Vol. 28 Iss. 17 - April 23, 2012

Chapter 221
Final Regulation

REGISTRAR'S NOTICE: The State Air Pollution Control Board is claiming exemptions from §§ 2.2-4007 through 2.2-4007.06, 2.2-4013, 2.2-4014, and 2.2-4015 of the Administrative Process Act. Sections 2.2-4007.07, 2.2-4013 E, 2.2-4014 D, and 2.2-4015 C of the Administrative Process Act provide that these sections shall not apply to the issuance by the State Air Pollution Control Board of variances to its regulations.

Title of Regulation: 9VAC5-221. Variance for Rocket Motor Test Operations at Atlantic Research Corporation Gainesville Facility (Rev. L11) (repealing 9VAC5-221-10 through 9VAC5-221-60).

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

Effective Date: May 23, 2012.

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, or email

Background: On September 30, 2002, the board issued a variance (9VAC5-221) to the Atlantic Research Corporation (ARC) rocket test facility. Due to the nature of the testing operations, ARC had no appropriate method by which it could demonstrate compliance with the board's opacity standards. The board, therefore, granted a variance for the testing facility that enabled ARC to demonstrate compliance through meeting a particulate matter standard as an alternative to the opacity standard. Because the facility was shut down in March 2007, the variance is no longer required. In order for the state regulations to be administratively correct, 9VAC5-221 must now be repealed.


The action repeals the variance issued to the Atlantic Research Corporation rocket test facility. The variance is no longer required because the facility was shut down in March 2007.

VA.R. Doc. No. R12-3020; Filed March 27, 2012, 10:27 a.m.