TITLE 2. AGRICULTURE
BOARD OF AGRICULTURE AND CONSUMER SERVICES
Final Regulation
REGISTRAR'S NOTICE: The
Board of Agriculture and Consumer Services is claiming an exemption from
Article 2 of the Administrative Process Act in accordance with § 2.2-4006
A 4 a of the Code of Virginia, which excludes regulations that are necessary to
conform to changes in Virginia statutory law or the appropriation act where no
agency discretion is involved. The Board of Agriculture and Consumer Services
will receive, consider, and respond to petitions by any interested person at
any time with respect to reconsideration or revision.
Title of Regulation: 2VAC5-405. Regulations for the
Application of Fertilizer to Nonagricultural Lands (amending 2VAC5-405-100).
Statutory Authority: § 3.2-3602.1 of the Code of
Virginia.
Effective Date: November 11, 2020.
Agency Contact: David Gianino, Program Manager, Office
of Plant Industry Services, Department of Agriculture and Consumer Services,
P.O. Box 1163, Richmond, VA 23218, telephone (804) 786-3515, FAX (804)
371-7793, TTY (800) 828-1120, or email david.gianino@vdacs.virginia.gov.
Summary:
Pursuant to Chapter 413 of the 2020 Acts of Assembly, the
amendment updates the total annual number of acres of nonagricultural lands to
which contractor-applicators and licensees must apply lawn fertilizer and lawn
maintenance fertilizers to be required to submit an annual report.
2VAC5-405-100. Recordkeeping requirements and reporting for the
application of fertilizer.
A. Licensees, contractor-applicators, and state agencies,
localities, or other governmental entities subject to this regulation shall
maintain records of each application of fertilizer to nonagricultural land for
at least three years following the application. These records shall be
available for inspection by the commissioner. Each record shall contain the:
1. Name, mailing address, and telephone number of customer, as
well as address of application site if different from customer's mailing
address;
2. Name of the person making or supervising the application;
3. Day, month, and year of application;
4. Weather conditions at the start of the application;
5. Acreage, area, square footage, or plants treated;
6. Analysis of fertilizer applied;
7. Amount of fertilizer used, by weight or volume; and
8. Type of application equipment used.
B. Contractor-applicators and licensees who apply lawn
fertilizer and lawn maintenance fertilizer to more than a total of 100 50
acres of nonagricultural lands annually, and state agencies, localities, or
other governmental entities that apply lawn fertilizer and lawn maintenance fertilizer
to nonagricultural lands under their control, shall submit an annual report on
or before February 1 indicating the total acreage or square footage by zip code
of the land receiving lawn fertilizer and lawn maintenance fertilizer in the
preceding calendar year. The report shall be submitted on a form
prescribed by the commissioner.
VA.R. Doc. No. R21-6415; Filed September 21, 2020, 10:32 a.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF WILDLIFE RESOURCES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Wildlife Resources is claiming an exemption from the Administrative
Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when
promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-20. Definitions and
Miscellaneous: In General (amending 4VAC15-20-50).
Statutory Authority: §§ 29.1-103, 29.1-501, and
29.1-502 of the Code of Virginia.
Public Hearing Information:
October 22, 2020 - 9 a.m. - Department of Wildlife
Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: October 22, 2020.
Agency Contact: Aaron Proctor, Regulations Coordinator,
Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA
23228, telephone (804) 367-8341, or email aaron.proctor@dwr.virginia.gov.
Summary:
The proposed amendment updates the List of Native and
Naturalized Fauna of Virginia to the 2020 version.
4VAC15-20-50. Definitions; "wild animal,"
"native animal," "naturalized animal," "nonnative
(exotic) animal," and "domestic animal."
A. In accordance with § 29.1-100 of the Code of Virginia, the
following terms shall have the meanings ascribed to them by this section when
used in regulations of the board:
"Native animal" means those species and subspecies
of animals naturally occurring in Virginia, as included in the department's 2018
2020 "List of Native and Naturalized Fauna of Virginia," with
copies available in the headquarters and regional offices of the department.
"Naturalized animal" means those species and
subspecies of animals not originally native to Virginia that have established
wild, self-sustaining populations, as included in the department's 2018 2020
"List of Native and Naturalized Fauna of Virginia," with copies
available in the headquarters and regional offices of the department.
"Nonnative (exotic) animal" means those species and
subspecies of animals not naturally occurring in Virginia, excluding domestic
and naturalized species.
The following animals are defined as domestic animals:
Domestic dog (Canis familiaris), including wolf hybrids.
Domestic cat (Felis catus), including hybrids with wild
felines.
Domestic horse (Equus caballus), including hybrids with Equus
asinus.
Domestic ass, burro, and donkey (Equus asinus).
Domestic cattle (Bos taurus and Bos indicus).
Domestic sheep (Ovis aries) including hybrids with wild sheep.
Domestic goat (Capra hircus).
Domestic swine (Sus scrofa), including pot-bellied pig and
excluding any swine that are wild or for which no claim of ownership can be
made.
Llama (Lama glama).
Alpaca (Lama pacos).
Camels (Camelus bactrianus and Camelus dromedarius).
Domesticated races of hamsters (Mesocricetus spp.).
Domesticated races of mink (Mustela vison) where adults are
heavier than 1.15 kilograms or their coat color can be distinguished from wild
mink.
Domesticated races of guinea pigs (Cavia porcellus).
Domesticated races of gerbils (Meriones unguiculatus).
Domesticated races of chinchillas (Chinchilla laniger).
Domesticated races of rats (Rattus norvegicus and Rattus
rattus).
Domesticated races of mice (Mus musculus).
Domesticated breeds of European rabbit (Oryctolagus cuniculus)
recognized by the American Rabbit Breeders Association, Inc. and any lineage
resulting from crossbreeding recognized breeds. A list of recognized rabbit
breeds is available on the department's website.
Domesticated races of chickens (Gallus).
Domesticated races of turkeys (Meleagris gallopavo).
Domesticated races of ducks and geese distinguishable
morphologically from wild birds.
Feral pigeons (Columba domestica and Columba livia) and
domesticated races of pigeons.
Domesticated races of guinea fowl (Numida meleagris).
Domesticated races of peafowl (Pavo cristatus).
"Wild animal" means any member of the animal
kingdom, except domestic animals, including without limitation any native,
naturalized, or nonnative (exotic) mammal, fish, bird, amphibian, reptile,
mollusk, crustacean, arthropod, or other invertebrate, and includes any hybrid
of them, except as otherwise specified in regulations of the board, or part,
product, egg, or offspring of them, or the dead body or parts of them.
