 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street

Philadelphia, Pennsylvania 19103-2029



DATE:                               

	

October 14, 2009



SUBJECT:

	Approval and Promulgation of Air Quality Implementation Plans;
Virginia; Amendments to Existing Regulation Provisions Concerning
Case-by-Case 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 existing regulations in
order to clarify and recodify provisions covering case-by-case
reasonably available control technology (RACT), and to add the 1997
8-hour ozone standard requirements. 

II.	 Background

  SEQ CHAPTER \h \r 1 On September 8, 2008, the Commonwealth of
Virginia submitted a regulation revision for case-by-case RACT
determinations, which consists of amendments to the existing regulations
in order to implement the non-CTG RACT-specific 8-hour ozone
nonattainment area requirements of subpart X of 40 CFR Part 51, and to
restructure and recodify the regulations for clarity.  Along with this
revision, the Commonwealth of Virginia included in their submittal,
certification of public participation activities and compliance with
state administrative procedures, a record of hearing, and summary of
testimony.   

Under the authority of §10.1-1308 of the Code of Virginia and pursuant
to the requirements of section 110 of the Clean Air Act (CAA), the State
Air Pollution Control Board amended regulations to Emission Standards
for General Process Operations, Rule 4-4 (Article 4 of 9 VAC 5 Chapter
40) and Emission Standards for Stationary Sources Subject to
Case-by-Case RACT Determinations, Rule 4-51 (Article 51 of 9 VAC 5
Chapter 40).  In addition to clarifying and recodifying the existing
provisions covering case-by-case RACT determinations, the regulation
amendments creates a new Article 51 in order to separate the
RACT-specific requirements from the general process requirements of
Article 4.  These amendments consist only of changes in style or form.  

The regulation amendments also add the 1997 8-hour ozone standard
requirements set forth by the CAA.  40 CFR Part 51 sets out requirements
for the preparation, adoption, and submittal of SIPs.  Subpart X to 40
CFR Part 51 specifically defines the provisions for implementation of
the 1997 8-hour ozone national ambient air quality standard (NAAQS). 
The rule specifies dates by when states must submit their RACT SIPs, and
when RACT must be implemented.  The rule also requires that
nonattainment areas meet the requirements of 40 CFR 51.900(f), which
includes RACT and major source applicability cut-offs for purposes of
RACT.  

A. What is RACT?

Since the 1970's EPA has consistently interpreted RACT to mean the
lowest emission limit that a particular source is capable of meeting by
the application of the control technology that is reasonably available
considering technological and economic feasibility.  See, e.g., 72 FR
20586 at 20610 (April 25, 2007).  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 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 RACT regulations are currently found in 9 VAC 5 Chapter 40
– Existing Stationary Sources, in Part II – Emission Standards,
Article 4 – General Process Operations (Rule 4-4), in regulations 9
VAC 5-40-300 - Standard for volatile organic compounds, 9 VAC 5-40-310 -
Standard for nitrogen oxides and 9 VAC 5-40-311 - Reasonably available
control technology guidelines for stationary sources of nitrogen oxides,
in the Virginia SIP.  

Regulation 9 VAC 5-40-300 - Standard for volatile organic compounds
prohibits VOC emissions caused from any affected facility in excess of
that resultant from using RACT.  The provisions of this section apply to
all emission units that (i) are within a stationary source in the
Northern Virginia or Richmond Emissions Control Area (see 9 VAC 5-20-206
- Volatile organic compounds and nitrogen oxides emissions control
areas) 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 Richmond
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.  

Regulation 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,
regulation 9 VAC 5-40-310 requires meeting the applicable, presumptive
emissions limit found in 9 VAC 5-40-311 – Reasonably available control
technology guidelines for stationary sources of nitrogen oxides, unless
the owner demonstrates otherwise to the satisfaction of the Virginia Air
Pollution Control Board on a source-specific basis.  

Regulation 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 regulation 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 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.  

