Douglas W. Domenech 

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 2321 8 

TDD (804) 698-4021 

www .deq. virginia.gov 

OCT 01 2012 

Ms. Diana Esher, Director 

Air Protection Division (3APOO) 

U.S. Environmental Protection Agency, Region III 

1650 Arch Street 

Philadelphia, Pennsylvania 19103-2029 

David K. Paylor 

Director 

(804) 698-4020 

1-800-592-5482 

Reference: Transportation Conformity, 

Revision C12 

Dear Ms. Esher: 

Pursuant to the requirements of§ 110 of the Clean Air Act, we are officially requesting 

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

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

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

Implementation Plans). 

This revision consists of a regulation (9V AC5 Chapter 151) that contains the 

transportation conformity requirements for federal agencies undergoing transportation projects as 

set out in Subpart B of 40 CFR Part 93. This action incorporates federal revisions to 

transportation conformity requirements on March 14, 2012 (77 FR 14979). The regulation 

amendments were adopted by the State Air Pollution Control Board on June 12, 2012 under the 

authority of§ ]0.1-1308 of the Code ofVirginia. 

Enclosed are the following: 

1. A true copy of the official regulation (Revision C12) which was published in the 

Virginia Register on July 16, 2012 after being duly adopted by the State Air 

Pollution Control Board on June 8, 2012 certified by the Office of the Attorney 

General as within the board's statutory authority on June 12, 2012, 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 June 13, 2012, providing the evidence 

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

2. Certification of public participation activities and compliance with state 

administrative procedures. 

3. Public participation record. 

4. An electronic copy (CD) of the complete submittal. This electronic copy is an 

exact duplicate of the hard copy. 

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

DKP\mem 

TEMPLA TES\SIP-REG\REGOO 

SIP\NONA ITN AREAS\2012\C 12-SIP.DOC 

Enclosures 

Sin ~tely, {') 

7 

. /C)i; l /; 

· · ttJJ<II(J~ David K. Paylor 1 
Regulations

Volume 28, Issue 23 Virginia Register of Regulations July 16, 2012

1723

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

interested person at any time with respect to reconsideration 

or revision.

Title of Regulation: 9VAC5-151. Regulation for 

Transportation Conformity (Rev. C12) (amending 

9VAC5-151-40, 9VAC5-151-70). 

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

§ 176(c) of the federal Clean Air Act.

Effective Date: August 15, 2012. 

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 mary.major@deq.virginia.gov.

Summary:

The U.S. Environmental Protection Agency (EPA) 

promulgated amendments to the federal transportation 

regulation on March 14, 2012 (77 FR 14979). Under 40 

CFR 51.390, Virginia is required to submit to the EPA a 

revision to the SIP that establishes conformity criteria and 

procedures consistent with the transportation conformity 

regulation promulgated by EPA at 40 CFR Part 93. In 

order to implement the federal transportation conformity 

requirements, the Virginia regulation must reflect the 

recent revisions made to the federal regulations. This 

regulation is amended to include the 2012 CFR revisions.

Part III 

Criteria and Procedures for Making Conformity 

Determinations 

9VAC5-151-40. General. 

The Environmental Protection Agency (EPA) regulations 

promulgated at 40 CFR Part 93, Subpart A (Conformity to 

State or Federal Implementation Plans of Transportation 

Plans, Programs, and Projects Developed, Funded or 

Approved Under Title 23 USC or the Federal Transit Laws) 

and designated in 9VAC5-151-50 are incorporated by 

reference into this chapter as amended by the word or phrase 

substitutions given in 9VAC5-151-60. The 40 CFR section 

numbers appearing in 9VAC5-151-50 identify the specific 

provisions incorporated by reference. The specific version of 

the provisions incorporated by reference shall be that 

contained in the CFR (2010) (2012) in effect July 1, 2010

2012. 

9VAC5-151-70. Consultation. 

A. The MPOs, LPOs, DEQ, VDOT and VDRPT shall 

undertake the procedures prescribed in this section for 

interagency consultation, conflict resolution and public 

consultation with each other and with local or regional offices 

of EPA, FHWA, and FTA on the development of control 

strategy implementation plan revisions, the list of TCMs in 

the applicable implementation plan, transportation plans, 

TIPs, and associated conformity determinations required by 

this chapter. 

B. Until EPA grants approval of this chapter, the MPOs, and 

VDOT and VDRPT, prior to making conformity 

determinations, shall provide reasonable opportunity for 

consultation with LPOs, DEQ and EPA on the issues in 

subdivision D 1 of this section. 

C. The provisions of this subsection shall be followed with 

regard to general factors associated with interagency 

consultation. 

1. Representatives of the MPOs, VDOT, VDRPT, FHWA, 

and FTA shall undertake an interagency consultation 

process, in accordance with subdivisions 1 and 3 of this 

subsection and subsection D of this section, with the LPOs, 

DEQ and EPA on the development of implementation 

plans, transportation plans, TIPs, any revisions to the 

preceding documents, and associated conformity 

determinations. 

a. MPOs, or their designee, shall be the lead agencies 

responsible for preparing the final document or decision 

and for assuring the adequacy of the interagency 

consultation process with respect to the development of 

the transportation plan, the TIP, and any amendments or 

revisions thereto. In the case of nonmetropolitan areas, 

VDOT shall be the lead agency responsible for preparing 

the final document or decision and for assuring the 

adequacy of the interagency consultation process with 

respect to the development of the statewide 

transportation plan, the statewide TIP, and any 

amendments or revisions thereto. The MPOs shall be the 

lead agencies responsible for preparing the final 

document or decision and for assuring the adequacy of 

the interagency consultation process with respect to any 

determinations of conformity under this chapter for 

which the MPO is responsible. 

b. It shall be the affirmative responsibility of the lead 

agency to initiate the process by notifying other 

participants, convene meetings, assure that all relevant 

documents and information are supplied to all 

participants in the consultation process in a timely 

manner, prepare summaries of consultation meetings, 

maintain a written record of the consultation process, 

provide final documents and supporting information to 

each agency after approval or adoption, and to assure the 

adequacy of the interagency consultation process with 

respect to the subject document or decision. 

