L. Preston Bryant, Jr. 

Secretary of Natural Resources 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Street address: 629 East Main Street, Richmond, Virginia 23219 

Mailing address: P.O. Box 1105, Richmond, Virginia 23218 

Fax (804) 698-4500 TDD (804) 698-4021 

www.deq.virginia.gov 

NOV 13 2007 

Ms. Judith M. Katz, Director 

Air Protection Division (3APOO) 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

David K. Paylor 

Director 

(804) 698-4000 

1-800-592-5482 

Reference: Certification of 

§110(a)(2)(D)(i) Requirements 

for 8-Hour Ozone and PM2.5 

Dear Ms. Katz: 

Pursuant to the requirements of § 11 0 of the Clean Air Act, we are officially requesting 

approval of a revision to the Commonwealth of Virginia State Implementation Plan adopted 

under the authority of§ 10.1-1185 of the Code of Virginia and submitted in accordance with the 

requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption, and Submittal of 

Implementation Plans). 

This revision consists of a certification that Virginia has met or intends to meet the 

requirements§ 110(a)(2)(D)(i) of the federal Clean Air Act related to interstate pollution 

transport for the 8-hour ozone and PM2.5 National Ambient Air Quality Standards (NAAQS). 

Enclosed are the following: 

1. SIP revision. 

2. Certification of public participation activities and compliance with state 

administrative procedures. 
3. Record of hearing and summary of testimony. 

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

DKP\RAM\kgs 

TEMPLATES\SIP-PLAN\PLNOO 

SIP\MISC\ND-SIP .DOC 

Enclosures 

David K. Paylor 
1

ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE IMPLEMENTATION PLAN REVISION

FOR

CERTIFICATION OF § 110(a)(2)(D)(i) REQUIREMENTS

FOR THE 8-HOUR OZONE AND PM2.5

NATIONAL AMBIENT AIR QUALITY STANDARDS

This document is being submitted as a revision to the State Implementation Plan (SIP)

for the Commonwealth of Virginia to certify that it is meeting the requirements of the 

federal Clean Air Act related to interstate pollution transport for the 1997 8-hour ozone 

and PM2.5 National Ambient Air Quality Standards (NAAQS). As discussed below, this 

SIP submission is consistent with the August 15, 2006 William T. Harnett memorandum, 

“Guidance for State Implementation Plan (SIP) Submissions to Meet Current 

Outstanding Obligations Under Section 110(a)(2)(D)(i) for the 8-Hour Ozone and PM2.5

NAAQS.”

Section 110(a)(1) of the federal Clean Air Act provides that states must adopt and 

submit SIPs to the EPA within 3 years after the promulgation of a new or revised 

NAAQS, meeting the provisions of §110(a)(2). Therefore, SIP submissions addressing

the requirements related to §110(a)(2) for the 8-hour ozone and the PM2.5 NAAQS 

were due no later than July 2000. Due to litigation of both the 8-hour ozone and the 

PM2.5 NAAQS, the Commonwealth did not submit a SIP submission to satisfy the 

§110(a)(2) requirements by July 2000. EPA published a finding of failure to submit in 

the Federal Register on April 25, 2005 (70 FR 21147), with an effective date of May 25, 

2005. The Federal Register notice started a 2-year clock that ended on May 25, 2007, 

for EPA to issue a Federal Implementation Plan (FIP) to address the interstate pollution 

transport requirements called for under § 110(a)(2)(D)(i) if states fail to submit the 

required SIP submittal. Note that the Clean Air Interstate Rule (CAIR) FIP was

promulgated in part to meet this requirement. On August 15, 2006, a memorandum 

was issued by William T. Harnett, “Guidance for State Implementation Plan (SIP) 

Submissions to Meet Current Outstanding Obligations Under Section 110(a)(2)(D)(i) for 

the 8-Hour Ozone and PM 2.5 NAAQS,” in order to provide guidance to states for 

meeting the § 110(a)(2)(D)(i) requirements.

