Molly Joseph Ward 

Secretary of Natural Resources 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Street address: 629 East Main Street, Richmond, Virginia 232I9 

Mailing address: P.O. Box II 05, Richmond, Virginia 232I8 

www.deq. virginia.gov 

FEB 0 5 2016 

David Arnold, Acting Director 

Air Protection Division (3APOO) 

U.S. EPA, Region III 

1650 Arch Street 

Philadelphia, PA 19103-2029 

David K. Paylor 

Director 

(804) 698-4020 

1-800-592-5482 

Reference: Case-by-case RACT (Rev. 

B15) 

Dear Mr. Arnold: 

Pursuant to the requirements of§. 110 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 adding new requirements for the case-by-case determination of 

reasonably available control technology (RACT) needed in order to meet the EPA 0.075 parts per 

million (ppm) National Ambient Air Quality Standard (NAAQS) for ozone. On March 6, 2015 

(80 FR 12264), EPA amended subpart X to 40 CFR Part 51, which covers the implementation of 

the 2008 8-hour ozone standard. The Northern Virginia Ozone Nonattainment Area, which 

corresponds to the Northern Virginia Volatile Organic Compound (VOC) and Nitrogen Oxides 

(NOx) Emissions Control Areas, and which is part of the Ozone Transport Region (OTR), must 

meet the RACT requirements of 40 CFR 51.1116. This section of the EPA rule specifies dates by 

when RACT must be implemented in the OTR. The state regulations must be consistent with the 

federal regulations in order for the state to implement RACT. The regulation amendments were 

adopted by the State Air Pollution Control Board on September 11, 2015 under the authority of§ 

10.1-1308 ofthe Code ofVirginia. 

Enclosed are the following: 

1. A true copy of the official regulation (Revision B 15) which was published in the 

Virginia Register of Regulations on November 2, 2015 after being duly adopted by the State Air 
Pollution Control Board on September 11, 2015, certified by the Office ofthe Attorney General 

as within the board's statutory authority on October 8, 2015 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 October 

9, 2015. 

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

procedures. 

3. Public participation record. 

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

DKP\kgs 

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SIP\NONA TTN PLANS\20 16\B 15-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 B15

CONCERNING

CASE-BY-CASE RACT

(9VAC5 CHAPTER 40)

Adoption Date: September 11, 2015

Effective Date: December 2, 2015

The following table lists the specific provisions of the attached regulations that will be 

used to implement the State Implementation Plan (SIP). 

CHAPTER 40 EXISTING STATIONARY SOURCES

PART II Emission Standards

ARTICLE 51 STATIONARY SOURCES SUBJECT TO CASE-BY-CASE RACT 

DETERMINATIONS (Rule 4-51)

9VAC5-40-7370. Applicability and designation of affected facility

9VAC5-40-7380. Definitions

9VAC5-40-7390. Standard for volatile organic compounds (1-hour ozone standard)

9VAC5-40-7400. Standard for volatile organic compounds (8-hour ozone standard)

(modified)

9VAC5-40-7410. Standard for nitrogen oxides (1-hour ozone standard)

9VAC5-40-7420. Standard for nitrogen oxides (8-hour ozone standard) (modified)

9VAC5-40-7430. Presumptive reasonably available control technology guidelines for 

stationary sources of nitrogen oxides

9VAC5-40-7440. Standard for visible emissions

9VAC5-40-7450. Standard for fugitive dust/emissions

9VAC5-40-7460. Standard for odor

9VAC5-40-7470. Standard for toxic pollutants

9VAC5-40-7480. Compliance

9VAC5-40-7490. Test methods and procedures

9VAC5-40-7500. Monitoring

9VAC5-40-7510. Notification, records and reporting

9VAC5-40-7520. Registration
9VAC5-40-7530. Facility and control equipment maintenance or malfunction

9VAC5-40-7540. Permits

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SIP\NONATTN PLAN\2016\B15-SIP-1.DOC
COMMONWEALTH OF VIRGINIA PAGE 1 of 3

STATE AIR POLLUTION CONTROL BOARD

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

9VAC5 CHAPTER 40.