c. Regular consultation on major activities (such as the 

development of a transportation plan, the development of 

a TIP, or any determination of conformity on 

transportation plans or TIPs) shall include meetings 

beginning on a date determined by the lead agency to be 

adequate to meet the date a final document is required 

and continuing at frequency mutually determined by the 

affected agencies. In addition, technical meetings shall be 

convened as necessary. 
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d. Each lead agency in the consultation process shall 

confer with all other agencies identified under 

subdivision 1 of this subsection with an interest in the 

document to be developed, provide all information to 

those agencies needed for meaningful input, solicit early 

and continuing input from those agencies, and prior to 

taking any action, consider the views of each agency and 

respond to those views in a timely, substantive written 

manner prior to any final decision on the documents. The 

views and written responses shall be made part of the 

record of any decision or action. 

e. It shall be the responsibility of each agency specified 

in subdivision 1 of this subsection, when not fulfilling the 

responsibilities of lead agency, to confer with the lead 

agency and other participants in the consultation process, 

review and comment as appropriate (including comments 

in writing) on all proposed and final documents and 

decisions in a timely manner, attend consultation and 

decision meetings, provide input on any area of 

substantive expertise or responsibility, and provide 

technical assistance to the lead agency or to the 

consultation process when requested. 

2. Representatives of the LPOs, DEQ, and EPA shall 

undertake an interagency consultation process, in 

accordance with this subdivision and subdivision 3 of this 

subsection, with MPOs, VDOT, VDRPT, FHWA, and 

FTA on the development of control strategy 

implementation plan revisions, the list of TCMs in the 

applicable implementation plan, and any revisions to the 

preceding documents. 

a. The DEQ, in conjunction with the LPOs, shall be the 

lead agency responsible for preparing the final document 

or decision and for assuring the adequacy of the 

interagency consultation process with respect to the 

development of control strategy implementation plan 

revisions, the credits associated with the list of TCMs in 

the applicable implementation plan, and any amendments 

or revisions thereto. 

b. It shall be the affirmative responsibility of the lead 

agency to initiate the process by notifying other 

participants, convene meetings, assure that all relevant 

documents and information are supplied to all 

participants in the consultation process in a timely 

manner, prepare minutes of consultation meetings, 

maintain a written record of the consultation process, 

provide final documents and supporting information to 

each agency after approval or adoption, and to assure the 

adequacy of the interagency consultation process with 

respect to the subject document or decision. 

c. Regular consultation on the development of any 

control strategy implementation plan revision shall 

include meetings beginning on a date determined by the 

lead agency to be adequate to meet the date a final 

document is required and continuing at frequency 

mutually determined by the affected agencies. In 

addition, technical meetings shall be convened as 

necessary. 

d. Each lead agency in the consultation process shall 

confer with all other agencies identified under 

subdivision 1 of this subsection with an interest in the 

document to be developed, provide all information to 

those agencies needed for meaningful input, solicit early 

and continuing input from those agencies, and prior to 

taking any action, consider the views of each agency and 

respond to those views in a timely, substantive written 

manner prior to any final decision on the documents. The 

views and written responses shall be made part of the 

record of any decision or action. 

e. It shall be the responsibility of each agency specified 

in subdivision 1 of this subsection, when not fulfilling the 

responsibilities of lead agency, to confer with the lead 

agency and other participants in the consultation process, 

review and comment as appropriate (including comments 

in writing) on all proposed and final documents and 

decisions in a timely manner, attend consultation and 

decision meetings, provide input on any area of 

substantive expertise or responsibility, and provide 

technical assistance to the lead agency or to the 

consultation process when requested. 

3. The specific roles and responsibilities of various 

participants in the interagency consultation process shall be 

as follows: 

a. The MPOs shall be responsible for the following: 

(1) Developing metropolitan transportation plans and 

TIPs in accordance with 23 CFR Part 450 and 49 CFR 

Part 613 and the Safe, Accountable, Flexible, Efficient, 

Transportation Equity Act: A Legacy for Users (Public 

Law No. 109-59). 

(2) Adopting conformity determinations in conjunction 

with the adoption of transportation plans and TIPs and 

any revisions to the documents. 

(3) In cooperation with VDOT, with assistance from 

VDRPT: 

(a) Developing conformity assessments and associated 

documentation. 

(b) Evaluating potential TCM projects and impacts. 

(c) (i) Developing or approving transportation and related 

socio-economic data and planning assumptions, or both, 

and (ii) providing the data and assumptions for use in air 

quality analysis for implementation plan tracking and 

conformity of transportation plans, TIPs and projects. 

(d) Monitoring regionally significant projects. 

(e) Providing technical and policy input into the 

development of emissions budgets. 

(f) Assuring the proper completion of transportation 

modeling, regional emissions analyses and 
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Volume 28, Issue 23 Virginia Register of Regulations July 16, 2012

1725

documentation of timely implementation of TCMs 

needed for conformity assessments. 

(g) Involving the DEQ and LPOs continuously in the 

process. 

(h) Consulting with FHWA and FTA on (i) timely action 

on final findings of conformity, after consultation with 

other agencies as provided in this section; and (ii) 

guidance on conformity and the transportation planning 

process to agencies in interagency consultation. 

(i) Consulting with EPA on (i) review and approval of 

updated motor vehicle emissions factors, emission 

inventories and budgets; and (ii) guidance on conformity 

criteria and procedures to the agencies involved in the 

interagency consultation process. 

b. The VDOT, with assistance from the VDRPT, shall be 

responsible for the following: 

(1) Developing statewide transportation plans and

statewide TIPs. 

(2) Providing demand forecasting and on-road mobile 

source emission inventories. 

(3) Circulating draft and final project environmental 

documents to other agencies. 

(4) Convening air quality technical review meetings on 

specific projects as needed or when requested by other 

agencies. 

(5) In cooperation with the MPOs: 

(a) Developing conformity assessments and associated 

documentation. 

(b) Evaluating potential TCM projects and impacts. 

(c) (i) Developing or approving transportation and related 

planning assumptions, or both, and (ii) providing the data 

and assumptions for use in air quality analysis for 

implementation plan tracking and conformity of 

transportation plans, TIPs and projects. 

(d) Monitoring regionally significant projects. 

(e) Providing technical and policy input into the 

development of emissions budgets. 

(f) Assuring the proper completion of transportation 

modeling, regional emissions analyses and 

documentation of timely implementation of TCMs need 

for conformity assessments. 