Section 110(a)(2)(D)(i) of the federal Clean Air Act requires each state to submit a SIP 

that contains adequate provisions:

(i) prohibiting . . . any source or other type of emissions activity within the State from emitting any 

air pollutant in amounts which will -

(I) contribute significantly to nonattainment in, or interfere with maintenance by, any other 

State with respect to any such national primary or secondary air quality standard, or

(II) interfere with measures required to be included in the applicable implementation plan 

for any other State under Part C to prevent significant deterioration of air quality or to protect 

visibility.

These specific requirements, and how the Commonwealth has met these requirements, 

is discussed in detail below.
2

Interstate Transport

Virginia is covered by CAIR for annual and seasonal ozone, and for sulfur dioxide. The 

Harnett memorandum advises that states covered by CAIR can comply with 

§110(a)(2)(D)(i) obligations relating to “significant contribution” and “interference with 

maintenance” requirements by complying with the CAIR requirements. The 

memorandum advises that that states within the CAIR region need not submit a 

separate SIP revision to satisfy the § 110(a)(2)(D)(i) requirements provided that they 

submit a SIP revision to satisfy CAIR. Virginia submitted a CAIR SIP to EPA on March 

30, 2007 and is therefore not required, as spelled out in the Harnett memorandum, to 

make this particular SIP submittal.

New Source Review

With respect to nonattainment and prevention of significant deterioration (PSD) new 

source review (NSR), the Harnett memorandum advises that a state may fulfill its 

§110(a)(2)(D)(i) requirements by confirming that (i) major stationary sources for 8-hour 

ozone and PM2.5 are currently subject to nonattainment and PSD NSR permitting 

programs, and that it is on track to meet the SIP requirements to address the Phase II 

ozone implementation rule requirements; and (ii) major sources are subject to 

nonattainment and PSD NSR permitting programs implemented in accordance with 

EPA’s interim guidance calling for use of PM10 as a surrogate for PM2.5 related to the

nonattainment and PSD NSR program requirements.

Virginia confirms that (i) major stationary sources for 8-hour ozone and PM2.5 are 

currently subject to nonattainment and PSD NSR permitting programs, and that it will

submit SIPs to address the Phase II ozone implementation rule requirements; and (ii) 

major sources are subject to nonattainment and PSD NSR permitting programs 

implemented in accordance with EPA’s interim guidance calling for use of PM10 as a 

surrogate for PM2.5 related to the nonattainment and PSD NSR program requirements.

Visibility

The Harnett memorandum advises that the §110(a)(2)(D)(i) requirement related to 

protection of visibility is deferred until such time as the state submits its regional haze 

SIP. Virginia’s regional haze SIP will assess whether there is interference with 

measures required to be included in the applicable implementation plan for any other 

state to protect visibility.

Conclusion

The Commonwealth of Virginia confirms that it meets requirements of §110(a)(2)(D)(i) 

of the federal Clean Air Act for the 8-hour ozone and PM2.5 NAAQS, and does not 

significantly contribute to nonattainment or interference with maintenance of the NAAQS 

in another state.
ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102(f) and Section 2.1(b) and (d) through (g) 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 hearing to accept public testimony concerning a 

proposed revision to the Commonwealth of Virginia State Implementation Plan was 

held in the First Floor Conference Room, Department of Environmental Quality, 629 

East Main Street, Richmond, Virginia, at 9:00 a.m. on October 17, 2007.

In the State Capital Intrastate Air Quality Control Region, the public was given notice of 

the hearing in the Richmond Times-Dispatch on September 13, 2007 (copy attached). 

Similar notices were placed in at least one paper of general circulation in each of 

Virginia's other Air Quality Control Regions. As required by Section 2.1(g) of Appendix 

V of 40 CFR Part 51, the hearing was held in accordance with the information found in 

the public notice, and according to the state's laws.

The Regional Administrator for the U.S. Environmental Protection Agency was notified

of the hearing, as was each local air pollution control agency which will be significantly 

impacted 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 hearing. These 

notifications follow the requirements of 40 CFR Part 51.102(d).

The complete record of the hearings, along with any testimony received and responses 

thereto, is located at the Office of Air Regulatory Development of the Department of 

Environmental Quality. The Department contact to access this information is the 

Director, Office of Air Regulatory Development. A summary of the testimony received 

and responses thereto is attached.

