ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the 

following information regarding public participation activities and compliance with state 

administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity 

to submit written comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan was held from 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 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, 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 regulation 

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 authority 

on March 30, 2011and 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, providing the 

evidence required by Section 2.1(b) and (e) of Appendix V of 40 CFR Part 51. As 

required by Section 2.1(d) of Appendix V of 40 CFR Part 51, a copy of the actual 

regulation submitted for approval and incorporation by reference into the 

Commonwealth of Virginia State Implementation Plan is attached, along with the 

effective date of 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 available alternatives for achieving 

the purpose of the regulations; (iv) there are less burdensome 

and less intrusive alternatives for 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 Aggregate Process Operations 

Article 20, Feed Manufacturing 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 Compound 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/regulations/airregs.html. 

The purpose of the regulations is to control emissions from 

specific types of existing stationary 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 regulations 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-

4426, FAX (804) 698-4510, email 

karen.sabasteanski@deq.virginia.gov. Please include your 

full 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 regulations 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. 

Volume 27, Issue 20 Virginia Register of Regulations June 6, 2011 

2255 
General Notices/Errata 

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 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 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 SO2 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 

documents 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 unauthorized 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. 

Volume 27, Issue 20 Virginia Register of Regulations June 6, 2011 

2256 
Regulations 

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 Administrative Process Act in accordance 

with § 2.2-4006 A 4 c of the Code of Virginia, which 

excludes regulations that are necessary to meet the 

requirements of federal law or regulations provided such 

regulations do not differ materially from those required by 

federal law or regulation. The State Air Pollution Control 

Board will receive, consider, and respond to petitions by any 

interested person at any time with respect to reconsideration 

or revision. 

Titles of Regulations: 9VAC5-20. General Provisions 

(amending 9VAC5-20-21). 

9VAC5-30. Ambient Air Quality 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 (SO2) 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 incorporated by reference. 

A. The Administrative Process Act and Virginia Register 

Act provide that state regulations 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 incorporated by reference in this 

section may be examined by the public at the central office of 

the Department of Environmental Quality, Eighth Floor, 629 

Volume 27, Issue 17 Virginia Register of Regulations April 25, 2011 

2065
Regulations 

East Main Street, Richmond, Virginia, 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 -- Reference 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 the 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 PM10 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 PM2.5 in the 

Atmosphere. 

(m) (n) Appendix M - Reserved. 

(n) (o) Appendix N - Interpretation of the National 

Ambient Air Quality Standards for PM2.5. 

(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 PM10 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 

Volume 27, Issue 17 Virginia Register of Regulations April 25, 2011 

2066 
Regulations 

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 reference: 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 Testing and Materials (ASTM). 

a. The documents specified below from the American 

Society for Testing and Materials 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." 

Volume 27, Issue 17 Virginia Register of Regulations April 25, 2011 

2067
Regulations 

(6) D975-98b, "Standard Specification 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 and 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 Liquid or a Solid" (reapproved 

2000). 

(20) E260-96, "Standard Practice 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 Containers for Consumer Use." 

(25) D4457-02, "Standard Test Method for 

Determination of Dichloromethane 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 Direct 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 from 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 below 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 Mechanical Engineers (ASME). 

a. The documents specified below from the American 

Society of Mechanical Engineers 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 from 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 Enforcement 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. Box 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 Association 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 from 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 concentration 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 (SO2). 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 concentration 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 parts 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-hour period are available. In the 

event that only 18, 19, 20, 21, 22, or 23 hourly averages are 

available, the 24-hour block average 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 would 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 average. 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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