### 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 acti vities 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 June 6, 2011 to July 7, 2011.

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 June 6, 2011. 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 ag ency which will be significantly affected by the revision and is located in the affected Air Quality Control Regions. In addition, the District of Columbia, Maryland and Tennessee, which share affected interstate Air Quality Control Regions with Virginia, were notified of the public comment period. These notifications follow the requirements of 40 CFR Part 51.102(d)(3), (4) and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulat ion amendments were published in the Virginia Register of Regulations on April 25, 2011 after being duly adopted by the State Air Pollution Control Board on March 18, 2011

, certified by the Office of the Attorney General as within the Board’s statutory authorit y
on March 30, 2011 and thus fully enforceable under Virginia law, and submitted to the Virginia Registrar on behalf of the Board by the Department of Environmental Quality as a true and accurate copy of the duly adopted regulation on April 4, 2011, providi ng 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 May 25, 2011.

TEMPLATES \ SIP

- REG \ REG02

- PC SIP \ Nonattn Plans \ 2011 \ H10

- SIP

- 2.DOC

# GENERAL NOTICES/ERRATA

GENERAL NOTICES/ERRATA AIR POLLUTION CONTROL BOARD

Notice of Periodic Review The Department of Environmental Quality will conduct a periodic review of certain portions of 9VAC5-40, Existing Stationary Sources. The purpose of the review is to determine whether the regulations should be terminated, amended, or retained in their current form. The review of the regulations will be guided by the principles listed in Executive Order Number Fourteen (2010) and § 2.2-4007.1 of the Code of Virginia. The department and the board are seeking public comments on the review of any issue relating to the regulations including whether (i) the regulations are effective in achieving their goals; (ii) the regulations are essential to protect the health, safety, or welfare of citizens or for the economical performance of important governmental functions; (iii) there are availa ble alternatives for achieving the purpose of the regulations; (iv) there are less burdensome and less intrusive alternatives fo r achieving the purpose of the regulations; and (v) the regulations are clearly written and easily understandable by the affected persons. In addition, the department and the board are seeking public comments on ways to minimize the economic impact on small businesses in a manner consistent with the purpose of the regulations. The specific portions of the regulation being reviewed are as follows: Part II, Emission Standards Article 5, Synthesized Pharmaceutical Products Manufacturing Operations Article 6, Rubber Tire Manufacturing Operations Article 7, Incinerators Article 9, Coke Ovens Article 10, Asphalt Concrete Plants Article 11, Petroleum Refinery Operations Article 12, Chemical Fertilizer Manufacturing Operations Article 13, Kraft Pulp Mills Article 14, Sand-Gravel Processing; Stone Quarrying and Processing Article 16, Portland Cement Plants Article 17, Woodworking Operations Article 18, Primary and Secondary Metal Operations Article 19, Lightweight Aggr egate Process Operations Article 20, Feed Manu facturing Operations Article 21, Sulfuric Acid Production Units Article 22, Sulfur Recovery Operations Article 23, Nitric Acid Production Units Article 24, Solvent Metal Cleaning Operations Article 25, Volatile Organic Co mpound Storage and Transfer Operations Article 26, Large Appliance Coating Application Systems Article 27, Magnet Wire Coating Application Systems Article 29, Can Coating Application Systems Article 30, Metal Coil Coating Application Systems Article 31, Paper and Fabric Coating Application Systems Article 32, Vinyl Coating Application Systems Article 33, Metal Furniture Coating Application Systems Article 34, Miscellaneous Metal Parts and Products Coating Application Systems Article 35, Flatwood Paneling Coating Application Systems Article 36, Graphic Arts Printing Processes Article 37, Petroleum Liquid Storage and Transfer Operations Article 39, Asphalt Paving Operations The regulations may be viewed on the DEQ air regulation webpage: http://www.deq.state.va.us/ air/reg ulations/airregs.html

. Th e purpose of the regulations is to control emissions from specific types of existing stati onary sources to protect human health and the environment. Section 10.1-1308 of the Code of Virginia requires that these regulations be promulgated. These regulations are designed to protect public health and welfare with the least possible costs and intrusiveness to the citizens and businesses of the Commonwealth and to provide the necessary procedures and rules by which the statute may be administered. Comments on the above regula tions will be accepted until June 28, 2011. Comments should be sent to Karen G. Sabasteanski, Policy Analyst, Office of Regulatory Affairs, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218 (deliveries can be made to 629 East Main Street, Richmond, VA 23219), telephone ( 804) 698- 4 426 , FAX ( 804) 698-4510 , email karen.sabasteanski@deq.virginia.gov . Please include your ful l name and mailing address when providing public
comment.

