Douglas W. Domenech 

Secretary of Natural Resources 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Street address: 629 East Main Street, Richmond, Virginia 2321 9 

Mailing address: P.O. Box 1105, Richmond, Virginia 2321 8 

TDD (804) 698-4021 

www .deq. virginia.gov 

MAY 1 0 2fH3 

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: SIP Revision for 

GenOn Potomac River LLC 

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 lmplementatjon Plan (SlP) 

approved and submitted under the authority of § 1 0.1-1185 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). 

The revision consists of the removal from Virginia's SIP of reference to two permits and 

a consent agreement for the GenOn Potomac River, LLC (formerly PEPCO Potomac River 

Generating Station) located in Alexandria, Virginia. On December 21, 2012, the department and 

the company entered into a mutual determination of permanent shutdown of the entire facility. 

All permits were rescinded as part of the shutdown agreement. There is therefore no longer a 

need for reference to these documents in the SIP. 

Enclosed are the following: 

1. SlP revision, including the shutdown agreement, and copies of the original permits and 

consent agreement. 

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

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

duplicate of the hard copy. 

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

DKP\kgs 

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Enclosures 

Sin ~ely, 1 fJ , 

.Li#()Jyl 

Davtd K. Pay lor ' 
ENCLOSURE 1

1

COMMONWEALTH OF VIRGINIA

STATE IMPLEMENTATION PLAN REVISION

REMOVAL OF TWO PERMITS AND A CONSENT AGREEMENT

FOR

GENON POTOMAC RIVER, LLC

(FORMERLY PEPCO POTOMAC RIVER GENERATING STATION) 

ALEXANDRIA, VIRGINIA

One of the primary goals of the federal Clean Air Act is the attainment and maintenance 

of the National Ambient Air Quality Standards (NAAQS). These standards, designed to 

protect public health and welfare, apply to six pollutants, of which ozone is the primary 

focus of this action. Ozone is formed when volatile organic compounds (VOCs) and 

nitrogen oxides (NOX) in the air react in the presence of sunlight. When concentrations 

of ozone in the ambient air exceed the federal standard, the area is considered to be 

out of compliance and is classified as "nonattainment." A number of counties and cities 

within the Northern Virginia area have been identified as an ozone nonattainment area.

The Act establishes a process for evaluating the air quality in each region and 

identifying and classifying each nonattainment area according to the severity of its air 

pollution problem. Nonattainment areas are classified as marginal, moderate, serious, 

severe and extreme. Marginal areas are subject to the least stringent requirements and 

each subsequent classification is subject to successively more stringent control 

measures. Areas in a higher classification of nonattainment must meet the mandates 

of the lower classifications plus the more stringent requirements of its own class. The 

Northern Virginia Ozone Nonattainment Area was originally classified as serious for the 

0.012 parts per million (ppm) standard, and is now classified as marginal for the 

currently effective standard of 0.075 ppm.

Once a nonattainment area is defined, each state is obligated to submit a state 

implementation plan (SIP) demonstrating how it will attain the air quality standard in 

each nonattainment area. As a coal-fired electric generating facility that emitted VOC 

and NOX, the Potomac Electric Power Company (PEPCO) Generating Station located 

in Alexandria, Virginia--part of the Northern Virginia Ozone Nonattainment Area--has 

been subject to controls needed in order for the area to attain the ozone NAAQS. To 

this end, several enforceable mechanisms were implemented by the department and 

submitted to EPA as revision to the SIP. These activities are summarized in the 

following table, which is derived from Subpart VV of 40 CFR Part 52.

Source name

Permit/order or 

registration

number

State

effective

date

EPA approval 

date

40 CFR part 52

citation

Potomac Electric Power Company 

(PEPCO) - Potomac River 

Registration No. 

70228; County-Plant 

9/18/00 12/14/00, 65 FR 

78100

52.2420(d)(2).
2

Generating Station [Permit to 

Operate]

No. 510-0003

Potomac Electric Power Company 

(PEPCO) - Potomac River 

Generating Station [Consent 

Agreement]

Registration No. 

70228; NVRO-106-98

7/31/98 1/2/01, 66 FR 8. 52.2420(d)(3) NOX

RACT 

requirements.

Potomac Electric Power Company 

(PEPCO) - Potomac River 

Generating Station

Registration No. 

70228; County Plant 

No. 510-0003

5/8/00 1/2/01, 66 FR 8. 52.2420(d)(3) VOC 

RACT 

requirements.

