Molly" J ose ph Ward Secretary of Natural Resources 

# COMMONWEALTH of VIRGINIA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Stre e t address: 629 East Main Street

, Richmond, Virginia 23219

Mailing address: P.O

. Box II 05

, Richmond

, Virginia 23218

TDD (804) 698-4021

www .deq

. virginia.gov



# APR 1

- ; 

# 2014

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

1-800-592-54 82



### Reference: Definition of Volatile Organic Compound (Revision G 12)

Dear Ms. Esher:

Pursuant to the requirements of § 11 0 of the Clean Air Act, we are officially requesting approval of a revision to the Commonwealth of Virginia State Implementation Plan approved
and submitted under the authority of§ 10.1-1185 of the Code of Virginia and in accordance with
the requirements of 40 CPR Part 51 (Requirements for Preparation, Adoption, and Submittal of Implementation Plans).

This revision amends the definition of volatile organic compound (VOC) to add trans1,3,3,3-tetrafluoropropene (also known as HF0-1234ze) to the list of substances that are not considered to be VOCs in order to be consistent with the U.S. Environmental Protection Agency (EPA) definition as amended on June 22,2012 (77 FR 37610). The regulation amendment was adopted by the State Air Pollution Control Board on September 14, 2012 under the authority of§
10.1-1308 ofthe Code ofVirginia.

Enclosed are the following:

1. A true copy of the official regulation (Revision G 12) which was published in the Virginia Register of Regulations on October 21, 2013 after being duly adopted by the State Air
Pollution Control Board on September 14, 2012, certified by the Office of the Attorney General

as within the Board's statutory authority on September 19, 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 September 29,2013.

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\kgs

TEMPLATES\SIP-REG\REGOO SIP\NONATTN PLANS\20 14\G 12-SIP.DOC

Enclosures 

### Sin

, rely,

1 

# t!Yr}d

# JJMj\~f1W" David 

### K. Paylor (

### ENCLOSURE 1

COMMONWEALTH OF VIRGINIA STATE AIR POLLUTION CONTROL BOARD REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED REVISION G12 CONCERNING

DEFINITION OF VOC ( 9VAC5 CHAPTER 10 )

Adoption Date: September 14, 2012

Effec tive Date: December 5, 2013

CHAPTER 10 GENERAL DEFINITIONS

9VAC5

- 10

- 20 Terms defined

Modified

- volatile organic compound

TEMPLATES \ SIP

- REG \ REG01 SIP \ NONATTN PLANS \ 2014 \ G12

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### 9VAC5 CHAPTER 10. GENERAL DEFINITIONS.

9VAC5

- 10

- 20. Terms defined.

"Actual emissions rate" means the actual rate of emissions of a pollutant from an emissions unit. In general actual emissions shall equal the average rate, in tons per year, at which th e unit actually emitted the pollutant during the most recent two

- year period or some other two

- year period which is representative of normal source operation. If the board determines that no two

- year period is representative of normal source operation, the board shall allow the use of an alternative period of time upon a determination by the board that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and typ es of materials processed, stored, or combusted during the selected time period.

"Administrator" means the administrator of the U.S. Environmental Protection Agency (EPA) or an authorized representative.

"Affected facility" means, with reference to a stationary source, any part, equipment, facility, installation, apparatus, process or operation to which an emission standard is applicable or any other facility so designated. The term “affected facility” includes any affected source as defined in 40 CFR 63.2.

"Air pollution" means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety; to animal or plant life; or to property; or which unreasonably interfere with the enjoyment by the people of life or property.

"Air quality" means the specific measurement in the ambient air of a particular air pollutant at any given time.

"Air quality control region" means a ny area designated as such in 9 VAC5

- 20

- 200.

"Alternat ive method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method, but which has been demonstrated to the satisfaction of the board, in specific cases, to produce results adequate for its determinatio n of compliance.

"Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.COMMONWEALTH OF VIRGINIA PAGE 2 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### "Ambient air quality standard" means any primary or secondary standard designated as such in 9VAC5

- 30 (Ambient Air Qua lity Standards)

.
"Board" means the State Air Pollution Control Board or its designated representative.

"Class I area" means any prevention of significant deterioration area (i) in which virtually any deterioration of existing air quality is considere d significant a nd (ii) designated as such in 9VAC 5

- 20

- 205.

"Class II area" means any prevention of significant deterioration area (i) in which any deterioration of existing air quality beyond that normally accompanying well

- controlled growth is consider ed significant a nd (ii) designated as such in 9 VAC5

- 20

- 205.

"Class III area" means any prevention of significant deterioration area (i) in which deterioration of existing air quality to the levels of the ambient air quality standards is permitted and (i i) designated as such in 9VAC5

- 20

- 205.

"Continuous monitoring system" means the total equipment used to sample and condition (if applicable), to analyze, and to provide a permanent continuous record of emissions or process parameters.

"Control progra m" means a plan formulated by the owner of a stationary source to establish pollution abatement goals, including a compliance schedule to achieve such goals. The plan may be submitted voluntarily, or upon request or by order of the board, to ensure complia nce by the owner with standards, policies and regulations adopted by the board. The plan shall include system and equipment information and operating performance projections as required by the board for evaluating the probability of achievement. A control program shall contain the following increments of progress:

1. The date by which contracts for emission control system or process modifications are to be awarded, or the date by which orders are to be issued for the purchase of component parts to accom plish emission control or process modification.

2. The date by which the on

- site construction or installation of emission control equipment or process change is to be initiated.

3. The date by which the on

- site construction or installation of emiss ion control equipment or process modification is to be completed.COMMONWEALTH OF VIRGINIA PAGE 3 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### 4. The date by which final compliance is to be achieved.

"Criteria pollutant" means any pollutant for which an ambient air quality
standard is established under 9VAC5

- 30 (Ambient Air Quality Standards)

.

"Day" means a 24

- hour period beginning at midnight.

"Delayed compliance order" means any order of the board issued after an appropriate hearing to an owner which postpones the date by which a stationary source is required to compl y with any requirement contained in the applicable implementation plan.

"Department" means any employee or other representative of the Virginia Department of Environmental Quality, as designated by the director.

"Director" or "executive director" mea ns the director of the Virginia Department of Environmental Quality or a designated representative.

"Dispersion technique"

1. Means any technique which attempts to affect the concentration of a pollutant in the ambient air by:

a. Using that por tion of a stack which exceeds good engineering practice stack height;

b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise.

2. The preceding sentence does not include:

a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the g as stream;

b. The merging of exhaust gas streams where:

(1) The owner demonstrates that the facility wasCOMMONWEALTH OF VIRGINIA PAGE 4 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### originally designed and constructed with such merged gas streams;

(2) After July 8, 1985, such merging is part of a change in operatio n at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" shall apply only to the emission s limitati on for the pollutant affected by such change in operation; or

(3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission s limitation or, in the event that no emission s limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the board shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the owner that merging was not significantly motivated by such intent, the board shall deny credit for the effect s of such merging in calculating the allowable emissions for the source;

c. Smoke management in agricultural or silvicultural prescribed burning programs;

d. Episodic restrictions on residential woodburning and open burning;

or

e. Techniques un der subdivision 1 c of this definition which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.

"Emergency" means a situation that immediately and unreason ably affects, or has the potential to immediately and unreasonably affect, public health, safety or welfare; the health of animal or plant life; or property, whether used for recreational, commercial, industrial, agricultural or other reasonable use.

"E mission s limitation" means any requirement established by the board which limits the quantity, rate, or concentration of continuous emissions of air pollutants, including any requirements which limit the level of opacity, prescribe equipment, set fuel

spec ifications, or prescribe operation or maintenance procedures to assure continuous emission reduction.

"Emission standard" means any provision of 9VAC5

- 40 (Existing Stationary Sources), 9VAC5

- 50 (New and Modified Stationary Sources), or 9VAC5

- 60 (Hazardo usCOMMONWEALTH OF VIRGINIA PAGE 5 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### Air Pollutant Sources) which prescribes an emissions limitation, or other requirements that control air pollution emissions

.
"Emissions unit" means any part of a stationary source which emits or would have the potential to emit any air pollutant.

"Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated to the satisfaction of the board to have a consistent and quantitative relationship to the reference method under specified conditions.

"EPA" means the U.S. Environmental Protection Agency or an authorized representative.

"Excess emissions" means emissions of air pollutant in excess of an emission standard.

"Excessive concentration" is defined for the purpose of determining good engineeri ng practice (GEP) stack height under subdivision 3 of the GEP definition and

means:

1. For sources seeking credit for stack height exceeding that established under subdivision 2 of the GEP definition, a maximum ground

- level concentration due to emissio ns from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than an ambient air quality standard. For sources subject to the provisions of Article 8 (9VAC5

- 80

- 1605 et seq.) of Part II of 9VAC5

- 80 (Permi ts for Stationary Sources) , an excessive concentration alternatively means a maximum ground

- level concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration increment. The allowable emission rate to be used in ma king demonstrations under this provision shall be prescribed by the new source performance standard that is applicable to the source category unless the owner demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the board, an alternative emission rate shall be established in consultation with the owner;

2. For sources seeking credit after October 11, 1983, for increases inCOMMONWEALTH OF VIRGINIA PAGE 6 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### existing stack heights up to the heights established under subdivision 2 of the GEP definit ion, either (i) a maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects as provided in subdivision 1 of this definition, except that the emission rate specified by any applicable implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, or (ii) the actual presence of a local nuisance caused by the existing stack, as determined by the board; and

3. For sources seeking credit after January 12, 1979, for a stack height determined under subdivision 2 of the GEP definition where the board requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subdivision 2 of the GEP definition, a maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects that is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

"Existing source" means any stationary source other than a new source or modified source

.

"Facility" means something that is built, installed or established to serve a particular purpose; includes, but is not limited to, buildings, installations, public works, businesses, commercial and industrial plants, shops and stores, heating and powe r plants, apparatus, processes, operations, structures, and equipment of all types.

"Federal Clean Air Act" means Chapter 85 (§7401 et seq.) of Title 42 of the United States Code

.
"Federally enforceable" means all limitations and conditions which are enforceable by the administrator and citizens under the federal Clean Air Act or that are enforceable under other statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to, the following:

1. Emission standards, alternative emission standards, alternative emission s limitations, and equivalent emission s limitations established pursuant to § 112 of the federal Clean Air Act as amended in 1990.

2. New source performance standards establ ished pursuant to § 111 of the federal Clean Air Act, and emission standards established pursuant to § 112 of the federal Clean Air Act before it was amended in 1990.COMMONWEALTH OF VIRGINIA PAGE 7 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### 3. All terms and conditions in a federal operating permit, including any provisions t hat limit a source's potential to emit, unless expressly designated as not federally enforceable.

4. Limitations and conditions that are part of an implementation plan.

5. Limitations and conditions that are part of a section 111(d) or section 111( d)/129 plan.

6. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by EPA in accordance with 40 CFR Part 51.

7. Limitations and conditions that are part of an operating permit issued pursuant to a program approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for EPA and public comment prior to issua nce of the final permit and practicable enforceability.

8. Limitations and conditions in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the federa l Clean Air Act.

9. Individual consent agreements issued pursuant to the legal authority of EPA.

"Good engineering practice" or "GEP," with reference to the height of the stack, means the greater of:

1. 65 meters, measured from the ground

- level elevation at the base of the stack;

2. a. For stacks in existence on January 12, 1979, and for which the owner had obtained all applicable permits or approvals required under 9VAC5

- 80 (Permits for Stationary Sources)

,

Hg = 2.5H,

provided the owner produces evidence that this equation was actually relied on in establishing an emission s limitation;

b For all other stacks,COMMONWEALTH OF VIRGINIA PAGE 8 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### Hg = H + 1.5L,

where:

Hg = good engineering practice stack height, measured from the ground

- level elevation at the b ase of the stack,

H = height of nearby structures measured from the ground

- level elevation at the base of the stack,

L = lesser dimension, height or projected width, of nearby structures provided that the board may require the use of a field study or fluid model to verify GEP stack height for the

source; or

3. The height demonstrated by a fluid model or a field study approved by the board, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutan t as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain features.

"Hazardous air pollutant" means an air pollutant to which no ambient air quality standard is applicable and which i n the judgment of the administrator causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

"Implementation plan" m eans the portion or portions of the state implementation plan, or the most recent revision thereof, which has been approved under § 110 of the federal Clean Air Act, or promulgated under § 110(c) of the federal Clean Air Act, or promulgated or approved pur suant to regulations promulgated under § 301(d) of the federal Clean Air Act and which implements the relevant requirements of the federal Clean Air Act.

"Initial emission test" means the test required by any regulation, permit issued pursuant to 9VAC5

- 80 (Permits for Stationary Sources)

, control program, compliance schedule or other enforceable mechanism for determining compliance with new or more stringent emission standards or permit limitations or other emission s limitations requiring the installatio n or modification of air pollution control equipment or implementation of a control method. Initial emission tests shall be conducted in accordance with 9VAC5

- 40

- 30.COMMONWEALTH OF VIRGINIA PAGE 9 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### "Initial performance test" means the test required by (i) 40 CFR Part 60 for
determinin g compliance with standards of performance, or (ii) a permit issued pursuant to 9VAC5

- 80 (Permits for Stationary Sources) for determining initial compliance with permit limitations. Initial performance tests shall be conducted in accordance with 9VAC5

- 50

- 3 0 and 9VAC5

- 60

- 30.

"Isokinetic sampling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.

"Locality" means a city, town, county or other public bod y created by or pursuant to state law.

"Maintenance area" means any geographic region of the United States previously designated as a nonattainment area and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan and designated as such in 9VAC5

- 20

- 203.

"Malfunction" means any sudden failure of air pollution control equipment, of process equipment, or of a process to operate in a normal or usual manner, which failure is not due to intentional misconduct or negli gent conduct on the part of the owner or other person. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

"Metropolitan statistical area" means a ny area designated as such in
9 VAC5

- 20

- 202.

"Monitoring dev ice" means the total equipment used to measure and record (if applicable) process parameters.

