UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:	September 5, 2007

SUBJECT:	Technical Support Document-Virginia-Amendments to Chapter 20, 9
VAC 5-20-21, and Chapter 40, Articles 42, 48, 49, and 50

			

FROM:	Ellen Wentworth   /s/

Air Quality Planning Branch 

TO:		File

			

THRU: 	Marilyn Powers, Acting Branch Chief  /s/

Air Quality Planning Branch

I.  Background

The Federal Clean Air Act (CAA) requires the Environmental Protection
Agency (EPA) to prescribe primary and secondary air quality standards to
protect public health and public welfare, respectively, for each
pollutant for which air quality criteria were issued before the
enactment of the CAA in 1970.  These standards are known as the national
ambient air quality standards (NAAQS).  Each state is required to adopt
and submit to the EPA a state implementation plan (SIP) that provides
for the implementation, maintenance, and enforcement of the NAAQS within
each air quality control region in the state.

Areas that do not meet the ozone NAAQS are designated as ozone
nonattainment areas as opposed to attainment or unclassifiable areas. 
Nonattainment areas are further classified as marginal, moderate,
serious, severe, and extreme, and are subject to more stringent measures
as the classification moves from marginal nonattainment to extreme
nonattainment.  

The Commonwealth of Virginia(s regulations establish VOC and NOx
emissions control areas to provide the legal mechanism to define the
geographic areas in which Virginia implements control measures to attain
and maintain the air quality standards for ozone.  The emissions control
areas may or may not coincide with the nonattainment areas, depending
upon the necessity of the planning requirements. 

 

The original ozone air quality standard was a 1-hour standard.  On July
18, 1997, EPA promulgated a revised 8-hour ozone standard of 0.08 parts
per million (ppm).  This new standard is more stringent than the
previous 1-hour standard.  On April 30, 2004, (69 FR 23858), the EPA
designated and classified areas for the 8-hour ozone NAAQS.  For most
areas, these designations became effective June 15, 2004.  EPA
designated, as nonattainment, any area violating the 8-hour ozone NAAQS
based on the air quality data for the three years of 2001-2003.  These
were the most recent three years of data at the time EPA designated
8-hour areas.  The 8-hour standard replaced the 1-hour standard on June
15, 2005 (69 FR 23996).  

II.  EPA Analysis of the Commonwealth’s Request

On May 14, 2007, the Commonwealth of Virginia submitted a formal
revision to its SIP amending 9 VAC 5, Chapter 20, and 9 VAC 5 Chapter 40
of Virginia’s regulations.  Specifically, this revision amends 9 VAC 5
Chapter 20, Part I, Administrative, 9 VAC 5-20-21, Documents
Incorporated by Reference, and 9 VAC 5, Chapter 40, Existing Stationary
Sources, Articles 42, 48, 49, and 50.  This revision was changed from
the proposal in that it adds six specialty architectural and industrial
maintenance coating categories from the Federal AIM rule that were
inadvertently omitted from the original regulation.

Specifically, the amendments to 9 VAC 5-20-21 consist of the
incorporation by reference of two additional test methods and procedures
needed for Virginia’s Architectural and Industrial Maintenance
Coatings Rule (9 VAC 5 Chapter 40, Article 49).  These are American
Society for Testing and Materials (ASTM) documents D 3912-95,
“Standard Test Method for Chemical Resistance of Coatings Used in
Light-Water Nuclear Power Plant” (reapproved 2001); and D 4082-02,
“Standard Test Method for Effects of Gamma Radiation on Coatings for
Use in Light-Water Nuclear Power Plants.” 

