TITLE 9. ENVIRONMENT
                REGISTRAR'S NOTICE: The  State Air Pollution Control Board is claiming an exemption 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.
         Titles of Regulations: 9VAC5-20. General Provisions (amending 9VAC5-20-21).
    9VAC5-30. Ambient Air Quality Standards (amending 9VAC5-30-15, 9VAC5-30-80).
    Statutory Authority: § 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: June 24, 2009. 
    Agency Contact: Karen G. Sabasteanski, Policy Analyst,  Department of Environmental Quality, 629 East Main Street, P.O. Box 1105,  Richmond, VA 23218, telephone (804) 698-4426, FAX (804) 698-4510, or email  karen.sabasteanski@deq.virginia.gov.
    Summary:
    9VAC5-30 contains the national ambient air quality standards  (NAAQS) for the specific criteria pollutants set out in 40 CFR Part 50.  Incorporation of the NAAQS into the state regulations is necessary to provide a  legally enforceable means by which the state prepares attainment and  maintenance plans, and determines whether a new source will affect the NAAQS.  The standard for lead was revised to add a new standard of 0.15 parts per  million (ppm).
    9VAC5-20-21. Documents incorporated by reference. 
    A. The Administrative Process Act and Virginia Register Act  provide that state regulations may incorporate documents by reference.  Throughout these regulations, documents of the types specified below have been  incorporated by reference.
    1. United States Code.
    2. Code of Virginia.
    3. Code of Federal Regulations.
    4. Federal Register.
    5. Technical and scientific reference documents.
    Additional information on key federal regulations and  nonstatutory documents incorporated by reference and their availability may be  found in subsection E of this section.
    B. Any reference in these regulations to any provision of the  Code of Federal Regulations (CFR) shall be considered as the adoption by  reference of that provision. The specific version of the provision adopted by  reference shall be that contained in the CFR (2008) in effect July 1, 2008. In  making reference to the Code of Federal Regulations, 40 CFR Part 35 means Part  35 of Title 40 of the Code of Federal Regulations; 40 CFR 35.20 means § 35.20  in Part 35 of Title 40 of the Code of Federal Regulations.
    C. Failure to include in this section any document referenced  in the regulations shall not invalidate the applicability of the referenced  document.
    D. Copies of materials incorporated by reference in this  section may be examined by the public at the central office of the Department  of Environmental Quality, Eighth Floor, 629 East Main Street, Richmond,  Virginia, between 8:30 a.m. and 4:30 p.m. of each business day.
    E. Information on federal regulations and nonstatutory  documents incorporated by reference and their availability may be found below  in this subsection.
    1. Code of Federal Regulations.
    a. The provisions specified below from the Code of Federal  Regulations (CFR) are incorporated herein by reference.
    (1) 40 CFR Part 50-National Primary and Secondary Ambient Air  Quality Standards.
    (a) Appendix A -- Reference Method for the Determination of  Sulfur Dioxide in the Atmosphere (Pararosaniline Method).
    (b) Appendix B -- Reference Method for the Determination of  Suspended Particulate Matter in the Atmosphere (High-Volume Method).
    (c) Appendix C -- Measurement Principle and Calibration  Procedure for the Continuous Measurement of Carbon Monoxide in the Atmosphere  (Non-Dispersive Infrared Photometry).
    (d) Appendix D -- Measurement Principle and Calibration  Procedure for the Measurement of Ozone in the Atmosphere.
    (e) Appendix E -- Reserved.
    (f) Appendix F -- Measurement Principle and  Calibration Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere  (Gas Phase Chemiluminescence).
    (g) Appendix G -- Reference Method for the Determination of  Lead in Suspended Particulate Matter Collected from Ambient Air.
    (h) Appendix H -- Interpretation of the National Ambient Air  Quality Standards for Ozone.
    (i) Appendix I -- Interpretation of the 8-Hour Primary and  Secondary National Ambient Air Quality Standards for Ozone.
