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 AirPollution 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

TEMPLATES\SIP-REG\REGOO 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 S TATIONARY S OURCES S UBJECT TO C ASE

- BY

- C ASE RACT D ETERMINATIONS (Rule 4

- 51)

9VAC5

- 40

- 7370

. Applicability and designat ion of affected facility 9VAC 5

- 40

- 7380. Definitions 9VAC5

- 40

- 7390. Standard for volatile organic compounds (1

- hour ozone standa rd) 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 technolog y 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

. Stand ard for toxic pollutan ts 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 equip ment maintenance or malfunction 9VAC5

- 40

- 7540

. Permits

TEMPLATES \ SIP

- REG \ REG01 SIP \ NONATTN PLAN \ 2016 \ B15

- SIP

- 1.DOCCOMMONWEALTH 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 ozo ne standard).

A. No owner or other person shall cause or permit to be discharged from any affected facility any volatile organic compo unds (VOCs) emissions in excess of that resultant from using RACT.

B. The provisions of this section apply to all faci lities 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 CONTROL AREA STANDARD SOURCE THRESHOLD NOTIFICATION DATE COMPLIANCE DATE

Northern Virginia 1997 (0.08 ppm) **≥** 50 tpy March 1, 2007 April 1, 2009 200 8 (0. 0 75 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 applicab ility stat us, (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 mayCOMMONWEALTH 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 dete rmination made under 9 VAC5

- 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

- 4 0

- 7390 shall prov ide 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 b e discharged from any

a ffected facility any nitrogen oxides (NO X 

### ) 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 9 VAC5

- 40

- 7430 are applic able 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 area s specified in Table 4

- 51 E 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 NO X 

### EMISSIONS CONTROL AREAS FOR WHICH THERE IS NO PRESUMPTIVE RACT

EMISSIONS CONTROL AREA STANDARD SOURCE THRESHOLD NOTIFICATION DATE COMPLIANCE DATE

Northern Virginia 1997 (0.08 ppm) **≥** 100 tpy March 1, 2007 April 1, 2009 2008 (0. 0 75 ppm) Northern Virginia **≥** 100 tpy February 1, 2016 January 1, 2017



### D. For facilities subject to the provisions of this section and fo r 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 bu t 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 sub ject 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) not ify 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 accep table 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 Tab le 4

- 51F.

TABLE 4

- 51F. NOTIFICATION AND COMPLIANCE DATES FOR FACILITIES LOCATED IN NO X 

### 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. 0 75 ppm) Northern Virginia **≥** 100 tpy February 1, 2016 February 1, 2016 January 1, 2017



### F. Nothing in this articl e shall exempt any facility subject to th e 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. U pon 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 sub ject to this section.

REG \ DEV\ B 15

- 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 comment s concerning a propos ed 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 Re gister 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 ea ch 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 C FR 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 wit hin 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 b oard 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 incorporati on by reference into the Commonwealth of Virginia State Implementation Plan is attached, along with the effective date of December 2, 2015

.

TEMPLATES \ SIP

- REG \ REG02

- P C 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 req uirements 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 Station ary 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 fr om 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

a dding 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 Oxide s (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 b e 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 Environ mental 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

- 4 007.1 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 pub lishing 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 act ually 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; Fi led October 6, 2015, 8:37 a.m. 

# 

–––––––––––––––––– 

TITLE 9. ENVIRONMENT

ST ATE 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, p rovided 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) 69 8

- 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 Protect ion 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 Nort hern Virginia Ozone Nonattainment Area, which corresponds to the Northern Virginia Volatile Organic Compound (VOC) and Nitrogen Oxides (NO x ) Emissions Control Areas and which is part of the Ozone Transport Region (OTR), must meet the RACT requirements of 4 0 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 o rganic 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 specif

ied 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 sta ndard 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 b oard 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 provis ions 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 (NO X ) 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 secti on 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 ar eas specified in Table 4

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

- 51E.

TABLE 4

- 51E.

Notification and Compliance Dates for Facilities Located in NO X 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
t he 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 Facil ities Located in NO X 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

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 \ 2016 \ B15

- SIP

- 3.DOC