III.	Summary of Action

On September 8, 2008, the Commonwealth of Virginia submitted a
regulation revision for case-by-case RACT determinations.  As part of
Virginia’s rulemaking, Virginia made the state regulations consistent
with the federal regulations in order for the Commonwealth to implement
RACT. The purpose of this revision to the SIP is to accomplish the
following changes:

1.  Creates Rule 4-51 (Article 51 of 9 VAC 5 Chapter 40) - Emission
Standards for Stationary Sources Subject to Case-by-Case RACT
Determinations, in order to separate the RACT-specific requirements from
the general process requirements of Article 4 of 9 VAC 5 Chapter 40. 
Article 51 of 9 VAC 5 Chapter 40 consists of the following regulations: 
9 VAC 5-40-7370 - Applicability and designation of affected facility, 9
VAC 5-40-7380 - Definitions, 9 VAC 5-40-7390 - Standard for volatile
organic compounds (1-hour ozone standard), 9 VAC 5-40-7400 - Standard
for volatile organic compounds (8-hour ozone standard), 9 VAC 5-40-7410
- Standard for nitrogen oxides (1-hour ozone standard), 9 VAC 5-40-7420
- Standard for nitrogen oxides (8-hour ozone standard), 9 VAC 5-40-7430
- Presumptive reasonably available control technology guidelines for
stationary sources of nitrogen oxides, 9 VAC 5-40-7440 - Standard for
visible emissions, 9 VAC 5-40-7450 - Standard for fugitive
dust/emissions, 9 VAC 5-40-7480 - Compliance, 9 VAC 5-40-7490 - Test
methods and procedures, 9 VAC 5-40-7500 - Monitoring, 9 VAC 5-40-7510 -
Notification, records and reporting, 9 VAC 5-40-7520 - Registration, 9
VAC 5-40-7530 - Facility and control equipment maintenance or
malfunction, and 9 VAC 5-40-7540 - Permits.

2.  Makes administrative changes to the SIP.  This revision modifies 9
VAC 5-40-250 - Definitions by adding an “s” to “meaning” in 9
VAC 5-40-250A and 9 VAC 5-40-250B. 

3.  Removes the definition of “Reasonably available control
technology” in 9 VAC 5-40-250B of Article 4 of 9 VAC 5 Chapter 40 and
adds it to 9 VAC 5-40-7380 - Definitions in Article 51 of 9 VAC 5
Chapter 40.  This revision also adds the following definitions to
regulation 9 VAC 5-40-7380C:  “Presumptive RACT,” “Theoretical
potential to emit,” and “Tpy.”

4.  Repeals 9 VAC 5-40-300 - Standard for volatile organic compounds, 9
VAC 5-40-310 - Standard for nitrogen oxides, and 9 VAC 5-40-311 -
Reasonably available control technology guidelines for stationary
sources of nitrogen oxides in Article 4 of 9 VAC 5 Chapter 40 and
replaces them with 9 VAC 5-40-7390 - Standard for volatile organic
compounds (1-hour ozone standard), 9 VAC 5-40-7410 - Standard for
nitrogen oxides (1-hour ozone standard), and 9 VAC 5-40-7430 -
Presumptive reasonably available control technology guidelines for
stationary sources of nitrogen oxides, respectively, in Article 51 of 9
VAC 5 Chapter 40.  In addition, the following changes were made to the
regulations:  “Notification and Compliance Dates for Facilities
Located in VOC Emissions Control Areas” in 9 VAC 5-40-300 was modified
from paragraph form to table form (Table 4-51A) in 9 VAC 5-40-7390. 
“Notification and Compliance Dates for Facilities Located in NOx
Emissions Control Areas for Which There is No Presumptive RACT” and
“Notification and Compliance Dates for Facilities Located in NOx
Emissions Control Areas for Which Presumptive RACT is Defined” in 9
VAC 5-40-310 were modified from paragraph form to table form (Table
4-51C and Table 4-51D), respectively, in 9 VAC 5-40-7410.  The
definitions in 9 VAC 5-40-311B.3 - Terms defined, were replaced with 9
VAC 5-40-7380C - Terms defined, in Article 51 of 9 VAC 5 Chapter 40.  

5.  Adds 9 VAC 5-40-7400 - Standard for volatile organic compounds
(8-hour ozone standard), and 9 VAC 5-40-7420 - Standard for nitrogen
oxides (8-hour ozone standard) to Article 51 of 9 VAC 5 Chapter 40. 
This revision adds the 1997 8-hour ozone standard requirements for RACT
and specifies dates by when states must submit their RACT SIPs, and when
RACT must be implemented.   The revision also makes Virginia’s
regulations consistent with the federal regulations in order to
implement RACT.