    (j) Appendix J -- Reference Method for the Determination of  Particulate Matter as PM10 in the Atmosphere.
    (k) Appendix K -- Interpretation of the National Ambient Air  Quality Standards for Particulate Matter.
    (l) Appendix L - Reference Method for the Determination of  Fine Particulate Matter as PM2.5 in the Atmosphere.
    (m) Appendix M - Reserved.
    (n) Appendix N - Interpretation of the National Ambient Air  Quality Standards for PM2.5.
    (o) Appendix O - Reference Method for the Determination of  Coarse Particulate Matter as PM in the Atmosphere.
    (p) Appendix P - Interpretation of the Primary and Secondary  National Ambient Air Quality Standards for Ozone.
    (q) Appendix Q - Reference Method for the Determination of  Lead in Suspended Particulate Matter as PM10 Collected from Ambient  Air.
    (r) Appendix R - Interpretation of the National Ambient Air  Quality Standards for Lead.
    (2) 40 CFR Part 51 -- Requirements for Preparation, Adoption,  and Submittal of Implementation Plans.
    Appendix M -- Recommended Test Methods for State  Implementation Plans.
    (a) Appendix S -- Emission Offset Interpretive Ruling.
    (b) Appendix W -- Guideline on Air Quality Models (Revised).
    (c) Appendix Y - Guidelines for BART Determinations Under the  Regional Haze Rule.
    (3) 40 CFR Part 58 -- Ambient Air Quality Surveillance.
    Appendix A - Quality Assurance Requirements for SLAMS, SPMs  and PSD Air Monitoring.
    (4) 40 CFR Part 60 -- Standards of Performance for New  Stationary Sources.
    The specific provisions of 40 CFR Part 60 incorporated by  reference are found in Article 5 (9VAC5-50-400 et seq.) of Part II of 9VAC5-50  (New and Modified Sources).
    (5) 40 CFR Part 61 -- National Emission Standards for  Hazardous Air Pollutants.
    The specific provisions of 40 CFR Part 61 incorporated by  reference are found in Article 1 (9VAC5-60-60 et seq.) of Part II of 9VAC5-60  (Hazardous Air Pollutant Sources).
    (6) 40 CFR Part 63 -- National Emission Standards for  Hazardous Air Pollutants for Source Categories.
    The specific provisions of 40 CFR Part 63 incorporated by  reference are found in Article 2 (9VAC5-60-90 et seq.) of Part II of 9VAC5-60  (Hazardous Air Pollutant Sources).
    (7) 40 CFR Part 59, Subpart D-National Volatile Organic  Compound Emission Standards for Architectural Coatings, Appendix A --  "Determination of Volatile Matter Content of Methacrylate Multicomponent  Coatings Used as Traffic Marking Coatings."
    (8) 40 CFR Part 64, Compliance Assurance Monitoring.
    (9) 40 CFR Part 72, Permits Regulation.
    (10) 40 CFR Part 73, Sulfur Dioxide Allowance System.
    (11) 40 CFR Part 74, Sulfur Dioxide Opt-Ins.
    (12) 40 CFR Part 75, Continuous Emission Monitoring.
    (13) 40 CFR Part 76, Acid Rain Nitrogen Oxides Emission  Reduction Program.
    (14) 40 CFR Part 77, Excess Emissions.
    (15) 40 CFR Part 78, Appeal Procedures for Acid Rain Program.
    (16) 40 CFR Part 59 Subpart C, National Volatile Organic  Compound Emission Standards for Consumer Products.
    b. Copies may be obtained from: Superintendent of Documents,  P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954; phone (202) 783-3238.
    2. U.S. Environmental Protection Agency.
    a. The following documents from the U.S. Environmental  Protection Agency are incorporated herein by reference:
    (1) Reich Test, Atmospheric Emissions from Sulfuric Acid  Manufacturing Processes, Public Health Service Publication No. PB82250721,  1980.