B. Exception for red foxes and European rabbits. Domesticated
red foxes (Vulpes vulpes) having coat colors distinguishable from wild red
foxes and wild European rabbits possessed in captivity on July 1, 2017, may be
maintained in captivity until the animal dies, but the animal may not be bred
or sold without a permit from the department. Persons possessing domesticated
red foxes or European rabbits without a permit from the department must declare
such possession in writing to the department by January 1, 2018. This written
declaration must include the number of individual animals in possession and
date acquired, sex, estimated age, coloration, and a photograph of each fox or
European rabbit. This written declaration shall (i) serve as a permit for
possession only, (ii) is not transferable, and (iii) must be renewed every five
years.
DOCUMENTS INCORPORATED BY REFERENCE (4VAC15-20)
List of Native and Naturalized Fauna of Virginia, April
2018, Virginia Department of Game and Inland Fisheries
List
of Native and Naturalized Fauna of Virginia, October 2020, Virginia Department
of Wildlife Resources
Federal Endangered and Threatened Animal Species
as of May 7, 2019
VA.R. Doc. No. R21-5905; Filed September 22, 2020, 3:43 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF WILDLIFE RESOURCES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Wildlife Resources is claiming an exemption from the Administrative
Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating
regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-20. Definitions and
Miscellaneous: In General (amending 4VAC15-20-66).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
October 22, 2020 - 9 a.m. - Department of Wildlife
Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: October 22, 2020.
Agency Contact: Aaron Proctor, Regulations Coordinator,
Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA
23228, telephone (804) 367-8341, or email aaron.proctor@dwr.virginia.gov.
Summary:
The proposed amendments extend the daily or annual fee
provision for use of certain department-owned or department-managed facilities
to include all department-managed lands and boat launch sites. This fee shall
not apply to any person who is a passenger of but not the owner or operator of
a paddlecraft or registered vessel.
4VAC15-20-66. Admittance, parking, or other use fee at certain
department-owned and department-managed facilities.
A. Pursuant to the authority of the board under § 29.1-103
(14) of the Code of Virginia and in accordance with § 29.1-113 of the Code
of Virginia, a daily fee of $3.00 or an annual fee equal to the price of an
annual basic state resident fishing or hunting license is established for
admittance, parking, or other use at department-owned wildlife management
areas or department-managed lands, boat launch sites, and public
fishing lakes. Such fee shall not apply to (i) any person holding a valid
hunting, trapping, or fishing license, or a current certificate of boat
registration issued by the department; (ii) persons 16 years of age or younger;
or (iii) the use of department-owned boat ramps. any person who is a
passenger in but not the owner or operator of a paddlecraft or registered
vessel.
B. Any person violating this section may, in lieu of any
criminal penalty, be assessed a civil penalty of $50 in lieu of any
criminal penalty.
C. The director may waive fees for any person, group, or
organization whenever such action is deemed to be in the department's interest.
Any or all facilities may be closed by the director without notice due to an
emergency or natural disaster. Full refunds or credits may be issued whenever
the closure prevents any use of the facility during the term of the permit.
Partial refunds of fees may be made in the interest of providing better
customer service.
D. The director may allow deviations from established fees in
the form of discounts or special promotions for the purpose of stimulating
visitation and use of departmental facilities.
VA.R. Doc. No. R21-5914; Filed September 22, 2020, 5:51 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF WILDLIFE RESOURCES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Wildlife Resources is claiming an exemption from the Administrative
Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when
promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-20. Definitions and Miscellaneous:
In General (adding 4VAC15-20-155).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
October 22, 2020 - 9 a.m. - Department of Wildlife
Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: October 22, 2020.
Agency Contact: Aaron Proctor, Regulations Coordinator,
Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA
23228, telephone (804) 367-8341, or email aaron.proctor@dwr.virginia.gov.
Summary:
The proposed regulation authorizes dispersed primitive
camping on Wildlife Management Areas and other department-owned or
department-controlled lands. The regulation additionally establishes and
defines terms and conditions for camping.
4VAC15-20-155. Camping on Wildlife Management Areas and
other department-owned or department-managed lands.
A. Temporary dispersed camping, with no amenities
provided, may only be performed on Wildlife Management Areas (WMAs) and other
department-owned or managed lands when occupants are engaged in authorized
activities and in strict compliance with established terms and conditions,
including those listed in this section. Camping may be prohibited on certain
portions or entire parcels of department-owned or managed lands, including
certain WMAs.
B. Authorization. It shall be unlawful to camp without
written authorization from the department. Written authorization to camp is
required in addition to any and all other licenses, permits or authorizations
that may otherwise be required. Written authorization is obtained by completing
and submitting a Camping Authorization Form. Only an individual 18 years of age
or older who is a member of and accepts responsibility for the camp and camping
group may be issued a camping authorization.
C. Camping periods. Unless otherwise posted or authorized,
it shall be unlawful to camp for more than 14 consecutive nights, or more than
14 nights in a 28-day period on department-owned or controlled lands. At the
end of the authorized camping period, all personal property and any refuse must
be removed.
D. Prohibited locations. Camping is allowed only at
previously cleared and established sites. No vegetation may be cut, damaged, or
removed to establish a camp site. It shall be unlawful to camp within 300 feet
of any department-owned lake, boat ramp or other facility. It shall be unlawful
to camp at other specific locations as posted. This section shall not prohibit
active angling at night along shorelines where permitted.
E. Removal of personal property and refuse. Any person who
establishes or occupies a camp shall be responsible for the complete removal of
all personal property and refuse when the camping authorization has expired.
Any personal property or refuse that remains after the camping authorization
has expired shall be considered litter and punishable pursuant to § 33.2-802 of
the Code of Virginia.
F. It shall be unlawful when camping on department-owned
or managed lands to store or leave unattended any food (including food for pets
and livestock), refuse, bear attractant, or other wildlife attractant unless it
is (i) in a bear-resistant container; (ii) in a trunk of a vehicle or in a
closed, locked, hard-sided motor vehicle with a solid top; (iii) in a closed,
locked, hard-body trailer; or (iv) suspended at least 10 feet clear of the
ground at all points and at least four feet horizontally from the supporting
tree or pole and any other tree or pole. It shall be unlawful to discard, bury,
or abandon any food, refuse, bear attractant, or other wildlife attractant
unless it is disposed of by placing it inside an animal-resistant trash
receptacle provided by the department.
G. Any violation of this section or other posted rules
shall be punishable as a Class III misdemeanor, and the camping permit shall
become null and void. The permittee shall be required to immediately vacate the
property upon summons or notification. A second or subsequent offense may
result in the loss of camping privileges on department-owned or managed
properties.
VA.R. Doc. No. R21-5916; Filed September 22, 2020, 6:03 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF WILDLIFE RESOURCES
Proposed Regulation
REGISTRAR'S NOTICE: The Board of Wildlife Resources is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-30. Definitions and Miscellaneous: Importation, Possession, Sale, etc., of Animals (amending 4VAC15-30-40).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Public Hearing Information:
October 22, 2020 - 9 a.m. - Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: October 22, 2020.
Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dwr.virginia.gov.