IV. Evaluation

1.  EPA approves the creation of Rule 4-51 (Article 51 of 9 VAC 5
Chapter 40) - Emission Standards for Stationary Sources Subject to
Case-by-Case RACT Determinations, in order to separate the RACT-specific
requirements from the general process requirements of Article 4 of 9 VAC
5 Chapter 40.  EPA approves this revision to the SIP because the
administrative re-codification simply consists of changes in style or
form, resulting in regulations that are easier to read and understand. 
This revision does not change the substance of the SIP and consequently,
does not 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.

2.  EPA views the modification of 9 VAC 5-40-250 as an administrative
change to the SIP.  EPA approves such modification 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 definition of “Reasonably
available control technology” in 9 VAC 5-40-250B and its’ addition
to 9 VAC 5-40-7380, as well as the addition of the following definitions
to regulation 9 VAC 5-40-7380C:  “Presumptive RACT,” “Theoretical
potential to emit,” and “Tpy.”  EPA believes that these revisions
do not affect the scope of the currently approved Virginia SIP and
consequently, does not 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 views the portions of the submitted SIP revision identified as
revision E04 that would repeal 9 VAC 5-40-300, 9 VAC 5-40-310, and 9 VAC
5-40-311 in Article 4 of 9 VAC 5 Chapter 40 and replace them with 9 VAC
5-40-7390, 9 VAC 5-40-7410, and 9 VAC 5-40-7430, respectively, in
Article 51 of 9 VAC 5 Chapter 40, as administrative re-codifications. 
Additionally, EPA views the replacement of the definitions in 9 VAC
5-40-311B.3 - Terms defined with 9 VAC 5-40-7380C - Terms defined in
Article 51 of 9 VAC 5 Chapter 40 as an administrative change.  EPA
approves such portions of revision E04 because the re-codifications and
administrative change do not change the substance of the SIP and
consequently, does not interfere with timely attainment or progress
towards attainment of a NAAQS, nor interferes with any other provision
of the CAA, 42 U.S.C. 7401 et seq.  

5.  EPA approves the addition of 9 VAC 5-40-7400 - Standard for volatile
organic compounds (8-hour ozone standard), and 9 VAC 5-40-7420 -
Standard for nitrogen oxides (8-hour ozone standard) to Article 51 of 9
VAC 5 Chapter 40 in order to add the 1997 8-hour ozone standard
requirements for RACT and make Virginia’s regulations consistent with
the federal regulations in order to implement RACT.  EPA’s approval of
Virginia’s 8-hour ozone RACT SIP revision for the Virginia portion
(Cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas
Park; Counties of Arlington, Fairfax, Loudoun, and Prince William) of
the Washington-DC-MD-VA area (74 FR 28444, June 16, 2009) and Stafford
County (73 FR 78192, December 22, 2008) allows for the addition of 9 VAC
5-40-7400 and 9 VAC 5-40-7420 into Virginia’s regulations. However,
regulation 9 VAC 5-40-7420F and G incorrectly cross-references the
Commonwealth’s VOC regulations at 9 VAC 5-40-7390, instead of its NOx
regulation at 9 VAC 5-40-7410.  The Commonwealth is in the process of
correcting the cross-references in this regulation and will submit the
correction to EPA.  EPA does not intend to finalize this action until
after the Commonwealth formally submits the corrected versions of 9 VAC
5-40-7420 F and G to EPA as part of this SIP revision.  EPA does not
intend to reopen the comment period before taking final action on this
SIP revision.  

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.

 Northern Virginia Emissions Control Area consist of Cities of
Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park; Counties
of Arlington, Fairfax, Loudoun, and Prince William Arlington, Fairfax,
Loudoun, and Prince William.  Richmond Emissions Control Area consist of
Cities of Colonial Heights, Hopewell, Petersburg, and Richmond; Counties
of Charles City, Chesterfield, Hanover, Henrico, and Prince George.

 Western Virginia Emissions Control Area consist of Cities of Roanoke,
Salem, and Winchester; Counties of Botetourt, Frederick, and Roanoke.

 PAGE   

 PAGE   1 

 PAGE   6 