(g) Involving the DEQ and LPOs continuously in the 

process. 

(h) Consulting with FHWA and FTA on (i) timely action 

on final findings of conformity, after consultation with 

other agencies as provided in this section; and (ii) 

guidance on conformity and the transportation planning 

process to agencies in interagency consultation. 

(i) Consulting with EPA on (i) review and approval of 

updated motor vehicle emissions factors, emission 

inventories and budgets; and (ii) guidance on conformity 

criteria and procedures to the agencies involved in the 

interagency consultation process. 

c. The LPOs shall be responsible for the following: 

(1) Developing emissions inventories and budgets. 

(2) Developing control strategy implementation plan 

revisions and maintenance plans. 

(3) Providing a staff liaison to the MPOs for conformity 

and to be responsive to MPO requests for information 

and technical guidance. 

(4) Involving the MPOs, VDOT AND VDRPT 

continuously in the process. 

d. The DEQ shall be responsible for the following: 

(1) Developing emissions inventories and budgets. 

(2) Tracking attainment of air quality standards, and 

emission factor model updates. 

(3) Gaining final approval at state level for control 

strategy implementation plan revisions and maintenance 

plans. 

(4) Providing a staff liaison to the LPOs for conformity 

and to be responsive to LPO requests for information and 

technical guidance. 

(5) Involving the LPOs continuously in the process. 

e. The FHWA and FTA shall be responsible for the 

following: 

(1) Assuring timely action on final findings of 

conformity, after consultation with other agencies as 

provided in this section. 

(2) Providing guidance on conformity and the 

transportation planning process to agencies in 

interagency consultation. 

f. The EPA shall be responsible for the following: 

(1) Reviewing and approving updated motor vehicle 

emissions factors. 

(2) Providing guidance on conformity criteria and 

procedures to agencies in interagency consultation. 

(3) Assuring timely action on conformity analysis and 

findings and implementation plan revisions. 

4. The MPOs, LPOs, DEQ, VDOT and VDRPT may enter 

into agreements to set forth specific consultation 

procedures in more detail that are not in conflict with this 

section. 

D. The provisions of this subsection shall be followed with 

regard to specific processes associated with interagency 

consultation. 

1. An interagency consultation process involving the 

MPOs, LPOs, DEQ, VDOT, VDRPT, EPA, FHWA, and 

FTA shall be undertaken for the following: 

a. Evaluating and choosing each model (or models) and 

associated methods and assumptions to be used in hotspot analyses and regional emission analyses, including 
Regulations

Volume 28, Issue 23 Virginia Register of Regulations July 16, 2012

1726

vehicle miles traveled (VMT) forecasting, to be initiated 

by VDOT, in consultation with the MPOs, and conducted 

in accordance with subdivisions C 1 and 3 of this section. 

b. Determining which transportation projects should be 

considered "regionally significant" for the purpose of 

regional emission analysis (in addition to those 

functionally classified as principal arterial or higher; or 

fixed guideway systems or extensions that offer an 

alternative to regional highway travel), and which 

projects should be considered to have a significant 

change in design concept and scope from the 

transportation plan or TIP, to be initiated by VDOT, in 

consultation with the MPOs, and conducted in 

accordance with subdivisions C 1 and 3 of this section. 

c. Evaluating whether projects otherwise exempted from 

meeting the requirements of 40 CFR 93.126 and 40 CFR 

93.127 should be treated as nonexempt in cases where 

potential adverse emissions impacts may exist for any 

reason, to be initiated by VDOT, in consultation with the 

MPOs, and conducted in accordance with subdivisions C 

1 and 3 of this section. 

d. Making a determination, as required by 40 CFR 

93.113(c)(1), whether past obstacles to implementation 

of TCMs that are behind the schedule established in the 

applicable implementation plan have been identified and 

are being overcome, and whether state and local agencies 

with influence over approvals or funding for TCMs are 

giving maximum priority to approval or funding for 

TCMs, to be initiated by VDOT as lead agency, in 

consultation with the MPOs and VDRPT, and conducted 

in accordance with subdivisions C 1 and 3 of this section. 

This consultation process shall also consider whether 

delays in TCM implementation necessitate revisions to 

the applicable implementation plan to remove TCMs or 

substitute TCMs or other emission reduction measures. 

e. Notifying all parties to the consultation process of 

transportation plan or TIP amendments that merely add 

or delete exempt projects listed in 40 CFR 93.126 or 40 

CFR 93.127, to be initiated by VDOT in consultation 

with the MPOs, and conducted in accordance with 

subdivisions C 1 and 3 of this section. 

f. Choosing conformity tests and methodologies for 

isolated rural nonattainment and maintenance areas, as 

required by 40 CFR 93.109(n)(2)(iii) 40 CFR 

93.109(g)(2)(iii), to be initiated by VDOT, in 

consultation with the MPOs, and in accordance with 

subdivisions C 1 and 3 of this section. 

g. Determining what forecast of vehicle miles traveled 

(VMT) to use in establishing or tracking emissions 

budgets, developing transportation plans, TIPs, or control 

strategy implementation plan revisions, or making 

conformity determinations, to be initiated by VDOT, in 

consultation with the MPOs, and in accordance with 

subdivisions C 1 and 3 of this section. 

2. An interagency consultation process in accordance with 

subsection C of this section involving the MPOs, LPOs, 

DEQ, VDOT, and VDRPT shall be undertaken for the 

following: 

a. Evaluating events that may trigger new conformity 

determinations in addition to those triggering events 

established by 40 CFR 93.104, to be initiated by VDOT, 

in consultation with the MPOs and DEQ, and conducted 

in accordance with subdivisions C 1 and 3 of this section. 

b. Consulting on emissions analysis for transportation 

activities that cross the borders of MPOs or 

nonattainment areas, to be initiated by VDOT in 

consultation with the MPOs, and conducted in 

accordance with subdivisions C 1 and 3 of this section. 

3. Where the metropolitan planning area does not include 

the entire nonattainment or maintenance area, an 

interagency consultation process in accordance with 

subdivisions C 1 and 3 of this section involving the MPOs 

and VDOT shall be undertaken for cooperative planning 

and analysis for purposes of determining conformity of all 

projects outside the metropolitan area and within the 

nonattainment or maintenance area, to be initiated by 

VDOT, in consultation with the MPOs, and in accordance 

with subdivisions C 1 and 3 of this section. 