Summary:
The proposed amendments clarify the exception for grass carp and add an exception relating to the possession and transport of Alabama bass.
4VAC15-30-40. Importation requirements, possession, and sale of nonnative (exotic) animals.
A. Permit required. A special permit is required and may be issued by the department, if consistent with the department's fish and wildlife management program, to import, possess, or sell those nonnative (exotic) animals listed below and in 4VAC15-20-210 that the board finds and declares to be predatory or undesirable within the meaning and intent of § 29.1-542 of the Code of Virginia, in that their introduction into the Commonwealth will be detrimental to the native fish and wildlife resources of Virginia.
AMPHIBIANS |
Order | Family | Genus/Species | Common Name |
Anura | Bufonidae | Rhinella marina | Cane toad* |
Pipidae | Hymenochirus spp. Pseudohymenochiris merlini | African dwarf frog |
Xenopus spp. | Tongueless or African clawed frog |
Caudata | Ambystomatidae | All species | All mole salamanders |
BIRDS |
Order | Family | Genus/Species | Common Name |
Psittaciformes | Psittacidae | Myiopsitta monachus | Monk parakeet* |
Anseriformes | Anatidae | Cygnus olor | Mute swan |
FISH |
Order | Family | Genus/Species | Common Name |
Cypriniformes | Catostomidae | Catostomus microps | Modoc sucker |
Catostomus santaanae | Santa Ana sucker |
Catostomus warnerensis | Warner sucker |
Ictiobus bubalus | Smallmouth* buffalo |
I. cyprinellus | Bigmouth* buffalo |
I. niger | Black buffalo* |
Characidae | Pygopristis spp. Pygocentrus spp. Rooseveltiella spp. Serrasalmo spp. Serrasalmus spp. Taddyella spp. | Piranhas |
Cobitidae | Misgurnus anguillicaudatus | Oriental weatherfish |
Cyprinidae | Aristichyhys nobilis | Bighead carp* |
Chrosomus saylori | Laurel dace |
Ctenopharyngodon idella | Grass carp or white amur |
Cyprinella caerulea | Blue shiner |
Cyprinella formosa | Beautiful shiner |
Cyprinella lutrensis | Red shiner |
Hypophthalmichthys molitrix | Silver carp* |
Mylopharyngodom piceus | Black carp* |
Notropis albizonatus | Palezone shiner |
Notropis cahabae | Cahaba shiner |
Notropis girardi | Arkansas River shiner |
Notropis mekistocholas | Cape Fear shiner |
Notropis simus pecosensis | Pecos bluntnose shiner |
Notropis topeka (= tristis) | Topeka shiner |
Phoxinus cumberlandensis | Blackside dace |
Rhinichthys osculus lethoporus | Independence Valley speckled dace |
Rhinichthys osculus nevadensis | Ash Meadows speckled dace |
Rhinichthys osculus oligoporus | Clover Valley speckled dace |
Rhinichthys osculus ssp. | Foskett speckled dace |
Rhinichthys osculus thermalis | Kendall Warm Springs dace |
Scardinius erythrophthalmus | Rudd |
Tinca tinca | Tench* |
Cyprinodontiformes | Poeciliidae | Gambusia gaigei | Big Bend gambusia |
Gambusia georgei | San Marcos gambusia |
Gambusia heterochir | Clear Creek gambusia |
Gambusia nobilis | Pecos gambusia |
Peociliopsis occidentalis | Gila topminnow |
Gasterosteiformes | Gasterosteidae | Gasterosteus aculeatus williamsoni | Unarmored threespine stickleback |
Gobiesociformes | Gobiidae | Proterorhinus marmoratus | Tubenose goby |
Neogobius melanostomus | Round goby |
Perciformes | Channidae | Channa spp. Parachanna spp. | Snakeheads |
Cichlidae | Tilapia spp. | Tilapia |
Gymnocephalus cernuum | Ruffe* |
Elassomatidae | Elassoma alabamae | Spring pygmy sunfish |
Percidae | Crystallaria cincotta | Diamond darter |
Etheostoma chermocki | Vermilion darter |
Etheostoma boschungi | Slackwater darter |
Etheostoma chienense | Relict darter |
Etheostoma etowahae | Etowah darter |
Etheostoma fonticola | Fountain darter |
Etheostoma moorei | Yellowcheek darter |
Etheostoma nianguae | Niangua darter |
Etheostoma nuchale | Watercress darter |
Etheostoma okaloosae | Okaloosa darter |
Etheostoma phytophilum | Rush darter |
Etheostoma rubrum | Bayou darter |
Etheostoma scotti | Cherokee darter |
Etheostoma sp. | Bluemask (= jewel) darter |
Etheostoma susanae | Cumberland darter |
Etheostoma wapiti | Boulder darter |
Percina antesella | Amber darter |
Percina aurolineata | Goldline darter |
Percina jenkinsi | Conasauga logperch |
Percina pantherina | Leopard darter |
Percina tanasi | Snail darter |
Scorpaeniformes | Cottidae | Cottus sp. | Grotto sculpin |
Cottus paulus (= pygmaeus) | Pygmy sculpin |
Siluriformes | Clariidae | All species | Air-breathing catfish |
Ictaluridae | Noturus baileyi | Smoky madtom |
Noturus crypticus | Chucky madtom |
Noturus placidus | Neosho madtom |
Noturus stanauli | Pygmy madtom |
Noturus trautmani | Scioto madtom |
Synbranchiformes | Synbranchidae | Monopterus albus | Swamp eel |
MAMMALS |
Order | Family | Genus/Species | Common Name |
Artiodactyla | Suidae | All Species | Pigs or Hogs* |
Cervidae | All Species | Deer* |
Carnivora | Canidae | All Species | Wild Dogs,* Wolves, Coyotes or Coyote hybrids, Jackals and Foxes |
Ursidae | All Species | Bears* |
Procyonidae | All Species | Raccoons and* Relatives |
Mustelidae | All Species | Weasels, Badgers,* Skunks and Otters |
(except Mustela putorius furo) | Ferret |
Viverridae | All Species | Civets, Genets,* Lingsangs, Mongooses, and Fossas |
Herpestidae | All Species | Mongooses* |
Hyaenidae | All Species | Hyenas and Aardwolves* |
Felidae | All Species | Cats* |
Chiroptera | | All Species | Bats* |
Lagomorpha | Lepridae | Brachylagus idahoensis | Pygmy rabbit |
Lepus europeaeous | European hare |
Oryctolagus cuniculus | European rabbit |
Sylvilagus bachmani riparius | Riparian brush rabbit |
Sylvilagus palustris hefneri | Lower Keys marsh rabbit |
Rodentia | | All species native to Africa | All species native to Africa |
Dipodidae | Zapus hudsonius preblei | Preble's meadow jumping mouse |
Muridae | Microtus californicus scirpensis | Amargosa vole |
Microtus mexicanus hualpaiensis | Hualapai Mexican vole |
Microtus pennsylvanicus dukecampbelli | Florida salt marsh vole |
Neotoma floridana smalli | Key Largo woodrat |
Neotoma fuscipes riparia | Riparian (= San Joaquin Valley) woodrat |
Oryzomys palustris natator | Rice rat |
Peromyscus gossypinus allapaticola | Key Largo cotton mouse |
Peromyscus polionotus allophrys | Choctawhatchee beach mouse |
Peromyscus polionotus ammobates | Alabama beach mouse |
Peromyscus polionotus niveiventris | Southeastern beach mouse |
Peromyscus polionotus peninsularis | St. Andrew beach mouse |
Peromyscus polionotus phasma | Anastasia Island beach mouse |
Peromyscus polionotus trissyllepsis | Perdido Key beach mouse |
Reithrodontomys raviventris | Salt marsh harvest mouse |