Public Comment Period - Proposed State Implementation Plan Revision Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP). The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation to the EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act. Regulations affected: The regulati ons of the board affected by this action are as follows: 9VAC5-20-21, Documents Incorporated by Reference, and 9VAC5-30, Ambient Air Quality Standards (Revision H10). 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: June 6, 2011, to July 7, 2011.

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Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order to be considered, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be announced in a separate notice, and another 30-day comment period will be conducted. Public comment stage: The regulation amendments are exempt from the state administ rative 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 becau se 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 are exempt from administrative procedures for the adoption of regulations, DEQ is accepting comment only on the issue cited in this notice under "purpose of notice" and not on the content of the regulation amendments. Description of proposal: In essence, the proposed revision will consist of amendments to existing regulation provisions concerning the ambient air quality standard for sulfur oxides. The major provisions of the proposal are: (i) Appendix A-1 to 40 CFR Part 50 has been added to the federal documents incorporated by reference list; (ii) Appendix A to 40 CFR Part 50 has been renamed as Appendix A-2 in the federal documents incorporated by reference list; (iii) Appendix T to 40 CFR Part 50 has been added to the federal documents incorporated by reference list; (iv) a new ambient air quality standard for SO 2 has been added to 9VAC5-30-30 A; (v) provision has been made for the existing primary standards to no longer apply to an area in 9VAC5-30-30 A; (vi) use of the reference methods in Appendices A-1 and A-2 to 40 CFR Part 50 has been specified in 9VAC5-30-30 C; and (vii) data requirements for demonstrating attainment of the new standard have been added as 9VAC5-30-30 D. Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. The proposal will be submitted as a revision to the Commonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP. How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. Commenters submitting faxes are encouraged to provide the signed original by postal mail within one week. All testimony, exhibits, and documents received are part of the public record. To review regulation documents: The proposal and any supporting documents are available on the DEQ Air Public Notices for Plans website ( http://www.deq.state.va.us/air/permitting/planotes.html ). The doc uments may also be obtained by contacting the DEQ representative listed. The public may review the documents between 8:30 a.m. and 4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations: 1) Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698-4070, 2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (540) 676-4800, 3) Blue Ridge Regional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562- 6700, 4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone (804) 582- 5120, 5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574-7800, 6) Piedmont Regional Office, 4949-A Cox Road, Glen Allen, VA, telephone (804) 527-5020, 7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583-3800, and 8) Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA, telephone (757) 518-2000. Contact Information: Gary E. Graham, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, or FAX (804) 698-4510, or email gary.graham@deq.virginia.gov.

DEPARTMENT OF ENVIRONMENTAL QUALITY

Proposed Consent Order for Baltimore Tank Lines, Inc. An enforcement action has been proposed for Baltimore Tank Lines, Inc. for alleged violations in Fairfax County. The action seeks to resolve the unaut horized discharge of oil to state waters. The consent order describes a settlement to resolve these violations. A description of the proposed action is available at the DEQ office named below or online at www.deq.virginia.gov. Daniel Burstein will accept comments by email at daniel.burstein@deq.virginia.gov, FAX at (703) 583-3821, or postal mail at Department of Environmental Quality, Northern Regional Office, 13901 Crown Court, Woodbridge, VA 22193, from June 7, 2011, through July 7, 2011.

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counties and cities where there is an overabundance of the deer population, which is creating conflicts between humans and deer, including safety hazards to motorists. In accordance with § 29.1-528.1 B of the Code of Virginia, no such ordinance shall be enforceable unless the governing body of the locality notifies the director by registered mail prior to May 1 of the year in which the ordinance is to take effect.

Model Ordinance 1:

The times at which hunting shall commence and end each day shall be in accordance with the provisions of § 29.1- 520 of the Code of Virginia.