4. To assure that plans for construction of regionally 

significant projects that are not FHWA or FTA projects 

(including projects for which alternative locations, design 

concept and scope, or the no-build option are still being 

considered), including all those by recipients of funds 

designated under Title 23 USC or the Federal Transit Act, 

are disclosed to the MPO on a regular basis, and to assure 

that any changes to those plans are immediately disclosed, 

an interagency consultation process shall be undertaken, to 

be initiated by the MPO, in consultation with VDOT, and 

conducted in accordance with subdivisions C 1 and 3 of 

this section involving the MPO, VDOT, VDRPT, and 

recipients of funds designated under Title 23 USC or the 

Federal Transit Act. 

5. An interagency consultation process in accordance with 

subsections C 1 and 3 of this section involving the MPOs 

and other recipients of funds designated under Title 23 

USC or the Federal Transit Act shall be undertaken for 

developing assumptions regarding the location and design 

concept and scope of projects that are disclosed to the 

MPO as required by subdivision 4 of this subsection but 

whose sponsors have not yet decided these features in 

sufficient detail to perform the regional emissions analysis 

according to the requirements of 40 CFR 93.122, to be 

initiated by the MPO, in consultation with VDOT, and 

conducted in accordance with subdivisions C 1 and 3 of 

this section. 

6. An interagency consultation process in accordance with 

subdivisions C 1 and 3 of this section shall be undertaken 

for the design, schedule, and funding of research and data 
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Volume 28, Issue 23 Virginia Register of Regulations July 16, 2012

1727

collection efforts and model developments in regional 

transportation (such as household or travel transportation 

surveys) to be initiated by the MPO, in consultation with 

VDOT, and conducted in accordance with subdivisions C 1 

and 3 of this section. 

E. The provisions of this subsection shall be followed with 

regard to conflict resolution associated with interagency 

consultation. 

1. Unresolved conflicts among state agencies, or between 

state agencies and the MPO(s), or among MPO member 

jurisdictions, shall be identified by an MPO or agency in 

writing to the other MPO, DEQ, VDOT, or VDRPT, with 

copies to FHWA, FTA and EPA. The MPO's or agency's 

written notice shall: 

a. Explain the nature of the conflict; 

b. Review options for resolving the conflict; 

c. Describe the MPO's or agency's proposal to resolve the 

conflict; 

d. Explain the consequences of not reaching a resolution;

and 

e. Request that comments on the matter be received 

within two weeks. 

2. If the above action does not result in a resolution to the 

conflict, either of the following shall apply: 

a. If the conflict is between the MPOs or between the 

MPO(s) and VDOT or VDRPT or both, then the parties 

shall follow the coordination procedures of 23 CFR 

450.210. 

b. If the conflict is between the MPO(s) or VDOT or 

VDRPT and the DEQ and the conflict can not be 

resolved by the affected agency heads, then the DEQ 

Director may elevate the conflict to the Governor in 

accordance with the procedures of subdivision 3 of this 

section. If the DEQ Director does not appeal to the 

Governor within 14 days as provided in subdivision 3 a 

of this subsection, the MPO or VDOT or VDRPT may 

proceed with its final conformity determination. 

3. Appeals to the Governor by the DEQ Director under the 

provisions of subdivision 2 b of this subsection shall be in 

accordance with the following procedures: 

a. The DEQ Director has 14 calendar days to appeal to 

the Governor after the MPO(s) or VDOT or VDRPT has 

notified the DEQ Director of the agency's or MPO's 

resolution of DEQ's comments. The notification to the 

DEQ Director shall be in writing and shall be handdelivered. The 14-day clock shall commence when 

VDOT or VDRPT or the MPO has confirmed receipt by 

the DEQ Director of the agency's or MPO's resolution of 

the DEQ's comments. 

b. The appeal to the Governor shall consist of the 

following: the conformity determination and any 

supporting documentation; DEQ's comments on the 

determination; the MPO(s) or VDOT or VDRPT 

resolution of DEQ's comments; and DEQ's appeal 

document. 

c. The DEQ shall provide a complete appeal package to 

the MPO, VDOT and VDRPT within 24 hours of the 

time the appeal is filed with the Governor's Office. 

d. If the Governor does not concur with the conformity 

determination, he may direct revision of the applicable 

implementation plan, revision of the planned program of 

projects, revision of the conformity analysis or any 

combination of the preceding. 

e. If the Governor concurs with the conformity 

determination made by the MPO and VDOT, the MPO 

and VDOT may proceed with the final conformity 

determination. 

f. The Governor may delegate his role in this process, but 

not to the agency head or staff of DEQ, VDOT or 

VDRPT or the Commonwealth Board of Transportation. 

4. Nothing in this section shall prevent the state agencies 

and MPOs from making efforts upon their own initiative to 

obtain mutual conflict resolution through conference or 

other appropriate means. 

F. The provisions of this subsection shall be followed with 

regard to public consultation. 

1. The MPOs shall establish a proactive involvement 

process that provides reasonable opportunity for review 

and comment by, at a minimum, providing reasonable 

public access to technical and policy information 

considered by the MPO at the beginning of the public 

comment period and prior to taking formal action on a 

conformity determination for all transportation plans and 

TIPs, consistent with the requirements of 23 CFR 

450.316(a). 

2. The MPOs shall specifically address in writing public 

comments regarding plans for a regionally significant 

project, not receiving FHWA or FTA funding or approval, 

and how the project is properly reflected in the emission 

analysis supporting a proposed conformity finding for a 

transportation plan or TIP. 

3. The MPOs shall also provide an opportunity for public 

involvement in conformity determinations for projects 

where otherwise required by law. 

VA.R. Doc. No. R12-3248; Filed June 13, 2012, 1:41 p.m. 