Heteromyidae | Dipodomys heermanni morroensis | Morro Bay kangaroo rat |
Dipodomys ingens | Giant kangaroo rat |
Dipodomys merriami parvus | San Bernadino Merriam's kangaroo rat |
Dipodomys nitratoides exilis | Fresno kangaroo rat |
Dipodomys nitratoides nitratoides | Tipton kangaroo rat |
Dipodomys stephensi (including D. cascus) | Stephens' kangaroo rat |
Perognathus longimembris pacificus | Pacific pocket mouse |
Sciuridae | Cynomys spp. | Prairie dogs |
Spermophilus brunneus brunneus | Northern Idaho ground squirrel |
Tamiasciurus hudsonicus grahamensis | Mount Graham red squirrel |
Soricomorpha | Soricidae | Sorex ornatus relictus | Buena Vista Lake ornate shrew |
MOLLUSKS |
Order | Family | Genus/Species | Common Name |
Neotaenioglossa | Hydrobiidae | Potamopyrgus antipodarum | New Zealand mudsnail |
Veneroida | Dreissenidae | Dreissena bugensis | Quagga mussel |
Dreissena polymorpha | Zebra mussel |
REPTILES |
Order | Family | Genus/Species | Common Name |
Crocodilia | Alligatoridae | All species | Alligators, caimans* |
Crocodylidae | All species | Crocodiles* |
Gavialidae | All species | Gavials* |
Squamata | Colubridae | Boiga irregularis | Brown tree snake* |
CRUSTACEANS |
Order | Family | Genus/Species | Common Name |
Decapoda | Cambaridae | Cambarus aculabrum | Cave crayfish |
Cambarus zophonastes | Cave crayfish |
Orconectes rusticus | Rusty crayfish |
Orconectes shoupi | Nashville crayfish |
Pacifastacus fortis | Shasta crayfish |
Procambarus sp. | Marbled crayfish |
Parastacidae | Cherax spp. | Australian crayfish |
Varunidea | Eriocheir sinensis | Chinese mitten crab |
B. Temporary possession permit for certain animals. Notwithstanding the permitting requirements of subsection A of this section, a person, company or corporation possessing any nonnative (exotic) animal, designated with an asterisk (*) in subsection A of this section, prior to July 1, 1992, must declare such possession in writing to the department by January 1, 1993. This written declaration shall serve as a permit for possession only, is not transferable, and must be renewed every five years. This written declaration must include species name, common name, number of individuals, date or dates acquired, sex (if possible), estimated age, height or length, and other characteristics such as bands and band numbers, tattoos, registration numbers, coloration, and specific markings. Possession transfer will require a new permit according to the requirements of this subsection.
C. Exception for certain monk parakeets. A permit is not required for monk parakeets (quakers) that have been captive bred and are closed-banded with a seamless band.
D. Exception for parts or products. A permit is not required for parts or products of those nonnative (exotic) animals listed in subsection A of this section that may be used for personal use, in the manufacture of products, or used in scientific research, provided that such parts or products be packaged outside the Commonwealth by any person, company, or corporation duly licensed by the state in which the parts originate. Such packages may be transported into the Commonwealth, consistent with other state laws and regulations, so long as the original package remains unbroken, unopened and intact until its point of destination is reached. Documentation concerning the type and cost of the animal parts ordered, the purpose and date of the order, point and date of shipping, and date of receiving shall be kept by the person, business, or institution ordering such nonnative (exotic) animal parts. Such documentation shall be open to inspection by a representative of the Department of Game and Inland Fisheries.
E. Exception for prairie dogs. The effective date of listing of prairie dogs under subsection A of this section shall be January 1, 1998. Prairie dogs possessed in captivity in Virginia on December 31, 1997, may be maintained in captivity until the animals' deaths, but they may not be sold on or after January 1, 1998, without a permit.
F. Exception for snakehead fish. Anglers may legally harvest snakehead fish of the family Channidae, provided that they immediately kill such fish and that they notify the department, as soon as practicable, of such actions.
G. Exception for feral hogs. Anyone may legally trap feral hogs with written permission of the landowner, provided that any trapped hogs are not removed from the trap site alive and are killed immediately.
H. Exception for grass carp. Anglers may legally harvest grass carp of the family Cyprinidae only from public waters of the Commonwealth, except from department-owned or department-controlled lakes, provided that anglers. It is unlawful to harvest grass carp from any public inland lake or reservoir. Anglers taking grass carp must ensure that harvested grass carp are dead.
I. Exception for Alabama bass. Anglers may possess live Alabama bass of the family Centrarchidae only on the body of water from which the fish were captured, provided that the angler does not live transport these fish outside of the body of water from which the fish were captured. Anglers may only release live Alabama bass back into the body of water from which the fish were captured. Anglers may legally harvest Alabama bass provided that the anglers ensure all harvested Alabama bass are dead.
J. All other nonnative (exotic) animals. All other nonnative (exotic) animals not listed in subsection A of this section may be possessed, purchased, and sold; provided, that such animals shall be subject to all applicable local, state, and federal laws and regulations, including those that apply to threatened/endangered species, and further provided, that such animals shall not be liberated within the Commonwealth.
VA.R. Doc. No. R21-5906; Filed September 22, 2020, 3:48 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF WILDLIFE RESOURCES
Proposed Regulation
REGISTRAR'S NOTICE: The Board of Wildlife Resources is claiming an exemption from the Administrative Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-320. Fish: Fishing Generally (amending 4VAC15-320-25, 4VAC15-320-60, 4VAC15-320-100).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502 of the Code of Virginia.
Public Hearing Information:
October 22, 2020 - 9 a.m. - Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: October 22, 2020.
Agency Contact: Aaron Proctor, Regulations Coordinator, Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228, telephone (804) 367-8341, or email aaron.proctor@dwr.virginia.gov.