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by § 2.2-4031 of the Code of Virginia, notice of the hearing was given to the 
public in the Virginia Register on October 1, 2007 (copy attached).

TEMPLATES\SIP-PLAN\PLN02

SIP\MISC\ND-SIP-2.DOC
i~icbmonb ~imes-ilispatcl) 

Advertising Affidavit Account Number 

3014362 

Date P.O Box 85333 

Richmond, Virginia 23293-0001 

(804) 649-6208 September 20, 2007 

COVD DEQ 

Attn: ACCOUNTS PAYABLE 

C/0 WATER PERMIT PROGRAMS 

629 E MAIN STREET 

RICHMOND. VA 23219 

Date Category 

09/13/2007 Legal Notices 

Description Ad Size 

Public Notice - Air Quality Plan Notice 2x110L 

Pubr~e Notice· ·r Quality Plan Media General Operations, Inc. 

Notice of lldlon: The Department of Environmental Quality (OEQ) is announcing an opportunity 

for public comment on a proposed plan to attain 

and maintain the national ambient air quality standard for ozone and very fine particulate matter (PM2.S). If adopted, the Commonwealth Intends to submit the plan as a revision to the 

Commonwealth of Virginia State Implementation Plan (SIP) in accordance with the requirements of § llO(a) of the federal Clean Air Act The SIP 

is the plan developed by the commonwealth In 

order to fulfill its responsibilities under the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under 

the Act. 

Purpose of notice: DEQ is seeking comments on the overall plan, and on the Issue of whether the 

pian demonstrates the Commonwealth's compli- ance with certain federal Clean Air Act requirements related to Interstate pollution transport. 

Public comment period: September 13, 2007 to 

October 17, 2007. 

Public hearing: First Floor Conference Room, VIrginia Department of Environmental Quality, 6291 

East Main Street, Richmond, VIrginia, at 9:00 a.m. on October 17, 2007. 

Description of proposal: The proposed revision 

consists of a certification that the Commonwealth is meeting the requirements of § 

110(a)(2)(0)(i) of the federal Clean Air Act, whicll requires that states prevent air pollution that 

could (I) Impede the ability of other states to 

meet the national standards, (il) Interfere with 

prevention of significant deterioration, and (Iii) 

have a negative effect on visibility. 

Federal lnfonnatlon: This notice is being given to 

satisfy the public participation requirements of 

federal regulations (40 CFR 51.102). Except as noted below the proposal will be submitted as a revision to the Commonwealth of Virginia SIP un- der § llO(a) of the federal Clean Air Act in ac- cordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to 

the Commonwealth of Virginia SIP. 

Publisher of the 

Richmond Times-Dispatch 

This is to certify that the attached Public Notice- Air Quali was 

published by the Richmond Times-Dispatch, Inc. in the City of 

Richmond, State of Virginia, on the following dates: 

09/13/2007 

The First insertion being given ... 09/13/2007 

Newspaper reference: 0000469171 

Sworn to and subscribed before me this 

D..'- aJ «< I QJ '.c 'OJ I ...r- --:6 "'>-, · I"'L.!. • I 

::~~~~"8.:: aM g~ ~~ g:: :D""g-s -g~ E-§arg<~ How to comment DEQ accepts written com- ;:g ..,.,jg.g"' u ... ot;3:~~~:;!..5~.to:: lii"' 

ments by e-mail, facslmile transmission and c:c_:S..,:;wo,g~~"' "'~., ., §'l:).xoc:;lii postal mail. In order to be considered, written "' ...... 0 "'fi .a - "' ""' "'1:: ... ..., .<; 

comments must include the full name, address ..., .. 01E"' 01 E"' in ia"' f!o !!!"'"'"''E .. "'o.,;t: 

