The 

Commonwealth intends to submit the plan to EPA in 

accordance with the requirements of the federal Clean Air 

Act.

Regulations affected: The regulations of the board affected by 

this action are as follows: Documents incorporated by

reference (9VAC5-20-21 of 9VAC5-20 (General 

Provisions)); and Emission Standards for Sewage Sludge 

Incineration Units, Article 55 (9VAC5-40-8200 et seq.) of 

9VAC5-40 (Existing Stationary Sources).

Purpose of notice: DEQ is seeking comment on the overall 

plan and on the issue of whether any regulations included in 

the plan should be submitted to EPA as part of the plan.

Public comment period: November 5, 2012, to December 6, 

2012.

Public hearing: A public hearing will be held in Seventh 

Floor Conference Room, Department of Environmental 

Quality, 629 East Main Street, Richmond, VA, at 9 a.m. on 

December 5, 2012, to accept comments concerning the 

proposed plan. Using the procedures explained below, DEQ 

will also accept written comments through December 6, 2012.

Public comment stage: The public comment period and 

hearing are being conducted to satisfy the public participation 

requirements of federal regulations of 40 CFR 60.23(c) and 

(d). The regulations included in this plan have been adopted 

by the State Air Pollution Control Board in accordance with 

the Code of Virginia and with public participation as required 

by the Code of Virginia, the federal Clean Air Act, and the 

Code of Federal Regulations. Because the regulations have 
General Notices/Errata

Volume 29, Issue 5 Virginia Register of Regulations November 5, 2012

1179

been adopted, DEQ is accepting comment only on the issues 

cited above and not on the content of the regulations.

Description of proposal: EPA established designated pollutant 

emission guidelines for sewage sludge incinerators in the 

Federal Register of March 21, 2011 (76 FR 15372). In order 

to implement the guidelines, it was necessary for Virginia to 

develop and adopt a state regulation containing those limits. 

In addition to the regulations, the proposed plan contains an 

inventory of emissions from the affected facilities, a list of 

authorities being retained by EPA, and other supporting 

documentation.

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations and 

not any provision of state law. The proposal will be submitted 

as § 111(d)/129 plan under §§ 111(d) and 129 of the federal 

Clean Air Act in accordance with 40 CFR 60.23(c) and (d). It 

is planned to submit all provisions of the proposal as a 

Commonwealth of Virginia § 111(d)/129 plan with the 

exception of state-only enforceable provisions, which are 

specifically identified in the plan.

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. Both oral and written comments 

are accepted at the public hearing. DEQ prefers that 

comments be provided in writing, along with any supporting 

documents or exhibits. All materials received are part of the 

public record.

To review plan documents: The proposal is available on the 

DEQ Air Public Notices for Plans website: 

http://www.deq.state.va.us/Programs/Air/PublicNotices/airpla

nsandprograms.aspx.

The documents may also be obtained by contacting the DEQ 

representative named below. The public may review the 

documents between 8:30 a.m. and 4:30 p.m. of each business 

day until the close of the public comment period at the 

following DEQ locations: 

1) Main Street Office, 629 East Main Street, 8th Floor, 

Richmond, VA, telephone (804) 698-4070, 

2) Blue Ridge Regional Office, Roanoke Location, 3019 

Peters Creek Road, Roanoke, VA, telephone (540) 562-

6700, 

3) Piedmont Regional Office, 4949-A Cox Road, Glen 

Allen, VA, telephone (804) 527-5020, 

4) Northern Regional Office, 13901 Crown Court, 

Woodbridge, VA, telephone (703) 583-3800, and 

5) Tidewater Regional Office, 5636 Southern Blvd., 

Virginia Beach, VA, telephone (757) 518-2000.

Contact Information: Karen G. Sabasteanski, Department of 

Environmental Quality, 629 East Main Street

P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-

4426, FAX (804) 698-4510, TDD (804) 698-4021, or email 

karen.sabasteanski@deq.virginia.gov.

BOARD FOR ARCHITECTS, PROFESSIONAL 

ENGINEERS, LAND SURVEYORS, CERTIFIED 

INTERIOR DESIGNERS AND LANDSCAPE 

ARCHITECTS

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform 

initiative, the Department of Professional and Occupational 

Regulation is conducting a review of the Board for 

Architects, Professional Engineers, Land Surveyors, Certified 

Interior Designers and Landscape Architects regulations 

currently in place to (i) repeal regulations that are 

unnecessary or no longer in use and (ii) reduce unnecessary 

regulatory burdens on individuals, businesses, and other 

regulated groups.

The Department invites public comment on these issues 

specific to the following regulation:

18VAC10-20, Board for Architects, Professional 

Engineers, Land Surveyors, Certified Interior Designers 

and Landscape Architects Regulations

The regulation may be found at www.dpor.virginia.gov.

Written comments will be received until 5 p.m. on 

Wednesday, December 5, 2012, and may be sent to the 

address below or apelscidla@dpor.virginia.gov. Comments 

must include the commenter's name and address (physical or 

email). Comments or questions should be sent to Kathleen 

(Kate) R. Nosbisch, Executive Director, APELSCIDLA 

Board, Department of Professional and Occupational 

Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 

23233, email apelscidla@dpor.virginia.gov, telephone (804) 

367-8514, or FAX (866) 465-6206.

BOARD FOR ASBESTOS, LEAD, AND HOME 

INSPECTORS

Notice of Public Comment Period

Pursuant to Governor McDonnell's regulatory reform 

initiative, the Department of Professional and Occupational 

Regulation is conducting a review of the Board for Asbestos, 

Lead, and Home Inspectors regulations currently in place to 

(i) repeal regulations that are unnecessary or no longer in use 

and (ii) reduce unnecessary regulatory burdens on 

individuals, businesses, and other regulated groups.

The Department invites public comment on these issues 

specific to the following regulations:

18VAC15-20, Virginia Asbestos Licensing Regulations
ENCLOSURE 3-1

ENCLOSURE 3

RECORD OF HEARING AND SUMMARY OF PUBLIC COMMENT

As required by 40 CFR 60.23(e), the complete record of the hearing, along with a list of 

commenters 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 department contact to access this information is the Director, Air Division.

No comment was received on the proposal.

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