4 Petitions for Rulemaking

PETITIONS FOR RULEMAKING

Vol. 26 Iss. 8 - December 21, 2009

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Initial Agency Notice

Titles of Regulations: 9VAC5-40. Existing Stationary Sources.

9VAC5-50. New and Modified Stationary Sources.

Statutory Authority: §§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Name of Petitioner: Southern Appalachia Mountain Stewards and the Sierra Club.

Nature of Petitioner's Request: The Southern Appalachia Mountain Stewards and the Sierra Club have petitioned the State Air Pollution Control Board to amend the fugitive dust emissions standards for existing and new and modified stationary sources. The petitioners have requested that additional language be added to the fugitive dust standards to clarify what is meant by "reasonable precautions" and that the fugitive dust standard provide additional examples of reasonable precautions specific to the type of activities that contributed to the documented dust problem in Roda. Further, the petitioners state that the proposed amendments would strengthen and clarify the fugitive dust standard without imposing significant burdens on regulators or on the facilities subject to the regulations.

The specific requested amendments are identical for both Chapter 40 and Chapter 50. The full text follows and are the addition of the 2nd sentence in the first paragraph and the addition of numbered items 6, 7 and 8:

No owner or other person shall cause or permit any materials or property to be handled, transported, stored, used, constructed, altered, repaired, or demolished without taking reasonable precautions to prevent particulate matter from becoming airborne. In determining what is reasonable, consideration will be given to factors such as the proximity of dust emitting operations to human habitations and/or activities, and to atmospheric conditions which might affect the movement of particulate matter. Such reasonable precautions may include, but are not limited to, the following:

1. Use, where possible, of water or chemicals for control of dust in the demolition of existing buildings or structures, construction operations, the grading of roads or the clearing of land;

2. Application of asphalt, water, or suitable chemicals on dirt roads, materials stockpiles and other surfaces which may create airborne dust; the paving of roadways and the maintaining of them in a clean condition;

3. Installation and use of hoods, fans and fabric filters to enclose and vent the handling of dusty materials. Adequate containment methods shall be employed during sandblasting or other similar operations;

4. Open equipment for conveying or transporting materials likely to create objectionable air pollution when airborne shall be covered, or treated in an equally effective manner at all times when in motion;

5. The prompt removal of spilled or tracked dirt or other materials from paved streets and of dried sediments resulting from soil erosion;

6. The use of water to wash the wheels, undercarriage, and other parts of every vehicle that hauls coal or other materials before or immediately after the vehicle leaves a dusty, dirty, or muddy surface, including but not limited to haul roads at a mining or processing facility;

7. Cleaning the empty bed and/or any other part of a vehicle that had recent contact with material capable of emitting dust; and

8. Installation and use of rumble strips, speed bumps, or other devices designed to reduce vehicle speed and to dislodge mud and other materials from tires and vehicle bodies before vehicles enter public roads.

Agency's Plan for Disposition of the Request: Receive comments on the petition for 21 days and present petition and comments to State Air Pollution Control Board for a decision on whether or not to initiate a rulemaking.

Public comments may be submitted until January 11, 2010.

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

VA.R. Doc. No. R10-27; Filed November 30, 2009, 1:39 p.m.

Agency Decision

Titles of Regulations: 9VAC5-40. Existing Stationary Sources.

9VAC5-50. New and Modified Stationary Sources.

Statutory Authority: §§ 10.1-1307 and 10.1-1308 of the Code of Virginia.

Name of Petitioner: Metropolitan Washington Air Quality Committee (MWAQC).

Nature of Petitioner's Request: MWAQC is concerned that the opacity standards for new and existing facilities in Virginia are set at a level that is too high to be sufficiently protective of human health. On March 7, 2008, MWAQC adopted a resolution to petition the State Air Pollution Control Board to revise the opacity standard. The District of Columbia and Maryland have much stricter opacity standards (0-10%) for emissions from point sources in the metropolitan Washington, D.C. nonattainment area. In contrast, Virginia's opacity standard at 20% is the least stringent of the three jurisdictions. MWAQC requests that the State Air Pollution Control Board lower the Virginia opacity standard from 20% to 10%, at least in the Northern Virginia region, to be more consistent with those of the District of Columbia and Maryland. MWAQC believes that such action could help to improve air quality in the metropolitan Washington, D.C. area.

Agency Decision: Request denied.

Statement of Reasons for Decision: After a presentation by staff on the results of the public comment period on the petition and staff analysis of those comments and receipt of comments from the petitioner and other interested persons, the board voted to accept staff recommendations to not initiate rulemaking at this time. The recommendation was based on the following: the benefit of new opacity limits were difficult to quantify and impacted entities commented on the significant costs to retrofit, upgrade and/or replace equipment; PM2.5 air quality is good with trends showing improvement and inventory estimates showing large expected reductions in precursor pollutants in coming years; and the limited agency resources for regulation development were better used on other air quality improvement programs.

Agency Contact: Doris A. McLeod, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone [phone], or email [e-mail].

VA.R. Doc. No. R09-03; Filed November 30, 2009, 1:37 p.m.