Douglas W. Domenech
Secretary of Natural Resources 

# COMMONWEALTH of VIRGINIA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Street address: 629 East M ain Street, Richmo nd, Virginia 23219

Mailing address: P .O. Box 1105, R ic hmond

, Vir gin ia 2321 8

TDD (804) 698-4021

www .de q

. 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 behalfof 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 Au thority: § 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:

Th e 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 c riteria 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 t o 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

re ference 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 incorpor ated 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, con flict 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 p lans, 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 wit h 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 F TA 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 revi sions 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 proce ss 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 t he 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

do cument 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 c onsultation 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 TI Ps) 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

con vened as necessary.

## Regulations

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

1724 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 f

or 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, prov ide 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 p rocess, 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 re visions 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

devel opment 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 init iate 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 wri tten 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 m utually 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 int erest 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 vie ws 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 do cuments 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 wit h 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 an d 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) M onitoring 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

## Regulations

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

1725 documentation of timely implemen tation 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 thi s 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; an d (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 pr ojects 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 pla ns, 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

doc umentation 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 l evel 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 th e 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

transport ation 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 agenc ies 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 proces ses 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 me thods and assumptions to be used in hot

spot 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 thi s 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 em issions 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 obstacle s 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 maximu m 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

dela ys 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

fo llowing:

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 a nd 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 accordan ce 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 op tion 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 Ti tle 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 under taken 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 pe rform 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

## Regulations

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

consulta tion.

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. Th e 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 m ay 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

p roceed 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 mutu al 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 opportun ity 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,

an d 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

wher e 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 1 51 )

Adoption Date: June 8 , 2010
Ef fective Date: August 15, 2012

The following table lists the specific provis ions 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 r eference into the Virginia SIP is included

in Enclosure 2.

CHAPTER 1 51 TRANSPORTATION C ONFORMITY

Part III. Criteria and Procedures for Making Conformity

Determinations.

9VAC5

- 1 51

- 4 0 General (modified)

9VAC5

- 1 51

- 7 0 Consultation (modified)

TEMPLA TES \ SIP

- REG \ REG01

SIP \ NONATTN PLANS \ 20 1 2 \ C12

- SIP

- 1.DOCCOMMONWEALTH 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 Pla ns, Programs, and Projects Developed, Funded or Approved Under
Title 23 USC or the Federal Tr ansit Laws) and designated in 9 VAC5

- 151

- 50 are incorporated by reference into this chapter as amended by the word or phrase substitutions given in 9VAC5

- 151

- 60. Th e 40 CFR section numbers appearing in

9 VAC 5

- 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 (20 10 ) in effect July 1, 20 10 (201 2 ) in effec t July 1, 201 2

.

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 regi onal 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 determinati ons.

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 T IP, 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 transportationCOMMONWEALTH OF VIRGINIA PAGE 2 of 11
STATE AIR POLLUTION CONTROL BOARD

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



### 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, conven e 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 t he 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 respons ibility 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 c omments 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 o r 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 F TA 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 agencyCOMMONWEALTH OF VIRGINIA PAGE 3 of 11
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### responsibl e 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 appl icable 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 info rmation 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 afte r 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 m eetings 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 in put, 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 wr itten 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 pr ocess 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, Transpo rtation Equity Act: A Legacy for Users (Public Law No. 109

-COMMONWEALTH OF VIRGINIA PAGE 4 of 11
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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 assist ance 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 assumption s, 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 te chnical 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 an d 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 a nd 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.COMMONWEALTH OF VIRGINIA PAGE 5 of 11
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### (2) Providi ng 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 re quested 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

re lated 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 project s.

(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 confor mity 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) gui dance 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:COMMONWEALTH OF VIRGINIA PAGE 6 of 11
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### (1) Developing emissions inventories and budgets.

(2) Developing control strategy implem entation 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 proces s.

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 co ntrol 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 p rocess.

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 t ransportation 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 andCOMMONWEALTH OF VIRGINIA PAGE 7 of 11
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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 consultatio n 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, includ ing 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

sho uld 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. Evaluati ng 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 wi th 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 applic able 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 pl an to remove TCMs or substitute TCMs or

other emission reduction measures.

e. Notifying all parties to the consultation process of transportationCOMMONWEALTH OF VIRGINIA PAGE 8 of 11
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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 C FR 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

det erminations 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 analysi s 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 ar ea 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 purpos es 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 ass ure 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 inCOMMONWEALTH OF VIRGINIA PAGE 9 of 11
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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 interagen cy 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 sect ion 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 VD OT, 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 agenci es, 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) andCOMMONWEALTH OF VIRGINIA PAGE 10 of 11
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### VDOT or VDRPT or both, then the pa rties 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 conf ormity 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 prec eding.

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 throughCOMMONWEALTH OF VIRGINIA PAGE 11 of 11
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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, p roviding 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 t he 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 acti vities and compliance with state administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity to submit written comments concerning a proposed revision to the Commonwealth of Virginia State Implementation Plan was held from August 27 to September 27 , 201 2

.

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 lo cation 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 no tice 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 pu blished 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 e nforceable 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 Pl an is attached, along with the effective date of June 15, 2012

.

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## 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 Conformi ty

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 r esponsibilities 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 li sted 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

re quested 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 ado ption 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 transporta tion 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 revisio ns.

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 Commo nwealth 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 r ecord.

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 o f 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) Norther n 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, 6 29 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 VIRG INIA, 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

T he complete record of public participation activities is located at the Air Division of the Department of Environmental Quality. The d epartment contact to access this information is the Director, Air Division

.

The state did not receive testimony on this particular revision.

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