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



### Ms. Diana Esher, Directot 

### 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 l-800-592-5482



### Reference: Repeal of the Regulation for the National Low Emissions Vehicle Program (Rev. M11)

Dear Ms. Esher:

Pursuant to the requirements of 

### § 11 0 of the Clean Air Act, we are officially requesting approval of a revision to the Commonwealth of Virginia State Implementation Plan (SIP) approved and submitted under the authority of§ 10.1-1185 of the Code of Virginia and in accordance with the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans).

This revision consists of removal of a repealed regulation from the Virginia SIP: the Regulation for the National Low Emission Vehicle (NLEV) Program (9V AC5 Chapter 200}, which was originally adopted by the State Air PoUution Control Board in 1999 in order to implement an EPA-approved alternative clean fuel fleet standard for mobile sources. 

### On February 10, 2000 (65 FR 6698) the federal NLEV program was superseded by federal Tier 2 standards, which were more restrictive than the NLEV program standards. Additionally, the federal NLEV program became mandatory on a national basis 

### in 2006 and Virginia's participation 

### in the national NLEV program ceased with 

### the 2006 model year. Subsequently, the Board repealed the regulation because it is no longer effective, and more restrictive federal regulations
meet all of the federal statutory and regulatory requirements. There is therefore no longer a need for reference to this regulation in Virginia's SIP.

### Enclosed are the following:

1. A true copy of the official regulation repeal (Revision M11) which was published in the Virginia Register of Regulations on April23, 2012 after being duly adopted by the State Air Pollution Control Board on December 2, 2011, certified by the Office of the Attorney General as within the Board's statutory authority on December 9, 2011 and thus fully enforceable under Virginia law, and submitted to the Virginia Registrar on behalf of the board by the Department of Environmental Quality as a true and accurate copy of the duly adopted regulation amendments

on April4, 2012.

2. Certification of public participation activities and compliance with state administrative procedures.

3. Public participation record.

4. An 

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

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

.

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TEMPLATES\SIP-REG\REGOO SIP\NONATTN PLANS\2013\Mll-SIP.DOC

Enclosures 

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### ENCLOSURE 1

COMMONWEALTH OF VIRGINIA STATE AIR POLLUTION CONTROL BOARD

PROVISIONS AFFECTED REVISION M11 CONCERNING

REPEAL OF THE REGULATION FOR THE NATIONAL LOW EMISSION VEHICLE PROGRAM (9VAC5 CHAPTER 200 )

Adoption Date: December 2, 2011 Effective Date: June 7, 2012

The following table lists the specific provisions of the attached regulations that will be used to implement the State Implementation Plan (SIP). A copy of the actual regulation submitted for approval and incorporation by r eference into the Virginia SIP is included in Enclosure 2.

CHAPTER 200 NATIONAL LOW EMISSION VEHICLE PROGRAM

9VAC5

- 20 0

- 10 Definitions (repealed) 9VAC5

- 20 0

- 20 Participation in National LEV (repealed) 9VAC5

- 200

- 30 Transition from national LEV requireme nts to a Virginia § 177 program (repealed)

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- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 2 S TATE AIR POLLUTION CONTROL BOARD

NATIONAL LOW EMISSION VEHICLE PROGRAM (9VAC5

- 200)



### 9VAC5 CHAPTER 200 NATIONAL LOW EMISSION VEHICLE PROGRAM (REPEALED)

9VAC5

- 200

- 10. Definitions. (Repealed)

.

A. For the purposes of this chapter or any orders issued by the board, the words or terms shall have the meaning given them in subsection C of thi s section.

B. As used in this chapter, all terms not defined herein shall have the meaning given them in 9 VAC 5 Chapter 170 (9 VAC 5

- 170

- 10 et seq.), unless otherwise required by context.

C. Terms Defined.

"EPA" means Environmental Protection Agenc y.
"GVWR" means gross vehicle weight rating.

"LEV" means low emissions vehicle.

"ZEV" means zero emissions vehicle.

"ZEV mandate" means any state regulation or other law that imposes (or purports to impose) obligations on auto manufacturers to produce, deliver for sale, or sell a certain number or percentage of ZEVs.

9VAC5

- 200

- 20. Participation in National LEV. (Repealed)

.

A. For the duration of Virginia's participation in National LEV, manufacturers may comply with National LEV or equally st ringent mandatory federal standards in lieu of compliance with any program, including any mandates for sales of ZEVs, adopted by the board pursuant to the authority provided in **∋** 177 of the federal Clean Air Act applicable to passenger cars, light

- duty tru cks up through 6,000 pounds GVWR, and medium duty vehicles from 6,001 to 14,000 pounds GVWR if designed to operate on gasoline, as these categories of motor vehicles are defined in the California Code of regulations, Title 13, Division 3, Chapter 1, Articl e 1, **∋** 1900.