Currently, Chapter 40 of the Regulations for the Control and Abatement
of Air Pollution contains a number of rules used to enforce control
measures designed to attain and maintain the ozone air quality standard.
 The geographic applicability of these rules is defined by establishing
VOC and NOx emission control areas in a list located in 9 VAC 5-20-206. 
Most of these Chapter 40 rules automatically apply within all of the VOC
emissions control areas.  Some Chapter 40 rules have provisions that
apply only to certain existing VOC and NOx emission control areas. 
Other Chapter 40 regulations were originally adopted to apply only
within the Northern Virginia VOC Emissions Control Area.  Others will be
expanded to apply in the Fredericksburg VOC Emissions Control Area as
contingency measures in its maintenance plan.  Accordingly, the May 14,
2007 SIP revision amends the following Chapter 40 regulations to apply
within the new Fredericksburg VOC Emissions Control Area:  Article 42,
Emission Standards for Portable Fuel container Spillage (9 VAC
5-40-5700-5770); Article 48, Emission Standards for Mobile Equipment
Repair and Refinishing Operations (9 VAC 5-40-6970-7110); Article 49,
Emission Standards for Architectural and Industrial Maintenance Coatings
(9 VAC 5-40-7120-7230); and Article 50, Emission Standards for Consumer
Products (9 VAC 5-40-7240-7360).  At present these four regulations are
only applicable in the Northern Virginia VOC Emissions Control Area.  

The Fredericksburg VOC Emissions Control Area consists of Spotsylvania
County and Fredericksburg City.  Persons affected by the extension of
the provisions of Articles 42, 48, 49, and 50 to the Fredericksburg VOC
Emissions Control Area must comply by January 1, 2008.

Chapter 40, Article 42 – Emission Standards for Portable Fuel
Container Spillage (9 VAC 5-40-5700 to 9 VAC 5-40-5770) is being amended
to apply within the new Fredericksburg VOC Emissions Control Area in
addition to the Northern Virginia VOC Emissions Control Area.  The
provisions of this Article apply to any person who sells, supplies,
offers for sale, or manufactures for sale portable fuel containers or
spouts.  The provisions of this article apply only to sources and
persons in the Northern Virginia and Fredericksburg VOC Emissions
Control Areas designated in 9 VAC 5-20-206.  The provisions of this
Article do not apply to any portable fuel container or spout
manufactured for shipment, sale, and use outside of the Northern
Virginia and Fredericksburg VOC Emissions Control Areas.  Exemptions
apply to a manufacturer or distributor who sells, supplies, or offers
for sale a portable fuel container or spout that does not comply with
the emission standards specified in 9 VAC 5-40-5720, as long as the
manufacturer or distributor can demonstrate that: (i) the portable fuel
container or spout is intended for shipment and use outside of the
Northern Virginia and Fredericksburg VOC Emissions Control Areas; and
(ii) that the manufacturer or distributor has taken reasonable prudent
precautions to assure that the portable fuel container or spout is not
distributed within the Northern Virginia and Fredericksburg VOC
Emissions Control Areas.  Other exemptions are listed in the regulation.
 The regulation sets standards for volatile organic compounds, as well
as test procedures for compliance.  Affected persons in the
Fredericksburg VOC Emissions Control Area will be required to comply
with the provisions of this Article no later than January 1, 2008.

Chapter 40, Article 48 – Emission Standards for Mobile Equipment
Repair and Refinishing Operations (9 VAC 5-40-6970-7110) is being
amended to apply within the new Fredericksburg VOC Emissions Control
Area in addition to the Northern Virginia VOC Emissions Control Area.
The provisions of this Article apply to each mobile equipment repair and
refinishing operation in the Northern Virginia and Fredericksburg VOC
Emissions Control Area designated in 9 VAC 5-20-206.  Certain provisions
also apply to each person providing or selling affected coatings.  The
provisions of this Article do not apply if the mobile equipment repair
and refinishing operation is subject to Article 28 of Chapter 40,
Emission Standards for Automobile and Light duty Truck Coating
Application Systems, or Article 34 of Chapter 40, Emission Standards for
Miscellaneous Metal Parts and Products Coating Application Systems; if
the person applying the coatings does not receive compensation for the
application of the coatings, and if the mobile equipment repair and
refinishing operations use coatings required to meet military
specifications (MILSPEC) where no other existing coating can be used
that meets the provisions of this Article.  The regulation sets
allowable content of VOCs in Mobile Equipment Repair and Refinishing
Coatings (as applied) in weight of VOC per Volume of Coating (minus
water and non-VOC solvents).  Affected persons and facilities in the
Fredericksburg VOC Emissions Control Area will be required to comply
with the provisions of this article no later than January 1, 2008.

