 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103-2029



DATE:                               

	

January 31, 2008



SUBJECT:

	Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendments to Existing Regulation Provisions Concerning
Reasonably Available Control Technology

Technical Support Document	 	 

FROM:

	Gregory Becoat, Environmental Scientist  /s/

Air Quality Planning Branch (3AP21)

TO:

REVIEWED BY:	SIP Docket File

  /s/                                     

Cristina Fernandez, Branch Chief

Air Quality Planning Branch (3AP21)



I.	Affected Regulation

This revision to the Commonwealth of Virginia Sate Implementation Plan
(SIP) applies to amendments to the Commonwealth regulation governing
nitrogen oxides (NOx) reasonable available control technology (RACT) in
order to perform administrative wording changes, make the Commonwealth
regulation consistent with the SIP, delete surplus definitions, and
renumber a particular section.  

II.	 Background

  SEQ CHAPTER \h \r 1 On September 28, 2006, the Commonwealth of
Virginia submitted a regulation revision A99, which consisted of
amendments to the regulation governing NOx RACT determinations in order
to delete provisions addressing seasonal applicability, certain
exemptions, and the emission allocation system. These amendments are
necessary to make the state version of the rule consistent with the
federally approved version, and to make a number of technical
corrections.  Along with regulation revision A99, the Commonwealth of
Virginia included in their submittal, proposed regulations, final
regulations, certification of public participation activities and
compliance with state administrative procedures, a record of hearing,
and summary of testimony.   

In accordance with § 10.1-1308 of the Code of Virginia and the
requirements of Section 110 of the federal Clean Air Act the State Air
Pollution Control Board amend regulations to 9 VAC 5 Chapter 40,
revision A99, concerning nitrogen oxide emissions from stationary
sources.  The regulation amendments affect both Rule 4-4 and Rule 4-8. 
Rule 4-4 provides a legal mechanism whereby the Board is required to
make source specific RACT determinations for all currently known major
sources subject to source specific NOx RACT requirements under the
federal Clean Air Act.   Rule 4-8 establishes emission limits along with
compliance testing, monitoring, recordkeeping, and reporting
requirements for fuel burning equipment.  The amendments establish an
emissions rate limit for nitrogen oxides for electric generating units
and non-electric generating units and create a compliance averaging plan
to provide flexibility for the sources subject to the regulation.  The
geographic coverage consists of the following localities:  Arlington
County, Fairfax County, Fauquier County, Loudoun County, Prince William
County, Stafford County, the City of Alexandria, the City of Fairfax,
the City of Falls Church, the City of Manassas, and the City of Manassas
Park.

A. What is RACT?

EPA has defined RACT as the lowest emission rate that a particular
source is capable of meeting by the application of control technology
that is reasonably available considering technological and economic
feasibility (44 FR 53762; September 17, 1979).  Decisions on RACT may be
made on a case-by-case basis, considering the technological and economic
circumstances of individual source (57 FR 55624, November 25, 1992). 
EPA has issued numerous control technique guidelines (CTG) documents, in
order to control emissions from stationary sources of volatile organic
compound (VOC) emissions.  Each CTG addresses the presumptive level for
RACT for a specific source category.  Under the Clean Air Act (CAA),
section 182 (b) (2), as amended in 1990, the SIP for ozone nonattainment
areas, classified as moderate or higher, requires states to adopt RACT
rules for all major stationary sources of VOC emissions, which are not
covered by a CTG document; this latter requirement is called “non-CTG
VOC RACT.”  In the absence of a waiver granted by EPA, the CAA,
section 182 (f) also requires the SIP for the same ozone nonattainment
areas to contain regulations for the implementation of RACT by all major
stationary sources for nitrogen oxide (NOx) emissions; this requirement
for sources of NOx emissions is called NOx RACT.

B.  Virginia’s RACT rules

Virginia’s NOx RACT regulations are found in Section 9 VAC 5-40-310,
“Standard for nitrogen oxides” of Article 4 “Emission Standards
for General Process Operations (Rule 4-4)” (hereafter, “Article
4”) to Part II. “Emission Standards” of 9 VAC 5 Chapter 40.
“Existing Stationary Sources,” (hereafter, “9 VAC 5-40”) in the
Virginia SIP.  