EXISTING STATIONARY SOURCES.

PART II.

Emission Standards.

ARTICLE 51.

Emission Standards for Stationary Sources Subject to

Case-by-Case RACT Determinations (Rule 4-51).

9VAC5-40-7400. Standard for volatile organic compounds (8-hour ozone standard).

A. No owner or other person shall cause or permit to be discharged from any 

affected facility any volatile organic compounds (VOCs) emissions in excess of that 

resultant from using RACT.

B. The provisions of this section apply to all facilities that (i) are within a 

stationary source in the emissions control areas specified in Table 4-51B and (ii) are 

within a stationary source that has a theoretical potential to emit at the applicable 

source thresholds specified Table 4-51B.

TABLE 4-51B.

NOTIFICATION AND COMPLIANCE DATES FOR

FACILITIES LOCATED IN

VOC EMISSIONS CONTROL AREAS

EMISSIONS 

STANDARD CONTROL AREA

SOURCE 

THRESHOLD

NOTIFICATION 

DATE

COMPLIANCE 

DATE

1997 (0.08 ppm) Northern Virginia ≥ 50 tpy March 1, 2007 April 1, 2009

2008 (0.075 

ppm)

Northern Virginia ≥ 50 tpy February 1, 2016 January 1, 2017

C. For facilities subject to the provisions of this section, the owners shall, by the 

notification dates specified in Table 4-51B, (i) notify the board of their applicability 

status, (ii) commit to making a determination as to what constitutes RACT for the 

facilities and (iii) provide a schedule acceptable to the board for making this 

determination and for achieving compliance with the emission standard as expeditiously 

as possible but no later than the compliance dates specified in Table 4-51B.

D. Nothing in this article shall exempt any facility subject to the provisions of 

9VAC5-40-7390 from being subject to the provisions of this section. The board may 
COMMONWEALTH OF VIRGINIA PAGE 2 of 3

STATE AIR POLLUTION CONTROL BOARD

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

reevaluate any RACT determination made under 9VAC5-40-7390 and require 

compliance with a new RACT determination as necessary to implement this section.

E. Upon the request of the board, the owner of a facility subject to or exempt 

from the provisions of 9VAC5-40-7390 shall provide such information as the board 

deems necessary to determine if the facility is subject to this section.

9VAC5-40-7420. Standard for nitrogen oxides (8-hour ozone standard).

A. No owner or other person shall cause or permit to be discharged from any 

affected facility any nitrogen oxides (NOX) emissions in excess of that resultant from 

using RACT.

B. Unless the owner demonstrates otherwise to the satisfaction of the board, 

facilities to which the presumptive RACT provisions of 9VAC5-40-7430 are applicable 

shall comply with the provisions of subsection A of this section by the use of 

presumptive RACT.

C. The provisions of this section apply to all facilities that (i) are within a 

stationary source in the emissions control areas specified in Table 4-51E and (ii) are 

within a stationary source that has a theoretical potential to emit at the applicable 

source thresholds specified in Table 4-51E.

TABLE 4-51E.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH THERE IS NO PRESUMPTIVE RACT

EMISSIONS 

STANDARD CONTROL AREA

SOURCE 

THRESHOLD

NOTIFICATION 

DATE

COMPLIANCE 

DATE

1997 (0.08 ppm) Northern Virginia ≥ 100 tpy March 1, 2007 April 1, 2009

2008 (0.075 

ppm)

Northern Virginia ≥ 100 tpy February 1, 

2016

January 1, 2017

D. For facilities subject to the provisions of this section and for which there is no 

presumptive RACT definition, the owners shall, by the notification dates specified in 

Table 4-51E, (i) notify the board of their applicability status, (ii) commit to making a 

determination as to what constitutes RACT for the facilities and (iii) provide a schedule 

acceptable to the board for making this determination and for achieving compliance 

with the emission standard as expeditiously as possible but no later than the 

compliance dates specified in Table 4-51E.
COMMONWEALTH OF VIRGINIA PAGE 3 of 3

STATE AIR POLLUTION CONTROL BOARD

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

E. For facilities subject to the provisions of this section and for which there is a 

presumptive RACT definition, the owners shall, by the notification dates specified in 

Table 4-51F, (i) notify the board of their applicability status, (ii) commit to accepting the 

presumptive RACT emission limits as RACT for the applicable facilities or to submitting 

a demonstration as provided in subsection B of this section and (iii) provide a schedule 

acceptable to the board for submitting the demonstration no later than the 

demonstration dates specified in Table 4-51F, and for achieving compliance with the 

emission standard as expeditiously as possible but no later than the compliance dates 

specified in Table 4-51F.