B. Virginia's participation in National LEV extends until model year 2006, except as provided in 40 CFR 86.1707. If, no later than December 15, 2000, the U.S. EPA does not adopt standards at least as stringent as the National LEV standards provi ded in 40 CFR 86 subpart R that apply to new motor vehicles in model year 2004, 2005, or 2006, Virginia's participation in National LEV extends only until model year 2004, except as provided in 40 CFR 86.1707.COMMONWEALTH OF VIRGINIA PAGE 2 of 2 S TATE AIR POLLUTION CONTROL BOARD

NATIONAL LOW EMISSION VEHICLE PROGRAM (9VAC5

- 200)



### 9VAC5

- 200

- 30. Transition from National LEV re quirements to a Virginia Section 177 program. (Repealed).

If a covered manufacturer, as defined at 40 CFR 86.1702, opts out of the National LEV program pursuant to the EPA National LEV regulations at 40 CFR 86.1707, the transition from National LEV requirements to any Virginia Section 177 program applicable to pa ssenger cars, light duty trucks up through 6,000 pounds GVWR, and/or medium duty vehicles from 6,001 to 14,000 pounds GVWR if designed to operate on gasoline, as these categories of motor vehicles are defined in the California Code of Regulations, Title 13

, Division 3, Chapter 1, Article 1, **∋** 1900, will proceed in accordance with the EPA National LEV regulations at 40 CFR 86.1707.

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### ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES AND COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the following information regarding public participation activities and compliance with state administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity to submit written comment s concerning a propos ed revision to the Commonwealth of Virginia State Implementation Plan was held from February 11 to March 13 , 2013

. As required by 40 CFR Part 51.102 (a) and (d)(1) and (2), the public was given notice of the public comment period in the Virginia Register o f Regulations , along with the location of the proposal for public inspection, on February 11 , 201 3

. The notice included procedures to afford the public the opportunity to request that a hearing be held pursuant to 40 CFR 51.102(a); no such request was rec eived. The attached copy of the notice provides the evidence required by Section 2.1(f) of Appendix V of 40 CFR Part 51.

The Regional Administrator for the U.S. Environmental Protection Agency was notified of the public comment period, as was each local air pollution control agency which will be significantly affected by the revision and is located in the affected Air Quality Control Regions. In addition, the District of Columbia, Maryland and Tennessee, which share affected interstate Air Quality Contr ol Regions with Virginia, were notified of the public comment period. These notifications follow the requirements of 40 CFR Part 51.102(d)(3), (4) and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

A true copy of the official regulation (Revision M11 ) which was published in the Virginia Register of Regulations on April 23, 2012 after being duly adopted by the State Air Pollution Control Board on December 2, 2011 , certified by the Office of the Attorney General as within the Board’s statutory autho rity on December 9, 2011 and thus fully enforceable under Virginia law, and submitted to the Virginia Registrar on behalf of the b oard by the Department of Environmental Quality as a true and accurate copy of the duly adopted regulation on April 4, 2012

. As required by Section 2.1(d) of Appendix V of 40 CFR Part 51, a copy of the actual regulation submitted for approval and incorporation by reference into the Commonwealth of Virginia State Implementation Plan is attached, along with the effective date of J une 7, 2012

.

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# GENERAL NOTICES/ERRATA

Volume 29, Issue 12 Virginia Register of Regulations February 11, 2013

1676 GOVERNOR GENERAL NOTICES/ERRATA STATE AIR POLLUTION CONTROL BOARD AND DEPARTMENT OF ENVIRONMENTAL QUALITY Notice Seeking Individuals to Serve on the State Advisory Board on Air Pollution
The State Air Pollution Control Board (SAPCB) and the Department of Environmental Quality (DEQ) are seeking individuals who are willing to serve as members of the State Advisory Board on Air Pollution (SAB). It is anticipated that the SAPCB will approve membership on the Advisory Board in the spring o f 2013. The SAB is assigned specific projects related to air quality by the board and DEQ. Such projects are based on informational needs that could provide useful program recommendations, options, or other actions for consideration by the board and DEQ. T he SAB has a membership of approximately 20 and members are appointed for a term of three years, with all members' terms expiring on December 31 of the same year. Members may be re

- appointed for another three year term. The SAPCB adopted a revised charter for the SAB in November 2012. A copy of the charter for the SAB is available upon request. DEQ is seeking membership from environmental and health organizations, academia, the legal profession, and industry or trade associations that have a background in a ir quality technology policies or programs to serve on the Advisory Board. If interested, please submit your name and a brief resume of your qualifications to Michael G. Dowd, Director, Air Division, Department of Environmental Quality, P.O. Box 1105, Rich mond, VA 23218, telephone (804) 698

- 4284, FAX (804) 698

- 4510, or michael.dowd@deq.virginia.gov

. Submissions are due by close of business on February 25, 2013.

