Molly" Joseph Ward 

Secretary of Natural Resources 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

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

Mailing address: P.O. Box 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 

1-800-592-5482 

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

Effective 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.DOC
COMMONWEALTH 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 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 emissions 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 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 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 the 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.
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 Quality 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 considered significant and (ii) 

designated as such in 9VAC5-20-205.

"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 considered significant and (ii) designated as such in 9VAC5-20-

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 (ii) 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 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 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 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.
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 comply 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" means 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 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 

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 gas stream;

b. The merging of exhaust gas streams where:

(1) The owner demonstrates that the facility was 
COMMONWEALTH 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 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" shall 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 was 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 immediately 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 reasonable 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 
COMMONWEALTH 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 

engineering 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 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 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 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 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 in 
COMMONWEALTH 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 

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 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 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 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 

emissions limitations, and equivalent emissions limitations established pursuant to § 112 

of the federal Clean Air Act as amended in 1990.

2. New source 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.
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 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 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 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 the 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 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 emissions 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 base 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 pollutant 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 in 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" 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 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 emissions

limitations requiring the installation 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 

determining 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 9VAC5-50-30 

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 body 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 negligent 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 any area designated as such in 

9VAC5-20-202.

"Monitoring device" 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 applying 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 under 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, not 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 stack 
COMMONWEALTH 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 measured 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 

measured 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 period" 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 ammonium 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.

"Particulate 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, emitted to the ambient air as measured by the 

applicable reference method, or an equivalent or alternative method.

"PM10" 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.

"PM10 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, or 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 other 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 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 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 is 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 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 proceeding, 

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 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 40 
COMMONWEALTH OF VIRGINIA PAGE 12 of 18

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10)

CFR Part 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 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 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 promulgated 

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 directly or 
COMMONWEALTH 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 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 millimeters 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 include 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.
COMMONWEALTH OF VIRGINIA PAGE 14 of 18

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-10)

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)" 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 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 Chapter 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 participates 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);
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 (HFC-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 

(C4F9OCH3 or HFE-7100);

oo. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OCH3);

pp. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9OC2H5

or HFE-7200);

qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5);
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 (nC3F7OCH3) (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 (HCOOCH3);

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. 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 unsaturations;

(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 compliance 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 
COMMONWEALTH 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 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 

with 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 which apply to VOCs and shall be uniquely identified in emission reports, 

but is not a VOC for purposes of VOC emissions 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 activities and compliance with state 

administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

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

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

Virginia State Implementation Plan was held from 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, along 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 attached copy of the 

notice provides the evidence required by Section 2.1(f) of Appendix V of 40 CFR Part 

51. 

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

of the public comment period, as was each local air pollution control agency which will 

be significantly affected by the revision and is located in the affected Air Quality Control 

Regions. In addition, the District of Columbia, Maryland and Tennessee, which share 

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

comment period. These notifications follow the requirements of 40 CFR Part 

51.102(d)(3), (4) and (5).

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

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

amendments were published in the Virginia Register of Regulations on 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 

reference 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 used 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 

evidence 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 include 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 start 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 each 

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, telephone (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 of 

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 Department of Environmental Quality 

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

proposed revision to the Commonwealth of Virginia State 

Implementation Plan (SIP). The SIP is a plan developed by 

the Commonwealth in order to fulfill its responsibilities under 

the federal Clean Air Act to attain and maintain the ambient 

air quality standards promulgated by the U.S. Environmental 

Protection Agency (EPA) under the Act. The Commonwealth 

intends to submit the regulation to EPA as a revision to the 

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

federal Clean Air Act.

Regulations affected: The regulation of the board affected by 

this action is 9VAC5-10, General Definitions (Revision G12).

Purpose of notice: DEQ is seeking comments on the issue of 

whether 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 order 

to be considered, the request must include the full name, 

address, and telephone number of the person requesting the 

hearing and be received by DEQ on the last day of the 

comment period. Notice of the date, time, and location of any 

requested public hearing will be announced in a separate 

notice, and another 30-day comment period will be 

conducted.

Public comment stage: Because the regulation amendments 

have been adopted by the board in accordance with the 

Administrative Process Act and have subsequently 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 (HFO-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 received 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/Programs/Air/PublicNotices/airpla

nsandprograms.aspx. The documents may also be obtained by 

contacting the DEQ representative named below. The public 

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

of each business day until the close of the public comment 

period at the following DEQ locations: 

1) 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 Regional Office, Roanoke Location, 3019 

Peters Creek Road, Roanoke, VA, telephone (540) 562-

6700; 

4) Blue Ridge Regional Office, Lynchburg Location, 7705 

Timberlake Road, Lynchburg, VA, telephone (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 

proposed 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 hearing: 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.

Permit 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 from 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 issued 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 

issuance.

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 facility 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 references (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 Virginia 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 person 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 from 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 

violation 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 black 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 facility 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 original 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 sea 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, with 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 accordance 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 months 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

STATE AIR POLLUTION CONTROL BOARD

Fast-Track Regulation

Title of Regulation: 9VAC5-10. General Definitions (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 the 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, 

adoption, 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 necessary. 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 may 

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 adding 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 Abatement 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 scientifically 

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 considered 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 anticipated.