Section 9 VAC 5-40-310, “Standard for nitrogen oxides” prohibits NOx
emissions caused from any affected facility in excess of that resultant
from using RACT.  The provisions of this section apply to all emissions
units that (i) are within a stationary source in the Northern Virginia
or Western Virginia Emissions Control Area (see 9 VAC 5-20-206) and (ii)
are within a stationary source that has a theoretical potential to emit
25 tons per year or greater in the Northern Virginia Emissions Control
Area, or 100 tons per year or greater in the Western Virginia Emissions
Control Area.  Theoretical potential to emit shall be based on emissions
at design capacity or maximum production and maximum operating hours
(8,760 hours/year) before add-on controls, unless the emissions unit is
subject to state and federally enforceable permit conditions which limit
production rates or hours of operation.  For certain source types,
section 9 VAC 5-40-310 requires meeting the applicable, presumptive
emissions limit found in 9 VAC 5-40-311, unless the owner demonstrates
otherwise to the satisfaction of the Virginia Air Pollution Control
Board on a source-specific basis.  

Section 9 VAC 5-40-311, “Reasonably available control technology
guidelines for stationary sources of nitrogen oxides,” unless
otherwise approved by the Virginia Air Pollution Control Board, defines
NOx RACT for certain source categories in terms of maximum allowable
emission rates for the purposes of compliance with 9 VAC 5-40-310.  The
covered source categories are steam generating units, process heaters,
and gas turbines.  

The Northern Virginia and Western Virginia Emissions Control Areas are
defined in section 9 VAC 5-20-206 of the Virginia SIP.   Virginia
voluntarily elected to expand its NOx RACT regulation to the Western
Virginia Emissions Control Area as part of its SIP to adopt and
implement measures to reduce ozone precursor pollutants.  See 70 FR
21625, April 27, 2005.   (The Richmond 1-hour ozone maintenance area,
that is, the Richmond Emissions Control Area, was exempted from the
requirement to implement NOx RACT for purposes of the 1-hour ozone
National Ambient Air Quality Standards (NAAQS) in a final rule granting
Virginia’s petition to exclude this area pursuant to CAA section
182(f).  See EPA's July 21, 1997 (62 FR 38922) final rulemaking to waive
the NOx RACT requirements of section 182(f) of the CAA in the Richmond
area.)  

EPA approved Sections 9 VAC 5-40-310A through 9 VAC 5-40-310E and 9 VAC
5-40-311 into the Virginia SIP on April 28, 1999 (see 64 FR 22792) with
an amendment, which added the Western Virginia Emissions Control Area,
on April 27, 2005 (see 70 FR 21625).  

When EPA incorporated 9 VAC 5-40-311 into the Virginia SIP, our
incorporation of section 9 VAC 5-40-311 included only subsections A, B,
C.1, C.2, C.3.b, and C.3.d-g.  That is, EPA’s approval and
incorporation by reference did not extend to 9 VAC 5-40-311C.3.a,
-311C.3.c, and -311D.  See 40 CFR 52.2420(c), 40 CFR
52.2465(c)(132)(i)(B) and 64 FR 22879 at 22792, April 28, 1999.  

III.	Summary of Action

On September 28, 2006, the Commonwealth of Virginia submitted a revision
to its SIP designated as revision A99.  As part of Virginia’s
rulemaking for revision A99, Virginia made the state version of the NOx
RACT rule consistent with the version approved into the Virginia SIP on
April 28, 1999 (64 FR 22792).  The purpose of this revision to the SIP
is to accomplish the following changes:

1.  Revision A99 deletes the following provisions, which were never
approved in the Virginia SIP:  9 VAC 5-40-310G, 9 VAC 5-40-311C.3.a, 9
VAC 5-40-311C.3.c, and 9 VAC 5-40-311D.   9 VAC 5-40-310G deletes
“requirements for the control of nitrogen oxides under this section
shall apply only from May 1 through September 30.”  9 VAC
5-40-311C.3.a deletes “any steam generating unit, process heater, or
gas turbine with a rated capacity of less than 100,000,000 Btu per
hour.” 9 VAC 5-40-311.3.c deletes “any combustion unit with a rated
capacity of less than 50,000,000 Btu per hour.”  9 VAC 5-40-311D
deletes “Emission allocation system” in its entirety. See Final
Regulations.