VIRGINIA WASTE MANAGEMENT BOARD

Final Regulation

REGISTRAR'S NOTICE: The Virginia Waste Management 

Board is claiming an exclusion from the Administrative 

Process Act in accordance with § 2.2-4006 A 4 a of the Code 

of Virginia, which excludes regulations that are necessary to 

conform to changes in Virginia statutory law where no 

agency discretion is involved. The Virginia Waste 
ENCLOSURE 1

COMMONWEALTH OF VIRGINIA

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED

REVISION C12

CONCERNING

TRANSPORTATION CONFORMITY

(9VAC5 CHAPTER 151)

Adoption Date: June 8, 2010

Effective Date: August 15, 2012

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

used to implement the State Implementation Plan (SIP). A copy of the actual regulation 

submitted for approval and incorporation by reference into the Virginia SIP is included 

in Enclosure 2.

CHAPTER 151 TRANSPORTATION CONFORMITY

Part III. Criteria and Procedures for Making Conformity 

Determinations.

9VAC5-151-40 General (modified)

9VAC5-151-70 Consultation (modified)

TEMPLATES\SIP-REG\REG01

SIP\NONATTN PLANS\2012\C12-SIP-1.DOC
COMMONWEALTH OF VIRGINIA PAGE 1 of 11

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 151)

9VAC5 CHAPTER 151.

REGULATION FOR TRANSPORTATION CONFORMITY.

9VAC5-151-40. General.

The Environmental Protection Agency (EPA) regulations promulgated at 40 CFR 

Part 93, Subpart A (Conformity to State or Federal Implementation Plans of 

Transportation Plans, Programs, and Projects Developed, Funded or Approved Under 

Title 23 USC or the Federal Transit Laws) and designated in 9VAC5-151-50 are 

incorporated by reference into this chapter as amended by the word or phrase 

substitutions given in 9VAC5-151-60. The 40 CFR section numbers appearing in 

9VAC5-151-50 identify the specific provisions incorporated by reference. The specific 

version of the provisions incorporated by reference shall be that contained in the CFR 

(2010) in effect July 1, 2010 (2012) in effect July 1, 2012.

9VAC5-151-70. Consultation.

A. The MPOs, LPOs, DEQ, VDOT and VDRPT shall undertake the procedures 

prescribed in this section for interagency consultation, conflict resolution and public 

consultation with each other and with local or regional offices of EPA, FHWA, and FTA 

on the development of control strategy implementation plan revisions, the list of TCMs 

in the applicable implementation plan, transportation plans, TIPs, and associated 

conformity determinations required by this chapter.

B. Until EPA grants approval of this chapter, the MPOs, and VDOT and VDRPT, 

prior to making conformity determinations, shall provide reasonable opportunity for 

consultation with LPOs, DEQ and EPA on the issues in subdivision D 1 of this section.

C. The provisions of this subsection shall be followed with regard to general 

factors associated with interagency consultation.

1. Representatives of the MPOs, VDOT, VDRPT, FHWA, and FTA shall 

undertake an interagency consultation process, in accordance with subdivisions 1 and 3 

of this subsection and subsection D of this section, with the LPOs, DEQ and EPA on 

the development of the implementation plans, transportation plans, TIPs, any revisions 

to the preceding documents, and associated conformity determinations.

a. MPOs, or their designee, shall be the lead agencies responsible 

for preparing the final document or decision and for assuring the adequacy of the 

interagency consultation process with respect to the development of the transportation 

plan, the TIP, and any amendments or revisions thereto. In the case of 

non-metropolitan areas, VDOT shall be the lead agency responsible for preparing the 

final document or decision and for assuring the adequacy of the interagency 

consultation process with respect to the development of the statewide transportation 
COMMONWEALTH OF VIRGINIA PAGE 2 of 11

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plan, the statewide TIP, and any amendments or revisions thereto. The MPOs shall be 

the lead agencies responsible for preparing the final document or decision and for 

assuring the adequacy of the interagency consultation process with respect to any 

determinations of conformity under this chapter for which the MPO is responsible.

b. It shall be the affirmative responsibility of the lead agency to 

initiate the process by notifying other participants, convene meetings, assure that all 

relevant documents and information are supplied to all participants in the consultation 

process in a timely manner, prepare summaries of consultation meetings, maintain a 

written record of the consultation process, provide final documents and supporting 

information to each agency after approval or adoption, and to assure the adequacy of 

the interagency consultation process with respect to the subject document or decision.

c. Regular consultation on major activities (such as the 

development of a transportation plan, the development of a TIP, or any determination of 

conformity on transportation plans or TIPs) shall include meetings beginning on a date 

determined by the lead agency to be adequate to meet the date a final document is 

required and continuing at frequency mutually determined by the affected agencies. In 

addition, technical meetings shall be convened as necessary.

d. Each lead agency in the consultation process shall confer with 

all other agencies identified under subdivision 1 of this subsection with an interest in the 

document to be developed, provide all information to those agencies needed for 

meaningful input, solicit early and continuing input from those agencies, and prior to 

taking any action, consider the views of each agency and respond to those views in a 

timely, substantive written manner prior to any final decision on the documents. The 

views and written responses shall be made part of the record of any decision or action.

e. It shall be the responsibility of each agency specified in 

subdivision 1 of this subsection, when not fulfilling the responsibilities of lead agency, to 

confer with the lead agency and other participants in the consultation process, review 

and comment as appropriate (including comments in writing) on all proposed and final 

documents and decisions in a timely manner, attend consultation and decision 

meetings, provide input on any area of substantive expertise or responsibility, and 

provide technical assistance to the lead agency or to the consultation process when 

requested.

2. Representatives of the LPOs, DEQ, and EPA shall undertake an 

interagency consultation process, in accordance with this subdivision and subdivision 3 

of this subsection, with MPOs, VDOT, VDRPT, FHWA, and FTA on the development of 

control strategy implementation plan revisions, the list of TCMs in the applicable 

implementation plan, and any revisions to the preceding documents.

a. The DEQ, in conjunction with the LPOs, shall be the lead agency 
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responsible for preparing the final document or decision and for assuring the adequacy 

of the interagency consultation process with respect to the development of control 

strategy implementation plan revisions, the credits associated with the list of TCMs in 

the applicable implementation plan, and any amendments or revisions thereto.

b. It shall be the affirmative responsibility of the lead agency to 

initiate the process by notifying other participants, convene meetings, assure that all 

relevant documents and information are supplied to all participants in the consultation 

process in a timely manner, prepare minutes of consultation meetings, maintain a 

written record of the consultation process, provide final documents and supporting 

information to each agency after approval or adoption, and to assure the adequacy of 

the interagency consultation process with respect to the subject document or decision.