Summary:
The proposed amendments (i) adjust creel and length limits for largemouth bass, smallmouth bass, spotted bass, Alabama bass, white bass, saugeye, yellow perch, and blue catfish; (ii) prohibit the stocking of spotted bass in private waters; (iii) remove the prohibition of mechanical paddle wheel boats on department-owned or department-controlled waters; and (iv) require a boat ramp special use permit and immediate live release of fish taken at the capture site following certification during a fishing tournament.
4VAC15-320-25. Creel and length limits.
The creel limits (including live possession) and the length limits for the various species of fish shall be as follows, unless otherwise excepted by posted rules at department-owned or department-controlled waters (see 4VAC15-320-100 D).
Type of fish | Subtype or location | Creel and length limits | Geographic exceptions | Creel or length limits for exceptions |
largemouth bass, smallmouth bass, spotted bass | | 5 per day in the aggregate (combined) No statewide length limits | Lakes | |
Briery Creek Lake | No bass 16 to 24 inches; only 1 per day longer than 24 inches |
Buggs Island (Kerr) | Only 2 of 5 bass less than 14 inches |
Claytor Lake | No smallmouth bass less than 14 inches; 15 spotted bass per day |
Flannagan Reservoir | No smallmouth bass less than 15 inches Nolargemouth bass less than 12 inches |
Lake Gaston | Only 2 of 5 bass less than 14 inches |
Leesville Reservoir | Only 2 of 5 bass less than 14 inches |
Lake Moomaw | No bass less than 12 inches |
Philpott Reservoir | No bass less than 12 inches |
Quantico Marine Base waters | No bass 12 to 15 inches |
Smith Mountain Lake and its tributaries below Niagara Dam | Only 2 of 5 bass less than 14 inches |
Rivers | |
Clinch River – within the boundaries of Scott, Wise, Russell, or Tazewell Counties | No bass less than 20 inches; only 1 bass per day longer than 20 inches |
Levisa Fork River – within the boundaries Buchanan County | No bass less than 20 inches; only 1 bass per day longer than 20 inches |
Dan River and tributaries downstream from the Union Street Dam, Danville | Only 2 of 5 bass less than 14 inches |
James River – Confluence of the Jackson and Cowpasture rivers (Botetourt County) downstream to the 14th Street Bridge in Richmond | No bass 14 to 22 inches; only 1 per day longer than 22 inches |
New River – Fields Dam (Grayson County) downstream to the VA - WV state line and its tributaries Little River downstream from Little River Dam in Montgomery County, Big Walker Creek from the Norfolk Southern Railroad Bridge downstream to the New River, and Wolf Creek from the Narrows Dam downstream to the New River in Giles County (This does not include Claytor Lake, which is delineated as: The upper end of the island at Allisonia downstream to the dam) | No bass 14 to 22 inches; only 1 per day longer than 22 inches |
North Fork Holston River - Rt. 91 bridge upstream of Saltville, VA downstream to the VA - TN state line | No bass less than 20 inches; only 1 per day longer than 20 inches |
North Fork Shenandoah River – Rt. 42 bridge, Rockingham County downstream to the confluence with S. Fork Shenandoah at Front Royal
| No bass 11 to 14 inches
|
Potomac River - Virginia tidal tributaries above Rt. 301 bridge | No bass less than 15 inches from March 1 through June 15 |
Roanoke (Staunton) River - and its tributaries below Difficult Creek, Charlotte County | Only 2 of 5 bass less than 14 inches |
Shenandoah River –
| |
Confluence of South Fork and North Fork Rivers, Front Royal, downstream, to the Warren Dam, near Front Royal
| No bass 11 to 14 inches
|
Base of Warren Dam, near Front Royal downstream to Rt. 17/50 bridge
| No bass 14 to 20 inches; only 1 per day longer than 20 inches
|
Rt. 17/50 bridge downstream to VA - WV state line
| No bass 11 to 14 inches
|
South Fork Shenandoah River -
| |
Shenandoah River, South Fork Shenandoah River, North Fork Shenandoah RiverConfluence of North and South rivers, below Port Republic, downstream to Shenandoah Dam, near Town of Shenandoah | No bass 11 to 14 inches |
Base of Shenandoah Dam, near Town of Shenandoah, downstream to Luray Dam, near Luray
| No bass 14 to 20 inches; only 1 per day longer than 20 inches
|
Base of Luray Dam, near Luray, downstream to the confluence with North Fork of Shenandoah, Front Royal
| No bass 11 to 14 inches
|
Staunton River - | |
Leesville Dam (Campbell County) downstream to the mouth of Difficult Creek, Charlotte County | No smallmouth bass less than 20 inches; only 1 per day longer than 20 inches |
Alabama bass, spotted bass | | No statewide daily limit No statewide length limit | | |
striped bass | landlocked striped bass and landlocked striped bass - white bass hybrids | 4 per day in the aggregate No fish less than 20 inches | Buggs Island (Kerr) Reservoir, including the Staunton River to Leesville Dam and the Dan River to Union Street Dam (Danville) | October 1 - May 31: 2 per day in the aggregate; no striped bass or hybrid striped bass less than 20 inches June 1 - September 30: 4 per day in the aggregate; no length limit |
Claytor Lake and its tributaries | September 16 – June 30: 2 per day in the aggregate; no striped bass or hybrid bass less than 20 inches July 1 – September 15: 4 per day in the aggregate; no length limit |
Smith Mountain Lake and its tributaries, including the Roanoke River upstream to Niagara Dam | 2 per day in the aggregate November 1 - May 31: No striped bass 30 to 40 inches June 1 - October 31: No length limit |
Lake Gaston | 4 per day in the aggregate October 1 - May 31: No striped bass or hybrid striped bass less than 20 inches June 1 - September 30: No length limit |
anadromous (coastal) striped bass above the fall line in all coastal rivers of the Chesapeake Bay | Creel and length limits shall be set by the Virginia Marine Resources Commission for recreational fishing in tidal waters | | |
anadromous (coastal) in the Meherrin, Nottoway, Blackwater (Chowan Drainage), North Landing and Northwest Rivers and their tributaries plus Back Bay | 2 per day No striped bass less than 18 inches | | |
white bass | | 5 per day No statewide length limits | Buggs Island (Kerr) Reservoir, including the Staunton River to Leesville Dam and the Dan River to Union Street Dam (Danville) | 10 per day; no white bass less than 14 inches |
Lake Gaston | 10 per day; no white bass less than 14 inches |
walleye, saugeye | | 5 per day in the aggregate No walleye or saugeye less than 18 inches | New River upstream of Buck Dam in Carroll County
| No walleye less than 20 inches
|
Claytor Lake and the New River upstream of Claytor Lake Dam to Buck Dam in Carroll County | February 1 - May 31: 2 walleye per day; no walleye 19 to 28 inches
June 1 - January 31: 5 walleye per day; no walleye less than 20 inches
|
sauger | | 2 per day No statewide length limits | | |
yellow perch | | No statewide daily limit No statewide length limits | Lake Moomaw | 10 per day |
Below the fall line in all coastal rivers of the Chesapeake Bay | No yellow perch less than 9 inches; no daily limit |
