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This revision consists of removal of a repealed regulation from the Virginia SIP: the 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February 10, 2000 (65 FR 6698) the federal NLEV program was superseded by federal Tier 2 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repealed the regulation because it is no longer effective, and more restrictive federal regulations 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. 

DKP\kgs 

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 reference into the Virginia SIP is included in 

Enclosure 2.

CHAPTER 200 NATIONAL LOW EMISSION VEHICLE PROGRAM

9VAC5-200-10 Definitions (repealed)

9VAC5-200-20 Participation in National LEV (repealed)

9VAC5-200-30 Transition from national LEV requirements to a Virginia § 177 

program (repealed)

TEMPLATES\SIP-REG\REG01

SIP\NONATTN PLANS\2013\M11-SIP-1.DOC
COMMONWEALTH OF VIRGINIA PAGE 1 of 2

STATE 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 this 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 Agency.

"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 stringent 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 trucks 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, Article 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 provided 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

STATE AIR POLLUTION CONTROL BOARD

NATIONAL LOW EMISSION VEHICLE PROGRAM (9VAC5-200)

9VAC5-200-30. Transition from National LEV requirements 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 passenger 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.

TEMPLATES\NOIRA\REG-PRO

REG\DEV\M11-REG-FIN.DOC
ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

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

following information regarding public participation activities and compliance with state 

administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

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

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

Virginia State Implementation Plan was held from 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 of Regulations, along with the 

location of the proposal for public inspection, on February 11, 2013. The notice 

included procedures to afford the public the opportunity to request that a hearing be 

held pursuant to 40 CFR 51.102(a); no such request was received. The attached copy 

of the notice provides the evidence required by Section 2.1(f) of Appendix V of 40 CFR 

Part 51. 

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

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

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

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

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

comment period. 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 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 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 June 7, 2012.

SIP\NONATTN PLNS\2013\M11-SIP-2.DOC
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 of 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. The 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 air 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, Richmond, 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 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 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 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 amendments (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 hearing 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 adopted 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 proposal: This revision consists of removal of 

a repealed regulation from the Virginia SIP: the regulation for 

the National Low Emission Vehicle (NLEV) Program 

(9VAC5-200), which was originally adopted by the State Air 

Pollution 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. Therefore, 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 name, 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 part 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, 629 East Main Street, 8th Floor, 

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

2) Southwest Regional Office, 355 Deadmore Street, 

Abingdon, VA, telephone (540) 676-4800, 

3) Blue Ridge Regional Office, Roanoke Location, 3019 

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

6700,

4) Blue Ridge Regional Office, Lynchburg Location, 7705 

Timberlake Road, Lynchburg, VA, telephone (804) 582-

5120, 

5) Valley Regional Office, 4411 Early Road, Harrisonburg,

VA, telephone (540) 574-7800, 

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

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

7) Northern Regional Office, 13901 Crown Court, 

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

8) Tidewater Regional Office, 5636 Southern Blvd., 

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

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 regulations 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 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: 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 provisions 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 the proposal are 

as follows: (i) the 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 alternative 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 requirements 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 standard 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 affected 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 an 

effective 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 federal 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 program 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 requirements 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 

1363
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 Value 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 with § 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 economic 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 presented 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 Atlantic Research Corporation 

Gainesville Facility (Rev. L11) (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 particulate matter standard as an 

alternative to the opacity standard. 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-

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

1364 
ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

The complete record of public participation activities is located at the Air Division of the 

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division.

The state did not receive comments on this particular revision. 

TEMPLATES\SIP-REG\REG03-pc

SIP\NONATTN PLANS\2013\M11-SIP-3.DOC