c. Regular consultation on the development of any control strategy 

implementation plan revision shall include meetings beginning on a date determined by 

the lead agency to be adequate to meet the date a final document is required and 

continuing at frequency mutually determined by the affected agencies. In addition, 

technical meetings shall be convened as necessary.

d. Each lead agency in the consultation process shall confer with 

all other agencies identified under subdivision 1 of this subsection with an interest in the 

document to be developed, provide all information to those agencies needed for 

meaningful input, solicit early and continuing input from those agencies, and prior to 

taking any action, consider the views of each agency and respond to those views in a 

timely, substantive written manner prior to any final decision on the documents. The 

views and written responses shall be made part of the record of any decision or action.

e. It shall be the responsibility of each agency specified in 

subdivision 1 of this subsection, when not fulfilling the responsibilities of lead agency, to 

confer with the lead agency and other participants in the consultation process, review 

and comment as appropriate (including comments in writing) on all proposed and final 

documents and decisions in a timely manner, attend consultation and decision 

meetings, provide input on any area of substantive expertise or responsibility, and 

provide technical assistance to the lead agency or to the consultation process when 

requested.

3. The specific roles and responsibilities of various participants in the 

interagency consultation process shall be as follows:

a. The MPOs shall be responsible for the following:

(1) Developing metropolitan transportation plans and TIPs in 

accordance with 23 CFR Part 450 and 49 CFR Part 613 and the Safe, Accountable, 

Flexible, Efficient, Transportation Equity Act: A Legacy for Users (Public Law No. 109-
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59).

(2) Adopting conformity determinations in conjunction with 

the adoption of transportation plans and TIPs and any revisions to the documents.

(3) In cooperation with VDOT, with assistance from VDRPT:

(a) Developing conformity assessments and 

associated documentation.

(b) Evaluating potential TCM projects and impacts.

(c) (i) Developing or approving transportation and 

related socio-economic data and planning assumptions, or both, and (ii) providing the 

data and assumptions for use in air quality analysis for implementation plan tracking 

and conformity of transportation plans, TIPs and projects.

(d) Monitoring regionally significant projects.

(e) Providing technical and policy input into the 

development of emissions budgets.

(f) Assuring the proper completion of transportation 

modeling, regional emissions analyses and documentation of timely implementation of 

TCMs needed for conformity assessments.

(g) Involving the DEQ and LPOs continuously in the 

process.

(h) Consulting with FHWA and FTA on (i) timely 

action on final findings of conformity, after consultation with other agencies as provided 

in this section; and (ii) guidance on conformity and the transportation planning process 

to agencies in interagency consultation.

(i) Consulting with EPA on (i) review and approval of 

updated motor vehicle emissions factors, emission inventories and budgets; and (ii) 

guidance on conformity criteria and procedures to the agencies involved in the 

interagency consultation process.

b. The VDOT, with assistance from the VDRPT, shall be 

responsible for the following:

(1) Developing statewide transportation plans and statewide 

TIPs.
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(2) Providing demand forecasting and on-road mobile source 

emission inventories.

(3) Circulating draft and final project environmental 

documents to other agencies.

(4) Convening air quality technical review meetings on 

specific projects as needed or when requested by other agencies.

(5) In cooperation with the MPOs:

(a) Developing conformity assessments and 

associated documentation.

(b) Evaluating potential TCM projects and impacts.

(c) (i) Developing or approving transportation and 

related planning assumptions, or both, and (ii) providing the data and assumptions for 

use in air quality analysis for implementation plan tracking and conformity of 

transportation plans, TIPs and projects.

(d) Monitoring regionally significant projects.

(e) Providing technical and policy input into the 

development of emissions budgets.

(f) Assuring the proper completion of transportation 

modeling, regional emissions analyses and documentation of timely implementation of 

TCMs need for conformity assessments.

(g) Involving the DEQ and LPOs continuously in the 

process.

(h) Consulting with FHWA and FTA on (i) timely 

action on final findings of conformity, after consultation with other agencies as provided 

in this section; and (ii) guidance on conformity and the transportation planning process 

to agencies in interagency consultation.

(i) Consulting with EPA on (i) review and approval of 

updated motor vehicle emissions factors, emission inventories and budgets; and (ii) 

guidance on conformity criteria and procedures to the agencies involved in the 

interagency consultation process.

c. The LPOs shall be responsible for the following:
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(1) Developing emissions inventories and budgets.

(2) Developing control strategy implementation plan 

revisions and maintenance plans.

(3) Providing a staff liaison to the MPOs for conformity and 

to be responsive to MPO requests for information and technical guidance.

(4) Involving the MPOs, VDOT AND VDRPT continuously in 

the process.

d. The DEQ shall be responsible for the following:

(1) Developing emissions inventories and budgets.

(2) Tracking attainment of air quality standards, and 

emission factor model updates.

(3) Gaining final approval at state level for control strategy 

implementation plan revisions and maintenance plans.

(4) Providing a staff liaison to the LPOs for conformity and to 

be responsive to LPO requests for information and technical guidance.

(5) Involving the LPOs continuously in the process.

e. The FHWA and FTA shall be responsible for the following:

(1) Assuring timely action on final findings of conformity, 

after consultation with other agencies as provided in this section.

(2) Providing guidance on conformity and the transportation 

planning process to agencies in interagency consultation.

f. The EPA shall be responsible for the following:

(1) Reviewing and approving updated motor vehicle 

emissions factors.

(2) Providing guidance on conformity criteria and procedures 

to agencies in interagency consultation.

(3) Assuring timely action on conformity analysis and 
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findings and implementation plan revisions.

4. The MPOs, LPOs, DEQ, VDOT and VDRPT may enter into agreements 

to set forth specific consultation procedures in more detail that are not in conflict with 

this section.

D. The provisions of this subsection shall be followed with regard to specific 

processes associated with interagency consultation.