and telephone number of the person commenting ~a=~;;; iii !B ci. a.]::;~ 0 00 ~~ ;;r-g~~~:i c: Q. ~.!!! Ql- oN EM UJ .. .<.n%: .... u,..a:: and be received by DEQ by 5:00p.m. on the last iii o -...."' > 0 .c "'"' _..., ... E "-!E - o day of the comment penod. Due to problems :g~ ~~ ~ol!!:;;!,::])ll~ :Bg~oi=~-g o8 ~~ with the quality of facsimile transmissions, c...:>~-.... ~ ;::., o "'~ o ~ o.. ~ :;; o ..., -c ~ u commenters are encouraged to provide the sign- e:£!o.. 1;~ ~ lii .. :?.:~.,.O"''I':!l..:. "' 0 o!i:.{~ ed original by postal mail within one week. Both c.S! 'l'lii~ :g·~ g.,~:;;S:;ji:::J!Z>~io ;pcl> 0 oral and written comments are accepted at the 01 "'._.!! E"',g eu..5!~~ 0 "'~ ·..!- :0"' 2 ;;r; .... public hearing. DEQ prefers that comments be j!: e.e-5,i;! 01~ o101:2.c~ oi;?j ~~ f!~"' 0 ,.U'> ..,.li! 

provided in writing along with any suppor:ttng 1 ·-"' .: o.s a.ofi ;;--::¥ _!Elliff ;:::i!"" .;,.:.. 

documents or exhlbits. All testimony, exh•bits I ~~ >: -ctl.,&J=~ oi«<Q n10 ,.o.!lf;,..!R{!f:t! and documents received are part of the public :; !) g'~.f!j!: 1: ... !:!"c Eiii"Eiii·= .;!!CiS c.o::i 

record. Please note this proposed plan Is being E ""C!t- § . :5 "'~=·~ E'co.c,g'f!~ oi.!::-iiS concurrently reviewed by the U.S. Environmental "'i:l+J;: . "~ ~ ~~> §> 25;~>!E~lE> ~ .J 

Protection Agency. ~ oZ 0 >.-..,-c.5!., -- _g> .. ·c5u> 0 -oTHIS IS NOT A -:, ~~..,~ll ID ~~§~,8~i;.f~.~~r~ ,g,g c. :gal~~.!:-;: c,g ... :?t: g.bfi.5!.S~J:l ... > o~~Eo·~aaJ~m~~~~a~~~~~~~5c ~c.o..~c~cE.aE::;a:~<ua:u~a:>VlliiE~ 

Total Cost 

1,170.91 
GENERAL NOTICES/ERRATA 

Volume 24, Issue 2 Virginia Register of Regulations October 1, 2007 

245 

GUIDANCE DOCUMENTS 

GENERAL NOTICES/ERRATA 

DEPARTMENT OF AGRICULTURE AND CONSUMER 

SERVICES 

2006 Annual Report, Agricultural Stewardship Act 

"The Commissioner of Agriculture and Consumer Services 

announces the availability of the annual report of the 

Agricultural Stewardship Act entitled "Virginia Agricultural 

Stewardship Act Annual Report, April 1, 2006 – March 31, 

2007: A Positive Approach." Copies of this report can be 

obtained by contacting Joyce Knight at (804) 786-3538 or 

email joyce.knight@vdacs.virginia.gov. A written request 

may be sent to the address below. Copies of the annual report 

are available without charge. 

Agency contact for questions or additional information: Joyce 

Knight, Virginia Department of Agriculture and Consumer 

Services, Office of Policy, Planning, and Research, 102 

Governor Street, Suite 219, P.O. Box 1163, Richmond, VA 

23218. 

Civil Penalties Matrix 

The Board of Agriculture and Consumer Services at its 

regular meeting on August 16, 2007, adopted a revision to the 

matrix used to assess civil penalties to animal pounds and 

shelters for violations under state law. Copies of the revised 

matrix can be obtained by contacting Jane Martin at (804) 

786-2483 or email jane.martin@vdacs.virginia.gov. A written 

request for a copy of the revised matrix may be sent to Jane 

Martin, Virginia Department of Agriculture and Consumer 

Services, Division of Animal and Food Industry Services, 

P.O. Box 1163, Richmond, VA 23218. 

Program Contact: Colleen Calderwood, DVM, Program 

Manager, Office of Veterinary Services, telephone (804) 786-

2483, or email colleen.calderwood@vdacs.virginia.gov. 