chain pickerel | | 5 per day No statewide length limits | Gaston and Buggs Island (Kerr) Reservoirs | No daily limit |
northern pike | | 2 per day No pike less than 20 inches | | |
muskellunge | | 2 per day No muskellunge less than 30 inches | New River - Fields Dam (Grayson County) downstream to Claytor Dam, including Claytor Lake | 1 per day; no muskellunge less than 42 inches |
New River - Claytor Dam downstream to the VA - WV state line | 1 per day June 1 - last day of February: No muskellunge 40 to 48 inches March 1 - May 31: No muskellunge less than 48 inches |
bluegill (bream) and other sunfish excluding crappie, rock bass (redeye) and Roanoke bass | | 50 per day in the aggregate No statewide length limits | Gaston and Buggs Island (Kerr) Reservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County | No daily limit |
crappie (black or white) | | 25 per day in the aggregate No statewide length limits | Lake Gaston and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County | No daily limit |
Buggs Island (Kerr) Reservoir | No crappie less than 9 inches |
Briery Creek and Sandy River Reservoirs | No crappie less than 9 inches |
Flannagan and South Holston Reservoirs | No crappie less than 10 inches |
rock bass (redeye) | | 25 per day; in the aggregate with Roanoke bass No statewide length limits | Gaston and Buggs Island (Kerr) Reservoirs and that portion of the New River from the VA - NC state line downstream to the confluence of the New and Little Rivers in Grayson County | No daily limit |
Nottoway, Meherrin, Blackwater (Franklin County), Falling, and Smith Rivers and their tributaries | 5 per day in the aggregate with Roanoke bass; no rock bass less than 8 inches |
Roanoke bass | | 25 per day in the aggregate with rock bass No statewide length limits | Nottoway, Meherrin, Blackwater (Franklin County), Falling, and Smith Rivers and their tributaries | 5 per day in the aggregate with rock bass; no Roanoke bass less than 8 inches |
trout | See 4VAC15-330. Fish: Trout Fishing. | |
catfish | channel, white, and flathead catfish | 20 per day; No length limits | All rivers below the fall line | No daily limit |
blue catfish | 20 per day; No statewide length limits | Lake Gaston | No daily limit, except only 1 blue catfish per day longer than 32 inches |
Kerr Reservoir | 20 per day, except only 1 blue catfish per day longer than 32 inches |
James River and its tributaries below the fall line, Rappahannock River and its tributaries below the fall line, and York River and its tributaries (including the Pamunkey River and Mattaponi River) below the fall line | No daily limit, except only 1 blue catfish per day longer than 32 inches |
All rivers below the fall line other than the James River and its tributaries, Rappahannock River and its tributaries, and the York River and its tributaries | No daily limit |
yellow, brown, and black bullheads | No daily limit; No length limits | | |
hickory shad | Above and below the fall line in all coastal rivers of the Chesapeake Bay | Creel and length limits shall be the same as those set by the Virginia Marine Resources Commission in tidal rivers | | |
| Meherrin River below Emporia Dam Nottoway River, Blackwater River (Chowan Drainage), North Landing and Northwest Rivers, and their tributaries plus Back Bay | 10 per day No length limits | | |
American shad | | No possession | | |
anadromous (coastal) alewife and blueback herring | Above and below the fall line in all coastal rivers of the Chesapeake Bay | Creel and length limits shall be the same as those set by the Virginia Marine Resources Commission for these species in tidal rivers | | |
Meherrin River, Nottoway River, Blackwater River (Chowan Drainage), North Landing and Northwest Rivers, and their tributaries plus Back Bay | No possession | | |
red drum | Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries | 1 per day No drum less than 18 inches or greater than 27 inches | | |
spotted sea trout (speckled trout) | Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries | 4 per day No sea trout less than 14 inches | | |
grey trout (weakfish) | Back Bay and tributaries including Lake Tecumseh and North Landing River and its tributaries | 1 per day No grey trout less than 12 inches | | |
southern flounder | Back Bay and tributaries including Lake Tecumseh and the North Landing River and its tributaries | 6 per day No flounder less than 15 inches | | |
northern snakehead | | Anglers may possess snakeheads taken from Virginia waters if they immediately kill the fish and notify the headquarters or a regional office of the department; notification may be made by telephoning (804) 367-2925 No statewide daily limit No statewide length limits | | |
longnose gar | | 5 per day No statewide length limits | | |
bowfin | | 5 per day No statewide length limits | | |
American eel | | 25 per day No eel less than 9 inches | Back Bay and North Landing River | No possession limit for those individuals possessing a permit obtained under 4VAC15-340-80 |
other native or naturalized nongame fish | See 4VAC15-360-10. Fish: Aquatic Invertebrates, Amphibians, Reptiles, and Nongame Fish. Taking aquatic invertebrates, amphibians, reptiles, and nongame fish for private use. | |
endangered or threatened fish | See 4VAC15-20-130. Definitions and Miscellaneous: In General. Endangered and threatened species; adoption of federal list; additional species enumerated. | |
nonnative (exotic) fish | See 4VAC15-30-40. Definitions and Miscellaneous: Importation, Possession, Sale, Etc., of Animals. Importation requirements, possession and sale of nonnative (exotic) animals. | |
| | | | | |
4VAC15-320-60. Approval required to stock fish into inland waters.
It shall be unlawful to stock any species of fish into any inland waters of the Commonwealth, without first obtaining written approval to do so from the department. Nothing in this section shall be construed as restricting the use of native and naturalized species of fish in privately-owned ponds and lakes, except spotted bass, blue catfish, and their hybrids may not be stocked.
4VAC15-320-100. Department-owned or department-controlled lakes, ponds, streams, boat access sites, or hatcheries.
A. Motors and boats. Unless otherwise posted at each recognized entrance to any department-owned or department-controlled lake, pond, or stream, the use of boats propelled by a gasoline motors, motor or sail or mechanically operated recreational paddle wheel is prohibited. Department employees and other government agency officials may use gasoline motors in the performance of official duties.
B. Method of fishing. Taking any fish at any department-owned or department-controlled lake, pond, or stream by any means other than by use of one or more attended poles with hook and line attached is prohibited unless otherwise posted in which case cast nets (subject to 4VAC15-360-10 B) may be used for collecting nongame fish for use as bait.
C. Hours for fishing. Fishing is permitted 24 hours a day unless otherwise posted at each recognized entrance to any department-owned or department-controlled lake, pond, stream, or boat access site.