TABLE 4-51F.

NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES

LOCATED IN NOX EMISSIONS CONTROL AREAS

FOR WHICH PRESUMPTIVE RACT IS DEFINED

EMISSIONS 

CONTROL 

AREA

STANDARD

SOURCE 

THRESHOLD

NOTIFICATION 

DATE

DEMONSTRATION 

DATE

COMPLIANCE 

DATE

Northern 

Virginia

1997 (0.08 ppm) ≥ 100 tpy March 1, 2007 June 1, 2007 April 1, 2009

2008 (0.075 

ppm)

Northern 

Virginia

≥ 100 tpy February 1, 

2016

February 1, 2016 January 1, 2017

F. Nothing in this article shall exempt any facility subject to the provisions of 

9VAC5-40-7410 from being subject to the provisions of this section. The board may 

reevaluate any RACT determination made under 9VAC5-40-7410 and require 

compliance with a new RACT determination as necessary to implement this section.

G. Upon the request of the board, the owner of a facility subject to or exempt 

from the provisions of 9VAC5-40-7410 shall provide such information as the board 

deems necessary to determine if the facility is subject to this section.

REG\DEV\B15-REG-FIN
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 December 28, 2015 to January 27, 

2016.

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 December 28, 2015. 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)(3), (4) 

and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation 

amendments were published in the Virginia Register of Regulations on November 2, 

2015 after being duly adopted by the State Air Pollution Control Board on September 

11, 2015, certified by the Office of the Attorney General as within the Board’s statutory 

authority on October 8, 2015 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 

October 9, 2015, providing the evidence required by Section 2.1(b) and (e) of Appendix 

V of 40 CFR Part 51. 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 December 2, 2015.

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SIP\NONATTN PLANS\2016\B15-SIP-2.DOC
GENERAL NOTICES/ERRATA

Volume 32, Issue 9 Virginia Register of Regulations December 28, 2015

1685

GENERAL NOTICES/ERRATA

AIR POLLUTION CONTROL BOARD

State Implementation Plan Revision - Revision B15

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 (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 Emission Standards for Stationary Sources 

Subject to Case-by-Case RACT Determinations, Article 51 of 

9VAC5-40 (Existing Stationary Sources), Revision B15.

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: 30-Day Comment Forum December 

28, 2015, to January 27, 2016.

Public hearing: A public hearing may be conducted if a 

request is made in writing to the contact listed at the end of 

this notice. 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 

meet the requirements of the federal Clean Air Act and do not 

differ materially from the pertinent EPA regulations. Since 

the amendments have been adopted and 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 consists of 

adding new requirements for the case-by-case determination 

of reasonably available control technology (RACT) needed in 

order to meet the EPA 0.075 parts per million (ppm) National 

Ambient Air Quality Standard (NAAQS) for ozone. On 

March 6, 2015 (80 FR 12264), EPA amended subpart X to 40 

CFR Part 51, which covers the implementation of the 2008 

eight-hour ozone standard. The Northern Virginia Ozone 

Nonattainment Area, which corresponds to the Northern 

Virginia Volatile Organic Compound (VOC) and Nitrogen 

Oxides (NOX) Emissions Control Areas and which is part of 

the Ozone Transport Region (OTR), must meet the RACT 

requirements of 40 CFR 51.1116. This section of the EPA 

rule specifies dates by when RACT must be implemented in 

the OTR. The state regulations must be consistent with the 

federal regulations in order for the state to implement RACT.