Model Ordinance 2:

The number of deer that can be taken shall be in accordance with bag limits established by the Board of Game and Inland Fisheries pursuant to §§ 29.1-501 and 29.1-502 of the Code of Virginia.

Model Ordinance 3:

No person shall discharge a bow and arrow from, over, or across any street, sidewalk, alley, roadway, or toward any building or dwelling in such a manner that an arrow may strike it. Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.

Model Ordinance 4:

It shall be unlawful to discharge a bow and arrow in a manner that can be reasonably expected to result in the impact of the arrow upon the property of another without permission from the owner or tenant of such property. Any person who violates the provisions of this ordinance shall be guilty of a Class 3 misdemeanor.

VA.R. Doc. No. R11-2802; Filed April 6, 2011, 11:11 a.m.



#  

# –––––––––––––––––– 

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrativ e 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.
Titles of Regulations: 9VAC5-20. General Provisions (amending 9VAC5-20-21). 9VAC5-30. Ambient Air Qua lity Standards (amending 9VAC5-30-30). Statutory Authority: § 10.1-1308 of the Code of Virginia.

Effective Date: May 25, 2011. Agency Contact: Gary E. Graham, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4103, FAX (804) 698-4510, or email gary.graham@deq.virginia.gov. Summary: 9VAC5-30 contains the national ambient air quality standards (NAAQS) for the specific criteria pollutants set out in 40 CFR Part 50. Incorporation of the NAAQS into the state regulations is necessary to provide a legally enforceable means by which the state prepares attainment and maintenance plans, and determines whether a new source will affect the NAAQS. The primary standard for sulfur dioxide (SO 2 ) was revised to add a new 1-hour annual standard of 75 parts per billion (ppb) and to add testing and monitoring requirements for the new standard.

9VAC5-20-21 . Documents incorpor ated by reference.

A. The Administrative Process Act and Virginia Register Act provide that state regulati ons may incorporate documents by reference. Throughout these regulations, documents of the types specified below have been incorporated by reference.

1. United States Code. 2. Code of Virginia. 3. Code of Federal Regulations. 4. Federal Register.

5. Technical and scientific reference documents. Additional information on key federal regulations and nonstatutory documents incorporated by reference and their availability may be found in subsection E of this section.

B. Any reference in these regulations to any provision of the Code of Federal Regulations (CFR) shall be considered as the adoption by reference of that provision. The specific version of the provision adopted by reference shall be that contained in the CFR (2010) in effect July 1, 2010. In making reference to the Code of Federal Regulations, 40 CFR Part 35 means Part 35 of Title 40 of the Code of Federal Regulations; 40 CFR 35.20 means § 35.20 in Part 35 of Title 40 of the Code of Federal Regulations.

C. Failure to include in this section any document referenced in the regulations shall not invalidate the applicability of the referenced document.

D. Copies of materials incorp orated by reference in this section may be examined by the public at the central office of the Department of Environmental Quality, Eighth Floor, 629

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East Main Street, Richmond, Vi rginia, between 8:30 a.m. and 4:30 p.m. of each business day.

E. Information on federal regulations and nonstatutory documents incorporated by reference and their availability may be found below in this subsection. 1. Code of Federal Regulations.

a. The provisions specified below from the Code of Federal Regulations (CFR) are incorporated herein by reference. (1) 40 CFR Part 50-National Primary and Secondary Ambient Air Quality Standards. (a) Appendix A-1 -- Refere nce Measurement Principle and Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere (Ultraviolet Fluorescence Method). (a) Appendix A