D. Seasons; hours and methods of fishing; size and creel limits; hunting and trapping. The open seasons for (i) fishing, as well as fishing hours, methods of taking fish, and the size, possession, and creel limits, and (ii) hunting and trapping for department-owned or department-controlled lakes, ponds, streams or boat access sites shall conform to the regulations of the board unless otherwise excepted by posted rules by the director or his designee. Such posted rules shall be displayed at each lake, pond, stream, or boat access site, in which case the posted rules shall be in effect. Failure to comply with posted rules concerning seasons, hours, methods of taking, bag limits, and size, possession, and creel limits shall constitute a violation of this regulation.
E. Other uses. Camping overnight or building fires (except in developed and designated areas), swimming, or wading in department-owned or department-controlled lakes, ponds, or streams (except by anglers, hunters and trappers actively engaged in fishing, hunting, or trapping), is prohibited. All other uses shall conform to the regulations of the board unless excepted by posted rules.
F. Fishing tournaments, etc. It shall be unlawful A boat ramp special use permit is required to organize, conduct, supervise, or solicit entries for fishing tournaments, rodeos, or other fishing events on lakes, ponds, or streams owned by the department, for which prizes are offered, awarded, or accepted based on size or numbers of fish caught, either in money or other valuable considerations. This chapter will not prohibit events approved by the department that are intended to promote youth fishing or provide instruction, provided no prizes, as defined above, are awarded and no participation fees are charged. Any fish captured and entered for scoring or consideration during a permitted fishing tournament, rodeo, or other fishing event on lakes, ponds, or streams owned by the department must be immediately released at the capture site. A boat ramp special use permit is not required for tournaments, rodeos, or other fishing events that occur on a statewide or nationwide basis and that do not have a designated meeting or gathering location.
VA.R. Doc. No. R21-5909; Filed September 22, 2020, 4:07 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF WILDLIFE RESOURCES
Proposed Regulation
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Wildlife Resources is claiming an exemption from the Administrative
Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when
promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-330. Fish: Trout Fishing (amending 4VAC15-330-150, 4VAC15-330-160;
repealing 4VAC15-330-110).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
October 22, 2020 - 9 a.m. - Department of Wildlife
Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: October 22, 2020.
Agency Contact: Aaron Proctor, Regulations Coordinator,
Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA
23228, telephone (804) 367-8341, or email aaron.proctor@dwr.virginia.gov.
Summary:
The proposed amendments (i) repeal the special provisions
applicable to certain portions of Green Cove Creek, Smith Creek, Snake Creek,
and Whitetop Laurel Creek regarding the taking of trout; (ii) add portions of
Green Cove Creek in Washington County, Whitetop Laurel Creek in Washington
County, Smith Creek in Alleghany County, and Snake Creek and Little Snake Creek
in Carroll County to the special provision for artificial lure, single
hook-only trout fishing; and (iii) remove portions of the Hardware River in
Fluvanna County and Peak Creek in Pulaski County and add portions of the Hardy
Creek in Lee County and the Piney River in Nelson County to the special
provision for artificial lure only and no live possession of bait or trout for
trout fishing.
4VAC15-330-110. Special provisions applicable to certain
portions of Green Cove Creek, Smith Creek, Snake Creek and Whitetop Laurel
Creek. (Repealed.)
It shall be lawful to fish using only artificial lures
with single hooks in that portion of Green Cove Creek in Washington County from
Route 859 downstream to its mouth, in that portion of Smith Creek in Alleghany
County from the Clifton Forge Reservoir Dam downstream to a sign at the Forest
Service boundary above the C + O Dam, on Snake Creek in Carroll County upstream
from its mouth to Hall's Fork on Big Snake Fork and to the junction of Routes
922 and 674 on Little Snake Fork, in Whitetop Laurel Creek in Washington County
upstream from the mouth of Straight Branch to a sign at the Forest Service
boundary just downstream of Taylor Valley, and in Whitetop Laurel Creek in
Washington County upstream from the first railroad trestle above Taylor Valley
to the mouth of Green Cove Creek at Creek Junction. All trout caught in these
waters under 12 inches in length shall be immediately returned to the water
unharmed. It shall be unlawful for any person to have in his possession any
bait or any trout under 12 inches in length in these areas.
4VAC15-330-150. Special provision applicable to trout fishing
using artificial lures with single hook.
It shall be lawful year around to fish for trout using only
artificial lures with single hooks within:
1. The Stewarts Creek Trout Management Area in Carroll County.
2. The Rapidan and Staunton Rivers and their tributaries upstream
from a sign at the Lower Shenandoah National Park boundary in Madison County.
3. The Dan River and its tributaries between the Townes Dam
and the Pinnacles Hydroelectric Project powerhouse in Patrick County.
4. The East Fork of Chestnut Creek (Farmers Creek) and its
tributaries upstream from the Blue Ridge Parkway in Grayson and Carroll
Counties.
5. Roaring Fork and its tributaries upstream from the
southwest boundary of Beartown Wilderness Area in Tazewell County.
6. That section of the South Fork Holston River and its
tributaries from the concrete dam at Buller Fish Culture Station downstream to
the lower boundary of the Buller Fish Culture Station in Smyth County.
7. North Creek and its tributaries upstream from a sign at the
George Washington National Forest North Creek Campground in Botetourt County.
8. Spring Run from it confluence with Cowpasture River
upstream to a posted sign at the discharge for Coursey Springs Hatchery in Bath
County.
9. Venrick Run and its tributaries within the Big Survey
Wildlife Management Area and Town of Wytheville property in Wythe County.
10. Brumley Creek and its tributaries from the Hidden Valley
Wildlife Management Area boundary upstream to the Hidden Valley Lake Dam in
Washington County.
11. Stony Creek (Mountain Fork) and its tributaries within the
Jefferson National Forest in Wise and Scott Counties from the outlet of High
Knob Lake downstream to the confluence of Chimney Rock Fork and Stony Creek.
12. Little Stony Creek and its tributaries within the Jefferson
National Forest in Scott County from the Falls of Little Stony Creek downstream
to a posted sign at the Hanging Rock Recreation Area.
13. Little Tumbling Creek and its tributaries within the
Clinch Mountain Wildlife Management Area in Smyth and Tazewell Counties
downstream to the concrete bridge.
14. Big Tumbling Creek and its tributaries within the Clinch
Mountain Wildlife Management Area in Smyth County from a sign starting at the
foot of the mountain and extending upstream seasonally from October 1 until
five days prior to the first Saturday in April.
15. South River in the City of Waynesboro from the Wayne
Avenue Bridge downstream 2.2 miles to the Second Street Bridge.
16. Wolf Creek and its tributaries within the Abingdon Muster
Grounds in the Town of Abingdon from Colonial Road downstream to Stone Mill
Road.
17. Beaver Creek and its tributaries within the boundaries of
Sugar Hollow Park in the City of Bristol.
18. Green Cove Creek in Washington County from Route 859
downstream to its mouth.