Notice of Periodic Review of Regulations 

The Virginia Department of Agriculture and Consumer 

Services invites comment from the public on 2VAC5-140, 

Health Requirements Governing the Admission of Livestock, 

Poultry, Companion Animals, and Other Animals or Birds 

into Virginia, as part of a periodic review being conducted 

under Executive Order 36 (06), Development and Review of 

Regulations Proposed by State Agencies. 

Comments on the regulations will be accepted until the close 

of the comment period on October 22, 2007. Comments 

should be addressed to Colleen Calderwood, Program 

Manager, Virginia Department of Agriculture and Consumer 

Services, P.O. Box 1163, Richmond, VA 23218, telephone 

(804) 786-2483, FAX (804) 371-2380, or email 

colleen.calderwood@vdacs.virginia.gov. 

BOARD OF DENTISTRY 

Notice of Periodic Review of Regulations 

Pursuant to Executive Order 36 (2006), the Board of 

Dentistry within the Department of Health Professions is 

conducting a periodic review of 18VAC60-20, Regulations 

Governing the Practice of Dentistry and Dental Hygiene. 

The board is receiving comment on whether there is a need 

for amendments for consistency with changes in dental 

practice and patient care. Regulations for the practice of 

dentistry and dental hygiene may be viewed online at 

www.townhall.virginia.gov or www.dhp.virginia.gov or 

copies will be sent upon request. 

Comment begins on October 1, 2007, and ends on October 

31, 2007. If any member of the public would like to comment 

on these regulations, please send comments by the close of 

the comment period to Elaine J. Yeatts, Agency Regulatory 

Coordinator, Department of Health Professions, 9960 

Mayland Drive, Suite 300, Richmond, VA 23233-1463, email 

elaine.yeatts@dhp.virginia.gov or FAX (804) 527-4475. 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

Public Notice Regarding Air Quality Plan 

Notice of action: The Department of Environmental Quality 

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

proposed plan to attain and maintain the national ambient air 

quality standard for ozone and very fine particulate matter 

(PM2.5). If adopted, the Commonwealth intends to submit the 

plan as a revision to the Commonwealth of Virginia State 

Implementation Plan (SIP) in accordance with the 

requirements of §110(a) of the federal Clean Air Act. The 

SIP is the plan developed by the Commonwealth in order to 

fulfill its responsibilities under the federal Clean Air Act to 

attain and maintain the ambient air quality standards 

promulgated by the U.S. Environmental Protection Agency 

(EPA) under the Act. 

Purpose of notice: DEQ is seeking comments on the overall 

plan, and on the issue of whether the plan demonstrates the 

Commonwealth’s compliance with certain federal Clean Air 

Act requirements related to interstate pollution transport. 

Public comment period: September 13, 2007, to October 17, 

2007. 

Public hearing: Virginia Department of Environmental 

Quality, 629 East Main Street, First Floor Conference Room, 

Richmond, Virginia, at 9 a.m. on October 17, 2007. 

Description of proposal: The proposed revision consists of a 

certification that the Commonwealth is meeting the 

requirements of §110(a)(2)(D)(i) of the federal Clean Air Act, 

which requires that states prevent air pollution that could (i) 

impede the ability of other states to meet the national 
General Notices/Errata 

Volume 24, Issue 2 Virginia Register of Regulations October 1, 2007 

246 

standards, (ii) interfere with prevention of significant 

deterioration, and (iii) have a negative effect on visibility. 

Federal information: This notice is being given to satisfy the 

public participation requirements of federal regulations (40 

CFR 51.102). Except as noted below, 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, 

facsimile transmission and postal mail. In order to be 

considered, written comments must include the full name, 

address and telephone number of the person commenting and 

be received by DEQ by 5 p.m. on the last day of the comment 

period. Due to problems with the quality of facsimile 

transmissions, commenters are encouraged to provide the 

signed original by postal mail within one week. Both oral 

and written comments are accepted at the public hearing. 

DEQ prefers that comments be provided in writing, along 

with any supporting documents or exhibits. All testimony, 

exhibits and documents received are part of the public record. 