-- (b) Appendix A-2 -- Reference Method for the Determination of Sulfur Dioxide in the Atmosphere (Pararosaniline Method).
(b) (c) Appendix B -- Reference Method for the Determination of Suspended Particulate Matter in the Atmosphere (High-Volume Method).
(c) (d) Appendix C -- Measurement Principle and Calibration Procedure for th e Continuous Measurement of Carbon Monoxide in the Atmosphere (Non-Dispersive Infrared Photometry).
(d) (e) Appendix D -- Measurement Principle and Calibration Procedure for the Measurement of Ozone in the Atmosphere.
(e) (f) Appendix E -- Reserved.
(f) (g) Appendix F -- Measurement Principle and Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase Chemiluminescence). (g) (h) Appendix G -- Reference Method for the Determination of Lead in Suspended Particulate Matter Collected from Ambient Air.
(h) (i) Appendix H -- Interpretation of the National Ambient Air Quality Standards for Ozone.
(i) (j) Appendix I -- Interpretation of the 8-Hour Primary and Secondary National Ambient Air Quality Standards for Ozone. (j) (k) Appendix J -- Reference Method for the Determination of Particulate Matter as PM 10 in the Atmosphere.
(k) (l) Appendix K -- Interpretation of the National Ambient Air Quality Standards for Particulate Matter. (l) (m) Appendix L - Reference Method for the Determination of Fine Particulate Matter as PM 2.5 in the Atmosphere.
(m) (n) Appendix M - Reserved.
(n) (o) Appendix N - Interpretation of the National Ambient Air Quality Standards for PM 2.5 . (o) (p) Appendix O - Reference Method for the Determination of Coarse Particulate Matter as PM in the Atmosphere. (p) (q) Appendix P - Interpretation of the Primary and Secondary National Ambient Air Quality Standards for Ozone. (q) (r) Appendix Q - Reference Method for the Determination of Lead in Suspended Particulate Matter as PM 10 Collected from Ambient Air.
(r) (s) Appendix R - Interpretation of the National Ambient Air Quality Standards for Lead.
(s) (t) Appendix S - Interpretation of the Primary National Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide). (u) Appendix T - Interpretation of the Primary National Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide). (2) 40 CFR Part 51 -- Requirements for Preparation, Adoption, and Submittal of Implementation Plans. (a) Appendix M -- Recommended Test Methods for State Implementation Plans. (b) Appendix S -- Emission Offset Interpretive Ruling. (c) Appendix W -- Guideline on Air Quality Models (Revised). (d) Appendix Y - Guidelines for BART Determinations Under the Regional Haze Rule.
(3) 40 CFR Part 55 -- Outer Continental Shelf Air Regulations. (4) 40 CFR Part 58 -- Ambient Air Quality Surveillance. Appendix A - Quality Assurance Requirements for SLAMS, SPMs and PSD Air Monitoring. (5) 40 CFR Part 59 -- National Volatile Organic Compound Emission Standards for Consumer and Commercial Products. (a) Subpart C - National Volatile Organic Compound Emission Standards for Consumer Products. (b) Subpart D - National Volatile Organic Compound Emission Standards for Architectural Coatings, Appendix A -- Determination of Volatile Matter Content of

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Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings.
(6) 40 CFR Part 60 -- Standards of Performance for New Stationary Sources. The specific provisions of 40 CFR Part 60 incorporated by reference are found in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5-50 (New and Modified Sources).
(7) 40 CFR Part 61 -- National Emission Standards for Hazardous Air Pollutants. The specific provisions of 40 CFR Part 61 incorporated by reference are found in Article 1 (9VAC5-60-60 et seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources).
(8) 40 CFR Part 63 -- National Emission Standards for Hazardous Air Pollutants for Source Categories. The specific provisions of 40 CFR Part 63 incorporated by reference are found in Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant Sources). (9) 40 CFR Part 64, Compliance Assurance Monitoring. (10) 40 CFR Part 72, Permits Regulation. (11) 40 CFR Part 73, Sulfur Dioxide Allowance System. (12) 40 CFR Part 74, Sulfur Dioxide Opt-Ins. (13) 40 CFR Part 75, Continuous Emission Monitoring. (14) 40 CFR Part 76, Acid Rain Nitrogen Oxides Emission Reduction Program.
(15) 40 CFR Part 77, Excess Emissions. (16) 40 CFR Part 78, Appeal Procedures for Acid Rain Program. (17) 40 CFR Part 152 Subpart I, Classification of Pesticides.
(18) 49 CFR Part 172, Hazardous Materials Table. Special Provisions, Hazardous Materials Communications, Emergency Response Information, and Training Requirements, Subpart E, Labeling. (19) 29 CFR Part 1926 Subpart F, Fire Protection and Prevention. b. Copies may be obtained from: Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954; phone (202) 783-3238. 2. U.S. Environmental Protection Agency.

