Douglas W. Domenech Secretary of Natural Resources 

# COMMONWEALTH of VIRGINIA

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

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

www .deq. virginia.gov



# MAR 2 

# o 

# zor:

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: Ozone Classification and Implementation (Rev. F12)

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 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 amendments to the regulations needed in order to meet federal requirements for ozone classification and implementation. The Northern Virginia ozone nonattainment area was originally classified as "moderate" for the 1997 standard. On May 21, 2012, the U.S. Environmental Protection Agency (EPA) established 

### air quality designations for the 2008 standard (77 FR 30088), including the classification ofNorthern Virginia as "marginal" for the 2008 standard. At the same time, EPA provided for the revocation of the 1997 standard for transportation conformity purposes (77 FR 30 160). The list of nonattainment areas in 9VAC5-20-204 as well as the 1997 standards for ozone specified 

### in 9V AC5-30-55 have been amended 

### in order to reflect these new federal requirements. The regulation amendments were adopted by the State Air Pollution Control Board on September 14, 2012 under the authority of§ 10.1-1308 of the Code of Virginia.

### Enclosed are the foUowing:

1

. A true copy of the official regulation (Revision F12) which was published in the Virginia Register of Regulations on October 22, 2012 after being duly adopted by the State Air Pollution Control Board on September 14,2012, certified 

## by the Office of the Attorney General

as within the Board's statutory authority on September 18,2012 and thus fulJy 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 September 19, 2012.

2. Certification of public participation activities and compJiance with state administrative procedutes.

3. Public participation record.

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

.

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



## brely, 

# (J

,**)dfJ~vlrK** David K. Paylor

---

DKP\kgs

TEMPLA TES\SIP-REG\REGOO SJP\NONA TTN PLANS\20 13 \ F 12-SIP.DOC

Enclosures

### ENCLOSURE 1

COMMONWEALTH OF VIRGINIA STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED REVISION F12 CONCERNING

OZONE CLASSIFICATION AND IMPLEMENTATION (9VAC5 CHAPTER S 20 AND 30 )

Adoption Date: September 14, 2012 Effective Date: November 21, 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 submi tted for approval and incorporation by reference into the Virginia SIP is included in Enclosure 2.

CHAPTER 20 GENERAL PROVISIONS

PART II Air Quality Programs

9VAC5

- 20

- 204 Nonattainment Areas (modified)

CHAPTER 30 AMBIENT AIR QUALITY STANDARDS

9VAC5

- 30

- 55 Ozone (8

- hour, 0.08 ppm) (modified)

TEMPLATES \ SIP

- REG \ REG01 SIP \ NONATTN PLANS \ 2013 \ F12

- SIP

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

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 20 AND

- 30)



### 9VAC5 CHAPTER 20. GENERAL PROVISIONS.

PART I. Administrative.

9VAC5

- 20

- 204

. Nonattainment areas.

A

. Nonattainment areas are geographically defined below by locality for the criteria pollutants indicated. Following the name of each ozone nonattainment area, in parenthesis, is the classification assigned pursuant to § 181(a) of the federal Clean Air Act (42 USC § 7511(a)) and

, 40 CFR 51.903(a) , and 40 CFR 51.1103(a)

.

1

. Ozone (1

- hour).

Northern Virgi nia Ozone Nonattainment Area (severe).

Arlington County Alexandria City Fairfax County Fairfax City Loudoun County Falls Church City Prince William County Manassas City Stafford County Manassas Park City

2

. Ozone (8

- hour , 0 .08 ppm ).

Northern Virginia Ozone Nonattainment Area ( moderate ).

Arlington County Fairfax City Fairfax County Falls Church City Loudoun County Manassas City Prince William County Manassas Park City Alexandria City

3. Ozone (8

- hour, 0. 0 75 ppm ).

Northern Virginia Ozone Nonattainment Area (marginal).

Arlington County Fairfax City Fairfax County Falls Church City Loudoun County Manassas City Prince William County Manassas Park City Alexandria City

4

. PM 2.5 

### (particles with an aerodynamic diameter less than or equal to a nominal 2.5 m icrometers)COMMONWEALTH OF VIRGINIA PAGE 2 of 2 STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 20 AND

- 30)



### Northern Virginia PM 2.5 

### Nonattainment Area.

Arlington County Alexandria City Fairfax County Fairfax City Loudoun County Falls Church City Prince William County Manassas City Manassas Park City 4. 5. All other pollutants.

None.