"Nearby" as used in the definition of good engineering practice (GEP) is defined for a specific structure or terrain feature and:

1. For purposes of applyi ng the formulae provided in subdivision 2 of the GEP definition means that distance up to five times the lesser of the height or the width dimension of a structure, but not greater than 0.8 kilometers (1/2 mile); and

2. For conducting demonstrations un der subdivision 3 of the GEP definition means not greater than 0.8 kilometers (1/2 mile), except that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (Ht) of the feature, no t to exceed two miles if such feature achieves a height (Ht) 0.8 kilometers from the stack that is at least 40% of the GEP stackCOMMONWEALTH OF VIRGINIA PAGE 10 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### height determined by the formulae provided in subdivision 2 b of the GEP definition or 26 meters, whichever is greater, as meas ured from the ground

- level elevation at the base of the stack. The height of the structure or terrain feature is measured from the ground

- level elevation at the base of the stack.

"Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as

m easured by test methods set forth in 40 CFR Part 60.

"Nonattainment area" means any area which is shown by air quality monitoring data or, where such data are not available, which is calculated by air quality modeling (or other methods determined by the board to be reliable) to exceed the levels allowed by the ambient air quality standard for a given pollutant including, but not limited to, areas designated as such in 9VAC5

- 20

- 204.

"One hour" means any period of 60 consecutive minutes.

"One

- hour pe riod" means any period of 60 consecutive minutes commencing on the hour.

"Organic compound" means any chemical compound of carbon excluding carbon monoxide, carbon dioxide, carbonic disulfide, carbonic acid, metallic carbides, metallic carbonates and am monium carbonate.

"Owner" means any person, including bodies politic and corporate, associations, partnerships, personal representatives, trustees and committees, as well as individuals, who owns, leases, operates, controls or supervises a source.

"P articulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.

"Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitt ed to the ambient air as measured by the applicable reference method, or an equivalent or alternative method.

"PM 10 

### " means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by the applicable refer ence method or an equivalent method.

"PM 10 

### emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by the applicable reference method, o r an equivalent or alternative method.COMMONWEALTH OF VIRGINIA PAGE 11 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### "Performance test" means a test for determining emissions from new or modified sources.

"Person" means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any o ther legal entity.

"Pollutant" means any substance the presence of which in the outdoor atmosphere is or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interferes with the e njoyment by the people of life or property.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or its effect on emissions i s state and federally enforceable.

"Prevention of significant deterioration area" means any area not designated as a nonattainment area in 9VAC5

- 20

- 204 for a particular pollutant and designated as such in 9VAC 5

- 20

- 205.

"Proportional sampling" means s ampling at a rate that produces a constant ratio of sampling rate to stack gas flow rate.

"Public hearing" means, unless indicated otherwise, an informal proceeding, similar to that provided for in § 2.2

- 4007 .02 of the Administrative Process Act, held t o afford persons an opportunity to submit views and data relative to a matter on which a decision of the board is pending.

"Reference method" means any method of sampling and analyzing for an air pollutant as described in the following EPA regulations:

1. Fo r ambient air quality standards in 9VAC5

- 30 (Ambient Air Quality Standards) : the applicable appendix of 40 CFR Part 50 or any method that has been designated as a reference method in accordance with 40 CFR Part 53, except that it
does not include a method for which a reference designation has been canceled in accordance with 40 CFR 53.11 or 40 CFR 53.16;

2. For emission standards in 9VAC5

- 40 (Existing Stationary Sources) and 9VAC5

- 50 (New and Modified Stationary Sources) : Appendix M of 40COMMONWEALTH OF VIRGINIA PAGE 12 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### CFR P art 51 or Appendix A of 40 CFR Part 60; or

3. For emission standards in 9VAC5

- 60 (Hazardous Air Pollutant Sources) : Appendix B of 40 CFR Part 61 or Appendix A of 40 CFR Part 63.

"Regional director" means the regional director of an administrative re gion of the Department of Environmental Quality or a designated representative.

"Regulation of the board" means any regulation adopted by the State Air Pollution Control Board under any provision of the Code of Virginia.

"Regulations for the Control and Abatement of Air Pollution" means 9VAC5

- 10 (General Definitions) through 9VAC5

- 80 (Permits for Stationary Sources)

.

"Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile nonviscous petroleum liquids except liquef ied petroleum gases as determined by American Society for Testing and Materials publication, “ Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)” (see 9 VAC5

- 20

- 21).

"Run" means the net period of time during which an emission sam ple is collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice.

"Section 111(d) plan" means the portion or portions of the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with § 111(d)(1) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with § 111(d)(2) of the federal Clean Air Act, and which implements the relevant requirements of the federal Clean Air Act.

"Section 111(d)/129 plan" means the portion or portions of the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with §§ 111(d)(1) and 129(b)(2) of the federal Clean Air Act, or promul gated under 40 CFR 60.27(d) in accordance with §§ 111(d)(2) and 129(b)(3) of the federal Clean Air Act, and which implements the relevant requirements of the federal Clean Air
Act.

"Shutdown" means the cessation of operation of an affected facility for any purpose.

"Source" means any one or combination of the following: buildings, structures, facilities, installations, articles, machines, equipment, landcraft, watercraft, aircraft or other contrivances which contribute, or may contribute, either direc tly orCOMMONWEALTH OF VIRGINIA PAGE 13 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### indirectly to air pollution. Any activity by any person that contributes, or may contribute, either directly or indirectly to air pollution, including, but not limited to, open burning, generation of fugitive dust or emissions, and cleaning with abr asives or chemicals.

"Stack" means any point in a source designed to emit solids, liquids or gases into the air, including a pipe or duct, but not including flares.

"Stack in existence" means that the owner had:

1. Begun, or caused to begin, a co ntinuous program of physical on site construction of the stack; or

2. Entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner, to undertake a program of construction of t he stack to be completed in a reasonable time.

"Standard conditions" means a temperature of 20 **°** C (68 **°** F) and a pressure of 760 millimeters of Hg (29.92 inches of Hg).

"Standard of performan ce" means any provision of 9VAC5

- 50 (New and Modified Stationa ry Sources wh ich prescribes an emission s limitation or other requirements that control air pollution emissions.

"Startup" means the setting in operation of an affected facility for any

purpose.

"State enforceable" means all limitations and conditions which are enforceable by the board or department, including, but not limited to, those requirements developed pursuant to 9VAC5

- 20

- 110, requirements within any applicable regulation, order, consent agreement or variance, and any permit requirements establ ished pursuant
to 9VAC5

- 80 (Permits for Stationary Sources)

.
"State Implementation Plan" means the plan, including the most recent revision thereof, which has been approved or promulgated by the administrator, U.S. Environmental Protection Agency, under § 1 10 of the federal Clean Air Act, and which implements the requirements of § 110.

"Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant. A stationary source shall include all of the poll utant

- emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel.COMMONWEALTH OF VIRGINIA PAGE 14 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### Pollut ant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same "major group" (i.e., which have the same two

- digit code) as described in the Standard Industrial Classification Manual (see 9VAC5

- 20

- 21).

"The se regulations" means 9VAC5

- 10 (General Definitions) through 9VAC5

- 80 (Permits for Stationary Sources)

.
"Total suspended particulate (TSP)" means particulate matter as measured by the reference method described in Appendix B of 40 CFR Part 50.

"True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance with methods described in American Petroleum Institute (API) publication, “Evaporative Loss from Floating

- Roof Tanks” (see 9VAC5

- 20

- 21). The AP I procedure may not be applicable to some high viscosity or high pour crudes. Available estimates of true vapor pressure may be used in special cases such as these.

"Urban area" means any area consisting of a core city with a population of 50,000 or mor e plus any surrounding localities with a population density of 80 persons per square mile and designated as such in 9VAC5

- 20

- 201.

"Vapor pressure," except where specific test methods are specified, means true vapor pressure, whether measured directly, o r determined from Reid vapor pressure by use of the applicable nomograph in American Petroleum Institute publication, “Evaporative Loss from Floating

- Roof Tanks” (see 9VAC5

- 20

- 21).

"Virginia Air Pollution Control Law" means Chapter 13 (§ 10.1

- 1300 et s eq.) of Title 10.1 of the Code of Virginia.

"Volatile organic compound" mean s any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which participates in atmospheric ph otochemical reactions.

1. This includes any such organic compounds which have been determined to have negligible photochemical reactivity other than the following:

a. Methane;

b. Ethane;

c. Methylene chloride (dichloromethane);COMMONWEALTH OF VIRGINIA PAGE 15 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### d. 1 ,1,1

- trichloroethane (methyl chloroform);

e. 1,1,2

- trichloro

- 1,2,2

- trifluoroethane (CFC

- 113);

f. Trichlorofluoromethane (CFC

- 11);

g. Dichlorodifluoromethane (CFC

- 12);

h. Chlorodifluoromethane (HCFC

- 22);

i. Trifluoromethane (HFC

- 23) ;

j. 1,2

- dichloro 1,1,2,2,

- tetrafluoroethane (CFC

- 114);

k. Chloropentafluoroethane (CFC

- 115);

l. 1,1,1

- trifluoro 2,2

- dichloroethane (HCFC

- 123);

m

. 1,1,1,2

- tetrafluoroethane (HFC

- 134a);

n. 1,1

- dichloro 1

- fluoroethane (HCFC

- 141b);

o. 1

- chloro 1,1

- difluoroethane (HCFC

- 142b);

p. 2

- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

- 124);

q. Pentafluoroethane (HFC

- 125);

r. 1,1,2,2

- tetrafluoroethane (HFC

- 134);

s. 1,1,1

- trifluoroethane (HFC

- 143a);

t. 1,1

- difluoroethane (HF C

- 152a);

u. Parachlorobenzotrifluoride (PCBTF);

v. Cyclic, branched, or linear completely methylated siloxanes;

w. Acetone;

x. Perchloroethylene (tetrachloroethylene);COMMONWEALTH OF VIRGINIA PAGE 16 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### y. 3,3

- dichloro

- 1,1,1,2,2

- pentafluoropropane (HCFC

- 225ca);

z. 1,3

- dichloro

- 1,1,2,2,3

- pentafluoropropane (HCFC

- 225cb);

aa. 1,1,1,2,3,4,4,5,5,5

- decafluoropentane (HFC 43

- 10mee);

bb. Difluoromethane (HFC

- 32);

cc. Ethylfluoride (HFC

- 161);

dd. 1,1,1,3,3,3

- hexafluoropropane (HFC

- 236fa);

ee. 1,1 ,2,2,3

- pentafluoropropane (HFC

- 245ca);

ff. 1,1,2,3,3

- pentafluoropropane (HFC

- 245ea);

gg

. 1,1,1,2,3

- pentafluoropropane (HFC

- 245eb);

hh

. 1,1,1,3,3

- pentafluoropropane (HFC

- 245fa);

ii. 1,1,1,2,3,3

- hexafluoropropane (HFC

- 236ea);

jj. 1,1 ,1,3,3

- pentafluorobutane (HFC

- 365mfc);

kk

. Chlorofluoromethane (HCFC

- 31);

ll. 1 chloro

- 1

- fluoroethane (HCFC

- 151a);

mm. 1,2

- dichloro

- 1,1,2

- trifluoroethane (HCFC

- 123a);

nn. 1,1,1,2,2,3,3,4,4

- nonafluoro

- 4

- methoxy

- butane (C 4 

### F 9 

### OCH 3 

### or HFE

- 71 00);

oo. 2

- (difluoromethoxymethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3 

### ) 2 

### CFCF 2 

### OCH 3 

### );

pp. 1

- ethoxy

- 1,1,2,2,3,3,4,4,4

- nonafluorobutane (C 4 

### F 9 

### OC 2 

### H 5 

### or HFE

- 7200);

qq. 2

- (ethoxydifluoromethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3 

### ) 2 

### CFCF 2 

### OC 2 

### H 5 

### );COMMONWEALTH OF VIRGINIA PAGE 17 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### rr. Methyl acetate;

ss. 1,1,1,2,2,3,3

- heptafluoro

- 3

- methoxy

- propane (n

C 3 

### F 7 

### OCH 3 

### ) (HFE

- 7000);

tt. 3

- ethoxy

- 1,1,1,2,3,4,4,5,5,6,6,6

- dodecafluoro

- 2

- (trifluoromethyl) hexane (HFE

- 7500);

uu. 1,1,1,2,3,3,3

- heptafluoropropane (HFC 227ea);

vv. methyl formate (HCOOCH 3 

### );

ww. (1)1,1,1,2,2,3,4,5,5,5

- decafluoro

- 3

- methoxy

- 4

- trifluoromethyl

- pentane (HFE

- 7300);

xx. propylene carbonate;

yy. dimethyl carbonate; and

zz

. trans

- 1,3,3,3

- tetrafluoropropene; and

aaa. Perfluor ocarbon compounds which fall into these classes:

(1) Cyclic, branched, or linear, completely fluorinated alkanes;

(2) Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

(3) Cyclic, branched, or linear, compl etely fluorinated tertiary amines with no unsaturations; and

(4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

2. For purposes of determining compliance with emissions standards, volat ile organic compounds shall be measured by the appropriate reference method in accordance with the provisions of 9VAC5

- 40

- 30 or 9VAC5

- 50

- 30, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligib ly

- reactive compounds may be excluded as aCOMMONWEALTH OF VIRGINIA PAGE 18 of 18 STATE AIR POLLUTION CONTROL BOARD

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

- 10)



### volatile organic compound if the amount of such compounds is accurately quantified, and such exclusion is approved by the board.

3. As a precondition to excluding these compounds as volatile organic compounds or at any time thereafter, the board may require an owner to provide monitoring or testing methods and results demonstrating, to the satisfaction of the board, the amount of negligibly

- reactive compounds in the emissions of the source.

4. Exclusion of the above compounds in this definition in effect exempts such compounds from the provisions of emission standards for volatile organic compounds. The compounds are exempted on the basis of being so inactive that they will not contribute significantly to th e formation of ozone in the troposphere. However, this exemption does not extend to other properties of the exempted compounds which, at some future date, may require regulation and limitation of their use in accordance with requirements of the federal Cle an Air Act.

5. The following compound is a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOCs and shall be uniquely identified in emission reports,
but is not a V OC for purposes of VOC emission s standards, VOC emission limitations, or VOC content requirements: t

- butyl acetate.

"Welfare" means that language referring to effects on welfare includes, but is not limited to, effects on soils, water, crops, vegetation , manmade materials, animals, wildlife, weather, visibility and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well

- being.