Contact Information: Michael G. Dowd

, Director, Air Division, Department of Environmental Quality

, P.O. Box 1105

, Richmond, VA 23218, telephone (804) 698

- 4284

, FAX (804) 698

- 4510, or email michael.dowd@deq.virginia.gov

.

State Implementation Plan Revision

- National Low Emission Vehicle Program
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean A ir Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation to EPA as a revision to the SIP in accordance with the requiremen ts of § 110(a) of the federal Clean Air Act. Regulations affected: The regulation of the board affected by this action is 9VAC5

- 200, National Low Emission Vehicle Program. Purpose of notice: DEQ is seeking comment on the issue of whether the regulation ame ndments (repeal of the entire chapter) should be submitted as a revision to the SIP; i.e., whether reference to the repealed chapter should be removed from the SIP. Public comment period: February 11 , 2013, to March 13, 2013. Public hearing: A public heari ng may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address

, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30

- day comment period will be conducted. Public comment stage: Because the regulation amendments have been adopt ed by the board in accordance with the Administrative Process Act and have subsequently become effective, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments. Description of p roposal: This revision consists of removal of a repealed regulation from the Virginia SIP: the r egulation for the National Low Emission Vehicle (NLEV) Program (9VAC5

- 200), which was originally adopted by the State Air Pollution Control Board in 1999 in ord er to implement an EPA

- approved alternative clean fuel fleet standard for mobile sources. On February 10, 2000 (65 FR 6698), the federal NLEV program was superseded by federal Tier 2 standards, which were more restrictive than the NLEV program standards. A dditionally, the federal NLEV program became mandatory on a national basis in 2006 and Virginia's participation in the n ational NLEV program ceased with the 2006 model year. Subsequently, the board repealed the regulation because it is no longer effective and more restrictive federal regulations meet all of the federal statutory and regulatory requirements. There fore, there is no longer a need for reference to this regulation in Virginia's SIP. Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.

# General Notices/Errata

Volume 29, Issue 12 Virginia Register of Regulations February 11, 2013

1677 How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full nam e, address

, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. Commenters submitting faxes are encouraged to provide the signed original by postal mail within one week. All materials received are par t of the public record. To review regulation documents: The proposal and a supporting document are available on the DEQ Air Public Notices for Plans website (http://www.deq.state.va.us/Programs/Air/PublicNotices/airpl ansandprograms.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, 6 29 E ast Main St reet , 8th Floor, Richmond

, VA, telephone ( 804 ) 698

- 4070, 2) Southwest Regional Office, 355 Deadmore St reet
, Abingdon

, VA, telephone ( 540 ) 676

- 4800, 3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek R oa d, Roanoke

, VA, telephone ( 540 ) 562

- 6700, 4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake R oa d, Lynchburg

, VA, telephone ( 804 ) 582

- 5120, 5) Valley Regional Office, 4411 Early R oa d, Harrisonburg

, VA, telephone ( 540 ) 574

- 7800,
6) Pied mont Regional Office, 4949

- A Cox R oa d, Glen Allen

, VA, telephone ( 804 ) 527

- 5020, 7) Northern Regional Office, 13901 Crown Court, Woodbridge

, VA, telephone ( 703 ) 583

- 3800, and 8) Tidewater Regional Office, 5636 Southern Blvd

. , Virginia Beach

, VA, telephon e ( 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

. State Implementation Plan Revision

- Ozone Classification and Implementation
Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U .S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation amendments to EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act. Regulations affected: The re gulations of the board affected by this action are as follows: 9VAC5

- 20

- 204 (Nonattainment areas) of Part I of 9VAC5

- 20 and 9VAC5

- 30

- 55 (Ozone) of 9VAC5

- 30. Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments should be submitted as a revision to the SIP. Public comment period: February 11 , 2013, to March 13, 2013. Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must i nclude the full name, address

, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate

no tice and another 30

- day comment period will be conducted. Public comment stage: The regulation amendments are exempt from the state administrative procedures for adoption of regulations contained in Article 2 of the Administrative Process Act by the provis ions of § 2.2

- 4006 A 4 c of the Administrative Process Act because they are necessary to conform to an order of the court or are necessary to meet the requirements of the federal Clean Air Act and do not differ materially from the pertinent EPA regulations . Since the amendments are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments. Description of proposal: The proposed revision will consist of amendments to existing regulation provisions concerning ozone classification and implementation in accordance with EPA regulations published on May 21, 2012 (77 FR 30088 and 77 FR 30160). The major provisions of th e p roposal are as follows: (i) t he listing for the Northern Virginia 8

- hour ozone nonattainment area in 9VAC5

- 20

- 204 has been revised in order to indicate the new classification of "marginal" for the 2008 standard , and (ii) a new subsection has been added
to 9VAC5

- 30

- 55 to indicate that the 1997 8

- hour ozone standard will no longer apply to an area for transportation conformity purposes one year after the effective date of the designation of the area. Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all

# Regulations

Summary: This action repeals in its entirety 9VAC5-150, Regulation for Transportation Conformity, because a new regulation for transportation conformity (9VAC5-151) is in effect and is the only regulation that meets all state and federal statutory and regulatory requirements.

VA.R. Doc. No. R12-2930; Filed April 4, 2012, 10:15 a.m. Fast-Track Regulation Title of Regulation: 9VAC5-200. National Low Emission Vehicle Program (Rev. M11) (repealing 9VAC5-200-10 through 9VAC5-200-30). Statutory Authority: §§ 10.1-1308 and 46.2-1179.1 of the Code of Virginia. Public Hearing Information: No public hearings are scheduled.

Public Comment Deadline: May 23, 2012.

Effective Date: June 7, 2012. Agency Contact: Gary E. Graham, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4510, or email gary.graham@deq.virginia.gov

. Basis: Section 10.1-1308 of the Code of Virginia authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollution in order to protect public health and welfare. Section 46.2-1179.1 of the Code of Virginia provides that the board may adopt clean altern ative fuel fleet standards consistent with the federal Clean Air Act and that adoption by the board of an equivalent approval by EPA (such as the NLEV program) removes the authority for those clean alternative fuel fleet regulations.
Purpose: The purpose of the regulation for the National Low Emission Vehicle (NLEV) Program (9VAC5-200) was to require mobile source manufacturers to participate in the federal National Low Emission Vehicle Program (Subpart R, 40 CFR 86), which was a transitional program for the federal Tier 2 standards. 9VAC5-200 was adopted to meet that federal requirement. Subsequently, the requirements of the federal NLEV program were superseded with the February 10, 2000, promulgation of the federal Tier 2 standards which were more restrictive than the NLEV program standards (65 FR 6698). Therefore, a federal requirement to have a Virginia NLEV program in place no longer exists. Additionally, because 9VAC5-200 has no requi rements that are applicable to new vehicles after the 2006 model year, there is no longer a need for the NLEV program regulation. This purpose of this amendment is to repeal 9VAC5-200, National Low Emission Vehicle Program, since it is no longer necessary to protect public health and welfare. Rationale for Using Fast Track Process: 9VAC5-200 is no longer the most restrictive sta ndard for low emission vehicles and is unusable for determining compliance with federal low emission vehicle standards. Additionally, there is a very limited stakeholder group (2 vehicle manufacturers) that could have been affected by this regulation. With the expiration of the program requirements with the 2006 model year, there are no remaining aff ected stakeholders that would have any objection to the repeal of this regulation. Therefore, no objections to the repeal of the 9VAC5-200 are anticipated.

Substance: 9VAC5-200, the regulation for the National Low Emission Vehicle Program, is repealed in its entirety.

