9VAC5-20 General Provisions

REGULATIONS

Vol. 29 Iss. 4 - October 22, 2012

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Chapter 20

Final Regulation

REGISTRAR'S NOTICE: The following regulatory action is exempt from the Administrative Process Act in accordance with § 2.2-4006 A 4 c of the Code of Virginia, which excludes regulations that are necessary to meet the requirements of federal law or regulations provided such regulations do not differ materially from those required by federal law or regulation. The Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Titles of Regulations: 9VAC5-20. General Provisions (amending 9VAC5-20-204).

9VAC5-30. Ambient Air Quality Standards (amending 9VAC5-30-55).

Statutory Authority:

9VAC5-20-204: § 10.1-1308 of the Code of Virginia; § 110 and 182 of the Clean Air Act; 40 CFR Part 51.

9VAC5-30-55: § 10.1-1308 of the Code of Virginia; §§ 108, 109 and 302 of the Clean Air Act; 40 CFR Parts 50, 53 and 58.

Effective Date: November 21, 2012.

Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone [phone], FAX [phone], TTY [phone], or email [e-mail].

Summary:

The Northern Virginia ozone nonattainment area was originally classified as moderate for the 1997 8-hour (0.08 parts per million) ozone standard. The 8-hour ozone standard was revised to 0.075 parts per million in 2008, and on May 21, 2012, the U.S. Environmental Protection Agency (EPA) accordingly established air quality designations for this standard (77 FR 30088). As part of this designation process, Northern Virginia has been classified as marginal for the 2008 standard. In addition, on May 21, 2012, EPA provided for the revocation of the 1997 standard for transportation conformity purposes (77 FR 30160). The list of nonattainment areas in 9VAC5-20-204 and the 1997 standards for ozone specified in 9VAC5-30-55 are amended to reflect these new federal requirements.

9VAC5-20-204. Nonattainment areas.

A. Nonattainment areas are geographically defined below by locality for the criteria pollutants indicated. Following the name of each ozone nonattainment area, in parentheses, is the classification assigned pursuant to § 181(a) of the federal Clean Air Act (42 USC § 7511(a)) and, 40 CFR 51.903(a), and 40 CFR 51.1103(a).

1. Ozone (1-hour).

Northern Virginia Ozone Nonattainment Area (severe).

Arlington County Fairfax County Loudoun County Prince William County Stafford County Alexandria City Fairfax City Falls Church City Manassas City Manassas Park City

2. Ozone (8-hour) (8-hour, 0.08 ppm).

Northern Virginia Ozone Nonattainment Area (moderate).

Arlington County Fairfax County Loudoun County Prince William County Alexandria City Fairfax City Falls Church City Manassas City Manassas Park City

3. Ozone (8-hour, 0.075 ppm)

Northern Virginia Ozone Nonattainment Area (marginal).

Arlington County Fairfax County Loudoun County Prince William County Alexandria City Fairfax City Falls Church City Manassas City Manassas Park City

3. 4. PM_2.5 (particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers).

Northern Virginia PM_2.5 Nonattainment Area.

Arlington County Fairfax County Loudoun County Prince William County Alexandria City Fairfax City Falls Church City Manassas City Manassas Park City

4. 5. All other pollutants.

None.

B. Subdivision A 1 of this section shall not be effective after June 15, 2005.

9VAC5-30-55. Ozone (8-hour, 0.08 ppm).

A. The primary and secondary ambient air quality standard is 0.08 parts per million, daily maximum 8-hour average.

B. Ozone shall be measured by the reference method described in Appendix D of 40 CFR Part 50, or other method designated as such, or by an equivalent method.

C. The 8-hour primary and secondary ozone ambient air quality standards are met at an ambient air quality monitoring site when the average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.08 ppm, as determined in accordance with Appendix I of 40 CFR Part 50.

D. The standard set forth in subsection A of this section shall no longer apply to an area for transportation conformity purposes after July 20, 2013. The standard set forth in subsection A of this section shall continue to remain applicable to all areas for all other purposes notwithstanding the standard set forth in 9VAC5-30-56 A or the designation of areas for the standard set forth in 9VAC5-30-56 A 3. Area designations and classifications with respect to the standard set forth in subsection A of this section are set forth in 9VAC5-20-204 A 2.

VA.R. Doc. No. R13-3232; Filed September 19, 2012, 3:10 p.m.