Please note this proposed plan is being concurrently reviewed 

by the U.S. Environmental Protection Agency. 

To review proposal: The proposal and any supporting 

documents are available on the DEQ Air Public Notices for 

Plans website 

(http://www.deq.virginia.gov/air/permitting/planotes.html). 

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 locations: 

DEQ Main Street Office 

629 E. Main Street, 8th Floor 

Richmond, Virginia 

(804) 698-4070 

DEQ Southwest Regional Office 

355 Deadmore Street 

Abingdon, Virginia 

(540) 676-4800 

DEQ West Central Regional 

Office 

3019 Peters Creek Road 

Roanoke, Virginia 

(540) 562-6700 

DEQ South Central Regional 

Office 

7705 Timberlake Road 

Lynchburg, Virginia 

(804) 582-5120 

DEQ Valley Regional Office 

4411 Early Road 

Harrisonburg, Virginia 

(540) 574-7800 

DEQ Fredericksburg Satellite 

Office 

806 Westwood Office Park 

Fredericksburg, Virginia 

(540) 899-4600 

DEQ Piedmont Regional Office 

4949-A Cox Road 

Glen Allen, Virginia 

(804) 527-5020 

DEQ Northern Regional Office 

13901 Crown Court 

Woodbridge, Virginia 

(703) 583-3800 

DEQ Tidewater Regional Office 

5636 Southern Boulevard 

Virginia Beach, Virginia 

(757) 518-2000 

Contact for public comments, document requests and 

additional information: Doris A. McLeod, Air Quality 

Planner, Air Planning Programs, Department of 

Environmental Quality, 629 East Main Street, P.O. Box 1105, 

Richmond, VA 23218, telephone (804) 698-4197, FAX (804) 

698-4510, or email damcleod@deq.virginia.gov. 

Water Quality Improvement Study - Dan River 

Watershed 

Purpose of notice: To announce a local steering committee 

meeting on a water quality improvement study by the 

Department of Environmental Quality for the Dan River 

watershed in Halifax and Pittsylvania counties in Virginia. 

Steering committee meeting: Danville Science Center, 677 

Craghead Street, Danville, Virginia, on Tuesday, October 2, 

2007, from 10:30 a.m. to 12:00 p.m. 

Meeting description: This is the second steering committee 

meeting regarding a study to restore water quality in various 

streams within the Dan River watershed. We will be 

discussing the study and the basic characteristics of the Dan 

River watershed. 

Description of study: Virginia agencies are working to 

identify sources of bacteria contamination in stream segments 

from the Dan River watershed in Central Virginia. This 

contamination exceeds water quality standards, which 

prohibits swimming. The contamination impairs or decreases 

the quality of the water. 

The following is a list of the "impaired" waters, the length of 

the impaired segment, their location, and the reason for the 

impairment: 

Dan River (42.8 miles), Pittsylvania County, total fecal 

coliform; Sandy River (7.21 miles), Pittsylvania County, total 

fecal coliform; Sandy Creek (9.17 miles), Pittsylvania 

County, total fecal coliform; Fall Creek (2.3 miles), City of 

Danville, total fecal coliform; Byrds Branch (2.98 miles), 

Halifax County, total fecal coliform; Double Creek (8.28 

miles), Halifax and Pittsylvania Counties, total fecal coliform. 

During the study, DEQ will develop a total maximum daily 

load, or a TMDL, for the impaired waters. A TMDL is the 

total amount of a pollutant a water body can contain and still 

meet water quality standards. To restore water quality, 

contamination levels have to be reduced to the TMDL 

amount. 

For additional information please contact: Amanda Gray, 

Virginia Department of Environmental Quality, 7705 

Timberlake Road, Lynchburg, VA 24502, telephone (434) 
ENCLOSURE 3

RECORD OF HEARING AND SUMMARY OF TESTIMONY

As required by 40 CFR 51.102(e), the complete record of the hearing, along with a list 

of witnesses and the text of the written presentations or summary of the oral 

presentations, is located at the Office of Air Regulatory Development of the Department 

of Environmental Quality. The Department contact to access this information is the 

Director, Office of Air Regulatory Development.