Since these controls were issued by the department to PEPCO, the facility has been 

purchased by GenOn and subsequently permanently shut down. The consent 

agreement and permits are therefore no longer needed, and the purpose of this SIP 

revision is to remove these documents from the SIP.

Attainment Plan Permit to Operate

In order to demonstrate attainment of the 0.012 ppm standard, air quality modeling was 

performed which indicated that the implementation of certain control measures in 

concert with EPA measures controlling long-range transport would enable the area to 

attain the standard. One of the state-specific controls was the limiting of NOX

emissions from the area electric utility plants to 0.15 pounds per million Btus of heat 

(fuel) input to the boilers. The PEPCO facility was identified as a source subject to this 

control, and a state operating permit was created as a vehicle for implementing this 

measure. The permit was submitted to EPA as a revision to the Virginia SIP on 

September 19, 2000, and was subsequently approved into the SIP on December 14, 

2000 (65 FR 78100).

RACT Consent Agreement and Permit

The Act mandates that ozone attainment plans require the implementation of all 

reasonably available control measures (RACM). For the Northern Virginia area, the Act 

defined several RACMs. One of the RACMs is to require emission controls for the 

precursors of ozone (VOCs and NOX) on presently uncontrolled major stationary sources. 

Thus, in order to have a fully approvable plan, control methods for this category of 

sources must be analyzed and, if found to be reasonable, implemented.

In order to implement the mandate of the Act, the State Air Pollution Control Board 

adopted a regulation (Rule 4-4) which provided that the department must, on case-bycase basis, determine whether there is reasonably available control technology (RACT) to 

reduce VOC emissions and NOX emissions from major (>50 tons per year potential) 

sources located in the Northern Virginia Nonattainment Area for which EPA has not 

issued a control techniques guideline (CTG), which defines RACT for a particular source 

category. EPA has defined RACT as the lowest emission limit that a particular source is 
3

capable of meeting by the application of control technology that is reasonably available 

considering technological and economic feasibility.

The PEPCO facility was identified as a source subject to the RACT requirements. The

legally enforceable mechanism to ensure compliance with the RACT determination for the

control of VOC was issued as a state operating permit on May 8, 2000, submitted to EPA 

on May 9, 2000 and subsequently approved into the SIP on January 2, 2001 (66 FR 8). 

The legally enforceable mechanism to ensure compliance with the RACT determination 

for the control of NOX was issued as a consent agreement on July 31, 2002, submitted to 

EPA on October 26, 2000 and subsequently approved into the SIP on January 2, 2001 

(66 FR 8).

Shutdown Agreement

On December 21, 2012, GenOn (formerly PEPCO) and DEQ joined a mutual 

determination of permanent shutdown of the Alexandria, Virginia facility in accordance 

with 9VAC5-20-220, shutdown of a stationary source:

A. Upon a final decision by the board that a stationary source or emissions unit is shut down 

permanently, the board shall revoke any permits by written notification to the owner and remove 

the stationary source or emissions unit from the emission inventory or consider its emissions to be 

zero in any air quality analysis conducted; and the stationary source or emissions unit shall not 

commence operation without a permit being issued under the applicable provisions of 9VAC5 

Chapter 80 (9VAC5-80-10 et seq.).

B. The final decision shall be rendered as follows:

1. Upon a determination that the stationary source or emissions unit has not operated for 

a year or more, the board shall provide written notification to the owner (i) of its proposed 

decision that the stationary source or emissions unit is considered to be shut down 

permanently and (ii) that if the owner fails to provide within three months of the notice 

written response to the board that the shutdown is not to be considered permanent, the 

decision shall become final within six months of the notice. The response from the owner 

shall include the basis for the assertion that the shutdown is not to be considered 

permanent and a projected date for restart-up of the stationary source or emissions unit.

2. If the board should find that the basis for the assertion is not sound or the projected 

restart-up date allows for an unreasonably long period of inoperation, the decision to 

consider the shutdown permanent shall become final one year after the date of the notice 

of the proposed decision.

C. Nothing in any regulation of the board shall be construed to prevent the board and the owner 

from making a mutual determination that a stationary source or emissions unit is shut down 

permanently prior to any final decision rendered under subsection A of this section.