Chapter 40, Article 49 – Emission Standards for Architectural and
Industrial Maintenance Coatings (9 VAC 5-40-7120-7230), is being amended
to apply within the new Fredericksburg VOC Emissions Control Area in
addition to the Northern Virginia VOC Emissions Control Area. Article 49
is also being amended to add standards and definitions for six new
coating categories: calcimine recoaters, conversion varnishes, concrete
surface retarder, impacted immersion coatings; nuclear coatings;
thermoplastic rubber coating and mastic.  These coatings are listed in
the Federal AIM rule (See Appendix A).  The provisions of this Article
do not apply to:  (1) any architectural coating that is sold or
manufactured for use exclusively outside of the Northern Virginia and
Fredericksburg VOC Emissions Control Areas or for shipment to other
manufacturers for reformulation or repackaging; (2) any aerosol coating
product; (3) any architectural coating that is sold in a container with
a volume of one liter (1.057 quart) or less.  The regulation sets
standards for VOC limits found in Table 4-49A, VOC Content Limits for
Architectural Coatings, of the regulation.  Affected persons in the
Fredericksburg VOC Emissions Control Area will be required to comply
with the provisions of this article no later than January 1, 2008.

Chapter 40, Article 50 – Emission Standards for Consumer Products (9
VAC 5-40-7240 -9 VAC 5-40-7360) is being amended to apply within the new
Fredericksburg VOC Emissions Control Area in addition to the Northern
Virginia VOC Emissions Control Area.  The regulation is also being
amended to revise the definition of “Automotive windshield washer
fluid,” to allow the higher VOC automotive windshield washer fluid
standards to also be applied to some manual automotive windshield
washing systems so that they may be used in winter.  The provisions of
this Article apply to those persons who sell, supply, offer for sale, or
manufacture for sale any consumer product that contains VOCs as defined
in 9 VAC 5-10-20.  Exempted from the regulation is any consumer product
manufactured in the applicable VOC emissions control areas designated in
9 VAC 5-40-7240 for shipment and use outside of those areas.  Also
exempted from the provisions of this Article are manufacturers or
distributors who sell, supply, or offer for sale a consumer product that
does not comply with the VOC standards specified in 9 VAC 5-40-7270 as
long as the manufacturer or distributor can demonstrate both that the
consumer product is intended for shipment and use outside of the
applicable VOC Emissions Control Areas designated in 9 VAC 5-40-7240,
and that the manufacturer or distributor has taken reasonable prudent
precautions to assure that the consumer product is not distributed to
those applicable VOC Emissions Control Areas.  The regulation does not
apply to consumer products that are sold, supplied, or offered for sale
by any person to retail outlets in those applicable VOC emissions
control areas.  Other exemptions are listed in the regulation.  This
regulation sets specific VOC content limits in percent VOCs by weight
for consumer products with a compliance date specified in 9 VAC
5-40-7330.  Alternative control plans (ACPs) are also provided by
allowing responsible parties the option to voluntarily enter into
separate ACP agreements for the consumer products mentioned above.  The
test methods used to test coatings must be the most current approved
method at the time testing is performed.  The regulation also contains
notification, records, and reporting requirements.  Affected persons in
the Fredericksburg VOC Emissions Control Area will be required to comply
with the provisions of this article no later than January 1, 2008.