a. The following documents from the U.S. Environmental Protection Agency are incorporated herein by reference: (1) Reich Test, Atmospheric Emissions from Sulfuric Acid Manufacturing Processes, Public Health Service Publication No. PB82250721, 1980.(2) Compilation of Air Pollutant Emission Factors (AP42). Volume I: Stationary and Area Sources, stock number 055-000-00500-1, 1995; Supplement A, stock number 055-000-00551-6, 1996; Supplement B, stock number 055-000-00565, 1997; Supplement C, stock number 055-000-00587-7, 1997; Supplement D, 1998; Supplement E, 1999. (3) "Guidelines for Determining Capture Efficiency" (GD-35), Emissions Monitoring and Analysis Division, Office of Air Quality Planning and Standards, January 9, 1995. b. Copies of the document identified in subdivision E 2 a (1) of this subdivision, and Volume I and Supplements A through C of the document identified in subdivision E 2 a (2) of this subdivision, may be obtained from: U.S. Department of Commerce, National Technical Information Service, 5285 Port Royal Road, Springfield, Virginia 22161; phone 1-800-553-6847. Copies of Supplements D and E of the document identified in subdivision E 2 a (2) of this subdivision may be obtained online from EPA's Technology Transfer Network at http://www.epa.gov/ttn/index.html. Copies of the document identified in subdivision E 2 a (3) of this subdivision are only available online from EPA's Technology Transfer Network at http://www.epa.gov/ttn/emc/guidlnd.html. 3. U.S. government.

a. The following document from the U.S. government is incorporated herein by refe rence: Standard Industrial Classification Manual, 1987 (U.S. Government Printing Office stock number 041-001-00-314-2). b. Copies may be obtained from: Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954; phone (202) 512-1800. 4. American Society for Te sting and Materials (ASTM).

a. The documents specified below from the American Society for Testing and Materi als are incorporated herein by reference. (1) D323-99a, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)."
(2) D97-96a, "Standard Test Method for Pour Point of Petroleum Products."
(3) D129-00, "Standard Test Method for Sulfur in Petroleum Products (General Bomb Method)." (4) D388-99, "Standard Classification of Coals by Rank." (5) D396-98, "Standard Specification for Fuel Oils."

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(6) D975-98b, "Standard Speci fication for Diesel Fuel Oils."
(7) D1072-90(1999), "Standard Test Method for Total Sulfur in Fuel Gases." (8) D1265-97, "Standard Practice for Sampling Liquefied Petroleum (LP) Gases (Manual Method)."
(9) D2622-98, "Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry."
(10) D4057-95(2000), "Standard Practice for Manual Sampling of Petroleum an d Petroleum Products."
(11) D4294-98, "Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy-Dispersive X-Ray Fluorescence Spectroscopy." (12) D523-89, "Standard Test Method for Specular Gloss" (1999). (13) D1613-02, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products" (2002). (14) D1640-95, "Standard Test Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature" (1999).
(15) E119-00a, "Standard Test Methods for Fire Tests of Building Construction Materials" (2000).
(16) E84-01, "Standard Test Method for Surface Burning Characteristics of Building Construction Materials" (2001). (17) D4214-98, "Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films" (1998).
(18) D86-04b, "Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure" (2004). (19) D4359-90, "Standard Test Method for Determining Whether a Material is a Liqu id or a Solid" (reapproved 2000).
(20) E260-96, "Standard Pr actice for Packed Column Gas Chromatography" (reapproved 2001).
(21) D3912-95, "Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants" (reapproved 2001).
(22) D4082-02, "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants." (23) F852-99, "Standard Specification for Portable Gasoline Containers for Consumer Use" (reapproved 2006). (24) F976-02, "Standard Specification for Portable Kerosine and Diesel Contai ners for Consumer Use."
(25) D4457-02, "Standard Test Method for Determination of Dich loromethane and 1,1,1- Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph" (reapproved 2008).
(26) D3792-05, "Standard Test Method for Water Content of Coatings by Di rect Injection Into a Gas Chromatograph." (27) D2879-97, "Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope" (reapproved 2007). b. Copies may be obtained from: American Society for Testing Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959; phone (610) 832-9585.
5. American Petroleum Institute (API).

a. The following document fr om the American Petroleum Institute is incorporated herein by reference: Evaporative Loss from Floating Roof Tanks, API MPMS Chapter 19, April 1, 1997. b. Copies may be obtained from: American Petroleum Institute, 1220 L Street, Northwest, Washington, D.C. 20005; phone (202) 682-8000.