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 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 regulation documents: The proposal and 

supporting documents are available on the DEQ Air Public 

Notices for Plans website at

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

nsandprograms.aspx. The documents may also be obtained by 

contacting the DEQ representative named below. The public 

may review the documents between 8:30 a.m. and 4:30 p.m. 

of each business day until the close of the public comment 

period at the following DEQ locations: 

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

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) 698-4426, FAX (804) 

698-4510, or email karen.sabasteanski@deq.virginia.gov.

BOARD FOR CONTRACTORS

Small Business Impact Review - Report of Findings

Pursuant to § 2.2-4007.1 of the Code of Virginia, the Board 

for Contractors conducted a small business impact review of 

18VAC50-22, Board for Contractors Regulations, and 

determined that this regulation should be retained in its 

current form. The Board for Contractors is publishing its 

report of findings dated December 1, 2015, to support this 

decision in accordance with § 2.2-4007.1 F of the Code of 

Virginia.
Regulations

Volume 32, Issue 5 Virginia Register of Regulations November 2, 2015

601

1. All excused and unexcused absences as defined in this 

chapter for each individual student shall be collected. 

2. For each student with five unexcused absences, whether 

an attendance plan was developed, and if not, the reason. 

3. For each student with six unexcused absences, whether 

an attendance conference was scheduled, and if not, the 

reason. 

4. For each student with six unexcused absences, whether 

an attendance conference was actually held, and if not, the 

reason. 

5. For each student with seven unexcused absences, 

whether a court referral or a petition was filed [ or if 

proceedings against the parent or parents were initiated 

and, if not, the reason ].

VA.R. Doc. No. R11-2535; Filed October 6, 2015, 8:37 a.m. 

 –––––––––––––––––– 

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is 

exempt from Article 2 of 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 not differ materially from those required by 

federal law or regulation. The State 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 of Regulation: 9VAC5-40. Existing Stationary 

Sources (amending 9VAC5-40-7400, 9VAC5-40-7420). 

Statutory Authority: § 10.1-1308 of the Code of Virginia; 

§§ 110, 111, 123, 129, 171, 172, and 182 of the Clean Air Act 

(40 CFR Parts 51 and 60).

Effective Date: December 2, 2015. 

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

Summary:

This action adds new requirements for the case-by-case 

determination of reasonably available control technology 

(RACT) needed in order to meet the U.S. Environmental 

Protection Agency (EPA) 0.075 parts per million (ppm) 

National Ambient Air Quality Standard (NAAQS) for 

ozone. On March 6, 2015, EPA amended Subpart X of 40 

CFR Part 51, which covers the implementation of the 2008 

eight-hour ozone standard (80 FR 12264). The Northern 

Virginia Ozone Nonattainment Area, which corresponds to 

the Northern Virginia Volatile Organic Compound (VOC) 

and Nitrogen Oxides (NOx) Emissions Control Areas and 

which is part of the Ozone Transport Region (OTR), must 

meet the RACT requirements of 40 CFR 51.1116. This 

section of the EPA rule specifies dates by when RACT must 

be implemented in the OTR. The state regulations must be 

consistent with the federal regulations in order for the 

state to implement RACT. 

9VAC5-40-7400. Standard for volatile organic compounds 

(eight-hour ozone standard). 

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

discharged from any affected facility any volatile organic 

compounds (VOCs) emissions in excess of that resultant from 

using RACT. 

B. The provisions of this section apply to all facilities that (i) 

are within a stationary source in the emissions control areas 

specified in Table 4-51B and (ii) are within a stationary 

source that has a theoretical potential to emit at the applicable 

source thresholds specified Table 4-51B. 

TABLE 4-51B. 

Notification and Compliance Dates for Facilities Located in 

VOC Emissions Control Areas. 

Standard Emissions 

Control 

Area

Source 

Threshold

Notification 

Date

Compliance 

Date

1997 

(0.08 

ppm)

Northern 

Virginia

≥ 50 tpy March 1, 

2007

April 1, 

2009

2008 

(0.075 

ppm)

Northern 

Virginia

≥ 50 tpy February 1, 

2016

January 1, 

2017

C. For facilities subject to the provisions of this section, the 

owners shall, by the notification dates specified in Table 4-

51B, (i) notify the board of their applicability status, (ii) 

commit to making a determination as to what constitutes 

RACT for the facilities, and (iii) provide a schedule 

acceptable to the board for making this determination and for 

achieving compliance with the emission standard as 

expeditiously as possible but no later than the compliance 

dates specified in Table 4-51B. 