REG \ DEV \ G12

- REG

- AAG1

### 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 comment s concerning a proposed revision to the Commonwealth of Virginia State Implementation Plan was held from January 27 to February 26, 2014

.
As required by 40 CFR Part 51.102 (a) and (d)(1) and (2), the public was given notice of the public comment period in the Virginia Register of Regulations , al ong with the location of the proposal for public inspection, on January 27, 2014

. 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 attache d 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 con trol agency which will be significantly affected by the revision and is located in the affected Air Quality Control Regions. In addition, the District of Columbia, Maryland and Tennessee, which share affected interstate Air Quality Control Regions with Vi rginia, were notified of the public
comment period . These notifications follow the requirements of 40 CFR Part 51.102(d)(3), (4) and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation amendments were published in the Virginia Register of Regulations on October 21,
2013 after being duly adopted by the State Air Pollution Control Board on September 14, 2012 , certified by the Office of the Attorney General as within the Board’s statutory authority on September 19, 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 September 29, 2013 , 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 refe rence into the Commonwealth of Virginia State Implementation Plan is attached, along with the effective date of December 5, 2013

.

SIP \ NONATTN PLANS \ 2014 \ G12

- SIP

- 2.DOC

# GENERAL NOTICES/ERRATA

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1611 GENERAL NOTICES/ERRATA AIR POLLUTION CONTROL BOARD

Air Quality Monitoring Data

- Proposed Exceptional

Events Demonstration

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public review and comment on a proposed exceptional events demonstration showing that certain air quality monitoring data gathered during August of 2011 were affected by exceptional events. Therefore, this data should not be u sed to make determinations regarding National Ambient Air Quality Standards. The exceptional event was the wildfire in the Great Dismal Swamp in Suffolk, Virginia. This exceptional event impacted fine particulate matter monitoring data in the Hampton Roads area.
Purpose of notice: DEQ is seeking comments on the overall
demonstration.

Public comment period: January 6, 2014, to February 14,
2014.

Description of proposal: The proposed demonstration provides meteorological information, photographs, and other

ev idence of air pollution generated by the wildfires. The proposed demonstration also provides evidence of the air pollution impacts on fine particulate matter monitors at various times in August of 2011 in Hampton Roads, Virginia.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 50.14).

How to comment: DEQ accepts written comments by email, facsimile transmission, and postal mail. In order to be considered, written comments must i nclude the full name, address, and telephone number of the person commenting and be received by DEQ no later than the last day of the comment period (February 14, 2014).

To review the proposal: Please note, the information will not
be available until the s tart of the comment period (January 6, 2014). The proposal and any supporting documents are available on the DEQ Air Monitoring Division website: http://www.deq.virginia.gov/airmon/. The public may review
the documents between 8:30 a.m. and 4:30 p.m. of ea ch business day until the close of the public comment period at the following locations:

1) Main Street Office, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698

- 4070;

2) Piedmont Regional Office, 4949

- A Cox Road, Glen Allen, VA, telepho ne (804) 527

- 5020; or,

3) Tidewater Regional Office, 5636 Southern Boulevard, Virginia Beach, VA, telephone (757) 518

- 2000.

The document may also be obtained by contacting the DEQ representative named below. Contact Information: Doris McLeod, Department o f Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4197, FAX (804)
698

- 4510, or email doris.mcleod@deq.virginia.gov.

State Implementation Plan Revision

- General

Definitions

Notice of action: The Departmen t 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 responsibilitie s 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 acc ordance with the requirements of § 110(a) of the
federal Clean Air Act.

Regulations affected: The regulation of the board affected by
this action is 9VAC5

- 10, General Definitions (Revision G12).

Purpose of notice: DEQ is seeking comments on the issue of
wh ether the regulation amendments should be submitted as revisions to the plan.

Public comment period: January 27, 2014, to February 26,
2014.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In o rder 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 on the last day of the comment period. Notice of the date, time, and location of any requested public h earing will be announced in a separate notice, and another 30

- day comment period will be
conducted.

Public comment stage: Because the regulation amendments have been adopted by the board in accordance with the Administrative Process Act and have subsequent ly become effective, 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: The proposed revision consists of adding trans

- 1,3,3,3

- tetrafluoropropene (H FO

- 1234ze) to the list of substances not considered to be volatile organic compounds (VOCs) in accordance with EPA's June 22, 2012, (77 FR 37610) revision.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102). 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

# General Notices/Errata

Volume 30, Issue 11 Virginia Register of Regulations January 27, 2014

1612 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 receive d by DEQ by the last day of the comment period. All materials received are part of the public record.

To review proposal: The proposal and any supporting documents are available on the DEQ Air Public Notices for
Plans website: http://www.deq.state.va.us/Pr ograms/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 c omment period at the following DEQ locations:

1) DEQ Main Street Office, 8th Floor, 629 East Main Street, Richmond, VA, telephone (804) 698

- 4070;

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (540) 676

- 4800;

3) Blue Ridge Re gional Office, Roanoke Location, 3019 Peters Creek Road, Roanoke, VA, telephone (540) 562

- 6700;

4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone (434) 582

- 5120;

5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574

- 7800;

6) Piedmont Regional Office, 4949

- A Cox Road, Glen Allen, VA, telephone (804) 527

- 5020;

7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583

- 3800; and

8) Tidewater Regional Office , 5636 Southern Boulevard, Virginia Beach, VA, telephone (757) 518

- 2000.

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4390, FAX (804)
698

- 4510, or email karen.sabasteanski@deq.virginia.gov.

State Implementation Plan Revision

- Reasonably Available Control Technology Determination

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a

p roposed plan regarding air pollution emitted by a facility in Henrico County, Virginia. The Commonwealth intends to submit the plan as a revision to the Commonwealth of Virginia State Implementation Plan (SIP) in accordance with the requirements of § 110(a ) of the federal Clean Air Act. The SIP is the plan developed by the Commonwealth in order to fulfill its responsibilities under the Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act.

Purpose of notice: DEQ is seeking comments and announcing a public hearing on a proposed permit to limit air pollution emitted by a facility in Henrico County, Virginia.

Public comment period: January 8, 2014, to February 10,
2014.

Public he aring: Conference Room, Department of Environmental Quality, Piedmont Regional Office, 4949

- A Cox Road, Glen Allen VA, at 9 a.m. on February 4, 2014. A question and answer period will be held one half hour prior to the beginning of the public hearing.

Perm it name: State Operating Permit issued by DEQ, under the authority of the State Air Pollution Control Board.

Name, address, and registration number: Mondelez Global LLC, Inc. (formerly Kraft Foods Global, Inc., Richmond Bakery), 6002 South Laburnum Avenue, Richmond, VA 23231, Registration No. 50703.

Description of proposal: The proposed revision consists of a determination of reasonably available control technology (RACT) for the control of emissions of volatile organic compounds (VOCs) to the atmosphere fr om the Mondelez Global bakery located in the Henrico County, Virginia portion of the Richmond Ozone Maintenance Area. The RACT determination is being made pursuant to 9VAC5

- 40

- 7370 of the Virginia Administrative Code. A state operating permit is being issu ed as an administrative mechanism to enforce the RACT determination. The permit is being issued pursuant to Article 5 (9VAC5

- 80

- 800 et seq.) of 9VAC5

- 80 (Permit for Stationary Sources) of the Virginia Administrative Code and is federally enforceable upon
i ssuance.
A permit was issued to the facility by DEQ on September 19, 2007, which contained the RACT for the control of VOC emissions and specified certain operating conditions for the facility's Oven #1 and catalytic oxidizer. In a subsequent action, the f

acility requested changes to the permit, including changes needed to accommodate replacement of the catalytic oxidizer with a more efficient regenerative thermal oxidizer. This change in the type of control device did not affect VOC
emissions. The revised permit was issued on December 11, 2012, and submitted to EPA as a SIP revision on December 13, 2012. Since then, the permit has been updated to make it more streamlined by removing certain conditions (throughput and emission limits) and regulatory referenc es (to malfunctions) that are not necessary to achieve the RACT requirements. These changes are in the interest of providing clarity and will not result in any change in operations or
emissions increase.

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

345 addition to a federal Black Sea Bass Moratorium Permit;
and
2. That person shall have landed and sold in Virg inia at least 10,000 pounds of black sea bass from July 1, 1997

, through December 31, 2001.
C. A person shall be considered eligible for a bycatch commercial black sea bass fishery permit by satisfying all of the following eligibility criteria:
1. That p erson shall hold either a Commercial Fisherman Registration License or a Seafood Landing License, in addition to a federal Black Sea Bass Moratorium Permit;
and 2. That person shall have landed and sold in Virginia at least one pound of black sea bass fro m July 1, 1997

, through December 31, 2001.

4VAC20

- 950

- 50. Penalty. (Repealed.)

As set forth in § 28.2

- 903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent
viol ation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1
misdemeanor.

4VAC20

- 950

- 60. Black sea bass aquaculture facility permit.

A. Any person operating an aquaculture facility in which any bla ck sea bass will be cultured, possessed, offered for sale, or sold shall possess a black sea bass aquaculture facility permit for that facility that was obtained from the
commissioner. 1. The black sea bass aquaculture facility permit shall
allow the faci lity to import black sea bass eggs, fry, and
brood

- stock from captive brood

- stock facilities.
2. A black sea bass aquaculture facility permit is not
transferable.
B. The application for a black sea bass aquaculture facility permit shall list the name and address of the applicant, the type and location of that facility, and an estimate of production capacity. A black sea bass aquaculture facility permit shall be valid for 10 years, from the date of issue, and may be renewed by the commissioner. The issuance and continuation of any person's black sea bass aquaculture facility permit are contingent on that designated facility being open for inspection by the Marine Resources Commission for the purposes of determining compliance with this chapter.

C. The origin al of the black sea bass facility aquaculture permit shall be maintained by the permittee and prominently displayed at the location of the permitted aquaculture facility. A copy of such permit shall be used as evidence of authorization to transport black s ea bass to and from the permitted aquaculture facility. 4VAC20

- 950

- 70. Sale, records, importation, and release of
black sea bass.

A. All black sea bass produced by an aquaculture facility and permitted by 4VAC20

- 950

- 60 shall be packaged, prior to sale, wit h a printed label indicating the product is of aquaculture origin. When packaged and labeled according to these requirements, such fish may be transported and sold at retail, at wholesale, or commercially until reaching the

consumer.

B. Any black sea bass that measures less than the lawful
minimum size described in 4VAC20

- 950

- 30, but are the product of a permitted aquaculture facility in another state, may be imported into Virginia for the consumer market. Any fish shall be packaged and labeled in accordanc e with the provisions contained in subsection A of this section.

C. Under no circumstance shall any black sea bass produced by an aquaculture facility be placed into Virginia waters without written permission from the commissioner.

4VAC20

- 950

- 80. Penalty.

As set forth in § 28.2

- 903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 mo nths of a prior violation is a Class 1
misdemeanor.

VA.R. Doc. No. R14

- 3885; Filed September 30, 2013, 2:47 p.m.



#  

# –––––––––––––––––– 

TITLE 9. ENVIRONMENT

ST ATE AIR POLLUTION CONTROL BOARD

Fast

- Track Regulation
Title of Regulation: 9VAC5

- 10. General D efinitions (rev. G12) (amending 9VAC5

- 10

- 20). Statutory Authority: § 10.1

- 1308 of the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.

Public Comment Deadline: November 20, 2013.

Effective Date: December 5, 2013.
Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4426, FAX (804)
698

- 4510, TTY (804) 698

- 4021, or email karen.sabasteanski@deq.virginia.gov.

Basis: Section 10.1

- 1308 of the Virginia Air Pollution Control Law (Chapter 13 (§ 10.1

- 1300 et seq.) of Title 10.1 of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollution in order to protect public health
and welfare.

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

346 Federal Requirements. Section 109(a) of the federal Clean Air Act requires the U.S. Environmental Protection Agency (EPA) to prescribe national ambient air quality standards (NAAQS) to protect public health. Section 110 mandates that each state adopt and submit to EPA a state implementation plan (SIP) that provides for the implementation, maintenance, and enforcement of the NAAQS. Ozone, one of th e pollutants for which there is an NAAQS, is in part created by emissions of volatile organic compounds (VOCs). Therefore, in order to control ozone, VOCs must be addressed in Virginia's SIP.
40 CFR Part 51 sets out requirements for the preparation, adopti on, and submittal of SIPs. Subpart F of Part 51, Procedural Requirements, includes 40 CFR 51.100, which
consists of a list of definitions. 40 CFR 51.100 contains a definition of VOC. This definition is revised by EPA in order
to add or remove VOCs as neces sary. If, for example, it can be demonstrated that a particular VOC is "negligibly
reactive"

-- that is, if it can be shown that a VOC is not as reactive and therefore does not have a significant effect on ground

- level or upper atmospheric ozone

-- then EPA ma y remove that substance from the definition of VOC.
On June 22, 2012 (77 FR 37610), EPA revised the definition
of VOC in 40 CFR 51.100 to exclude trans

- 1,3,3,3

- tetrafluoropropene (HFO

- 1234ze) from the definition of VOC. This exclusion is accomplished by ad ding the
substance to a list of substances not considered to be VOCs. This change to the exemption list became effective on July 23, 2012.
State Requirements. These specific amendments are not required by state mandate. Rather, § 10.1

- 1308 A of Virginia's Air Pollution Control Law gives the State Air Pollution Control Board the discretionary authority to promulgate regulations "abating, controlling and prohibiting air pollution throughout or in any part of the
Commonwealth." Section 10.1

- 1300 of the Code of Virginia defines such air pollution as "the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably
interfere with the enjoyment by the people of life or property."
Purpose: The purpose of 9VAC5

- 10 (General Definitions) is not to impose any regulatory requirements, but to provide a basis for and support to other provisions of the Regulations
for the Control and Ab atement of Air Pollution, which are in place in order to protect public health and welfare. The proposed amendments are being made to ensure that the definition of volatile organic compound, which is crucial to most of the regulations, is up

- to

- date and sc ientifically accurate, as well as consistent with the overall federal requirements under which the regulations operate.
Rationale for Using Fast

- Track Process: The definition is being revised to add a less

- reactive substance to the list of compounds not co nsidered to be VOCs. This revision is neither expected to affect a significant number of sources nor have any significant impact, other than a positive one, on air quality overall. Additionally, removal of the substance at the federal level was accompanied by detailed scientific review and public comment, and only positive comments were received during the federal public comment period. Therefore, no additional information on the reactivity of this substance or the appropriateness of its removal is anticipa ted.