    (2) Compilation of Air Pollutant Emission Factors (AP-42).  Volume I: Stationary and Area Sources, stock number 055-000-00500-1, 1995;  Supplement A, stock number 055-000-00551-6, 1996; Supplement B, stock number  055-000-00565, 1997; Supplement C, stock number 055-000-00587-7, 1997;  Supplement D, 1998; Supplement E, 1999.
    b. Copies of the document identified in subdivision E 2 a (1)  of this subdivision, and Volume I and Supplements A through C of the document  identified in subdivision E 2 a (2) of this subdivision, may be obtained from:  U.S. Department of Commerce, National Technical Information Service, 5285 Port  Royal Road, Springfield, Virginia 22161; phone 1-800-553-6847. Copies of  Supplements D and E of the document identified in subdivision E 2 a (2) may be  obtained online from EPA's Technology Transfer Network at http://www.epa.gov/ttn/chief/ap42/index.html  http://www.epa.gov/ttn/index.html.
    3. U.S. government.
    a. The following document from the U.S. government is  incorporated herein by reference: Standard Industrial Classification Manual,  1987 (U.S. Government Printing Office stock number 041-001-00-314-2).
    b. Copies may be obtained from: Superintendent of Documents,  P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954; phone (202) 512-1800.
    4. American Society for Testing and Materials (ASTM).
    a. The documents specified below from the American Society for  Testing and Materials are incorporated herein by reference.
    (1) D323-99a, "Standard Test Method for Vapor Pressure of  Petroleum Products (Reid Method)."
    (2) D97-96a, "Standard Test Method for Pour Point of  Petroleum Products."
    (3) D129-00, "Standard Test Method for Sulfur in  Petroleum Products (General Bomb Method)."
    (4) D388-99, "Standard Classification of Coals by  Rank."
    (5) D396-98, "Standard Specification for Fuel Oils."
    (6) D975-98b, "Standard Specification for Diesel Fuel  Oils."
    (7) D1072-90(1999), "Standard Test Method for Total  Sulfur in Fuel Gases."
    (8) D1265-97, "Standard Practice for Sampling Liquefied  Petroleum (LP) Gases (Manual Method)."
    (9) D2622-98, "Standard Test Method for Sulfur in  Petroleum Products by Wavelength Dispersive X-Ray Fluorescence  Spectrometry."
    (10) D4057-95(2000), "Standard Practice for Manual  Sampling of Petroleum and Petroleum Products."
    (11) D4294-98, "Standard Test Method for Sulfur in  Petroleum and Petroleum Products by Energy-Dispersive X-Ray Fluorescence  Spectroscopy."
    (12) D523-89, "Standard Test Method for Specular  Gloss" (1999).
    (13) D1613-02, "Standard Test Method for Acidity in  Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer  and Related Products" (2002).
    (14) D1640-95, "Standard Test Methods for Drying, Curing,  or Film Formation of Organic Coatings at Room Temperature" (1999).
    (15) E119-00a, "Standard Test Methods for Fire Tests of  Building Construction Materials" (2000).
    (16) E84-01, "Standard Test Method for Surface Burning  Characteristics of Building Construction Materials" (2001).
    (17) D4214-98, "Standard Test Methods for Evaluating the  Degree of Chalking of Exterior Paint Films" (1998).
    (18) D86-01, "Standard Test Method for Distillation of  Petroleum Products at Atmospheric Pressure" (2001).
    (19) D4359-90, "Standard Test Method for Determining Whether  a Material is a Liquid or a Solid" (reapproved 2000).
    (20) E260-96, "Standard Practice for Packed Column Gas  Chromatography" (reapproved 2001).
    (21) D3912-95, "Standard Test Method for Chemical  Resistance of Coatings Used in Light-Water Nuclear Power Plants"  (reapproved 2001).
    (22) D4082-02, "Standard Test Method for Effects of Gamma  Radiation on Coatings for Use in Light-Water Nuclear Power Plants."
    b. Copies may be obtained from: American Society for Testing  Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959;  phone (610) 832-9585.