The state operating permit regulations also require, in accordance with subsection L of 

9VAC5-80-1210 (Permit invalidation, suspension, revocation and enforcement), that 

"nothing in the regulations of the board shall be construed to prevent the board and the 

owner from making a mutual determination that a permit is rescinded because all of the 

statutory or regulatory requirements (i) upon which the permit is based or (ii) that 

necessitated issuance of the permit are no longer applicable."
4

Because all units at the facility are permanently shut down, DEQ is requesting that EPA 

remove reference to the rescinded consent order and permits from the SIP. Removal 

of these documents will have no effect on the ability of the Northern Virginia 

Nonattainment Area to meet its nonattainment and attainment plan responsibilities; 

indeed, the permanent shutdown of this facility will contribute toward improvement of air 

quality in the area. There is therefore no need to make any changes to any other 

components of the SIP at this time. Finally, it is important to note that the permanent 

shutdown of this facility will also generate much needed emissions offsets that are 

necessary to support the development of clean power and other new, more 

environmentally protective projects in the area.

The shutdown agreement between GenOn and DEQ are provided in Attachment A. 

The original permits and consent order are included as Attachment B.

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ATTACHMENT A

5

LEGALLY ENFORCEABLE MECHANISM

(MUTUAL DETERMINATION OF PERMANENT SHUTDOWN)

TO ENABLE RESCISSION OF THE PERMITS AND CONSENT AGREEMENT

FOR

GenOn Potomac River, LLC

Formerly Potomac Electric Power Company (PEPCO)

Potomac River Generating Station

City of Alexandria, Virginia

Registration No. 70228

Under the authority provided in 9VAC5-20-220, the Director of the Northern Regional 

Office signed a mutual determination of permanent shutdown with GenOn (formerly 

PEPCO) on December 12, 2012, to be effective that same day. The determination was

issued following the procedural requirements of 9VAC5-20-220 of Part II of 9VAC5-20

(General Provisions).



ATTACHMENT B

7

ORIGINAL PERMITS AND CONSENT AGREEMENT

TO ENSURE COMPLIANCE WITH

ATTAINMENT PLAN AND RACT REQUIREMENTS

FOR

GenOn Potomac River, LLC

Formerly Potomac Electric Power Company (PEPCO)

Potomac River Generating Station

City of Alexandria, Virginia

Registration No. 70228

The permits and consent agreement were approved and issued following the 

procedural requirements of Article 5 (9VAC5-80-800 et seq.) of Part II of 9VAC5-80

(Permits for Stationary Sources).

Because the affected units are permanently shut down, DEQ is requesting that EPA 

remove the permits and consent agreement from the SIP.

Only the original permit and consent agreement documents are provided here for 

reference, because the original engineering analyses that accompanied these 

documents are very lengthy. All related materials in support of the development of 

these documents are available on request.





























ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

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

submit written comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan was held from April 8 to May 8, 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 April 8, 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 and Maryland, 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).

The complete record of the public comment period, along with any comments received 

and responses thereto, is located at the Air Division of the Department of Environmental 

Quality. The department contact to access this information is the Director, Air Division. 

A summary of the comment received and responses thereto is attached.

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GENERAL NOTICES/ERRATA

Volume 29, Issue 16 Virginia Register of Regulations April 8, 2013

2080

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision

Notice of action: The Department of Environmental Quality 

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

revision to the Commonwealth's state implementation plan 

(SIP) to attain and maintain the national ambient air quality 

standard for ozone in the Northern Virginia Ozone 

Nonattainment Area. The Commonwealth intends to submit 

the plan revision in accordance with the requirements of 

§ 110(a) of the federal Clean Air Act. The SIP is the plan 

developed by the Commonwealth in order to fulfill its 

responsibilities under the federal Clean Air Act to attain and 

maintain the ambient air quality standards promulgated by the 

U.S. Environmental Protection Agency (EPA) under the Act.

Purpose of notice: DEQ is seeking comments on the overall 

plan revision.

Public comment period: April 8, 2013, to May 8, 2013.

Public hearing: A public hearing will be conducted if a 

request is made in writing to the contact listed below. In order 

to be considered, the request must include the full name, 

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.

Description of proposal: The proposed revision consists of the 

removal from Virginia's SIP of reference to two permits and a 

consent agreement for the GenOn (formerly PEPCO) 

Potomac River Generating Station, Alexandria, Virginia. On 

December 12, 2012, the department and the company entered 

into a mutual determination of permanent shutdown of the 

entire facility. All permits and consent agreements, including 

the two permits and consent agreement that had been 

previously approved by EPA into SIP, were rescinded as part 

of the shutdown agreement. There is, therefore, no longer a 

need for reference to these documents in the SIP.