2.  Revision A99 made administrative changes to the SIP.  This revision
amends 9 VAC 5-40-240, 9 VAC 5-40-250, and 9 VAC 5-40-311B. 9 VAC
5-40-240C.4 deletes “equipment unit” from the provision. 9 VAC
5-40-250A deletes “these” and replaces it with “the Regulations
for the Control and Abatement of Air Pollution.”  9 VAC 5-40-250C.a
deletes “thereof” and replaces it with “of it.”  9 VAC
5-40-250C.b the definition “Total capacity” deletes “or” and
replaces it with “of.”  9 VAC 5-50-311B.1 deletes “these
regulations” and replaces it with “this section,” and deletes
“of” and replaces it with “or.”

3.  Revision A99 removes the definitions of “Combustion unit,”
“Fuel burning equipment installation,” and “Total capacity” in 9
VAC 5-40-311B.3.  Section 9 VAC 5-40-311B.1 established that the
definitions of 9 VAC 5-40-311B.3 applied only to section 9 VAC 5-40-311.
 These three terms were used only in 9 VAC 5-40-311D, which was never in
the approved Virginia SIP.

4.  Renumbering of 9 VAC 5-40-311C.3.b., d., e., f., and g. to 9 VAC
5-40-311C.3.a. through e. respectively

	

IV. Evaluation

1.  EPA believes that no action is necessary to remove 9 VAC 5-40-310G,
9 VAC 5-40-311C.3.a, 9 VAC 5-40-311C.3.c, and 9 VAC 5-40-311D from the
SIP because these provisions were never in the approved Virginia SIP. 
See 40 CFR 52.2420(c), 64 FR 22792 (April 28, 1999) and 65 FR 21315
(April 21, 2000).  

2.  EPA views the portions of the submitted SIP revision A99 in 9 VAC
5-40-240, 9 VAC 5-40-250, and 9 VAC 5-40-311B as an administrative
change. EPA approves such portions of revision A99 because the
administrative change does not change the substance of the SIP and
consequently, cannot interfere with timely attainment or progress
towards attainment of a NAAQS, nor interfere with any other provision of
the CAA, 42 U.S.C. 7401 et seq.  

3.  EPA approves the removal of the definitions of three terms, “Total
capacity,” “Fuel burning equipment installation,” and
“Combustion unit,” in 9 VAC 5-40-311B.3.  These three terms were
used only in 9 VAC 5-40-311D that was never part of the SIP and cannot
apply to other provisions in the SIP because section 9 VAC 5-40-311B.1
explicitly provided that the definitions of 9 VAC 5-40-311B.3 applied
only to the provisions of 9 VAC 5-40-311.  Therefore, EPA believes that
the deletion of these three terms does not affect the scope of the
currently approved Virginia SIP and consequently, cannot interfere with
timely attainment or progress towards attainment of a NAAQS, nor
interfere with any other provision of the CAA, 42 U.S.C. 7401 et seq.  

4.  EPA believes the portions of the submitted SIP revision identified
as revision A99 that would renumber 9 VAC 5-40-311C.3.b., d., e., f.,
and g. to 9 VAC 5-40-311C.3.a. through e. as an administrative
re-codification.  EPA approves such portions of revision A99 because the
re-codification does not change the substance of the SIP and
consequently, cannot interfere with timely attainment or progress
towards attainment of a NAAQS, nor interfere with any other provision of
the CAA, 42 U.S.C. 7401 et seq.  

V.  Conclusion

This SIP revision request satisfies all requirements for an acceptable
SIP revision.

VI. Recommended Agency Action

The SIP revision request should be approved. 

 Under the Virginia Administrative Code (VAC) “9 VAC 5” denotes
Title 9 which is the designated title for provisions related to the
environment, and the “5” is an “Agency Number” that denotes
corresponds to the Virginia Department of Environmental Quality (DEQ),
Bureau of Air Pollution Control.

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