REGULATIONS
Vol. 29 Iss. 17 - April 22, 2013

TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Chapter 30
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 State Air Pollution Control Board will receive, consider, and respond to petitions by any interested person at any time with respect to reconsideration or revision.

Title of Regulation: 9VAC5-30. Ambient Air Quality Standards (Rev. B13) (amending 9VAC5-30-15; adding 9VAC5-30-67).

Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 108, 109, and 302 of the federal Clean Air Act; 40 CFR Parts 50, 53, and 58.

Effective Date: May 22, 2013.

Agency Contact: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4510, TTY (804) 698-4021, or email mary.major@deq.virginia.gov.

Summary:

This regulatory action revises the National Ambient Air Quality Standard (NAAQS) for PM2.5 (particles in the ambient air with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers). Under this revision, the annual arithmetic mean concentration has been set at 12 µg/m3, and the standard for the 24-hour concentration is being retained at 35 µg/m3. By containing the specific criteria pollutant standards set out in 40 CFR Part 50, this chapter effectively implements the current Environmental Protection Agency requirements.

9VAC5-30-15. Reference conditions.

All measurements of air quality that are expressed as mass per unit volume (e.g., micrograms per cubic meter) other than for the particulate matter (PM2.5) standards contained in 9VAC5-30-65 and, 9VAC5-30-66, and 9VAC5-30-67, and lead standards contained in 9VAC5-30-80 shall be corrected to a reference temperature of 25°C and a reference pressure of 760 millimeters of mercury (1,013.2 millibars). Measurements of PM2.5 for purposes of comparison to the standards contained in 9VAC5-30-65 and, 9VAC5-30-66, and 9VAC5-30-67 and of lead for purposes of comparison to the standards contained in 9VAC5-30-80 shall be reported based on actual ambient air volume measured at the actual ambient temperature and pressure at the monitoring site during the measurement period.

9VAC5-30-67. Particulate matter (PM2.5).

A. The primary ambient air quality standards for particulate matter are:

1. 12.0 micrograms per cubic meter, annual arithmetic mean concentration.

2. 35 micrograms per cubic meter, 24-hour average concentration.

B. The secondary ambient air quality standards for particulate matter are:

1. 15.0 micrograms per cubic meter annual arithmetic mean concentration.

2. 35 micrograms per cubic meter 24-hour average concentration.

C. Particulate matter shall be measured in the ambient air as PM2.5 (particles with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers) by the reference method based on Appendix L of 40 CFR Part 50, or other method designated as such, or by equivalent method.

D. The annual primary PM2.5 standard is met when the annual arithmetic mean concentration, as determined in accordance with Appendix N of 40 CFR Part 50, is less than or equal to 12.0 micrograms per cubic meter.

E. The annual secondary PM2.5 standard is met when the annual arithmetic mean concentration, as determined in accordance with Appendix N of 40 CFR Part 50, is less than or equal to 15.0 micrograms per cubic meter.

F. The 24-hour primary and secondary PM2.5 standards are met when the 98th percentile 24-hour concentration, as determined in accordance with Appendix N of 40 CFR Part 50, is less than or equal to 35 micrograms per cubic meter.

G. The PM2.5 standards set forth in this section were established by EPA on January 15, 2013 (78 FR 3086), and became effective in the Commonwealth on March 13, 2013, by adoption by the board. The PM2.5 standards set forth in this section shall apply for purposes of the following:

1. Control strategy implementation plan revisions, maintenance plans, and associated emissions budgets relative to the PM2.5 standards in this section.

2. Designation of nonattainment areas and maintenance areas relative to the PM2.5 standards in this section.

3. Implementation of the new source review programs set forth in Part II (9VAC5-80-50 et seq.) of 9VAC5-80 (Permits for Stationary Sources).

Nothing in this section shall prevent the redesignation of any nonattainment area to attainment at any time.

VA.R. Doc. No. R13-3550; Filed March 20, 2013, 2:42 p.m.