Substance: The general definitions section (9VAC5

- 10

- 20) imposes no regulatory requirements but provides support to other provisions of the Regulations for the Control and
Abatement of Air Pollution. The list of substances not
considered to be VOCs in Virginia is amended to include

trans

- 1,3,3,3

- tetrafluoropropene (HFO

- 1234ze).

Issues: The general public health and welfare will benefit because the revision may encourage the use of trans

- 1,3,3,3

- tetrafluoropropene (HFO

- 1234ze) in place of products

conta ining more reactive and thereby more polluting substances. Due to its low photochemical reactivity, this compound is considered to be negligibly reactive in the formation of tropospheric (ground level) ozone and is not expected to contribute to violations of the NAAQS. This compound is not a hazardous air pollutant and will not deplete stratospheric (upper atmosphere) ozone. Therefore, this compound does not have a negative effect on human
health or the environment.
Excluding this compound as a VOC will mak e it easier and less expensive for industry to use it. A manufacturer of products containing the compound has stated that in order for this product to be marketed in all parts of the United States, it
is essential that it be classified as a non

- VOC. Compan ies that

use trans

- 1,3,3,3

- tetrafluoropropene in place of more reactive substances may also benefit by reducing their VOC emissions and concomitant reductions in permitting and other regulatory requirements. The amendment will allow the department to focus VOC reduction strategies on substances that have a negative impact
on human health and the environment.
Department of Planning and Budget's Economic Impact Analysis: Summary of the Proposed Amendments to Regulation. The
State Air Pollution Control Board (Board) proposes to revise the definition of volatile organic compound (VOC) to include

trans

- 1,3,3,3

- tetrafluoropropene (HFO

- 1234ze) on the list of
substances not considered to be VOC.
Result of Analysis. The benefits likely exceed the costs for all

propo sed changes.
Estimated Economic Impact. The general definitions of
9VAC5

- 10 impose no regulatory requirements in and of themselves, but provide support to other Board regulations. The U.S. Environmental Protection Agency has revised the
definition of VOC t o add a substance that has been
demonstrated to be less reactive to the list of substances that

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

347 are not considered to be VOCs: trans

- 1,3,3,3

- tetrafluoropropene (also known as HFO

- 1234ze). Consequently, the Board proposed to add HFO

- 1234ze to the
list of su bstances not considered to be VOC.

HFO

- 1234ze may be used in a variety of applications including as a refrigerant, an aerosol propellant, and a blowing agent for insulating foam (polyurethanes, polystyrene and other polymers). There are no known sources
lo cated in Virginia that currently use this substance. There are sources that may someday eventually wish to use this substance; however, the Department of Environmental Quality has not identified any specific sources that plan to do

so. The general public h ealth and welfare may benefit because the revision may encourage the use of HFO

- 1234ze in place of products containing more reactive and thereby more polluting substances. Due to its low photochemical reactivity, this compound is considered to be negligibl y reactive in the formation of tropospheric (ground level) ozone and is not expected to contribute to violations of the federal national ambient air quality standards. This compound is not a hazardous air pollutant, and will not deplete stratospheric (uppe r atmosphere) ozone. Therefore, this compound does not have a negative effect on human health or the environment.
Excluding this compound as a VOC will make it easier and less expensive for industry to use. A manufacturer of products containing the compoun d has stated that in order for this product to be marketed in all parts of the United States, it is
essential that it be classified as a non

- VOC. Companies that
use HFO

- 1234ze in place of more reactive substances may also benefit by reducing their VOC emis sions and concomitant reductions in permitting and other regulatory requirements. Thus, the proposal to add HFO

- 1234ze to the
list of substances not considered to be VOC will create a net
benefit.

Businesses and Entities Affected. HFO

- 1234ze may be used
in a variety of applications including as a refrigerant, an aerosol propellant, and a blowing agent for insulating foam (polyurethanes, polystyrene and other polymers). Consequently, the proposal to add HFO

- 1234ze to the list of
substances not considered to be VOC will potentially affect firms which manufacture or use refrigerants, aerosol propellants, or blowing agents.
Localities Particularly Affected. The proposal to add HFO

1234ze to the list of substances not considered to be VOC does not have a dispropo rtionate effect on any particular
localities.
Projected Impact on Employment. The proposed amendment will not likely have a large impact on employment.
Effects on the Use and Value of Private Property. The proposal to add HFO

- 1234ze to the list of substan ces not considered to be VOCs will have no immediate impact since currently there are no known firms located in Virginia that currently use this compound. Adding HFO

- 1234ze to the list of substances not considered to be VOCs will make it less costly to use , which may encourage firms to start using the compound in production. Thus, the proposed amendment may eventually affect some firms' production methods, lower their costs, and consequently moderately increase firm value.

Small Businesses: Costs and Other Effects. The proposal to
add HFO

- 1234ze to the list of substances not considered to be VOCs will have no immediate impact since currently there are no known firms located in Virginia that currently use this compound. Adding HFO

- 1234ze to the list of subst ances not considered to be VOCs will make it less costly to use. Thus, some small firms may eventually use the compound to lower

costs.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendment will not adversely
affect sm all businesses.
Real Estate Development Costs. The proposed amendment will not likely have a large impact on real estate development

costs. Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulat ion in accordance with § 2.2

- 4007.04 of the
Administrative Process Act and Executive Order Number 14 (10). Section 2.2

- 4007.04 requires that such economic impact analyses include, but need not be limited to, the projected
number of businesses or other enti ties to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2

- 4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of profe ssional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive or less costly alternative methods of achievi ng the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts. Agency's Response to Economic Impact Analysis: The Department of Environmental Quality has reviewed the economic impact analysis prepar ed by the Department of Planning and Budget and has no comment.
Summary:
The amendment revises the definition of volatile organic compound (VOC) to add trans

- 1,3,3,3

- tetrafluoropropene (also known as HFO

- 1234ze) to the list of substances not
considered to be VOCs. The amendment comports to the

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

348 U.S. Environmental Protection Agency's revised definition of VOC published in 77 FR 37610

- 37614.

9VAC5

- 10

- 20. Terms defined.

"Actual emissions rate" means the actual rate of emissions of a pollutant from an emissions unit. In general actual emissions shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during the most

recent two

- year period or some other two

- year period which is representative of normal source operation. If the board
determines that no two

- year period is representative of normal source operation, the board shall allow the use of an alternative period of time upon a determination by the board that it is more representative of normal source operation.
Actual em issions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

"Administrator" means the administrator of the U.S. Environmental Protection Agen cy (EPA) or his authorized representative.

"Affected facility" means, with reference to a stationary source, any part, equipment, facility, installation, apparatus, process or operation to which an emission standard is applicable or any other facility so d esignated. The term "affected facility" includes any affected source as defined in
40 CFR 63.2.

"Air pollution" means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safe ty; to animal or plant life; or to property; or which unreasonably interfere with the enjoyment by the people of life or property.

"Air quality" means the specific measurement in the ambient air of a particular air pollutant at any given time.

"Air quality control region" means any area designated as
such in 9VAC5

- 20

- 200.

"Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method, but which has been demonstrated to the
satisfaction of t he board, in specific cases, to produce results adequate for its determination of compliance.

"Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.

"Ambient air quality standard" means any primar y or secondary standard designated as such in 9VAC5

- 30 (Ambient Air Quality Standards).

"Board" means the State Air Pollution Control Board or its designated representative.

"Certified mail" means electronically certified or postal certified mail, except t hat this definition shall only apply to the mailing of plan approvals, permits, or certificates issued under the provisions of these regulations and only where the recipient has notified the department of the recipient's consent to receive plan approvals, permits, or certificates by
electronic mail. Any provision of these regulations requiring the use of certified mail to transmit special orders or administrative orders pursuant to enforcement proceedings shall mean postal certified mail.

"Class I area" me ans any prevention of significant deterioration area (i) in which virtually any deterioration of existing air quality is considered significant and (ii) designated as such in 9VAC5

- 20

- 205.

"Class II area" means any prevention of significant
deterioration a rea (i) in which any deterioration of existing air quality beyond that normally accompanying well

- controlled growth is considered significant and (ii) designated as such in
9VAC5

- 20

- 205.

"Class III area" means any prevention of significant
deterioration ar ea (i) in which deterioration of existing air quality to the levels of the ambient air quality standards is permitted and (ii) designated as such in 9VAC5

- 20

- 205.

"Continuous monitoring system" means the total equipment used to sample and condition (if app licable), to analyze, and to provide a permanent continuous record of emissions or process parameters.

"Control program" means a plan formulated by the owner of a stationary source to establish pollution abatement goals, including a compliance schedule to achieve such goals. The plan may be submitted voluntarily, or upon request or by order of the board, to ensure compliance by the owner with standards, policies and regulations adopted by the board. The plan shall include system and equipment information an d operating performance projections as required by the board for evaluating the probability of achievement. A control program shall contain the following increments of progress:
1. The date by which contracts for emission control system or process modifica tions are to be awarded, or the date by which orders are to be issued for the purchase of component parts to accomplish emission control or process
modification.
2. The date by which the on

- site construction or installation of emission control equipment or process change is to be
initiated. 3. The date by which the on

- site construction or installation of emission control equipment or process modification is to be completed.
4. The date by which final compliance is to be achieved.
"Criteria pollutant" means any pollutant for which an ambient air quality standard is established under 9VAC5

- 30 (Ambient Air Quality Standards).

"Day" means a 24

- hour period beginning at midnight.
"Delayed compliance order" means any order of the board issued after an appropriate h earing to an owner which postpones the date by which a stationary source is required to

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

349 comply with any requirement contained in the applicable implementation plan.

"Department" means any employee or other representative of the Virginia Department of Envir onmental Quality, as designated by the director.

"Director" or "executive director" means the director of the Virginia Department of Environmental Quality or a designated representative.

"Dispersion technique"

1. Means any technique which attempts to affec t the concentration of a pollutant in the ambient air by:

a. Using that portion of a stack which exceeds good engineering practice stack height;
b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or
c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhau st gas streams so as to increase the exhaust gas plume rise.
2. The preceding sentence does not include:

a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream;
b. The merging of exhaust gas streams where:
(1) The owner demonstrates that the facility was originally designed and constructed with such merged gas streams; (2) After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" sha ll apply only to the emissions limitation for the pollutant affected by such change in operation; or
(3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or wa s carried out for sound economic or engineering reasons.
Where there was an increase in the emissions limitation or, in the event that no emissions limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the board shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the owner that merging was not significantly motivated by such intent, the board shall deny credit for the effects of such merging in calculating the allowable emissions for the

source; c. Smoke management in agricultural or silvicultural prescribed burning programs;
d. Episodic restrictions on residential woodburning and open burning ; or e. Techniques under subdivision 1 c of this definition which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.
"Emergency" means a situation that immedi ately and unreasonably affects, or has the potential to immediately and unreasonably affect, public health, safety or welfare; the health of animal or plant life; or property, whether used for recreational, commercial, industrial, agricultural or other

rea sonable use.

"Emissions limitation" means any requirement established by the board which limits the quantity, rate, or concentration of continuous emissions of air pollutants, including any requirements which limit the level of opacity, prescribe equipment , set fuel specifications, or prescribe operation or maintenance procedures to assure continuous emission
reduction.

"Emission standard" means any provision of 9VAC5

- 40 (Existing Stationary Sources), 9VAC5

- 50 (New and Modified Stationary Sources), or 9VAC5

- 60 (Hazardous Air Pollutant Sources) that prescribes an emissions limitation, or other requirements that control air pollution emissions.

"Emissions unit" means any part of a stationary source which emits or would have the potential to emit any air pollut ant.

"Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated to
the satisfaction of the board to have a consistent and quantitative relationship to the reference method under specified conditions.

" EPA" means the U.S. Environmental Protection Agency or an authorized representative.

"Excess emissions" means emissions of air pollutant in
excess of an emission standard.

"Excessive concentration" is defined for the purpose of determining good engineeri ng practice (GEP) stack height
under subdivision 3 of the GEP definition and means:
1. For sources seeking credit for stack height exceeding that established under subdivision 2 of the GEP definition, a maximum ground

- level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which
contributes to a total concentration due to emissions from

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

350 all sources that is greater than an ambient air quality standard. For sources subject to the provisions of Article 8 (9VAC5

- 80

- 1605 et seq.) of Part II of 9VAC5

- 80 (Permits for Stationary Sources), an excessive concentration alternatively means a maximum ground

- level
concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features whi ch individually is at least 40% in excess of the maximum concentration experienced in the absence of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration in crement. The allowable emission rate to be used in making demonstrations under this provision shall be prescribed by the new source performance standard that is applicable to the source category unless the owner demonstrates that this
emission rate is infe asible. Where such demonstrations are approved by the board, an alternative emission rate shall be established in consultation with the owner;
2. For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under subdivision 2 of the GEP definition, either (i) a maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects as provided in subdivision 1 of this definition, except that the emission rate specified by any a pplicable implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, or (ii) the actual presence of a local nuisance caused by the existing stack, as determined by the board; and
3. For sources seeking credit after J anuary 12, 1979, for a stack height determined under subdivision 2 of the GEP definition where the board requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based

on t he aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subdivision 2 of the GEP definition, a maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects
that is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.
"Existing source" means any stationary sour ce other than a
new source or modified source.

"Facility" means something that is built, installed or established to serve a particular purpose; includes, but is not limited to, buildings, installations, public works, businesses,
commercial and industrial plants, shops and stores, heating and power plants, apparatus, processes, operations, structures, and equipment of all types. "Federal Clean Air Act" means Chapter 85 (§ 7401 et seq.)
of Title 42 of the United States Code.

"Federally enforceable" means a ll limitations and conditions which are enforceable by the administrator and citizens under
the federal Clean Air Act or that are enforceable under other statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to, the following:
1. Emission standards, alternative emission standards, alternative emissions limitations, and equivalent emissions limitations established pursuant to § 112 of the federal
Clean Air Act as amended in 1990.