B

. Subdivision A 1 of this section shall not be effective after June 15, 2005.

9VAC5 CHAPTER 30. AMBIENT AIR QUALITY STANDARDS.

9VAC5

- 30

- 55. Ozone (8

- hour , 0.08 ppm ).

A. The primary and secondary ambient air quality standard is 0.08 parts per million, daily maximum 8

- hour average.

B. Ozone shall be measured by the reference method described in Appendix D of 40 CFR Part 50, oth er method designated as such, or by an equivalent method.

C. The 8

- hour primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the average of the annual fourth

- highest daily maximum 8

- hour average ozone concentration is less than or equal to 0.08 ppm, as determined in accordance with Appendix I to 40 CFR Part 50.

D. The standard set forth in subsection A of this section shall no longer apply to an area for transportation conformity purposes after July 20, 2013 . The standard set forth in subsection A of this section shall continue to remain applicable to all areas for all other purposes notwithstanding the standard set forth in 9VAC5

- 30

- 56 A or the designation of areas for th at standard set forth in 9VAC5

- 20

- 204 A 3 . Area designations and classifications with respect to the standard set forth in subsection A of this section

are set forth in 9VAC5

- 20

- 204 A 2

.

TEMPLATES \ NOIRA \ RULE REG \ DEV \ F 12

- 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 comment s concerning a propose d 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 Reg ister of 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 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 eac h 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 R egions 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 F12 ) which was published in the Virginia Register of Regulations on October 22, 2012 after being duly adopted by the State Air Pollution Control Board on September 14, 2012 , certified by the Office of the Attorney General as within the Board’s statutory author ity on September 18, 2012 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 September 19, 2 012

. 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 dat e of November 21, 2012

.

TEMPLATES \ SIP

- REG \ REG02

- P C SIP \ NONATTN PLNS \ 2013 \ F12

- SIP

- 2.DOC

# 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

# General Notices/Errata

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

1678 provisions of the proposal as a revision to the Commonwealth of Virginia SIP.
How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address

, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. All comments, exhibits

, and documents received are part of the public record.
To review regulation documents: The proposal and any

s upporting documents 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 pub lic 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 E ast Main St reet , 8th Floor, Richmond

, VA, telephone ( 804 ) 698

- 4070, and
2) Northern Regional Office, 13901 Crown Court, Woodbridge

, VA, telephone ( 703 ) 583

- 3800.
Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 442 6, FAX (804) 698

- 4510, TDD (804) 698

- 4021, or email karen.sabasteanski@deq.virginia.gov.

CRIMINAL JUSTICE SERVICES BOARD

Notice of Periodic Review
Pursuant to Executive Order 14 (2010) and §§ 2.2

- 4007.1 and 2.2

- 4017 of the Code of Virginia, the Department of Criminal Justice Services is conducting a periodic review of 6VAC 2 0

- 160

, Regulatio ns Relating to t he Court

- Appointed Special Advocate Program (CASA)

. The review of this regulation will be guided by the principles in Executive Order 14 (2010) and § 2.2

- 4 007.1 of the Code of Virginia.
The purpose of this review is to determine whether this regulation should be terminated, amended, or retained in its current form. Public comment is sought on the review of any issue relating to this regulation, including whe ther 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 stat ed objectives of applicable law; and (iii) is clearly written and easily understandable.
The comment period begins February 11, 2013, and ends on March 4, 2013.
Comments may be submitted online to the Virginia Regulatory Town Hall at http://www.townhall.virginia.gov/L/Forums.cfm

. Comments may also be sent to Melissa O'Neill

, CASA Program Coordinator , Department of Criminal Justice Services, 1100 Bank Street, 12th F loor

, Richmond, VA 23219 , telep hone ( 804 ) 786

- 6428

, FAX ( 804 ) 786

- 3414 , or email

m elissa. o ' n eill@dcjs.virginia.gov

. 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.

DEPAR TMENT OF EDUCATION

Notice of Comment Deadline on Regulations for the Governor's Regulatory Reform Initiative
The Virginia Department of Education is seeking public comment on the b oard 's regulations as part of the Governor's Regulatory Reform Initiative . In order for staff to review and incorporate comments and recommendations into a presentation to the board, please submit comments by February 28, 2013.
Regulatory agencies are charged with conducting a

com prehensive review of regulations currently in place and repealing regulations that are unnecessary or no longer in use; reducing unnecessary regulatory burdens on individuals, busines ses, and other regulated groups; and identifying statutes that require un necessary or overly burdensome regulations. The goal is to identify regulations that are overly burdensome and where reform is appropriate consistent with protecting the health, safety, and welfare of the people of Virginia.