    5. American Petroleum Institute (API).
    a. The following document from the American Petroleum  Institute is incorporated herein by reference: Evaporative Loss from Floating  Roof Tanks, API MPMS Chapter 19, April 1, 1997.
    b. Copies may be obtained from: American Petroleum Institute,  1220 L Street, Northwest, Washington, D.C. 20005; phone (202) 682-8000.
    6. American Conference of Governmental Industrial Hygienists  (ACGIH).
    a. The following document from the ACGIH is incorporated  herein by reference: 1991-1992 Threshold Limit Values for Chemical Substances  and Physical Agents and Biological Exposure Indices (ACGIH Handbook).
    b. Copies may be obtained from: ACGIH, 1330 Kemper Meadow  Drive, Suite 600, Cincinnati, Ohio 45240; phone (513) 742-2020.
    7. National Fire Prevention Association (NFPA).
    a. The documents specified below from the National Fire  Prevention Association are incorporated herein by reference.
    (1) NFPA 385, Standard for Tank Vehicles for Flammable and  Combustible Liquids, 2000 Edition.
    (2) NFPA 30, Flammable and Combustible Liquids Code, 2000  Edition.
    (3) NFPA 30A, Code for Motor Fuel Dispensing Facilities and  Repair Garages, 2000 Edition.
    b. Copies may be obtained from the National Fire Prevention  Association, One Batterymarch Park, P.O. Box 9101, Quincy, Massachusetts  02269-9101; phone (617) 770-3000.
    8. American Society of Mechanical Engineers (ASME).
    a. The documents specified below from the American Society of  Mechanical Engineers are incorporated herein by reference.
    (1) ASME Power Test Codes: Test Code for Steam Generating  Units, Power Test Code 4.1-1964 (R1991).
    (2) ASME Interim Supplement 19.5 on Instruments and Apparatus:  Application, Part II of Fluid Meters, 6th edition (1971).
    (3) Standard for the Qualification and Certification of  Resource Recovery Facility Operators, ASME QRO-1-1994.
    b. Copies may be obtained from the American Society of  Mechanical Engineers, Three Park Avenue, New York, New York 10016; phone (800)  843-2763.
    9. American Hospital Association (AHA).
    a. The following document from the American Hospital  Association is incorporated herein by reference: An Ounce of Prevention: Waste  Reduction Strategies for Health Care Facilities, AHA Catalog no. W5-057007,  1993.
    b. Copies may be obtained from: American Hospital Association,  One North Franklin, Chicago, IL 60606; phone (800) 242-2626.
    10. Bay Area Air Quality Management District (BAAQMD).
    a. The following documents from the Bay Area Air Quality  Management District are incorporated herein by reference:
    (1) Method 41, "Determination of Volatile Organic  Compounds in Solvent-Based Coatings and Related Materials Containing  Parachlorobenzotrifluoride" (December 20, 1995).
    (2) Method 43, "Determination of Volatile Methylsiloxanes  in Solvent-Based Coatings, Inks, and Related Materials" (November 6,  1996).
    b. Copies may be obtained from: Bay Area Air Quality  Management District, 939 Ellis Street, San Francisco, CA 94109, phone (415)  771-6000.
    11. South Coast Air Quality Management District (SCAQMD).
    a. The following documents from the South Coast Air Quality  Management District are incorporated herein by reference:
    (1) Method 303-91, "Determination of Exempt  Compounds," in Manual SSMLLABM, "Laboratory Methods of Analysis for  Enforcement Samples" (1996).
    (2) Method 318-95, "Determination of Weight Percent  Elemental Metal in Coatings by X-Ray Diffraction," in Manual SSMLLABM,  "Laboratory Methods of Analysis for Enforcement Samples" (1996).
    (3) Rule 1174 Ignition Method Compliance Certification  Protocol (February 28, 1991).
    b. Copies may be obtained from: South Coast Air Quality  Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, phone (909)  396-2000.