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 

containing 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 make 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. Companies 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 

proposed 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 to add a substance that has been 

demonstrated to be less reactive to the list of substances that 
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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 substances 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 

located 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 health 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 negligibly 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 

(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 make it easier and 

less expensive for industry to use. 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. Companies that 

use HFO-1234ze in place of more reactive substances may 

also benefit by reducing their VOC emissions 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 HFO1234ze to the list of substances not considered to be VOC 

does not have a disproportionate 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 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 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 substances 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 small 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 

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, the projected 

number 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 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 professional 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 achieving 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 prepared 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 
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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 emissions 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 Agency (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 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 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 the 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 primary 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 that 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" means 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 area (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 area (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 applicable), 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 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 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 hearing to an owner which 

postpones the date by which a stationary source is required to 
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comply 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" means 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 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 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 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" shall 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 was 

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 immediately 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 

reasonable 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 

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 engineering 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 
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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 which 

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 increment. 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 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 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 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 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 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 emissions limitations, and equivalent emissions 

limitations established pursuant to § 112 of the federal 

Clean Air Act as amended in 1990.

2. New source 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 

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 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 the 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 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, 
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provided the owner produces evidence 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 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 pollutant 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 in 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" 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 

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 emissions limitations requiring the 

installation 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.

"Initial performance test" means the test required by (i) 40 

CFR Part 60 for determining 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 9VAC5-50-30 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 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 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 negligent 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 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 applying 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 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 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, 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 measured 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 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 period" means any period of 60 consecutive 

minutes commencing on the hour. 
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"Organic compound" means any chemical compound of 

carbon 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 representatives, 

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 micrometers. 

"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.

"PM10" 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.

"PM10 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, 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 health, 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 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 is 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 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 proceeding, 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 

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 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 63.

"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 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 

promulgated under 40 CFR 60.27(d) in accordance with 

§§ 111(d)(2) and 129(b)(3) of the federal Clean Air Act, and 
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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 

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 include 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 FloatingRoof 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 Chapter 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 participates 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-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); 
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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 (HFC-152a); 

u. Parachlorobenzotrifluoride (PCBTF); 

v. Cyclic, branched, or linear completely methylated 

siloxanes; 

w. Acetone; 

x. Perchloroethylene (tetrachloroethylene); 

y. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC225ca); 

z. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC225cb); 

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 

(C4F9OCH3 or HFE-7100); 

oo. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2 OCH3); 

pp. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9 

OC2H5 or HFE-7200); 

qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5); 

rr. Methyl acetate; 

ss. 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F7OCH3) (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 (HCOOCH3); 

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. 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 unsaturations; 

(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 compliance 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 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 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 with 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 emission 

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 soils, water, 

crops, vegetation, man-made materials, animals, wildlife, 
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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. 

VIRGINIA 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 Code 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. 

Purpose: 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 statewide 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 limit 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 management, 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, 

using 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 document 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 Impact. 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 

do 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 Affected. 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 not 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 number 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 

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 professional 

skills necessary for preparing required reports and other 

documents; (iii) a statement of the probable effect of the 
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345

addition to a federal Black Sea Bass Moratorium Permit; 

and 

2. That person shall have landed and sold in Virginia 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 person 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 from 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 

violation 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 black 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 facility 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 original 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 sea 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, with 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 accordance 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 months 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

STATE AIR POLLUTION CONTROL BOARD

Fast-Track Regulation

Title of Regulation: 9VAC5-10. General Definitions (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. 
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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 emissions 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 Agency (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 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 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 the 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 primary 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 that 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" means 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 area (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 area (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 applicable), 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 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 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 hearing to an owner which 

postpones the date by which a stationary source is required to 
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349

comply 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" means 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 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 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 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" shall 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 was 

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 immediately 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 

reasonable 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 

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 engineering 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 
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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 which 

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 increment. 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 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 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 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 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 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 emissions limitations, and equivalent emissions 

limitations established pursuant to § 112 of the federal 

Clean Air Act as amended in 1990.

2. New source 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 

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 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 the 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 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, 
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provided the owner produces evidence 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 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 pollutant 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 in 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" 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 

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 emissions limitations requiring the 

installation 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.

"Initial performance test" means the test required by (i) 40 

CFR Part 60 for determining 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 9VAC5-50-30 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 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 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 negligent 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 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 applying 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 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 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, 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 measured 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 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 period" means any period of 60 consecutive 

minutes commencing on the hour. 
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"Organic compound" means any chemical compound of 

carbon 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 representatives, 

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 micrometers. 

"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.

"PM10" 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.

"PM10 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, 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 health, 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 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 is 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 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 proceeding, 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 

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 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 63.

"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 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 

promulgated under 40 CFR 60.27(d) in accordance with 

§§ 111(d)(2) and 129(b)(3) of the federal Clean Air Act, and 
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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 

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 include 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 FloatingRoof 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 Chapter 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 participates 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-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); 
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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 (HFC-152a); 

u. Parachlorobenzotrifluoride (PCBTF); 

v. Cyclic, branched, or linear completely methylated 

siloxanes; 

w. Acetone; 

x. Perchloroethylene (tetrachloroethylene); 

y. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC225ca); 

z. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC225cb); 

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 

(C4F9OCH3 or HFE-7100); 

oo. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2 OCH3); 

pp. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F9 

OC2H5 or HFE-7200); 

qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF3)2CFCF2OC2H5); 

rr. Methyl acetate; 

ss. 1,1,1,2,2,3,3-heptafluoro-3-methoxy-propane (nC3F7OCH3) (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 (HCOOCH3); 

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. 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 unsaturations; 

(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 compliance 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 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 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 with 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 emission 

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 soils, water, 

crops, vegetation, man-made materials, animals, wildlife, 
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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. 

VIRGINIA 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 Code 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. 

Purpose: 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 statewide 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 limit 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 management, 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, 

using 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 document 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 Impact. 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 

do 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 Affected. 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 not 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 number 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 

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 professional 

skills necessary for preparing required reports and other 

documents; (iii) a statement of the probable effect of the 
ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

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

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division.

The state did not receive comments on this particular revision.

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