TITLE 9. ENVIRONMENT
REGISTRAR'S NOTICE: The following regulatory action is exempt from Article 2 of 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: 9VAC5-20. General Provisions (amending 9VAC5-20-204).
Statutory Authority: § 10.1-1308 of the Code of Virginia; §§ 110 and 182 of the federal Clean Air Act, 40 CFR Parts 51 and 81.
Effective Date: February 15, 2023.
Agency Contact: Karen G. Sabasteanski, Department of Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105, Richmond, VA 23218, telephone (804) 659-1973, FAX (804) 698-4510, or email karen.sabasteanski@deq.virginia.gov.
Background: On March 26, 2021, the U.S. Environmental Protection Agency (EPA) promulgated air quality designations for the 2010 primary sulfur dioxide (SO2) National Ambient Air Quality Standard (NAAQS). EPA has determined that a portion of Giles County is not meeting the SO2 NAAQS and has designated it as a nonattainment area in 40 CFR 81.347.
Summary:
The amendments update Virginia's list of nonattainment areas to add a portion of Giles County as a new SO2 nonattainment area.
9VAC5-20-204. Nonattainment areas.
A. Nonattainment areas are geographically defined below in this subsection 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)), 40 CFR 51.903(a), and 40 CFR 51.1103(a).
1. Ozone (1-hour).
Northern Virginia Ozone Nonattainment Area (severe).
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Arlington County
Fairfax County
Loudoun County
Prince William County
Stafford County
Alexandria City
Fairfax City
Falls Church City
Manassas City
Manassas Park City
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2. Ozone (8-hour, 0.08 ppm).
Northern Virginia Ozone Nonattainment Area (moderate).
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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).
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Arlington County
Fairfax County
Loudoun County
Prince William County
Alexandria City
Fairfax City
Falls Church City
Manassas City
Manassas Park City
|
4. Ozone (8-hour, 0.070 ppm).
Northern Virginia Ozone Nonattainment Area (marginal).
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Arlington County
Fairfax County
Loudoun County
Prince William County
Alexandria City
Fairfax City
Falls Church City
Manassas City
Manassas Park City
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5. Sulfur dioxide.
Giles County Sulfur Dioxide Nonattainment Area (part).
That part of Giles County bounded by the lines connecting the coordinate points as designated in 40 CFR 81.347.
6. All other pollutants.
None.
B. Subdivision A 1 of this section shall not be effective after June 15, 2005.
VA.R. Doc. No. R23-7352; Filed December 21, 2022