    12. California Air Resources Board (CARB).
    a. The following documents from the California Air Resources  Board are incorporated herein by reference:
    (1) Test Method 510, "Automatic Shut-Off Test Procedure  for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).
    (2) Test Method 511, "Automatic Closure Test Procedure  for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).
    (3) Test Method 512, "Determination of Fuel Flow Rate for  Spill-Proof Systems and Spill-Proof Spouts" (July 6, 2000).
    (4) Test Method 513, "Determination of Permeation Rate  for Spill-Proof Systems" (July 6, 2000).
    (5) Test Method 310 (including Appendices A and B),  "Determination of Volatile Organic Compounds (VOC) in Consumer Products  and Reactive Organic Compounds in Aerosol Coating Products" (July 18,  2001).
    (6) California Code of Regulations, Title 17, Division 3,  Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).
    (7) California Code of Regulations, Title 17, Division 3,  Chapter 1, Subchapter 8.5, Article 2, §§ 94509 and 94511 (2003).
    (8) California Code of Regulations, Title 17, Division 3, Chapter  1, Subchapter 8.5, Article 4, §§ 94540-94555 (2003).
    b. Copies may be obtained from: California Air Resources  Board, P.O. Box 2815, Sacramento, CA 95812, phone (906) 322-3260 or (906)  322-2990.
    13. American Architectural Manufacturers Association.
    a. The following documents from the American Architectural  Manufacturers Association are incorporated herein by reference:
    (1) Voluntary Specification 2604-02, "Performance  Requirements and Test Procedures for High Performance Organic Coatings on  Aluminum Extrusions and Panels" (2002).
    (2) Voluntary Specification 2605-02, "Performance  Requirements and Test Procedures for Superior Performing Organic Coatings on  Aluminum Extrusions and Panels" (2002).
    b. Copies may be obtained from: American Architectural Manufacturers  Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL 60173, phone  (847) 303-5664.
    14. American Furniture Manufacturers Association.
    a. The following document from the American Furniture  Manufacturers Association is incorporated herein by reference: Joint Industry  Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric  Standards and Guidelines (January 2001).
    b. Copies may be obtained from: American Furniture  Manufacturers Association, P.O. Box HP-7, High Point, NC 27261; phone (336)  884-5000. 
    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 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 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.
    9VAC5-30-80. Lead.
    A. The primary and secondary ambient air quality standard for  lead and its compounds is 1.5 micrograms per cubic meter, maximum  arithmetic mean averaged over a calendar quarter, measured as elemental lead  by a reference method based on Appendix G of 40 CFR Part 50, or by an  equivalent method. 
    B. Lead and its compounds shall be measured as elemental  lead by the reference method based on Appendix G of 40 CFR Part 50, or other  method designated as such, or by an equivalent method. The standards set  forth in subsection A of this section shall remain applicable to all areas  notwithstanding the ambient air quality standard in subsection C of this  section. The lead standard set forth in subsection A of this section shall no  longer apply to an area one year after the effective date of the designation of  that area, pursuant to § 107 of the federal Clean Air Act, for the lead ambient  air quality standard set forth in subsection C of this section.
    C. The primary and secondary ambient air quality standard  for lead and its compounds is 0.15 micrograms per cubic meter, maximum  arithmetic mean averaged over a three-month period, measured as lead either by  (i) a reference method based on Appendix G of 40 CFR Part 50 and designated in  accordance with 40 CFR Part 53; or (ii) an equivalent method designated in  accordance with 40 CFR Part 53. The primary and secondary ambient air quality  standards for lead are met when the maximum arithmetic three-month mean  concentration for a three-year period, as determined in accordance with  Appendix R of 40 CFR Part 50, is less than or equal to 0.15 micrograms per  cubic meter.
    
        VA.R. Doc. No. R09-1759; Filed May 4, 2009, 1:06 p.m.