A current list of the b oard's r egulations is available
at http://townhall.virginia.gov/L/ViewBoard.cfm?BoardID=9 3

. After reviewing the public comments, department staff will present a list of regulations recommended to be deleted or amended to the Board of Education for consideration.
The Department of Education welcomes public comment on this initiative. Comments may be submitted
to boe@doe.virginia.gov . Questions regardin g the Board of Education ' s regulations or the Governor's Regulatory Reform Initiative may be addressed to Anne Wescott by email
at a nne. w escott@doe.virginia.gov or tele phone at (804) 225

- 2403.

Contact Information : Anne Wescott

, Assistant Superintendent for Policy, Department of Education, P

. O

. Box 2120

, Richmond, VA 23218, telephone (804) 225

- 2403, or email

a nne. w escott@doe.virginia.gov

.

# Regulations

Volume 29, Issue 4 Virginia Register of Regulations October 22, 2012

855 

#  

# –––––––––––––––––– 

TITLE 9. ENVIRONMENT

ST ATE AIR POLLUTION CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrative Process Act in accordance with § 2.2

- 4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do n ot differ materially from those required by federal law or regulation. The Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title s of Regulation s : 9VAC5

- 20. General Pro visions (amending 9VAC5

- 20

- 204).
9VAC5

- 30. Ambient Air Quality Standards (amending 9VAC5

- 30

- 55). Statutory Authority:
9VAC5

- 20

- 204: § 10.1

- 1308 of the Code of Virginia; § 110 and 182 of the Clean Air Act; 40 CFR Part 51.
9VAC5

- 30

- 55: § 10.1

- 1308 of the Code of Virginia; §§ 108, 109 and 302 of the Clean Air Act; 40 CFR Parts 50, 53 and 58.
Effective Date: November 21, 2012. Agency Contact: 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, TTY (804) 698

- 4021, or email karen.sabasteanski@deq.virginia.gov. Summary : The Northern Virginia ozone nonattainment area was originally classified as moderate f or the 1997 8

- hour (0.08 parts per million) ozone standard. The 8

- hour ozone standard was revised to 0.075 parts per million in 2008, and on May 21, 2012, the U.S. Environmental Protection Agency (EPA) accordingly established air quality designations for t his standard (77 FR 30088). As part of this designation process, Northern Virginia has been classified as marginal for the 2008 standard. In addition, on May 21, 2012, EPA provided for the revocation of the 1997 standard for transportation conformity purpo ses (77 FR 30160). The list of nonattainment areas in 9VAC5

- 20

- 204 and the 1997 standards for ozone specified in 9VAC5

- 30

- 55 are amended to reflect these new federal requirements. 9VAC5

- 20

- 204. Nonattainment areas. A. Nonattainment areas are geographicall y defined below by locality for the criteria pollutants indicated. Following the name of each ozone nonattainment area, in parentheses, is the classification assigned pursuant to § 181(a) of the federal Clean Air Act (42 USC § 7511(a)) and

, 40 CFR 51.903(a )

, and 40 CFR 51.1103(a)

. 1. Ozone (1

- hour). Northern Virginia Ozone Nonattainment Area (severe).
Arlington County Fairfax County Loudoun County Prince William County Stafford County Alexandria City Fairfax City Falls Church City Manassas City Manassa s Park City

2. Ozone (8

- hour) (8

- hour, 0.08 ppm)

. Northern Virginia Ozone Nonattainment Area (moderate).
Arlington County Fairfax County Loudoun County Prince William County Alexandria City Fairfax City Falls Church City Manassas City Manassas Park City
3. Ozone (8

- hour, 0.075 ppm) Northern Virginia Ozone Nonattainment Area (marginal).
Arlington County Fairfax County Loudoun County Prince William County Alexandria City Fairfax City Falls Church City Manassas City Manassas Park City

3. 4. PM 2.5 ( particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers). Northern Virginia PM 2.5 Nonattainment Area.
Arlington County Fairfax County Loudoun County Prince William County Alexandria City Fairfax City

# Regulations

Volume 29, Issue 4 Virginia Register of Regulations October 22, 2012

856 Falls Church City Man assas City Manassas Park City

4. 5. All other pollutants.