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations 

(40 CFR 51.102). The proposal will be submitted as a 

revision to the Commonwealth of Virginia's 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's 

SIP.

How to comment: DEQ accepts written comments by email, 

fax, and postal mail. In order to be considered, comments 

must include the full name, address, and telephone number of 

the person commenting and be received by DEQ by the last 

day of the comment period. All materials received are part of 

the public record.

To review proposal: The proposal and any supporting 

documents are available on the DEQ Air Public Notices for 

Plans website: http://www.deq.state.va.us/Programs/Air/

PublicNotices/airplansandprograms.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. DEQ Main Street Office, 629 East Main Street, 8th 

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

2. Northern Regional Office, 13901 Crown Court, 

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

Contact Information: James B. LaFratta, Department of 

Environmental Quality, 13901 Crown Court, Woodbridge, 

VA 22193, telephone (703) 583-3928, FAX (703) 583-3821, 

TDD (804) 698-4021, or email 

james.lafratta@deq.virginia.gov.

DEPARTMENT OF CONSERVATION AND 

RECREATION

Notice of Public Meeting - Elk Creek

The Department of Conservation and Recreation will host a 

public meeting to discuss the development of a water quality 

improvement plan for reducing fecal bacteria contamination 

in Elk Creek within Grayson County, Virginia. The purpose 

of the meeting is to provide an overview of the process for 

developing the plan and solicit feedback from local 

stakeholders regarding the residential and agricultural 

practices that are needed in order to improve water quality. 

The public meeting will be held at the Elk Creek Rescue 

Squad Building located at 9109 Elk Creek Parkway, Elk 

Creek, VA, on April 11, 2013, from 6:30 p.m. to 8:30 p.m.

Fecal bacteria levels in Elk Creek do not meet state water 

quality standards designed to protect the recreational use 

(e.g., swimming, wading, kayaking, etc.) of this water body. 

Due to this water quality impairment, a total maximum daily 

load (TMDL) for fecal bacteria has been developed by the 

Virginia Department of Environmental Quality (DEQ). A 

TMDL describes the amount of pollution that a water body 

can receive and still meet water quality standards. The 

bacteria TMDL study for Elk Creek was completed in 

September 2009. The Bacteria TMDL Development for Elk 

Creek study report can be found on DEQ's website at: 

http://www.deq.virginia.gov/portals/0/DEQ/Water/TMDL/ap

ptmdls/newrvr/elkec.pdf.

Section 62.1-44.19:7 C of the Code of Virginia requires the 

development of a plan for water bodies that have approved 

TMDLs, that when implemented, will result in the 

achievement of TMDLs and attainment of water quality 

standards. The Virginia Department of Conservation and 

Recreation has been authorized to develop water quality 
ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

As required by 40 CFR 51.102(e), the complete record of the public comment period, 

along with the text of the written comments, is located at the Air Division of the 

Department of Environmental Quality. The Department contact to access this 

information is the Director, Air Division.

As required by Section 2.1(h) of Appendix V of 40 CFR Part 51, below is a summary of 

the comments received and responses thereto. Included is a brief statement of the 

subject, the identification of the commenter, the summary of the comment and the 

response (analysis and action taken). Each issue is discussed in light of all of the 

comments received that affect that issue. All comments have been reviewed and 

responses developed based on an evaluation of the issues raised in consideration of 

the overall goals and objectives of the air quality program and the intended purpose of 

the document under review.

1. SUBJECT: Support for the proposal.

COMMENTER: Sierra Club

TEXT: In light of the fact that the GenOn plant has now shutdown permanently, the 

presence of the three enforceable mechanisms in the SIP is unnecessary. Accordingly, 

DEQ’s proposed action to remove these items from the Virginia SIP is entirely 

appropriate. Further ensuring that ozone-causing pollution from the Potomac River 

Plant is prevented is a salutary step towards protecting air quality in the region.

The Sierra Club commends DEQ for working with GenOn and EPA to officially shut 

down the Potomac River Generating Station last year. The Sierra Club hopes that DEQ 

will continue to take all necessary steps to ensure that air quality in the state improves 

in order to attain the ozone and all other NAAQS.

RESPONSE: Support for the proposal is appreciated.

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