Issues: The primary advantage to the public is the removal of unusable state regulatory requirements, which improves the public's ability to understand and comply with federal regulatory requirements. There are no disadvantages to the public. The primary advantage to the department is the removal of regulations that are no longer necessary. There are no disadvantages to the department. Department of Planning and Budget's Economic Impact Analysis: Summary of the Proposed Amendments to Regulation. This regulation (9VAC5-200) for the National Low Emission Vehicle (NLEV) Program was adopted by the State Air Pollution Control Board (Board) on January 7, 1999 with aneffective date of April 14, 1999, to implement an EPAapproved alternative clean fuel fleet standard for mobile sources. The regulation required mobile source manufacturers to participate in the federa l National Low Emission Vehicle Program (40 CFR 86 Subpart R). On February 10, 2000 the federal NLEV program was superseded by federal Tier 2 standards which were more restrictive than the NLEV prog ram standards (65 FR 6698). Additionally, 9VAC5-200 has no requirements that are applicable to new vehicles after the 2006 model year. Thus the Board proposes to repeal this regulation in its entirety. Result of Analysis. The benefits likely exceed the costs for all proposed changes. Estimated Economic Impact. The current regulations do not effectively produce any requir ements for manufacturers or any other entities since there are no requirements that are applicable to new vehicles after the 2006 model year and since in 2010 the federal NLEV program was superseded by federal Tier 2 standards which were more restrictive than the NLEV program standards. Thus repealing these regulations will have no impact beyond reducing potential confusion amongst the public. Businesses and Entities Affected. Only new vehicle manufacturers were affected by this regulation. Such entities would not be affected by the repeal of this regulation since

Volume 28, Issue 17 Virginia Register of Regulations April 23, 2012

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# Regulations

there are no requirements that are applicable to new vehicles after the 2006 model year and since in 2010 the federal NLEV program was superseded by federal Tier 2 standards which were more restrictive than the NLEV program standards. Localities Particularly Affected. The proposed repeal of this regulation does not have a disproportionate effect on any particular localities. Projected Impact on Employment. The proposed repeal of this regulation will not affect employment.

Effects on the Use and Valu e of Private Property. The proposed repeal of this regulation will not affect the use and value of private property. Small Businesses: Costs and Other Effects. The proposed repeal of this regulation will not affect small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed repeal of this regulation will not affect small businesses. Real Estate Development Costs. The proposed repeal of this regulation will not affect real estate development costs. Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance w ith § 2.2-4007.04 of the Administrative Process Act and Executive Order Number 14 (10). Section 2.2-4007.04 requires that such economic impact analyses include, but need not be limited to, the projected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2- 4007.04 requires that such econ omic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achieving the purpose of the regulation. The analysis pr esented above represents DPB's best estimate of these economic impacts. Agency's Response to Economic Impact Analysis: The department has reviewed the economic impact analysis prepared by the Department of Planning and Budget and has
no comment. Summary: This action repeals in its entirety 9VAC5-200, which was adopted to implement the federal National Low Emission Vehicle Program (NLEV). 9VAC5-200 is obsolete because the NLEV program has been superseded by federal Tier 2 standards that are more restrictive than the NLEV and because it has no requirements applicable to new vehicles after the 2006 model year.

VA.R. Doc. No. R12-3004; Filed April 4, 2012, 10:11 a.m. Final Regulation

REGISTRAR'S NOTICE: The State Air Pollution Control Board is claiming exemptions from §§ 2.2-4007 through 2.2- 4007.06, 2.2-4013, 2.2-4014, and 2.2-4015 of the Administrative Process Act. Sections 2.2-4007.07, 2.2-4013 E, 2.2-4014 D, and 2.2-4015 C of the Administrative Process Act provide that these sections shall not apply to the issuance by the State Air Pollution Control Board of variances to its regulations.
Title of Regulation: 9VAC5-221. Variance for Rocket Motor Test Operations at Atla ntic Research Corporation Gainesville Facility (Rev. L1 1) (repealing 9VAC5-221-10 through 9VAC5-221-60). Statutory Authority: §§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Effective Date: May 23, 2012. Agency Contact: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email mary.major@deq.virginia.gov

. Background: On September 30, 2002, the board issued a variance (9VAC5-221) to the Atlantic Research Corporation (ARC) rocket test facility. Due to the nature of the testing operations, ARC had no appropriate method by which it could demonstrate compliance with the board's opacity standards. The board, therefore, granted a variance for the testing facility that enabled ARC to demonstrate compliance through meeting a particulat e matter standard as an alternative to the opacity sta ndard. Because the facility was shut down in March 2007, the variance is no longer required. In order for the state regulations to be administratively correct, 9VAC5-221 must now be repealed. Summary: The action repeals the variance issued to the Atlantic Research Corporation rocket test facility. The variance is no longer required because the facility was shut down in March 2007.

VA.R. Doc. No. R12-3020; Filed March 27, 2012, 10:27 a.m. Final Regulation

REGISTRAR'S NOTICE: The State Air Pollution Control Board is claiming exemptions from §§ 2.2-4007 through 2.2-

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1364

### ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

T he complete record of public participation activities is located at the Air Division of the Department of Environmental Quality. The d epartment contact to access this information is the Director, Air Division

.

The state did not receive comments on this particular revision.

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