1. An interagency consultation process involving the MPOs, LPOs, DEQ, 

VDOT, VDRPT, EPA, FHWA, and FTA shall be undertaken for the following:

a. Evaluating and choosing each model (or models) and associated 

methods and assumptions to be used in hot-spot analyses and regional emission 

analyses, including vehicle miles traveled (VMT) forecasting, to be initiated by VDOT, in 

consultation with the MPOs, and conducted in accordance with subdivisions C 1 and 3 

of this section.

b. Determining which transportation projects should be considered 

"regionally significant" for the purpose of regional emission analysis (in addition to those 

functionally classified as principal arterial or higher; or fixed guideway systems or 

extensions that offer an alternative to regional highway travel), and which projects 

should be considered to have a significant change in design concept and scope from 

the transportation plan or TIP, to be initiated by VDOT, in consultation with the MPOs, 

and conducted in accordance with subdivisions C 1 and 3 of this section.

c. Evaluating whether projects otherwise exempted from meeting 

the requirements of 40 CFR 93.126 and 40 CFR 93.127 should be treated as 

non-exempt in cases where potential adverse emissions impacts may exist for any 

reason, to be initiated by VDOT, in consultation with the MPOs, and conducted in 

accordance with subdivisions C 1 and 3 of this section.

d. Making a determination, as required by 40 CFR 93.113(c)(1), 

whether past obstacles to implementation of TCMs that are behind the schedule 

established in the applicable implementation plan have been identified and are being 

overcome, and whether state and local agencies with influence over approvals or 

funding for TCMs are giving maximum priority to approval or funding for TCMs, to be 

initiated by VDOT as lead agency, in consultation with the MPOs and VDRPT, and 

conducted in accordance with subdivisions C 1 and 3 of this section. This consultation 

process shall also consider whether delays in TCM implementation necessitate 

revisions to the applicable implementation plan to remove TCMs or substitute TCMs or 

other emission reduction measures.

e. Notifying all parties to the consultation process of transportation 
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plan or TIP amendments which merely add or delete exempt projects listed in 40 CFR 

93.126 or 40 CFR 93.127, to be initiated by VDOT in consultation with the MPOs, and 

conducted in accordance with subdivisions C 1 and 3 of this section.

f. Choosing conformity tests and methodologies for isolated rural 

nonattainment and maintenance areas, as required by 40 CFR 93.109(n)(2)(iii) 40 

CFR 93.109(g)(2)(iii), to be initiated by VDOT, in consultation with the MPOs, and in 

accordance with subdivisions C 1 and 3 of this section.

g. Determining what forecast of vehicle miles traveled (VMT) to use 

in establishing or tracking emissions budgets, developing transportation plans, TIPs, or 

control strategy implementation plan revisions, or making conformity determinations, to 

be initiated by VDOT, in consultation with the MPOs, and in accordance with 

subdivisions C 1 and 3 of this section.

2. An interagency consultation process in accordance with subsection C 

of this section involving the MPOs, LPOs, DEQ, VDOT, and VDRPT shall be 

undertaken for the following:

a. Evaluating events which may trigger new conformity 

determinations in addition to those triggering events established by 40 CFR 93.104, to 

be initiated by VDOT, in consultation with the MPOs and DEQ, and conducted in 

accordance with subdivisions C 1 and 3 of this section.

b. Consulting on emissions analysis for transportation activities 

which cross the borders of MPOs or nonattainment areas, to be initiated by VDOT in 

consultation with the MPOs, and conducted in accordance with subdivisions C 1 and 3 

of this section.

3. Where the metropolitan planning area does not include the entire 

nonattainment or maintenance area, an interagency consultation process in accordance 

with subdivisions C 1 and 3 of this section involving the MPOs and VDOT shall be 

undertaken for cooperative planning and analysis for purposes of determining 

conformity of all projects outside the metropolitan area and within the nonattainment or 

maintenance area, to be initiated by VDOT, in consultation with the MPOs, and in 

accordance with subdivisions C 1 and 3 of this section.

4. To assure that plans for construction of regionally significant projects 

which are not FHWA or FTA projects (including projects for which alternative locations, 

design concept and scope, or the no-build option are still being considered), including 

all those by recipients of funds designated under Title 23 USC or the Federal Transit 

Act, are disclosed to the MPO on a regular basis, and to assure that any changes to 

those plans are immediately disclosed, an interagency consultation process shall be 

undertaken, to be initiated by the MPO, in consultation with VDOT, and conducted in 
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accordance with subdivisions C 1 and 3 of this section involving the MPO, VDOT, 

VDRPT, and recipients of funds designated under Title 23 USC or the Federal Transit 

Act.

5. An interagency consultation process in accordance with subsections C 

1 and 3 of this section involving the MPOs and other recipients of funds designated 

under Title 23 USC or the Federal Transit Act shall be undertaken for developing 

assumptions regarding the location and design concept and scope of projects which are 

disclosed to the MPO as required by subdivision 4 of this subsection but whose 

sponsors have not yet decided these features in sufficient detail to perform the regional 

emissions analysis according to the requirements of 40 CFR 93.122, to be initiated by 

the MPO, in consultation with VDOT, and conducted in accordance with subdivisions C 

1 and 3 of this section.

6. An interagency consultation process in accordance with subdivisions C 

1 and 3 of this section shall be undertaken for the design, schedule, and funding of 

research and data collection efforts and model developments in regional transportation 

(such as household or travel transportation surveys) to be initiated by the MPO, in 

consultation with VDOT, and conducted in accordance with subdivisions C 1 and 3 of 

this section.

E. The provisions of this subsection shall be followed with regard to conflict 

resolution associated with interagency consultation.

1. Unresolved conflicts among state agencies, or between state agencies 

and the MPO(s), or among MPO member jurisdictions, shall be identified by an MPO or 

agency in writing to the other MPO, DEQ, VDOT, or VDRPT, with copies to FHWA, FTA 

and EPA. The MPO's or agency's written notice shall:

a. Explain the nature of the conflict;

b. Review options for resolving the conflict;

c. Describe the MPO's or agency's proposal to resolve the conflict;

d. Explain the consequences of not reaching a resolution; and

e. Request that comments on the matter be received within two 

weeks.

2. If the above action does not result in a resolution to the conflict, either 

of the following shall apply:

a. If the conflict is between the MPOs or between the MPO(s) and 
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VDOT or VDRPT or both, then the parties shall follow the coordination procedures of 23 

CFR 450.210.

b. If the conflict is between the MPO(s) or VDOT or VDRPT and the 

DEQ and the conflict can not be resolved by the affected agency heads, then the DEQ 

Director may elevate the conflict to the Governor in accordance with the procedures of 

subdivision 3 of this section. If the DEQ Director does not appeal to the Governor within 

14 days as provided in subdivision 3 a of this subsection, the MPO or VDOT or VDRPT 

may proceed with its final conformity determination.