2. New sou rce performance standards established pursuant to § 111 of the federal Clean Air Act, and emission standards established pursuant to § 112 of the federal
Clean Air Act before it was amended in 1990.
3. All terms and conditions in a federal operating permit

, including any provisions that limit a source's potential to emit, unless expressly designated as not federally
enforceable.
4. Limitations and conditions that are part of an implementation plan.
5. Limitations and conditions that are part of a section
11 1(d) or section 111(d)/129 plan.
6. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by
EPA in accordance with 40 CFR Part 51.

7. Limitations an d conditions that are part of an operating permit issued pursuant to a program approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for EPA and public comment pr ior to issuance of the final permit and practicable enforceability. 8. Limitations and conditions in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of th e federal Clean Air Act.
9. Individual consent agreements issued pursuant to the legal authority of EPA.
"Good engineering practice" or "GEP," with reference to the height of the stack, means the greater of:
1. 65 meters, measured from the ground

- level ele vation at the base of the stack;
2. a. For stacks in existence on January 12, 1979, and for which the owner had obtained all applicable permits or approvals required under 9VAC5

- 80 (Permits for Stationary Sources),

Hg = 2.5H,

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

351 provided the owner produces e vidence that this equation was actually relied on in establishing an emissions limitation;
b. For all other stacks,
Hg = H + 1.5L,

where: Hg = good engineering practice stack height, measured from the ground

- level elevation at the base of the stack,

H = height of nearby structure(s) measured from the ground

- level elevation at the base of the stack,
L = lesser dimension, height or projected width, of nearby structure(s) provided that the board may require the use of a field study or fluid model to veri fy GEP stack height for the source; or
3. The height demonstrated by a fluid model or a field study approved by the board, which ensures that the
emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmosphe ric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain
features.
"Hazardous air pollutant" means an air pollutant to which no ambient air quality standard is applicable and which in the judgment of the admin istrator causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

"Implementation plan" means the portion or portions of the state implementation plan, or the most recent revision thereof, which has been approved under § 110 of the federal Clean Air Act, or promulgated under § 110(c) of the federal Clean Air Act, or promulgated or approved pursuant to regulations promulga ted under § 301(d) of the federal Clean Air Act and which implements the relevant requirements of the federal
Clean Air Act.

"Initial emission test" means the test required by any regulation, permit issued pursuant to 9VAC5

- 80 (Permits for Stationary Sour ces), control program, compliance schedule or other enforceable mechanism for determining compliance with new or more stringent emission standards or permit limitations or other emissions limitations requiring the installation or modification of air pollut ion control equipment or implementation of a control method. Initial emission tests
shall be conducted in accordance with 9VAC5

- 40

- 30.

"Initial performance test" means the test required by (i) 40 CFR Part 60 for determining compliance with standards of

per formance, or (ii) a permit issued pursuant to 9VAC5

- 80 (Permits for Stationary Sources) for determining initial compliance with permit limitations. Initial performance tests
shall be conducted in accordance with 9VAC5

- 50

- 30 and
9VAC5

- 60

- 30. "Isokinetic sam pling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.

"Locality" means a city, town, county or other public body created by or pursuant to state law.

"Mail" means electronic or postal delivery. "Maintenance area" means any geographic region of the United States previously designated as a nonattainment area and subsequently redesignated to attainment subject to the requirement to develop a maintenance p lan and designated as
such in 9VAC5

- 20

- 203.

"Malfunction" means any sudden failure of air pollution control equipment, of process equipment, or of a process to operate in a normal or usual manner, which failure is not due to intentional misconduct or negl igent conduct on the part of the owner or other person. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

"Monitoring device" means the total equipment used to measure and record (if applicable) process param eters.

"Nearby" as used in the definition of good engineering practice (GEP) is defined for a specific structure or terrain
feature and:
1. For purposes of applying the formulae provided in subdivision 2 of the GEP definition means that distance up
to fi ve times the lesser of the height or the width dimension of a structure, but not greater than 0.8 km (1/2 mile); and
2. For conducting demonstrations under subdivision 3 of the GEP definition means not greater than 0.8 km (1/2 mile), except that the porti on of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (Ht) of the feature, not to exceed two miles if such feature achieves a height (Ht) 0.8
km from the stack that is at least 40% of the GEP stack height determined by the formulae provided in subdivision 2 b of the GEP definition or 26 meters, whichever is greater, as measured from the ground

- level elevation at the base of the stack. The height of the structure or terrain
feature is measur ed from the ground

- level elevation at the
base of the stack.
"Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in
40 CFR Part 60.

"Nonattainment area" means any area which is shown by air quality m onitoring data or, where such data are not available, which is calculated by air quality modeling (or other methods determined by the board to be reliable) to exceed the levels allowed by the ambient air quality standard for a given pollutant including, bu t not limited to, areas designated as
such in 9VAC5

- 20

- 204.

"One hour" means any period of 60 consecutive minutes.

"One

- hour period" means any period of 60 consecutive minutes commencing on the hour.

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Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

352 "Organic compound" means any chemical compound of

car bon excluding carbon monoxide, carbon dioxide, carbonic disulfide, carbonic acid, metallic carbides, metallic carbonates
and ammonium carbonate.

"Owner" means any person, including bodies politic and corporate, associations, partnerships, personal represe ntatives, trustees and committees, as well as individuals, who owns, leases, operates, controls or supervises a source.

"Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than
100 micromete rs.

"Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by the applicable reference method, or an equivalent or alternative method.

"PM 10 " means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by the applicable reference method or an equivalent
method.

"PM 10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less tha n or equal to a
nominal 10 micrometers emitted to the ambient air as measured by the applicable reference method, or an equivalent or alternative method.

"Performance test" means a test for determining emissions
from new or modified sources.

"Person" means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity.

"Pollutant" means any substance the presence of which in the outdoor atmosphere is or may be harmful or injurious to
human healt h, welfare or safety, to animal or plant life, or to property, or which unreasonably interferes with the enjoyment by the people of life or property.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physic al and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, o r processed, shall be treated as part of its design only
if the limitation or its effect on emissions is state and federally enforceable.

"Prevention of significant deterioration area" means any area not designated as a nonattainment area in 9VAC5

- 20

- 204 f or a particular pollutant and designated as such in 9VAC5

- 20

- 205.

"Proportional sampling" means sampling at a rate that produces a constant ratio of sampling rate to stack gas flow

rate.

"Public hearing" means, unless indicated otherwise, an informal proc eeding, similar to that provided for in § 2.2

- 4007.02 of the Administrative Process Act, held to afford persons an opportunity to submit views and data relative to a matter on which a decision of the board is pending.

"Reference method" means any method of sampling and analyzing for an air pollutant as described in the following EPA regulations: 1. For ambient air quality standards in 9VAC5

- 30 (Ambient Air Quality Standards): The applicable appendix of 40 CFR Part 50 or any method that has been designated

a s a reference method in accordance with 40 CFR Part 53, except that it does not include a method for which a reference designation has been canceled in accordance
with 40 CFR 53.11 or 40 CFR 53.16.

2. For emission standards in 9VAC5

- 40 (Existing Stationary Sources) and 9VAC5

- 50 (New and Modified Stationary Sources): Appendix M of 40 CFR Part 51 or Appendix A of 40 CFR Part 60.

3. For emission standards in 9VAC5

- 60 (Hazardous Air Pollutant Sources): Appendix B of 40 CFR Part 61 or Appendix A of 40 CFR Part 6 3.
"Regional director" means the regional director of an administrative region of the Department of Environmental Quality or a designated representative.

"Regulation of the board" means any regulation adopted by
the State Air Pollution Control Board under any provision of the Code of Virginia.

"Regulations for the Control and Abatement of Air
Pollution" means 9VAC5

- 10 (General Definitions) through
9VAC5

- 80 (Permits for Stationary Sources).

"Reid vapor pressure" means the absolute vapor pressure of
volatile crude oil and volatile nonviscous petroleum liquids except liquefied petroleum gases as determined by American Society for Testing and Materials publication, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)" (see 9VAC5

- 20

- 21).

" Run" means the net period of time during which an emission sample is collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice.

"Section 111(d) plan" means the portion or portions o f the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with § 111(d)(1) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with § 111(d)(2) of the federal Clean Air Act, an d which implements the relevant requirements of the federal Clean Air Act.

"Section 111(d)/129 plan" means the portion or portions of the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with §§ 111(d) (1) and 129(b)(2) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with §§ 111(d)(2) and 129(b)(3) of the federal Clean Air Act, and

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

353 which implements the relevant requirements of the federal
Clean Air Act.

"Shutdown" means the cessation of operation of an affected facility for any purpose.

"Source" means any one or combination of the following: buildings, structures, facilities, installations, articles, machines, equipment, landcraft, watercraft, aircraft or other
contrivan ces which contribute, or may contribute, either directly or indirectly to air pollution. Any activity by any person that contributes, or may contribute, either directly or indirectly to air pollution, including, but not limited to, open burning, generation of fugitive dust or emissions, and cleaning with abrasives or chemicals.

"Stack" means any point in a source designed to emit solids, liquids or gases into the air, including a pipe or duct, but not including flares.

"Stack in existence" means that the owner had:

1. Begun, or caused to begin, a continuous program of physical on site construction of the stack; or
2. Entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner, to undertake a program of construction of the stack to be completed in a
reasonable time.
"Standard conditions" means a temperature of 20°C (68°F) and a pressure of 760 mm of Hg (29.92 inches of Hg).

"Standard of performance" means any provision of 9VAC5

- 50 (New and Modified Stationary Sources) which prescribes an emissions limitation or other requirements that control air pollution emissions.

"Startup" means the setting in operation of an affected facility for any purpose.

"State enforceable" means all limitations and conditions which are enforceable by the board or department, including, but not limited to, those requirements developed pursuant to
9VAC5

- 20

- 110; requirements within any applicable regulation, order, consent agreement or variance; and any permit requirements established pursuant to 9VAC5

- 80 (Permits for Stationary Sources).

"State Implementation Plan" means the plan, including the most recent revision thereof, which has been approved or promulgated by the administrator, U.S. Environmental Protection Agency, under § 110 of the federal Clean Air Act, and which implements the requirements of § 110.

"Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant. A stationary source shall i nclude all of the pollutant

- emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel.
Pollutant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two

- digit code) as
described in the Standard Industrial Classification Manual (see 9VAC5

- 20

- 21).

"These regulations" means 9VAC5

- 10 (General Definitions) through 9VAC5

- 80 (Permits for Stationary Sources).

"Total suspended particulate (TSP)" or "TSP" means particulate matter as measured by the reference method described in Appendix B of 40 CFR Part 50.

"True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance
with methods described in American Petroleum Institute (API) publication, "Evaporative Loss from External Floating

Roof Tanks" (see 9VAC5

- 20

- 21). The API procedure may not be applicable to some high viscosity or high pour crudes. Available estimates of true vapor pressure may be used in special cases such as these.

"Urban area" means any area consisting of a core city with a population of 50,000 or more plus any surrounding localities with a population density of 80 persons per square mile and designated as such in 9VAC5

- 20

- 201.

"Vapor pressure," except where specific test methods are specified, means true vapor pressure, whether measured directly, or determined from Reid vapor pressure by use of the applicable nomograph in American Petroleum Institute publication, "Evaporative Loss from Floating

- Roof Tanks" (see 9VAC5

- 20

- 21).

"Virginia Air Pollution Control Law" means Cha pter 13 (§ 10.1

- 1300 et seq.) of Title 10.1 of the Code of Virginia.

"Volatile organic compound" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which partici pates in atmospheric photochemical
reactions.
1. This includes any such organic compounds which have been determined to have negligible photochemical reactivity other than the following:

a. Methane;
b. Ethane;
c. Methylene chloride (dichloromethane);
d. 1,1,1

- trichloroethane (methyl chloroform);
e. 1,1,2

- trichloro

- 1,2,2

- trifluoroethane (CFC

- 113);
f. Trichlorofluoromethane (CFC

- 11);
g. Dichlorodifluoromethane (CFC

- 12);
h. Chlorodifluoromethane (H CFC

- 22);
i. Trifluoromethane (H FC

- 23); j. 1,2

- dich loro 1,1,2,2,

- tetrafluoroethane (CFC

- 114);
k. Chloropentafluoroethane (CFC

- 115);
l. 1,1,1

- trifluoro 2,2

- dichloroethane (HCFC

- 123);
m. 1,1,1,2

- tetrafluoroethane (HFC

- 134a);

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

354 n. 1,1

- dichloro 1

- fluoroethane (HCFC

- 141b);

o. 1

- chloro 1,1

- difluoroethane (HCF C

- 142b);
p. 2

- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

- 124);
q. Pentafluoroethane (HFC

- 125);
r. 1,1,2,2

- tetrafluoroethane (HFC

- 134);
s. 1,1,1

- trifluoroethane (HFC

- 143a);
t. 1,1

- difluoroethane (HFC

- 152a);
u. Parachlorobenzotrifluoride (PCBTF);
v. Cycli c, branched, or linear completely methylated siloxanes;
w. Acetone;
x. Perchloroethylene (tetrachloroethylene);
y. 3,3

- dichloro

- 1,1,1,2,2

- pentafluoropropane (HCFC

225ca);
z. 1,3

- dichloro

- 1,1,2,2,3

- pentafluoropropane (HCFC

225cb);
aa. 1,1,1,2,3,4,4,5,5 ,5

- decafluoropentane (HFC 43

- 10mee);
bb. Difluoromethane (HFC

- 32);
cc. Ethylfluoride (HFC

- 161);
dd. 1,1,1,3,3,3

- hexafluoropropane (HFC

- 236fa);
ee. 1,1,2,2,3

- pentafluoropropane (HFC

- 245ca);
ff. 1,1,2,3,3

- pentafluoropropane (HFC

- 245ea);
gg. 1,1,1,2,3

- p entafluoropropane (HFC

- 245eb);
hh. 1,1,1,3,3

- pentafluoropropane (HFC

- 245fa);
ii. 1,1,1,2,3,3

- hexafluoropropane (HFC

- 236ea);
jj. 1,1,1,3,3

- pentafluorobutane (HFC

- 365mfc);
kk. Chlorofluoromethane (HCFC

- 31);

ll. 1 chloro

- 1

- fluoroethane (HCFC

- 151a);

mm. 1,2

- dichloro

- 1,1,2

- trifluoroethane (HCFC

- 123a);
nn. 1,1,1,2,2,3,3,4,4

- nonafluoro

- 4

- methoxy

- butane (C 4 F 9 OCH 3 or HFE

- 7100);

oo. 2

- (difluoromethoxymethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 );
pp. 1