6. American Conference of Governmental Industrial Hygienists (ACGIH).

a. The following document from the ACGIH is incorporated herein by reference: 1991-1992 Threshold Limit Values for Chemical Substances and Physical Agents and Biological Exposure Indices (ACGIH Handbook). b. Copies may be obtained from: ACGIH, 1330 Kemper Meadow Drive, Suite 600, Cincinnati, Ohio 45240; phone (513) 742-2020.
7. National Fire Prevention Association (NFPA).

a. The documents specified be low from the National Fire Prevention Association are incorporated herein by reference.
(1) NFPA 385, Standard for Tank Vehicles for Flammable and Combustible Liquids, 2000 Edition. (2) NFPA 30, Flammable and Combustible Liquids Code, 2000 Edition. (3) NFPA 30A, Code for Motor Fuel Dispensing Facilities and Repair Garages, 2000 Edition. b. Copies may be obtained from the National Fire Prevention Association, One Batterymarch Park, P.O.

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Box 9101, Quincy, Massachusetts 02269-9101; phone (617) 770-3000. 8. American Society of M echanical Engineers (ASME).

a. The documents specified below from the American Society of Mechanical Engin eers are incorporated herein by reference.
(1) ASME Power Test Codes: Test Code for Steam Generating Units, Power Test Code 4.1-1964 (R1991). (2) ASME Interim Supplement 19.5 on Instruments and Apparatus: Application, Part II of Fluid Meters, 6th edition (1971).
(3) Standard for the Qualification and Certification of Resource Recovery Facility Operators, ASME QRO-1- 1994. b. Copies may be obtained from the American Society of Mechanical Engineers, Three Park Avenue, New York, New York 10016; phone (800) 843-2763. 9. American Hospital Association (AHA).

a. The following document fro m the American Hospital Association is incorporated herein by reference: An Ounce of Prevention: Waste Reduction Strategies for Health Care Facilities, AHA Catalog no. W5-057007, 1993. b. Copies may be obtained from: American Hospital Association, One North Franklin, Chicago, IL 60606; phone (800) 242-2626. 10. Bay Area Air Quality Management District (BAAQMD).

a. The following documents from the Bay Area Air Quality Management District are incorporated herein by reference: (1) Method 41, "Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride" (December 20, 1995).
(2) Method 43, "Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials" (November 6, 1996). b. Copies may be obtained from: Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA 94109, phone (415) 771-6000. 11. South Coast Air Quality Management District (SCAQMD).

a. The following documents from the South Coast Air Quality Management District are incorporated herein by reference: (1) Method 303-91, "Determination of Exempt Compounds," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996). (2) Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996). (3) Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991). (4) Method 304-91, "Determination of Volatile Organic Compounds (VOC) in Various Materials," in Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement Samples" (1996). (5) Method 316A-92, "Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings" in Manual SSMLLABM, "Laboratory Methods of Analysis for Enfor cement Samples" (1996). (6) "General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems," October 3, 1989. b. Copies may be obtained from: South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, phone (909) 396-2000.
12. California Air Resources Board (CARB).

a. The following documents from the California Air Resources Board are incorporated herein by reference:
(1) Test Method 510, "Automatic Shut-Off Test Procedure for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).
(2) Test Method 511, "Automatic Closure Test Procedure for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).
(3) Method 100, "Procedures for Continuous Gaseous Emission Stack Sampling" (July 28, 1997).
(4) Test Method 513, "Determination of Permeation Rate for Spill-Proof Systems" (July 6, 2000). (5) Method 310, "Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products (Including Appendices A and B)" (May 5, 2005). (6) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003). (7) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 2, §§ 94509 and 94511 (2003).