III.  Conclusions and Recommended Agency Action:

These amendments extend the applicability of four consumer and
commercial product regulations into the new Fredericksburg VOC Emissions
Control Area.  These amendments are necessary to implement the VOC
contingency measures as called for in the Fredericksburg Area 8-Hour
Ozone Maintenance Plan.  These regulations will limit ground-level ozone
formation, thereby better protecting the public health and welfare in
those areas.  Therefore, I recommend approval of the above SIP revision.

Appendix A

Chapter 20       	General Provisions

Part I			Administrative

9 VAC 5-20-21	Documents Incorporated by Reference (additional test
methods)

4.  American Society for Testing and Materials

(21) D 3912-95, “Standard Test Method for Chemical Resistance of
Coatings Used in Light-Water Nuclear Power Plant” (reapproved 2001)

(22)  D 4082-02, “Standard Test Method for Effects of Gamma Radiation
on Coatings for Use in Light-Water Nuclear Power Plants.”

Chapter 40		 Existing Stationary Sources

Part II  			 Emission Standards

Article 49 Architectural and Industrial Maintenance coatings (additional
coatings)

9 VAC 5-40-7130, Definitions (modified)

9 VAC 5-40-7140, Standards for volatile organic compounds (modified)

 “Calcimine recoater” means a flat solvent borne coating formulated
and recommended specifically for recoating calcimine-painted ceilings
and other calcimine-painted substrates.

“Concrete surface retarder” means a mixture of retarding ingredients
such as extender pigments, primary pigments, resin, and solvent that
interact chemically with the cement to prevent hardening on the surface
where the retarder is applied, allowing the retarded mix of cement and
sand at the surface to be washed away to create an exposed aggregate
finish.

“Conversion varnish” means a clear acid curing coating with an alkyd
or other resin blended with amino resins and supplied as a single
component or two-component product.  Conversion varnishes produce a
hard, durable, clear finish designed for professional application to
wood flooring.  The film formation is the result of an acid-catalyzed
condensation reaction, affecting a transetherification at the reactive
ethers of the amino resins.

“Impacted immersion coating” means a high performance maintenance
coating formulated and recommended for application to steel structures
subject to immersion in turbulent, debris-laden water.  These coatings
are specifically resistant to high-energy impact damage caused by
floating ice or debris.

“Nuclear coating” means a protective coating formulated and
recommended to seal porous surfaces such as steel (or concrete) that
otherwise would be subject to intrusions by radioactive materials. 
These coatings must be resistant to long-term (service life) cumulative
radiation exposure as determined by ASTM Standard Test Method for
Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear
Power Plants (see 9 VAC 5-20-21), relatively easy to decontaminate, and
resistant to various chemicals to which the coatings are likely to be
exposed as determined by ASTM Standard Test Method for Chemical
Resistance of Coatings Used in Light-Water Nuclear Power Plants (see 9
VAC 5-20-21).

“Thermoplastic rubber coating and mastic” means a coating or mastic
formulated and recommended for application to roofing or mastic
formulated and recommended for application to roofing or other
structural surfaces and that incorporates no less than 40% by weight of
thermoplastic rubbers in the total resin solids and may also contain
other ingredients including, but not limited to, fillers, pigments, and
modifying resins.

Article 50, Consumer Products Rule (definition amended)

“Automotive windshield washer fluid” means any liquid designed for
use in a motor vehicle windshield washer system either as an antifreeze
or for the purpose of cleaning, washing, or wetting the windshield. 
Automotive windshield washer fluid also includes liquids that are (i)
packaged as a pre-wetted, single-use manual wipe and (ii) designed
exclusively for cleaning, washing or wetting automotive glass surfaces
for the purpose of restoring or maintaining visibility for the driver. 
Glass cleaners that are intended for use on other glass surfaces are not
included in this definition.  Automotive windshield washer fluid does
not include fluids placed by the manufacturer in a new vehicle.

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