- ethoxy

- 1,1,2,2,3,3,4,4,4

- nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE

- 7200);

qq. 2

- (ethoxydifluoromethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 );
rr. Methyl acetate;

ss. 1,1,1,2,2,3,3

- heptafluoro

- 3

- methoxy

- propane (n

C 3 F 7 OCH 3 ) (HFE

- 7000);

tt. 3

- ethoxy

- 1,1,1,2,3,4,4,5,5,6,6,6

- dodecafluoro

- 2

- (trifluoromethyl) hexane (HFE

- 7500);
uu. 1,1,1,2,3,3,3

- heptafluoropropane (HFC 227ea);
vv. methyl formate (HCOOCH 3 ); ww. (1) 1,1,1,2,2,3,4,5,5,5

- decafluoro

- 3

- methoxy

- 4

- trifluoromethyl

- pentane (HFE

- 7300);
xx. propylene carbonate;
yy. dimethyl carbona te; and

zz. trans

- 1,3,3,3

- tetrafluoropropene; and

aaa. Perfluorocarbon compounds which fall into these
classes:
(1) Cyclic, branched, or linear, completely fluorinated alkanes;
(2) Cyclic, branched, or linear, completely fluorinated
ethers with no unsat urations;
(3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and
(4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and
fluorine.
2. For purposes of determining c ompliance with emissions standards, volatile organic compounds shall be measured by the appropriate reference method in accordance with the provisions of 9VAC5

- 40

- 30 or 9VAC5

- 50

- 30, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly reactive compounds may be excluded as a volatile organic compound if the amount of such compounds is accurately quantified, and such exclusion is approved by the board.
3. As a precondition to excluding these co mpounds as volatile organic compounds or at any time thereafter, the board may require an owner to provide monitoring or testing methods and results demonstrating, to the satisfaction of the board, the amount of negligibly reactive compounds in the emissio ns of the source.
4. Exclusion of the above compounds in this definition in effect exempts such compounds from the provisions of emission standards for volatile organic compounds. The compounds are exempted on the basis of being so inactive that they will not contribute significantly to the formation of ozone in the troposphere. However, this exemption does not extend to other properties of the exempted compounds which, at some future date, may require regulation and
limitation of their use in accordance w ith requirements of
the federal Clean Air Act.
5. The following compound is a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements that apply to VOCs and shall be uniquely identified in e mission reports, but is not a VOC for purposes of VOC emission standards, VOC emissions limitations, or VOC content requirements: t

- butyl acetate.
"Welfare" means that language referring to effects on welfare includes, but is not limited to, effects on so ils, water, crops, vegetation, man

- made materials, animals, wildlife,

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

355 weather, visibility and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well

- being.

VA .R. Doc. No. R14

- 3282; Filed September 29, 2013, 9:04 p.m.

V IRGINIA WASTE MANAGEMENT BOARD

Fast

- Track Regulation
Title of Regulation: 9VAC20

- 81. Solid Waste Management Regulations (amending 9VAC20

- 81

- 95). Statutory Authority: § 10.1

- 1402 of the Code of Virginia;
42 USC 6941 et seq.; 40 CFR Part 258.
Public Hearing Information: No public hearings are
scheduled.

Public Comment Deadline: November 20, 2013.

Effective Date: December 5, 2013.
Agency Contact: Debra A. Harris, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4206, FAX (804) 698

- 4346, TTY (804) 698

- 4021, or email debra.harris@deq.virginia.gov.

Basis: Section 10.1

- 1402 of the Co de of Virginia authorizes the Virginia Waste Management Board to promulgate and enforce regulations necessary to carry out its powers and duties and the intent of Chapter 14 (§ 10.1

- 1400 et seq.) of Title 10.1 of the Code of Virginia and federal law.
Purp ose: This regulatory amendment is necessary due to the proposed changes to State Air Pollution Control Board's Open Burning Regulations (9VAC5

- 130). The rationale for this regulatory amendment is to retain the conditional exemptions for open burning for st atewide applicability. The amendment lists out the open burning exemptions under 9VAC20

- 81

- 95 in lieu of referencing the permissible open burning activities
of 9VAC5

- 130

- 40. As the State Air Pollution Control Board has proposed to amend 9VAC5

- 130

- 40 and li mit the applicability of 9VAC5

- 130

- 40 to volatile organic compounds emissions control areas (see 9VAC5

- 20

- 206),
subdivision D 15 of 9VAC20

- 81

- 95 of the Solid Waste Management Regulations is being amended to clarify that, for the purposes of solid waste man agement, the open burning of certain solid wastes continues to be conditionally exempt
from 9VAC20

- 81 for the listed activities statewide.
Rationale for Using Fast

- Track Process: The proposed amendment is expected to be noncontroversial and, therefore,
usi ng the fast

- track process is justified.

Substance: The amendment removes the reference to 9VAC5

- 130

- 40 and lists the conditional exemptions for open burning of certain solid wastes for specific activities (e.g., firefighting training, confidential documen t destruction, forest management, etc.).

Issues: There are no disadvantages to the public, the agency,
or the Commonwealth. Department of Planning and Budget's Economic Impact Analysis:
Summary of the Proposed Amendments to Regulation. The Virginia Waste Management Board (Board) proposes to list the permissible open burning activities within this regulation in lieu of incorporating them by reference. Result of Analysis. The benefits likely exceed the costs for all proposed changes.
Estimated Economic Impac t. The Board's proposal improves clarity and increases convenience for those seeking the list of permissible open burning activities, while not producing any cost. Thus, it creates a net benefit. Businesses and Entities Affected. The proposed amendments
d o not change requirements and thus do not significantly affect any businesses or other entities. The regulations affect all individuals, businesses or other entities that conduct any conditional exempt open burning activities.
Localities Particularly Affec ted. The proposed amendments do not disproportionately affect any particular localities.
Projected Impact on Employment. The proposed amendments will not affect employment.
Effects on the Use and Value of Private Property. The proposed amendments will not affect the use and value of private property.
Small Businesses: Costs and Other Effects. The proposed
amendments will not increase costs for small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments do no t adversely
affect small businesses. Real Estate Development Costs. The proposed amendments will not affect real estate development.
Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2

- 4007.04 of the
Administrative Process Act and Executive Order Number 14 (10). Section 2.2

- 4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected nu mber of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2

- 4007.04 requires that such

ec onomic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regu lation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

345 addition to a federal Black Sea Bass Moratorium Permit;
and
2. That person shall have landed and sold in Virg inia at least 10,000 pounds of black sea bass from July 1, 1997

, through December 31, 2001.
C. A person shall be considered eligible for a bycatch commercial black sea bass fishery permit by satisfying all of the following eligibility criteria:
1. That p erson shall hold either a Commercial Fisherman Registration License or a Seafood Landing License, in addition to a federal Black Sea Bass Moratorium Permit;
and 2. That person shall have landed and sold in Virginia at least one pound of black sea bass fro m July 1, 1997

, through December 31, 2001.

4VAC20

- 950

- 50. Penalty. (Repealed.)

As set forth in § 28.2

- 903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent
viol ation of any provision of this chapter committed by the same person within 12 months of a prior violation is a Class 1
misdemeanor.

4VAC20

- 950

- 60. Black sea bass aquaculture facility permit.

A. Any person operating an aquaculture facility in which any bla ck sea bass will be cultured, possessed, offered for sale, or sold shall possess a black sea bass aquaculture facility permit for that facility that was obtained from the
commissioner. 1. The black sea bass aquaculture facility permit shall
allow the faci lity to import black sea bass eggs, fry, and
brood

- stock from captive brood

- stock facilities.
2. A black sea bass aquaculture facility permit is not
transferable.
B. The application for a black sea bass aquaculture facility permit shall list the name and address of the applicant, the type and location of that facility, and an estimate of production capacity. A black sea bass aquaculture facility permit shall be valid for 10 years, from the date of issue, and may be renewed by the commissioner. The issuance and continuation of any person's black sea bass aquaculture facility permit are contingent on that designated facility being open for inspection by the Marine Resources Commission for the purposes of determining compliance with this chapter.

C. The origin al of the black sea bass facility aquaculture permit shall be maintained by the permittee and prominently displayed at the location of the permitted aquaculture facility. A copy of such permit shall be used as evidence of authorization to transport black s ea bass to and from the permitted aquaculture facility. 4VAC20

- 950

- 70. Sale, records, importation, and release of
black sea bass.

A. All black sea bass produced by an aquaculture facility and permitted by 4VAC20

- 950

- 60 shall be packaged, prior to sale, wit h a printed label indicating the product is of aquaculture origin. When packaged and labeled according to these requirements, such fish may be transported and sold at retail, at wholesale, or commercially until reaching the

consumer.

B. Any black sea bass that measures less than the lawful
minimum size described in 4VAC20

- 950

- 30, but are the product of a permitted aquaculture facility in another state, may be imported into Virginia for the consumer market. Any fish shall be packaged and labeled in accordanc e with the provisions contained in subsection A of this section.

C. Under no circumstance shall any black sea bass produced by an aquaculture facility be placed into Virginia waters without written permission from the commissioner.

4VAC20

- 950

- 80. Penalty.

As set forth in § 28.2

- 903 of the Code of Virginia, any person violating any provision of this chapter shall be guilty of a Class 3 misdemeanor, and a second or subsequent violation of any provision of this chapter committed by the same person within 12 mo nths of a prior violation is a Class 1
misdemeanor.

VA.R. Doc. No. R14

- 3885; Filed September 30, 2013, 2:47 p.m.



#  

# –––––––––––––––––– 

TITLE 9. ENVIRONMENT

ST ATE AIR POLLUTION CONTROL BOARD

Fast

- Track Regulation
Title of Regulation: 9VAC5

- 10. General D efinitions (rev. G12) (amending 9VAC5

- 10

- 20). Statutory Authority: § 10.1

- 1308 of the Code of Virginia.
Public Hearing Information: No public hearings are
scheduled.

Public Comment Deadline: November 20, 2013.

Effective Date: December 5, 2013.
Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4426, FAX (804)
698

- 4510, TTY (804) 698

- 4021, or email karen.sabasteanski@deq.virginia.gov.

Basis: Section 10.1

- 1308 of the Virginia Air Pollution Control Law (Chapter 13 (§ 10.1

- 1300 et seq.) of Title 10.1 of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and prohibiting air pollution in order to protect public health
and welfare.

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

348 U.S. Environmental Protection Agency's revised definition of VOC published in 77 FR 37610

- 37614.

9VAC5

- 10

- 20. Terms defined.

"Actual emissions rate" means the actual rate of emissions of a pollutant from an emissions unit. In general actual emissions shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during the most

recent two

- year period or some other two

- year period which is representative of normal source operation. If the board
determines that no two

- year period is representative of normal source operation, the board shall allow the use of an alternative period of time upon a determination by the board that it is more representative of normal source operation.
Actual em issions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored, or combusted during the selected time period.

"Administrator" means the administrator of the U.S. Environmental Protection Agen cy (EPA) or his authorized representative.

"Affected facility" means, with reference to a stationary source, any part, equipment, facility, installation, apparatus, process or operation to which an emission standard is applicable or any other facility so d esignated. The term "affected facility" includes any affected source as defined in
40 CFR 63.2.

"Air pollution" means the presence in the outdoor atmosphere of one or more substances which are or may be harmful or injurious to human health, welfare or safe ty; to animal or plant life; or to property; or which unreasonably interfere with the enjoyment by the people of life or property.

"Air quality" means the specific measurement in the ambient air of a particular air pollutant at any given time.

"Air quality control region" means any area designated as
such in 9VAC5

- 20

- 200.

"Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method, but which has been demonstrated to the
satisfaction of t he board, in specific cases, to produce results adequate for its determination of compliance.

"Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.

"Ambient air quality standard" means any primar y or secondary standard designated as such in 9VAC5

- 30 (Ambient Air Quality Standards).

"Board" means the State Air Pollution Control Board or its designated representative.

"Certified mail" means electronically certified or postal certified mail, except t hat this definition shall only apply to the mailing of plan approvals, permits, or certificates issued under the provisions of these regulations and only where the recipient has notified the department of the recipient's consent to receive plan approvals, permits, or certificates by
electronic mail. Any provision of these regulations requiring the use of certified mail to transmit special orders or administrative orders pursuant to enforcement proceedings shall mean postal certified mail.

"Class I area" me ans any prevention of significant deterioration area (i) in which virtually any deterioration of existing air quality is considered significant and (ii) designated as such in 9VAC5

- 20

- 205.

"Class II area" means any prevention of significant
deterioration a rea (i) in which any deterioration of existing air quality beyond that normally accompanying well

- controlled growth is considered significant and (ii) designated as such in
9VAC5

- 20

- 205.

"Class III area" means any prevention of significant
deterioration ar ea (i) in which deterioration of existing air quality to the levels of the ambient air quality standards is permitted and (ii) designated as such in 9VAC5

- 20

- 205.

"Continuous monitoring system" means the total equipment used to sample and condition (if app licable), to analyze, and to provide a permanent continuous record of emissions or process parameters.

"Control program" means a plan formulated by the owner of a stationary source to establish pollution abatement goals, including a compliance schedule to achieve such goals. The plan may be submitted voluntarily, or upon request or by order of the board, to ensure compliance by the owner with standards, policies and regulations adopted by the board. The plan shall include system and equipment information an d operating performance projections as required by the board for evaluating the probability of achievement. A control program shall contain the following increments of progress:
1. The date by which contracts for emission control system or process modifica tions are to be awarded, or the date by which orders are to be issued for the purchase of component parts to accomplish emission control or process
modification.
2. The date by which the on

- site construction or installation of emission control equipment or process change is to be
initiated. 3. The date by which the on

- site construction or installation of emission control equipment or process modification is to be completed.
4. The date by which final compliance is to be achieved.
"Criteria pollutant" means any pollutant for which an ambient air quality standard is established under 9VAC5

- 30 (Ambient Air Quality Standards).