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

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

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

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

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

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

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

the document under review.

1. SUBJECT: Clean Air Interstate Rule (CAIR).

COMMENTER: Mirant Potomac River LLC

TEXT: DEQ cannot certify compliance with § 110(a)(2)(D)(i) because Virginia 

has deviated from the federal CAIR by prohibiting the purchase of CAIR allowances by 

facilities located in Virginia nonattainment areas. This restriction has no air quality 

benefit. The restriction prevents the effective implementation of the federal CAIR 

trading program, thereby preventing the goal of reducing interstate transport.

RESPONSE: The CAIR program was expanded beyond its primary purpose of 

controlling interstate transport to also meeting nonattainment plan emission control 

requirements via the establishment of emissions caps for electric generating units; 

however, this does not mean that Virginia’s certification of compliance with § 

110(a)(2)(D)(i) is not valid. Northern Virginia is part of the metropolitan Washington, 

D.C. 8-hour ozone moderate nonattainment area as well as the metropolitan 

Washington D.C. 1997 PM2.5 nonattainment area. This area is a persistent ozone 

nonattainment area, and as such is one of the most heavily regulated areas in the 

United States. Requiring compliance with emissions caps will help to improve air 

quality in the region, as demonstrated by modeling studies. Emission reductions gained 

from compliance with the caps in nonattainment areas will also have the cobenefit of 

reducing emissions that would contribute to violations of air quality standards in other 

states. In no way are these provisions seen as preventing the goal of reducing 

interstate transport. 

The nonattainment provisions included in this program create a regulatory mechanism 

to impose independent emission caps on affected units to address local air quality 

needs in nonattainment areas. No trading activities can be used to comply with the 

emissions cap. Compliance with the emissions cap would not rely on the use of 
allowances under the EPA trading program but would be demonstrated by comparing 

the actual emissions from the source with the emissions cap. The connection between 

the CAIR trading program and the nonattainment provisions is the use of the number of 

allowances to establish the emissions caps and the use of the emissions data to 

determine the amount of emissions to compare with caps. This provides a clear 

regulatory structure to allow the Commonwealth to address local nonattainment area 

needs via the nonattainment area requirements without being hampered by regulatory 

interpretation disputes as to the authority to do so.

The proposed version of the Virginia nonattainment area requirements prohibited the 

use of emissions trading to comply with emission limits in nonattainment areas. This 

provision was included to ensure that Virginia is able to meet its obligation to restrict 

emissions that contribute to nonattainment or interfere with maintenance of the NAAQS

within the Commonwealth, while still providing the affected sources the ability to 

participate in the regional EPA administered emissions trading program.

For units in nonattainment areas, provisions were included in the proposed version to 

automatically convert (by regulation) the CAIR NOX allowances to an emissions limit. 

Use of allowances, other than those allocated to the unit or source by the board, could 

not be used to comply with the emissions limit in nonattainment areas. Compliance 

would be demonstrated on an annual basis, based on a comparison of (i) the total NOX

emissions (expressed in tons) from each EGU during the preceding control period and 

(ii) the number of NOX allowances (expressed in tons) allocated for the EGU for the 

preceding control period.

Every effort was made to ensure that the proposed nonattainment area requirements 

would not interfere with participation by Virginia-regulated entities in the EPAadministered trading program; but as explained below, EPA found fault in the approach 

used in the proposal.

EPA acknowledged that states (i) have the flexibility to choose the means to meet the 

requirements of CAIR, including whether to allow sources to trade or not, and (ii) may 

exercise certain flexibilities in EPA’s model trading rule and still participate in the EPAadministered trading program. However, EPA related the view that the proposed 

nonattainment area requirements appeared to allow the state to impose restrictions on 

a trading program that may affect EPA’s ability to approve Virginia’s emissions trading 

regulation and to allow participation in the EPA-administered trading program.