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(8) California Code of Regulations, Title 17, Division 3, Chapter 1, Subchapter 8.5, Article 4, §§ 94540-94555 (2003).
(9) "Certification Procedure 501 for Portable Fuel Containers and Spill-Proof Spouts, CP-501" (July 26, 2006).(10) "Test Procedure for Determining Integrity of SpillProof Spouts and Spill-Proof Systems, TP-501" (July 26, 2006). (11) "Test Procedure for Determining Diurnal Emissions from Portable Fuel Containers, TP-502" (July 26, 2006). b. Copies may be obtained from: California Air Resources Board, P.O. Bo x 2815, Sacramento, CA 95812, phone (906) 322-3260 or (906) 322-2990.

13. American Architectural Manufacturers Association.

a. The following documents from the American Architectural Manufacturers As sociation are incorporated herein by reference: (1) Voluntary Specification 2604-02, "Performance Requirements and Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and Panels" (2002). (2) Voluntary Specification 2605-02, "Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels" (2002). b. Copies may be obtained from: American Architectural Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL 60173, phone (847) 303- 5664.

14. American Furniture Manufacturers Association.

a. The following document fro m the American Furniture Manufacturers Association is incorporated herein by reference: Joint Industry Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric Standards and Guidelines (January 2001). b. Copies may be obtained from: American Furniture Manufacturers Association, P.O. Box HP-7, High Point, NC 27261; phone (336) 884-5000.
9VAC5-30-30. Sulfur oxides (sulfur dioxide).

A. The primary ambient air quality standards are as follows:

1. The annual ambient air quality standard is 80 micrograms per cubic meter (0.030 parts per million) -- annual arithmetic mean not to be exceeded in a calendar year. The annual arithmetic mean shall be rounded to three decimal places (fractional parts equal to or greater than 0.0005 ppm shall be rounded up). 2. The 24-hour ambient air quality standard is 365 micrograms per cubic meter (0.14 parts per million) -- maximum 24-hour concentrati on not to be exceeded more than once per calendar year. The 24-hour averages shall be determined from successive nonoverlapping 24-hour blocks starting at midnight each calendar day and shall be rounded to two decimal places (fractional parts equal to or greater than 0.005 ppm shall be rounded up). 3. The 1-hour annual ambient air quality standard is 75 parts per billion (ppb), measured in the ambient air as sulfur dioxide (SO 2 ). The 1-hour primary standard is met when the three-year average of the annual (99th percentile) of the daily maximum 1-hour average concentrations is less than or equal to 75 ppb, as determined in accordance with Appendix T of 40 CFR Part 50. 4. The annual and 24-hour ambient air quality standards set forth in subdivisions 1 and 2 of this subsection shall no longer apply to an area one year after the effective date of designation of that area pursuant to § 107 of the federal Clean Air Act for the 1-hour annual ambient air quality standard set forth in subdivision 3 of this subsection. B. The secondary ambient air quality standard is 1,300 micrograms per cubic meter (0.50 parts per million) -- maximum three-hour concentrati on not to be exceeded more than once per calendar year. The 3-hour averages shall be determined from successive nonoverlapping 3-hour blocks starting at midnight each calendar day and shall be rounded to one decimal place (fractional part s equal to or greater than 0.05 ppm shall be rounded up).

C. Sulfur dioxide shall be measured by the reference method described in Appendix A A-1 or A-2 of 40 CFR Part 50, or other method designated as such, or by an equivalent method.

D. To demonstrate attainment of the annual and 24-hour primary standard standards set forth in subdivisions A 1 and 2 of this section , the annual arithmetic mean and the secondhighest 24-hour averages must be based upon hourly data that are at least 75% complete in each calendar quarter. A 24-hour block average shall be considered valid if at least 75% of the hourly averages for the 24-hou r period are available. In the event that only 18, 19, 20, 21, 22, or 23 hourly averages are available, the 24-hour block aver age shall be computed as the sum of the available hourly averages using 18, 19, and so on as the divisor. If fewer than 18 hourly averages are available, but the 24-hour average woul d exceed the level of the standard when zeros are substituted for the missing values, subject to the rounding rule of subdivision A 2 of this section, then this shall be considered a valid 24-hour average. In this case, the 24-hour block average shall be computed as the sum of the available hourly averages divided by 24. Data used for demonstrating attainment of the 1-hour annual primary standard set forth in subdivision A 3 of this section shall meet the requirements of Appendix T of 40 CFR Part 50.