"Day" means a 24

- hour period beginning at midnight.
"Delayed compliance order" means any order of the board issued after an appropriate h earing to an owner which postpones the date by which a stationary source is required to

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

349 comply with any requirement contained in the applicable implementation plan.

"Department" means any employee or other representative of the Virginia Department of Envir onmental Quality, as designated by the director.

"Director" or "executive director" means the director of the Virginia Department of Environmental Quality or a designated representative.

"Dispersion technique"

1. Means any technique which attempts to affec t the concentration of a pollutant in the ambient air by:

a. Using that portion of a stack which exceeds good engineering practice stack height;
b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or
c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhau st gas streams so as to increase the exhaust gas plume rise.
2. The preceding sentence does not include:

a. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream;
b. The merging of exhaust gas streams where:
(1) The owner demonstrates that the facility was originally designed and constructed with such merged gas streams; (2) After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant. This exclusion from the definition of "dispersion techniques" sha ll apply only to the emissions limitation for the pollutant affected by such change in operation; or
(3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or wa s carried out for sound economic or engineering reasons.
Where there was an increase in the emissions limitation or, in the event that no emissions limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the board shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the owner that merging was not significantly motivated by such intent, the board shall deny credit for the effects of such merging in calculating the allowable emissions for the

source; c. Smoke management in agricultural or silvicultural prescribed burning programs;
d. Episodic restrictions on residential woodburning and open burning ; or e. Techniques under subdivision 1 c of this definition which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.
"Emergency" means a situation that immedi ately and unreasonably affects, or has the potential to immediately and unreasonably affect, public health, safety or welfare; the health of animal or plant life; or property, whether used for recreational, commercial, industrial, agricultural or other

rea sonable use.

"Emissions limitation" means any requirement established by the board which limits the quantity, rate, or concentration of continuous emissions of air pollutants, including any requirements which limit the level of opacity, prescribe equipment , set fuel specifications, or prescribe operation or maintenance procedures to assure continuous emission
reduction.

"Emission standard" means any provision of 9VAC5

- 40 (Existing Stationary Sources), 9VAC5

- 50 (New and Modified Stationary Sources), or 9VAC5

- 60 (Hazardous Air Pollutant Sources) that prescribes an emissions limitation, or other requirements that control air pollution emissions.

"Emissions unit" means any part of a stationary source which emits or would have the potential to emit any air pollut ant.

"Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated to
the satisfaction of the board to have a consistent and quantitative relationship to the reference method under specified conditions.

" EPA" means the U.S. Environmental Protection Agency or an authorized representative.

"Excess emissions" means emissions of air pollutant in
excess of an emission standard.

"Excessive concentration" is defined for the purpose of determining good engineeri ng practice (GEP) stack height
under subdivision 3 of the GEP definition and means:
1. For sources seeking credit for stack height exceeding that established under subdivision 2 of the GEP definition, a maximum ground

- level concentration due to emissions from a stack due in whole or part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which
contributes to a total concentration due to emissions from

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

350 all sources that is greater than an ambient air quality standard. For sources subject to the provisions of Article 8 (9VAC5

- 80

- 1605 et seq.) of Part II of 9VAC5

- 80 (Permits for Stationary Sources), an excessive concentration alternatively means a maximum ground

- level
concentration due to emissions from a stack due in whole or part to downwash, wakes, or eddy effects produced by nearby structures or nearby terrain features whi ch individually is at least 40% in excess of the maximum concentration experienced in the absence of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than a prevention of significant deterioration in crement. The allowable emission rate to be used in making demonstrations under this provision shall be prescribed by the new source performance standard that is applicable to the source category unless the owner demonstrates that this
emission rate is infe asible. Where such demonstrations are approved by the board, an alternative emission rate shall be established in consultation with the owner;
2. For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under subdivision 2 of the GEP definition, either (i) a maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects as provided in subdivision 1 of this definition, except that the emission rate specified by any a pplicable implementation plan (or, in the absence of such a limit, the actual emission rate) shall be used, or (ii) the actual presence of a local nuisance caused by the existing stack, as determined by the board; and
3. For sources seeking credit after J anuary 12, 1979, for a stack height determined under subdivision 2 of the GEP definition where the board requires the use of a field study or fluid model to verify GEP stack height, for sources seeking stack height credit after November 9, 1984, based

on t he aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subdivision 2 of the GEP definition, a maximum ground

- level concentration due in whole or part to downwash, wakes or eddy effects
that is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.
"Existing source" means any stationary sour ce other than a
new source or modified source.

"Facility" means something that is built, installed or established to serve a particular purpose; includes, but is not limited to, buildings, installations, public works, businesses,
commercial and industrial plants, shops and stores, heating and power plants, apparatus, processes, operations, structures, and equipment of all types. "Federal Clean Air Act" means Chapter 85 (§ 7401 et seq.)
of Title 42 of the United States Code.

"Federally enforceable" means a ll limitations and conditions which are enforceable by the administrator and citizens under
the federal Clean Air Act or that are enforceable under other statutes administered by the administrator. Federally enforceable limitations and conditions include, but are not limited to, the following:
1. Emission standards, alternative emission standards, alternative emissions limitations, and equivalent emissions limitations established pursuant to § 112 of the federal
Clean Air Act as amended in 1990.

2. New sou rce performance standards established pursuant to § 111 of the federal Clean Air Act, and emission standards established pursuant to § 112 of the federal
Clean Air Act before it was amended in 1990.
3. All terms and conditions in a federal operating permit

, including any provisions that limit a source's potential to emit, unless expressly designated as not federally
enforceable.
4. Limitations and conditions that are part of an implementation plan.
5. Limitations and conditions that are part of a section
11 1(d) or section 111(d)/129 plan.
6. Limitations and conditions that are part of a federal construction permit issued under 40 CFR 52.21 or any construction permit issued under regulations approved by
EPA in accordance with 40 CFR Part 51.

7. Limitations an d conditions that are part of an operating permit issued pursuant to a program approved by EPA into an implementation plan as meeting EPA's minimum criteria for federal enforceability, including adequate notice and opportunity for EPA and public comment pr ior to issuance of the final permit and practicable enforceability. 8. Limitations and conditions in a Virginia regulation or program that has been approved by EPA under subpart E of 40 CFR Part 63 for the purposes of implementing and enforcing § 112 of th e federal Clean Air Act.
9. Individual consent agreements issued pursuant to the legal authority of EPA.
"Good engineering practice" or "GEP," with reference to the height of the stack, means the greater of:
1. 65 meters, measured from the ground

- level ele vation at the base of the stack;
2. a. For stacks in existence on January 12, 1979, and for which the owner had obtained all applicable permits or approvals required under 9VAC5

- 80 (Permits for Stationary Sources),

Hg = 2.5H,

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

351 provided the owner produces e vidence that this equation was actually relied on in establishing an emissions limitation;
b. For all other stacks,
Hg = H + 1.5L,

where: Hg = good engineering practice stack height, measured from the ground

- level elevation at the base of the stack,

H = height of nearby structure(s) measured from the ground

- level elevation at the base of the stack,
L = lesser dimension, height or projected width, of nearby structure(s) provided that the board may require the use of a field study or fluid model to veri fy GEP stack height for the source; or
3. The height demonstrated by a fluid model or a field study approved by the board, which ensures that the
emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmosphe ric downwash, wakes, or eddy effects created by the source itself, nearby structures or nearby terrain
features.
"Hazardous air pollutant" means an air pollutant to which no ambient air quality standard is applicable and which in the judgment of the admin istrator causes, or contributes to, air pollution which may reasonably be anticipated to result in an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness.

"Implementation plan" means the portion or portions of the state implementation plan, or the most recent revision thereof, which has been approved under § 110 of the federal Clean Air Act, or promulgated under § 110(c) of the federal Clean Air Act, or promulgated or approved pursuant to regulations promulga ted under § 301(d) of the federal Clean Air Act and which implements the relevant requirements of the federal
Clean Air Act.

"Initial emission test" means the test required by any regulation, permit issued pursuant to 9VAC5

- 80 (Permits for Stationary Sour ces), control program, compliance schedule or other enforceable mechanism for determining compliance with new or more stringent emission standards or permit limitations or other emissions limitations requiring the installation or modification of air pollut ion control equipment or implementation of a control method. Initial emission tests
shall be conducted in accordance with 9VAC5

- 40

- 30.

"Initial performance test" means the test required by (i) 40 CFR Part 60 for determining compliance with standards of

per formance, or (ii) a permit issued pursuant to 9VAC5

- 80 (Permits for Stationary Sources) for determining initial compliance with permit limitations. Initial performance tests
shall be conducted in accordance with 9VAC5

- 50

- 30 and
9VAC5

- 60

- 30. "Isokinetic sam pling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point.

"Locality" means a city, town, county or other public body created by or pursuant to state law.

"Mail" means electronic or postal delivery. "Maintenance area" means any geographic region of the United States previously designated as a nonattainment area and subsequently redesignated to attainment subject to the requirement to develop a maintenance p lan and designated as
such in 9VAC5

- 20

- 203.

"Malfunction" means any sudden failure of air pollution control equipment, of process equipment, or of a process to operate in a normal or usual manner, which failure is not due to intentional misconduct or negl igent conduct on the part of the owner or other person. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

"Monitoring device" means the total equipment used to measure and record (if applicable) process param eters.

"Nearby" as used in the definition of good engineering practice (GEP) is defined for a specific structure or terrain
feature and:
1. For purposes of applying the formulae provided in subdivision 2 of the GEP definition means that distance up
to fi ve times the lesser of the height or the width dimension of a structure, but not greater than 0.8 km (1/2 mile); and
2. For conducting demonstrations under subdivision 3 of the GEP definition means not greater than 0.8 km (1/2 mile), except that the porti on of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (Ht) of the feature, not to exceed two miles if such feature achieves a height (Ht) 0.8
km from the stack that is at least 40% of the GEP stack height determined by the formulae provided in subdivision 2 b of the GEP definition or 26 meters, whichever is greater, as measured from the ground

- level elevation at the base of the stack. The height of the structure or terrain
feature is measur ed from the ground

- level elevation at the
base of the stack.
"Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in
40 CFR Part 60.

"Nonattainment area" means any area which is shown by air quality m onitoring data or, where such data are not available, which is calculated by air quality modeling (or other methods determined by the board to be reliable) to exceed the levels allowed by the ambient air quality standard for a given pollutant including, bu t not limited to, areas designated as
such in 9VAC5

- 20

- 204.

"One hour" means any period of 60 consecutive minutes.

"One

- hour period" means any period of 60 consecutive minutes commencing on the hour.

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

352 "Organic compound" means any chemical compound of

car bon excluding carbon monoxide, carbon dioxide, carbonic disulfide, carbonic acid, metallic carbides, metallic carbonates
and ammonium carbonate.

"Owner" means any person, including bodies politic and corporate, associations, partnerships, personal represe ntatives, trustees and committees, as well as individuals, who owns, leases, operates, controls or supervises a source.

"Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than
100 micromete rs.

"Particulate matter emissions" means all finely divided solid or liquid material, other than uncombined water, emitted to the ambient air as measured by the applicable reference method, or an equivalent or alternative method.

"PM 10 " means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by the applicable reference method or an equivalent
method.

"PM 10 emissions" means finely divided solid or liquid material, with an aerodynamic diameter less tha n or equal to a
nominal 10 micrometers emitted to the ambient air as measured by the applicable reference method, or an equivalent or alternative method.

"Performance test" means a test for determining emissions
from new or modified sources.

"Person" means an individual, corporation, partnership, association, a governmental body, a municipal corporation, or any other legal entity.

"Pollutant" means any substance the presence of which in the outdoor atmosphere is or may be harmful or injurious to
human healt h, welfare or safety, to animal or plant life, or to property, or which unreasonably interferes with the enjoyment by the people of life or property.

"Potential to emit" means the maximum capacity of a stationary source to emit a pollutant under its physic al and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment, and restrictions on hours of operation or on the type or amount of material combusted, stored, o r processed, shall be treated as part of its design only
if the limitation or its effect on emissions is state and federally enforceable.

"Prevention of significant deterioration area" means any area not designated as a nonattainment area in 9VAC5

- 20

- 204 f or a particular pollutant and designated as such in 9VAC5

- 20

- 205.

"Proportional sampling" means sampling at a rate that produces a constant ratio of sampling rate to stack gas flow

rate.

"Public hearing" means, unless indicated otherwise, an informal proc eeding, similar to that provided for in § 2.2

- 4007.02 of the Administrative Process Act, held to afford persons an opportunity to submit views and data relative to a matter on which a decision of the board is pending.

"Reference method" means any method of sampling and analyzing for an air pollutant as described in the following EPA regulations: 1. For ambient air quality standards in 9VAC5

- 30 (Ambient Air Quality Standards): The applicable appendix of 40 CFR Part 50 or any method that has been designated

a s a reference method in accordance with 40 CFR Part 53, except that it does not include a method for which a reference designation has been canceled in accordance
with 40 CFR 53.11 or 40 CFR 53.16.

2. For emission standards in 9VAC5

- 40 (Existing Stationary Sources) and 9VAC5

- 50 (New and Modified Stationary Sources): Appendix M of 40 CFR Part 51 or Appendix A of 40 CFR Part 60.

3. For emission standards in 9VAC5

- 60 (Hazardous Air Pollutant Sources): Appendix B of 40 CFR Part 61 or Appendix A of 40 CFR Part 6 3.
"Regional director" means the regional director of an administrative region of the Department of Environmental Quality or a designated representative.

"Regulation of the board" means any regulation adopted by
the State Air Pollution Control Board under any provision of the Code of Virginia.

"Regulations for the Control and Abatement of Air
Pollution" means 9VAC5

- 10 (General Definitions) through
9VAC5

- 80 (Permits for Stationary Sources).

"Reid vapor pressure" means the absolute vapor pressure of
volatile crude oil and volatile nonviscous petroleum liquids except liquefied petroleum gases as determined by American Society for Testing and Materials publication, "Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method)" (see 9VAC5

- 20

- 21).

" Run" means the net period of time during which an emission sample is collected. Unless otherwise specified, a run may be either intermittent or continuous within the limits of good engineering practice.