3. Appeals to the Governor by the DEQ Director under the provisions of 

subdivision 2 b of this subsection shall be in accordance with the following procedures:

a. The DEQ Director has 14 calendar days to appeal to the 

Governor after the MPO(s) or VDOT or VDRPT has notified the DEQ Director of the 

agency's or MPO's resolution of DEQ's comments. The notification to the DEQ Director 

shall be in writing and shall be hand-delivered. The 14 day clock shall commence when 

VDOT or VDRPT or the MPO has confirmed receipt by the DEQ Director of the 

agency's or MPO's resolution of the DEQ's comments.

b. The appeal to the Governor shall consist of the following: the 

conformity determination and any supporting documentation; DEQ's comments on the 

determination; the MPO(s) or VDOT or VDRPT resolution of DEQ's comments; and 

DEQ's appeal document.

c. The DEQ shall provide a complete appeal package to the MPO, 

VDOT and VDRPT within 24 hours of the time the appeal is filed with the Governor's

Office.

d. If the Governor does not concur with the conformity 

determination, he may direct revision of the applicable implementation plan, revision of 

the planned program of projects, revision of the conformity analysis or any combination 

of the preceding.

e. If the Governor concurs with the conformity determination made 

by the MPO and VDOT, the MPO and VDOT may proceed with the final conformity 

determination.

f. The Governor may delegate his role in this process, but not to the 

agency head or staff of DEQ, VDOT or VDRPT or the Commonwealth Board of 

Transportation.

4. Nothing in this section shall prevent the state agencies and MPOs from 

making efforts upon their own initiative to obtain mutual conflict resolution through 
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conference or other appropriate means.

F. The provisions of this subsection shall be followed with regard to public 

consultation.

1. The MPOs shall establish a proactive involvement process which 

provides reasonable opportunity for review and comment by, at a minimum, providing 

reasonable public access to technical and policy information considered by the MPO at 

the beginning of the public comment period and prior to taking formal action on a 

conformity determination for all transportation plans and TIPs, consistent with the 

requirements of 23 CFR 450.316(a).

2. The MPOs shall specifically address in writing public comments 

regarding plans for a regionally significant project, not receiving FHWA or FTA funding 

or approval, and how the project is properly reflected in the emission analysis 

supporting a proposed conformity finding for a transportation plan or TIP.

3. The MPOs shall also provide an opportunity for public involvement in 

conformity determinations for projects where otherwise required by law.

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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 August 27 to September 27, 2012.

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, along with the location of the 

proposal for public inspection, on August 27, 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 and Maryland, which share affected 

interstate Air Quality Control Regions with Virginia, were notified of the public comment 

period. These notifications follow the requirements of 40 CFR Part 51.102(d)(3), (4) 

and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

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

amendments were published in the Virginia Register on July 16, 2012 after being duly 

adopted by the State Air Pollution Control Board on June 8, 2012 certified by the Office 

of the Attorney General as within the board’s statutory authority on June 12, 2012, 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 June 13, 2012, 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 June 15, 2012.

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SIP\NONATTN\2012\C12-SIP-2.DOC
GENERAL NOTICES/ERRATA

Volume 28, Issue 26 Virginia Register of Regulations August 27, 2012

2127

GENERAL NOTICES/ERRATA

STATE AIR POLLUTION CONTROL BOARD

Proposed State Implementation Plan Revision -

Transportation Conformity

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 EPA as a revision to the 

SIP in accordance with the requirements of § 110(a) of the 

federal Clean Air Act.

Regulations affected: The regulation of the board affected by 

this action is Transportation Conformity (9VAC5-151, Rev. 

C12).

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: August 27, 2012, to September 27, 

2012.

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 a of the 

Administrative Process Act because they are necessary to 

conform to Virginia statutory law. Since the amendments are 

exempt from administrative procedures for the adoption of 

regulations, DEQ is accepting comment only on the issue 

cited above under "purpose of notice" and not on the content 

of the regulation amendments.

Description of proposal: EPA promulgated various 

administrative amendments to the federal transportation 

regulation on March 14, 2012 (77 FR 14979). Under 40 CFR 

51.390, Virginia is required to submit a SIP revision to EPA 

that establishes conformity criteria and procedures consistent 

with the transportation conformity regulation promulgated by 

EPA at 40 CFR Part 93. In order to implement the federal 

transportation conformity requirements, the Virginia 

regulation must reflect the recent revisions made to the 

federal regulations. To this end, 9VAC5-151 was amended to 

include the most recent federal revisions.

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. 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, 

fax, and postal mail. In order to be considered, comments 

must include the full name, address and telephone number of 

the person commenting and be received by DEQ by the last 

day of the comment period. All materials received are part of 

the public record.

To review regulation documents: The proposal and any 

supporting documents are available on the DEQ Air Public 

Notices for Plans website at 

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

nsandprograms.aspx. The documents may also be obtained by 

contacting the DEQ representative named below. The public 

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

of each business day until the close of the public comment 

period at the following DEQ locations:

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

Richmond, VA, telephone (804) 698-4070; 

2) Piedmont Regional Office, 4949-A Cox Road, Glen 

Allen, VA, telephone (804) 527-5020; 

3) Northern Regional Office, 13901 Crown Court, 

Woodbridge, VA, telephone (703) 583-3800; and 

4) Tidewater Regional Office, 5636 Southern Blvd., 

Virginia Beach, VA, telephone (757) 518-2000.

Contact Information: 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, TDD (804) 698-4021, or email 

mary.major@deq.virginia.gov.

STATE CORPORATION COMMISSION

Bureau of Insurance

AT RICHMOND, JULY 26, 2012

COMMONWEALTH OF VIRGINIA, ex rel.

STATE CORPORATION COMMISSION

CASE NO. INS-2012-00014

Ex Parte: In the matter of adoption of

adjusted prima facie rates for credit life

and credit accident and sickness insurance
ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

The complete record of public participation activities is located at the Air Division of the 

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division.

The state did not receive testimony on this particular revision.

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