D. Nothing in this article shall exempt any facility subject to 

the provisions of 9VAC5-40-7390 from being subject to the 

provisions of this section. The board may reevaluate any 

RACT determination made under 9VAC5-40-7390 and 

require compliance with a new RACT determination as 

necessary to implement this section. 

E. Upon the request of the board, the owner of a facility 

subject to or exempt from the provisions of 9VAC5-40-7390 

shall provide such information as the board deems necessary 

to determine if the facility is subject to this section. 
Regulations

Volume 32, Issue 5 Virginia Register of Regulations November 2, 2015

602

9VAC5-40-7420. Standard for nitrogen oxides (eight-hour ozone standard). 

A. No owner or other person shall cause or permit to be discharged from any affected facility any nitrogen oxides (NOX) 

emissions in excess of that resultant from using RACT. 

B. Unless the owner demonstrates otherwise to the satisfaction of the board, facilities to which the presumptive RACT 

provisions of 9VAC5-40-7430 are applicable shall comply with the provisions of subsection A of this section by the use of 

presumptive RACT. 

C. The provisions of this section apply to all facilities that (i) are within a stationary source in the emissions control areas 

specified in Table 4-51E and (ii) are within a stationary source that has a theoretical potential to emit at the applicable source 

thresholds specified in Table 4-51E. 

TABLE 4-51E. 

Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for 

Which There is No Presumptive RACT. 

Standard Emissions Control Area Source Threshold Notification Date Compliance Date

1997 (0.08 ppm) Northern Virginia ≥ 100 tpy March 1, 2007 April 1, 2009

2008 (0.075 ppm) Northern Virginia ≥ 100 tpy February 1, 2016 January 1, 2017

D. For facilities subject to the provisions of this section and for which there is no presumptive RACT definition, the owners 

shall, by the notification dates specified in Table 4-51E, (i) notify the board of their applicability status, (ii) commit to making a 

determination as to what constitutes RACT for the facilities, and (iii) provide a schedule acceptable to the board for making this 

determination and for achieving compliance with the emission standard as expeditiously as possible but no later than the 

compliance dates specified in Table 4-51E. 

E. For facilities subject to the provisions of this section and for which there is a presumptive RACT definition, the owners 

shall, by the notification dates specified in Table 4-51F, (i) notify the board of their applicability status, (ii) commit to accepting 

the presumptive RACT emission limits as RACT for the applicable facilities or to submitting a demonstration as provided in 

subsection B of this section, and (iii) provide a schedule acceptable to the board for submitting the demonstration no later than 

the demonstration dates specified in Table 4-51F, and for achieving compliance with the emission standard as expeditiously as 

possible but no later than the compliance dates specified in Table 4-51F. 

TABLE 4-51F. 

Notification and Compliance Dates for Facilities Located in NOX Emissions Control Areas for 

Which Presumptive RACT is Defined. 

Standard Emissions Control 

Area

Source 

Threshold Notification Date Demonstration Date

Compliance 

Date

1997 (0.08 ppm) Northern Virginia ≥ 100 tpy March 1, 2007 June 1, 2007 April 1, 2009

2008 (0.075 ppm) Northern Virginia ≥ 100 tpy February 1, 2016 February 1, 2016 January 1, 2017

F. Nothing in this article shall exempt any facility subject to the provisions of 9VAC5-40-7410 from being subject to the 

provisions of this section. The board may reevaluate any RACT determination made under 9VAC5-40-7410 and require 

compliance with a new RACT determination as necessary to implement this section. 

G. Upon the request of the board, the owner of a facility subject to or exempt from the provisions of 9VAC5-40-7410 shall 

provide such information as the board deems necessary to determine if the facility is subject to this section. 

VA.R. Doc. No. R16-4463; Filed October 9, 2015, 1:58 p.m. 
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. 

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