Vol. 25 Iss. 2 - September 29, 2008



Initial Agency Notice

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

9VAC5-50. New and Modified Stationary Sources.

Statutory Authority: ยงยง 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's Plan for Disposition of 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.

Comments may be submitted until October 20, 2008.

Agency Contact: Doris A. McLeod, Department of Environmental Quality, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-4197, or email

VA.R. Doc. No. R09-03; Filed September 10, 2008, 11:46 a.m.