"Section 111(d) plan" means the portion or portions o f the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with § 111(d)(1) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with § 111(d)(2) of the federal Clean Air Act, an d which implements the relevant requirements of the federal Clean Air Act.

"Section 111(d)/129 plan" means the portion or portions of the plan, or the most recent revision thereof, which has been approved under 40 CFR 60.27(b) in accordance with §§ 111(d) (1) and 129(b)(2) of the federal Clean Air Act, or promulgated under 40 CFR 60.27(d) in accordance with §§ 111(d)(2) and 129(b)(3) of the federal Clean Air Act, and

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

353 which implements the relevant requirements of the federal
Clean Air Act.

"Shutdown" means the cessation of operation of an affected facility for any purpose.

"Source" means any one or combination of the following: buildings, structures, facilities, installations, articles, machines, equipment, landcraft, watercraft, aircraft or other
contrivan ces which contribute, or may contribute, either directly or indirectly to air pollution. Any activity by any person that contributes, or may contribute, either directly or indirectly to air pollution, including, but not limited to, open burning, generation of fugitive dust or emissions, and cleaning with abrasives or chemicals.

"Stack" means any point in a source designed to emit solids, liquids or gases into the air, including a pipe or duct, but not including flares.

"Stack in existence" means that the owner had:

1. Begun, or caused to begin, a continuous program of physical on site construction of the stack; or
2. Entered into binding agreements or contractual obligations, which could not be canceled or modified without substantial loss to the owner, to undertake a program of construction of the stack to be completed in a
reasonable time.
"Standard conditions" means a temperature of 20°C (68°F) and a pressure of 760 mm of Hg (29.92 inches of Hg).

"Standard of performance" means any provision of 9VAC5

- 50 (New and Modified Stationary Sources) which prescribes an emissions limitation or other requirements that control air pollution emissions.

"Startup" means the setting in operation of an affected facility for any purpose.

"State enforceable" means all limitations and conditions which are enforceable by the board or department, including, but not limited to, those requirements developed pursuant to
9VAC5

- 20

- 110; requirements within any applicable regulation, order, consent agreement or variance; and any permit requirements established pursuant to 9VAC5

- 80 (Permits for Stationary Sources).

"State Implementation Plan" means the plan, including the most recent revision thereof, which has been approved or promulgated by the administrator, U.S. Environmental Protection Agency, under § 110 of the federal Clean Air Act, and which implements the requirements of § 110.

"Stationary source" means any building, structure, facility or installation which emits or may emit any air pollutant. A stationary source shall i nclude all of the pollutant

- emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person (or persons under common control) except the activities of any vessel.
Pollutant

- emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" (i.e., which have the same two

- digit code) as
described in the Standard Industrial Classification Manual (see 9VAC5

- 20

- 21).

"These regulations" means 9VAC5

- 10 (General Definitions) through 9VAC5

- 80 (Permits for Stationary Sources).

"Total suspended particulate (TSP)" or "TSP" means particulate matter as measured by the reference method described in Appendix B of 40 CFR Part 50.

"True vapor pressure" means the equilibrium partial pressure exerted by a petroleum liquid as determined in accordance
with methods described in American Petroleum Institute (API) publication, "Evaporative Loss from External Floating

Roof Tanks" (see 9VAC5

- 20

- 21). The API procedure may not be applicable to some high viscosity or high pour crudes. Available estimates of true vapor pressure may be used in special cases such as these.

"Urban area" means any area consisting of a core city with a population of 50,000 or more plus any surrounding localities with a population density of 80 persons per square mile and designated as such in 9VAC5

- 20

- 201.

"Vapor pressure," except where specific test methods are specified, means true vapor pressure, whether measured directly, or determined from Reid vapor pressure by use of the applicable nomograph in American Petroleum Institute publication, "Evaporative Loss from Floating

- Roof Tanks" (see 9VAC5

- 20

- 21).

"Virginia Air Pollution Control Law" means Cha pter 13 (§ 10.1

- 1300 et seq.) of Title 10.1 of the Code of Virginia.

"Volatile organic compound" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, which partici pates in atmospheric photochemical
reactions.
1. This includes any such organic compounds which have been determined to have negligible photochemical reactivity other than the following:

a. Methane;
b. Ethane;
c. Methylene chloride (dichloromethane);
d. 1,1,1

- trichloroethane (methyl chloroform);
e. 1,1,2

- trichloro

- 1,2,2

- trifluoroethane (CFC

- 113);
f. Trichlorofluoromethane (CFC

- 11);
g. Dichlorodifluoromethane (CFC

- 12);
h. Chlorodifluoromethane (H CFC

- 22);
i. Trifluoromethane (H FC

- 23); j. 1,2

- dich loro 1,1,2,2,

- tetrafluoroethane (CFC

- 114);
k. Chloropentafluoroethane (CFC

- 115);
l. 1,1,1

- trifluoro 2,2

- dichloroethane (HCFC

- 123);
m. 1,1,1,2

- tetrafluoroethane (HFC

- 134a);

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

354 n. 1,1

- dichloro 1

- fluoroethane (HCFC

- 141b);

o. 1

- chloro 1,1

- difluoroethane (HCF C

- 142b);
p. 2

- chloro

- 1,1,1,2

- tetrafluoroethane (HCFC

- 124);
q. Pentafluoroethane (HFC

- 125);
r. 1,1,2,2

- tetrafluoroethane (HFC

- 134);
s. 1,1,1

- trifluoroethane (HFC

- 143a);
t. 1,1

- difluoroethane (HFC

- 152a);
u. Parachlorobenzotrifluoride (PCBTF);
v. Cycli c, branched, or linear completely methylated siloxanes;
w. Acetone;
x. Perchloroethylene (tetrachloroethylene);
y. 3,3

- dichloro

- 1,1,1,2,2

- pentafluoropropane (HCFC

225ca);
z. 1,3

- dichloro

- 1,1,2,2,3

- pentafluoropropane (HCFC

225cb);
aa. 1,1,1,2,3,4,4,5,5 ,5

- decafluoropentane (HFC 43

- 10mee);
bb. Difluoromethane (HFC

- 32);
cc. Ethylfluoride (HFC

- 161);
dd. 1,1,1,3,3,3

- hexafluoropropane (HFC

- 236fa);
ee. 1,1,2,2,3

- pentafluoropropane (HFC

- 245ca);
ff. 1,1,2,3,3

- pentafluoropropane (HFC

- 245ea);
gg. 1,1,1,2,3

- p entafluoropropane (HFC

- 245eb);
hh. 1,1,1,3,3

- pentafluoropropane (HFC

- 245fa);
ii. 1,1,1,2,3,3

- hexafluoropropane (HFC

- 236ea);
jj. 1,1,1,3,3

- pentafluorobutane (HFC

- 365mfc);
kk. Chlorofluoromethane (HCFC

- 31);

ll. 1 chloro

- 1

- fluoroethane (HCFC

- 151a);

mm. 1,2

- dichloro

- 1,1,2

- trifluoroethane (HCFC

- 123a);
nn. 1,1,1,2,2,3,3,4,4

- nonafluoro

- 4

- methoxy

- butane (C 4 F 9 OCH 3 or HFE

- 7100);

oo. 2

- (difluoromethoxymethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3 ) 2 CFCF 2 OCH 3 );
pp. 1

- ethoxy

- 1,1,2,2,3,3,4,4,4

- nonafluorobutane (C 4 F 9 OC 2 H 5 or HFE

- 7200);

qq. 2

- (ethoxydifluoromethyl)

- 1,1,1,2,3,3,3

- hepta

fluoropropane ((CF 3 ) 2 CFCF 2 OC 2 H 5 );
rr. Methyl acetate;

ss. 1,1,1,2,2,3,3

- heptafluoro

- 3

- methoxy

- propane (n

C 3 F 7 OCH 3 ) (HFE

- 7000);

tt. 3

- ethoxy

- 1,1,1,2,3,4,4,5,5,6,6,6

- dodecafluoro

- 2

- (trifluoromethyl) hexane (HFE

- 7500);
uu. 1,1,1,2,3,3,3

- heptafluoropropane (HFC 227ea);
vv. methyl formate (HCOOCH 3 ); ww. (1) 1,1,1,2,2,3,4,5,5,5

- decafluoro

- 3

- methoxy

- 4

- trifluoromethyl

- pentane (HFE

- 7300);
xx. propylene carbonate;
yy. dimethyl carbona te; and

zz. trans

- 1,3,3,3

- tetrafluoropropene; and

aaa. Perfluorocarbon compounds which fall into these
classes:
(1) Cyclic, branched, or linear, completely fluorinated alkanes;
(2) Cyclic, branched, or linear, completely fluorinated
ethers with no unsat urations;
(3) Cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and
(4) Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and
fluorine.
2. For purposes of determining c ompliance with emissions standards, volatile organic compounds shall be measured by the appropriate reference method in accordance with the provisions of 9VAC5

- 40

- 30 or 9VAC5

- 50

- 30, as applicable. Where such a method also measures compounds with negligible photochemical reactivity, these negligibly reactive compounds may be excluded as a volatile organic compound if the amount of such compounds is accurately quantified, and such exclusion is approved by the board.
3. As a precondition to excluding these co mpounds as volatile organic compounds or at any time thereafter, the board may require an owner to provide monitoring or testing methods and results demonstrating, to the satisfaction of the board, the amount of negligibly reactive compounds in the emissio ns of the source.
4. Exclusion of the above compounds in this definition in effect exempts such compounds from the provisions of emission standards for volatile organic compounds. The compounds are exempted on the basis of being so inactive that they will not contribute significantly to the formation of ozone in the troposphere. However, this exemption does not extend to other properties of the exempted compounds which, at some future date, may require regulation and
limitation of their use in accordance w ith requirements of
the federal Clean Air Act.
5. The following compound is a VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements that apply to VOCs and shall be uniquely identified in e mission reports, but is not a VOC for purposes of VOC emission standards, VOC emissions limitations, or VOC content requirements: t

- butyl acetate.
"Welfare" means that language referring to effects on welfare includes, but is not limited to, effects on so ils, water, crops, vegetation, man

- made materials, animals, wildlife,

# Regulations

Volume 30, Issue 4 Virginia Register of Regulations October 21, 2013

355 weather, visibility and climate, damage to and deterioration of property, and hazards to transportation, as well as effects on economic values and on personal comfort and well

- being.

VA .R. Doc. No. R14

- 3282; Filed September 29, 2013, 9:04 p.m.

V IRGINIA WASTE MANAGEMENT BOARD

Fast

- Track Regulation
Title of Regulation: 9VAC20

- 81. Solid Waste Management Regulations (amending 9VAC20

- 81

- 95). Statutory Authority: § 10.1

- 1402 of the Code of Virginia;
42 USC 6941 et seq.; 40 CFR Part 258.
Public Hearing Information: No public hearings are
scheduled.

Public Comment Deadline: November 20, 2013.

Effective Date: December 5, 2013.
Agency Contact: Debra A. Harris, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4206, FAX (804) 698

- 4346, TTY (804) 698

- 4021, or email debra.harris@deq.virginia.gov.

Basis: Section 10.1

- 1402 of the Co de of Virginia authorizes the Virginia Waste Management Board to promulgate and enforce regulations necessary to carry out its powers and duties and the intent of Chapter 14 (§ 10.1

- 1400 et seq.) of Title 10.1 of the Code of Virginia and federal law.
Purp ose: This regulatory amendment is necessary due to the proposed changes to State Air Pollution Control Board's Open Burning Regulations (9VAC5

- 130). The rationale for this regulatory amendment is to retain the conditional exemptions for open burning for st atewide applicability. The amendment lists out the open burning exemptions under 9VAC20

- 81

- 95 in lieu of referencing the permissible open burning activities
of 9VAC5

- 130

- 40. As the State Air Pollution Control Board has proposed to amend 9VAC5

- 130

- 40 and li mit the applicability of 9VAC5

- 130

- 40 to volatile organic compounds emissions control areas (see 9VAC5

- 20

- 206),
subdivision D 15 of 9VAC20

- 81

- 95 of the Solid Waste Management Regulations is being amended to clarify that, for the purposes of solid waste man agement, the open burning of certain solid wastes continues to be conditionally exempt
from 9VAC20

- 81 for the listed activities statewide.
Rationale for Using Fast

- Track Process: The proposed amendment is expected to be noncontroversial and, therefore,
usi ng the fast

- track process is justified.

Substance: The amendment removes the reference to 9VAC5

- 130

- 40 and lists the conditional exemptions for open burning of certain solid wastes for specific activities (e.g., firefighting training, confidential documen t destruction, forest management, etc.).

Issues: There are no disadvantages to the public, the agency,
or the Commonwealth. Department of Planning and Budget's Economic Impact Analysis:
Summary of the Proposed Amendments to Regulation. The Virginia Waste Management Board (Board) proposes to list the permissible open burning activities within this regulation in lieu of incorporating them by reference. Result of Analysis. The benefits likely exceed the costs for all proposed changes.
Estimated Economic Impac t. The Board's proposal improves clarity and increases convenience for those seeking the list of permissible open burning activities, while not producing any cost. Thus, it creates a net benefit. Businesses and Entities Affected. The proposed amendments
d o not change requirements and thus do not significantly affect any businesses or other entities. The regulations affect all individuals, businesses or other entities that conduct any conditional exempt open burning activities.
Localities Particularly Affec ted. The proposed amendments do not disproportionately affect any particular localities.
Projected Impact on Employment. The proposed amendments will not affect employment.
Effects on the Use and Value of Private Property. The proposed amendments will not affect the use and value of private property.
Small Businesses: Costs and Other Effects. The proposed
amendments will not increase costs for small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed amendments do no t adversely
affect small businesses. Real Estate Development Costs. The proposed amendments will not affect real estate development.
Legal Mandate. The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2

- 4007.04 of the
Administrative Process Act and Executive Order Number 14 (10). Section 2.2

- 4007.04 requires that such economic impact analyses include, but need not be limited to, a determination of the public benefit, the projected nu mber of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected, the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has an adverse effect on small businesses, § 2.2

- 4007.04 requires that such

ec onomic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regu lation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the

### 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 comments on this particular revision.

TEMPLATES \ SIP

- REG \ REG03

- pc SIP \ NONATTN PLANS \ 2014 \ G12

- SIP

- 3.DOC