None.
B. Subdivision A 1 of this section shall not be effective after June 15, 2005.
9VAC5

- 30

- 55. Ozone (8

- hour, 0.08 ppm). A. The primary and secondary ambient air quality standard is 0.08 parts per million, daily maximum 8

- hour average. B. Ozone shall be measured by the reference method described in Appendix D of 40 CFR Part 50, or other method designated as such, or by an e quivalent method.
C. The 8

- hour primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the average of the annual fourth

- highest daily maximum 8

- hour average ozone concentration is less than or
equa l to 0.08 ppm, as determined in accordance with Appendix I of 40 CFR Part 50.
D. The standard set forth in subsection A of this section shall no longer apply to an area for transportation conformity purposes after July 20, 2013. The standard set forth in subsection A of this section shall continue to remain applicable to all areas for all other purposes notwithstanding the standard set forth in 9VAC5

- 30

- 56 A or the designation of areas for the standard set forth in 9VAC5

- 30

- 56 A 3. Area designations and cl assifications with respect to the standard set forth in subsection A of this section are set forth in 9VAC5

- 20

- 204 A 2.

VA.R. Doc. No. R13

- 3232; Filed September 19, 2012, 3:10 p.m.

CHESAPEAKE BAY LOC AL ASSISTANCE BOARD

(ABOLISHED) Final Regulation

REGISTR AR'S NOTICE: This regulatory action is excluded from the Administrative Process Act in accordance with § 2.2

- 4006 A 4 a of the Code of Virginia, which excludes regulations that are necessary to conform to changes in Virginia statutory law where no agency d iscretion is involved. The Virginia Soil and Water Conservation Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision. Title of Regulation: 9VAC10

- 11. Public Participation G uidelines (repealing 9VAC10

- 11

- 10 through 9VAC10

- 11

- 110). Statutory Authority: § 10.1

- 2103 of the Code of Virginia.
Effective Date: November 21, 2012. Agency Contact: David C. Dowling , Policy and Planning Director, Department of Conservation and Recreation, 203 Governor Street, Suite 302, Richmond, VA 23219, telephone (804) 786

- 2291, FAX (804) 786

- 6141, or email david.dowling@dcr.virginia.gov. Summary: Chapters 785 and 819 of the 2012 Acts of Assembly abolished the Chesapeake Bay Local Assistance Board and transferred its powers and duties to the Virginia Soil and Water Conservation Board. This regulatory action repeals the Public Participation Guidelines of the former Chesapeake Bay Lo cal Assistance Board.

VA.R. Doc. No. R13

- 3392; Filed October 3, 2012, 9:13 a.m.

STATE WATER CONTROL BOARD

Forms

NOTICE: Forms used in administering the following regulation have been filed by the State Water Control Board. The forms are not being publishe d; however, online users of this issue of the Virginia Register of Regulations may click on the name of the new or amended form to access it. The forms are also available from the agency contact or may be viewed at the Office of the Registrar of Regulation s, General Assembly Building, 2nd Floor, Richmond, Virginia 23219.

Title s of Regulation s : 9VAC25

- 31. Virginia Pollutant Discharge Elimination System (VPDES) Permit Regulation

. 9VAC25

- 32. Virginia Pollution Abatement (VPA) Permit Regulation

. Contact Information: Debra A. Miller, Policy Specialist, Department of Environmental Quality, 629 East Main Street, Richmond, VA 23219, telephone (804) 698

- 4209, FAX (804) 698

- 4346, or email debra.miller@deq.virginia.gov. FORMS (9VAC25

- 31) VPDES Sewage Sludge Permit Application Form (rev. 2000). VPDES Sewage Sludge Permit Application Form (rev. 9/12). VPDES Sewage Sludge Permit Application for Permit Reissuance (eff. 8/12).

In structions for VPDES Sewage Sludge Permit Application Form (rev. 2000). Instructions for VPDES Sewage Sludge Permit Application Form (rev. 9/12). Application Form 1

- General Information, Consolidated Permits Program, EPA Form 3510

- 1 (rev. 8/90). Virginia State Water Control Board Fish Farm Questionnaire (rev. 4/11). Application Form 2A

- NPDES Form 2A Application for Permit to Discharge Municipal Wastewater, EPA Form 3510

- 2A (eff. 1/99). Form 2B NPDES, Applications for Permit to Discharge Wastewater Concentrated Animal Feeding Operations and

### 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.

TEMPLATES \ SIP

- REG \ REG03

- pc SIP \ NONATTN PLANS \ 2013 \ F12

- SIP

- 3.DOC