In order to address EPA's specific concerns, the provisions related to the emissions 

limit were revised in the final version to establish a regulatory mechanism to impose 

annual independent emission caps on affected units to address local air quality needs 

in nonattainment areas. The emissions cap would be equivalent to the number of 

allowances issued to the affected unit for the preceding control period. No trading 

activities could be used to comply with the emissions cap. Compliance with the 

emissions cap would not rely on the use of allowances under the EPA trading program 

but would be accomplished by comparing the actual emissions with the emissions cap 
for the preceding control period. The only connection between the two is the use of the 

number of allowances to establish the emissions caps and the use of the emissions 

data to determine the amount of emissions to compare with caps. This provision would 

place no restrictions on participation by any affected unit in the EPA trading program. 

Compliance with the EPA trading program and any nonattainment area caps would be

determined separately and in accordance with the terms of the provisions of each. 

Provisions were also included in the final version to provide the option of allowing 

compliance to be demonstrated in the aggregate for all units located at a single source.

Virginia’s position on this issue is supported by recent action of EPA. On September 

25, 2007 (72 FR 54385), EPA proposed approval of Virginia’s CAIR program. This was 

done with the full understanding that the nonattainment area requirements existed in 

the state regulations. EPA will not approve a state trading program if a state has a 

coexisting regulation that will interfere with the administration and implementation of the 

federal trading program or participation by the affected entities in the federal trading 

program. The comment period closed on October 25, 2007, and EPA did not receive 

any comments—let alone any from the commenter—indicating that the Virginia program

did not meet the requirements of § 110 (a)(2)(D)(i) and its associated regulations. 

Therefore, certification of Virginia’s compliance with § 110(a)(2)(D)(i) is valid.

It should be noted that the comment letter dated October 17, 2007, and submitted by 

Mirant contained as an enclosure a June 18, 2007 letter provided to DEQ from Mirant. 

This enclosure refers to several attachments, all of which were not provided in this 

submittal. These comments had been previously submitted as part of the regulatory 

development process and are not germane to this SIP submittal process.

2. SUBJECT: Establishment of interim significant impact levels (SILs) for annual 

and 24-hour averaging periods for PM2.5 and application of these SILs to the Mirant 

Potomac River Generating Station’s comprehensive permit

COMMENTER: City of Alexandria, Virginia

TEXT: Alexandria is concerned with DEQ’s confirmation that major sources in 

Virginia are subject to nonattainment and PSD NSR permitting programs implemented 

in accordance with EPA’s interim guidance calling for use of PM10 as a surrogate for 

PM2.5. Additionally, Alexandria is requesting that VDEQ establish interim SILs for 

annual and 24 hour averaging periods for PM2.5 until the federal guidance on this issue 

is finalized. Lastly, Alexandria requests that these SILs be used in a permitting 

determination for the Mirant Potomac River Power Generating Station.

RESPONSE: Virginia is implementing the EPA’s current guidance regarding the 

use of PM10 as a surrogate for PM2.5 emissions in the NSR permitting program. 

Deviating from EPA’s permitting guidance can cause inconsistencies in the applicability 

of various NSR requirements. Such inconsistencies do not facilitate the execution of 

the NSR permitting program in a manner conducive to fairness nor to transparency by 

the regulated facilities or the public. Therefore, the suggestion that guidance be used 
other than that provided by EPA is not valid.

Currently, the states do not have interim guidance regarding the SILs used in PSD 

permitting. Since the states have no way of knowing what SILs will be set by EPA in its 

upcoming guidance, setting a state-specific interim policy in regards to SILs until the 

EPA guidance is finalized could cause programmatic inconsistencies and could cause 

the issuance of a permit on grounds that are unsupported by guidance.

Additionally, this comment does not address the explicitly stated purpose of the public 

comment period, which is to certify that the Commonwealth is meeting the general 

regional transport requirements of § 110(a)(2)(D)(i). While we appreciate the 

commenter’s concerns, they have no relevant effect on the fact that the Commonwealth 

is meeting its § 110(a)(2)(D)(i) obligations; nor is this the appropriate venue for 

addressing those concerns. Therefore, the request that interim SILs be established 

and used in evaluating the comprehensive permit for Potomac River Power Generating 

Station is not valid.

TEMPLATES\SIP-PLAN\PLN03

SIP\ASSESSMENT\ND-SIP-3.DOC