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E. To demonstrate attainment of the secondary standard, the second-highest 3-hour average must be based upon hourly data that are at least 75% complete in each calendar quarter. A 3-hour block average shall be considered valid only if all three hourly averages for the 3- hour period are available. If only one or two hourly averages are available, but the 3-hour average would exceed the level of the standard when zeros are substituted for the missing values, subject to the rounding rule of subsection B of this section, then this shall be considered a valid 3-hour aver age. In all cases, the 3-hour block average shall be computed as the sum of the hourly averages divided by three.

VA.R. Doc. No. R11-2700; Filed April 4, 2011, 12:12 p.m. Final Regulation

REGISTRAR'S NOTICE: The following regulation filed by the State Air Pollution Control Board is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 8 of the Code of Virginia, which exempts general permits issued by the State Air Pollution Control Board pursuant to Chapter 13 (§ 10.1-1300 et seq.) of Title 10.1, if the board (i) provides a Notice of Intended Regulatory Action in conformance with the provisions of § 2.2-4007.01, (ii) following the passage of 30 days from the publication of the Notice of Intended Regulatory Action forms a technical advisory committee composed of relevant stakeholders, including potentially affected citizens groups, to assist in the development of the general permit, (iii) provides notice and receives oral and written comment as provided in § 2.2- 4007.03, and (iv) conducts at least one public hearing on the proposed general permit.
Title of Regulation: 9VAC5-520. Biomass Energy Generator General Permit for a Pilot Test Facility (Rev. Cg) (adding 9VAC5-520-10 through 9VAC5-520-230). Statutory Authority: § 10.1-1308.1 of the Code of Virginia; § 110(a) of the federal Clean Air Act; 40 CFR Part 51.

Effective Date: May 25, 2011. Agency Contact: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, or email memajor@deq.virginia.gov. Summary: The regulation creates a mechanism for sources to construct and test to determine the type and quantity of emissions from a qualified energy generator that meets the requirements of the regulation. It applies to qualified energy generators that generate no more than five megawatts of electricity, or produce the equivalent amount of energy in the form of fuel, steam, or other energy product per year from biomass. Biomass includes organic material available on a renewable or recurring basis, including: 1. Forest-related materials, including mill residues,logging residues, forest thinnings, slash, brush, lowcommercial value materials or undesirable species, and woody material harvested for the purpose of forest fire fuel reduction or forest health and watershed improvement; 2. Agricultural-related materials, including orchard trees, vineyard, grain or crop residues, including straws, aquatic plants and agricultural processed co-products and waste products, including fats, oils, greases, whey, and lactose; 3. Animal waste, including manure and slaughterhouse and other processing waste; 4. Solid woody waste materials, including landscape trimmings, waste pallets, crates and manufacturing, construction, and demolition wood wastes, excluding pressure-treated, chemically treated or painted wood wastes and wood contaminated with plastic; 5. Crops and trees planted for the purpose of being used to produce energy; 6. Landfill gas, wastewater treatment gas, and biosolids, including organic waste byproducts generated during the wastewater treatment process; and 7. Municipal solid waste, excluding tires and medical and hazardous waste. The regulation does not require any owner to apply for coverage under the general permit but provides the opportunity for an owner to apply for coverage if the source meets the requirements of the regulation. Since publication of the proposed regulation, the timeframe for completion of testing under 9VAC5-520-180 has been extended to 15 days. Other changes were made for clarification or technical correction.

CHAPTER 520 BIOMASS ENERGY GENERATOR GENERAL PERMIT FOR A PILOT TEST FACILITY

Part I Definitions

9VAC5-520-10. General.

A. For the purpose of this chapter or any orders issued by the board, the words or terms shall have the meanings given them in 9VAC5-510-20.

B. Unless specifically defined in the Virginia Air Pollution Control Law or in this chapter, terms used shall have the [ meaning meanings ] given them by 9VAC5-80-1110 (Permits for New and Modified Stationary Sources), 9VAC5- 10-20 (Regulations for the Control and Abatement of Air Pollution), or 9VAC5-170-20 (Regulation for General

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