19. Whitetop Laurel Creek in Washington County upstream
from the mouth of Straight Branch to a sign posted at the Forest Service
boundary just downstream of Taylor Valley, and in Whitetop Laurel Creek in
Washington County upstream from the first railroad trestle above Taylor Valley
to the mouth of Green Cove Creek at Creek Junction.
20. Smith Creek in Alleghany County from the Clifton Forge
Dam downstream to a sign at the Forest Service boundary above the C & O
Dam.
21. Snake Creek in Carroll County below Hall Ford and that
portion of Little Snake Creek below the junction of Routes 922 and 674,
downstream to Route 58
All trout caught in these waters must be immediately returned
to the water. No trout or bait may be in possession at any time in these areas.
4VAC15-330-160. Special provisions applicable to certain
portions of Accotink Creek, Back Creek, Big Moccasin Creek, Chestnut Creek, Hardware
River Hardy Creek, Holliday Creek, Holmes Run, Indian Creek, North
River, Passage Creek, Peak Creek, Pedlar River, Piney River,
North Fork of Pound and Pound rivers, Middle Fork of Powell River, and Roanoke
River.
It shall be lawful to fish from October 1 through May 31,
both dates inclusive, using only artificial lures in Accotink Creek (Fairfax
County) from King Arthur Road downstream 3.1 miles to Route 620 (Braddock
Road), in Back Creek (Bath County) from the Route 600 bridge just below the
Virginia Power Back Creek Dam downstream 1.5 miles to the Route 600 bridge at
the lower boundary of the Virginia Power Recreational Area, in Big Moccasin
Creek (Scott County) from the Virginia Department of Transportation foot bridge
downstream approximately 1.9 miles to the Wadlow Gap Bridge, in Chestnut Creek
(Carroll County) from the U.S. Route 58 bridge downstream 11.4 miles to the
confluence with New River, in the Hardware River (Fluvanna County) from the
Route 646 bridge upstream 3.0 miles to Muleshoe Bend as posted Hardy
Creek (Lee County) from the Virginia Department of Transportation swinging
bridge just upstream of the Route 658 ford downstream to the Route 661 bridge,
in Holliday Creek (Appomattox/Buckingham Counties) from the Route 640 crossing
downstream 2.8 miles to a sign posted at the headwaters of Holliday Lake, in
Holmes Run (Fairfax County) from the Lake Barcroft Dam downstream 1.2 miles to
a sign posted at the Alexandria City line, in Indian Creek within the boundaries
of Wilderness Road State Park (Lee County), in the North River (Augusta County)
from the base of Elkhorn Dam downstream 1.5 miles to a sign posted at the head
of Staunton City Reservoir, in Passage Creek (Warren County) from the lower
boundary of the Front Royal State Hatchery upstream 0.9 miles to the
Shenandoah/Warren County line, in Peak Creek (Pulaski County) from the
confluence of Tract Fork downstream 2.7 miles to the Route 99 bridge, in
the Pedlar River (Amherst County) from the City of Lynchburg/George Washington
National Forest boundary line (below Lynchburg Reservoir) downstream 2.7 miles
to the boundary line of the George Washington National Forest, in the Piney
River (Nelson County) in that portion of stream from the Piney River Trailhead
(Route 151) to the Rose Mill Trailhead (Route 674) adjacent to the Blue Ridge
Railway Trail, in North Fork of Pound and Pound rivers from the base of
North Fork of Pound Dam downstream to the confluence with Indian Creek, in the
Middle Fork of Powell River (Wise County) from the old train trestle at the
downstream boundary of Appalachia extending approximately 1.9 miles downstream
to the trestle just upstream of the Town of Big Stone Gap, in the Roanoke River
(Roanoke County) from the Route 760 bridge (Diuguids Lane) upstream 1.0 miles
to a sign posted at the upper end of Green Hill Park (Roanoke County), and in
the Roanoke River (City of Salem) from the Route 419 bridge upstream 2.2 miles
to the Colorado Street bridge. From October 1 through May 31, all trout caught
in these waters must be immediately returned to the water unharmed, and it
shall be unlawful for any person to have in possession any bait or trout.
During the period of June 1 through September 30, the above restrictions will
not apply.
VA.R. Doc. No. R21-5910; Filed September 22, 2020, 5:03 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF WILDLIFE RESOURCES
Proposed Regulation
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Wildlife Resources is claiming an exemption from the Administrative
Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when
promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-340. Fish: Seines and
Nets (amending 4VAC15-340-10, 4VAC15-340-30,
4VAC15-340-60).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
October 22, 2020 - 9 a.m. - Department of Wildlife
Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: October 22, 2020.
Agency Contact: Aaron Proctor, Regulations Coordinator,
Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA
23228, telephone (804) 367-8341, or email aaron.proctor@dwr.virginia.gov.
Summary:
The proposed amendments (i) prohibit American shad from
being taken using haul seines or gill nets in the City of Virginia Beach on
Back Bay and its natural tributaries and (ii) prohibit the use of seines, nets,
or traps in streams and their associated tributaries that flow into Hungry
Mother Lake in Smyth County.
4VAC15-340-10. Haul seines to take fish for sale.
A. Authorization to take fish for sale. A haul seine permit
shall authorize the person to whom issued to take fish for sale as specified
with a haul seine from the waters designated in this section.
B. Permit holder to be present when seine operated. The
holder of a haul seine permit must be present with the seine at all times when
it is being operated. The holder, however, may have others to assist him,
and such persons assisting are not required to have a permit.
C. Length and size of nets. The length of haul seine nets
shall not be more than 500 yards. The size of mesh shall be 1-1/2 inch bar
mesh.
D. Season and fish to be taken in Virginia Beach City. In
Back Bay and its natural tributaries (not including Lake Tecumseh and Red Wing
Lake), North Landing River from the North Carolina line to Pungo Ferry (not
including Blackwater River), the open season to take all fish, except game
fish, American shad, alewife, and blueback herring, with a haul seine
shall be from November 1 through March 31, both dates inclusive. The harvest
limit for anadromous American and hickory shad shall be 10 per day,
in the aggregate.
E. Labeling packages containing fish taken with haul seine.
It shall be unlawful for any person to ship or otherwise transport any package,
box, or other receptacle containing fish taken under a haul seine permit
unless the same bears a label showing the name and address of the owner of the
seine and a statement of the kind of fish contained in it.
F. Reporting. The holder of a permit to take fish for sale by
means of haul seines shall keep a record of the pounds of fish taken by species
and location (name and county of water body), and the pounds of each species
sold.
4VAC15-340-30. Gill nets.
A. Authorization to take fish. A gill net permit shall
authorize the holder thereof to take nongame fish during the times and in the
waters and for the purposes provided for in this section. Such gill net shall
not be more than 300 feet in length. The mesh size shall be not less than
one-inch bar or square mesh (three-inch stretch mesh). Applicants must annually
purchase tags for each net the applicant intends to operate and attach a department
tag to each net prior to use. A single permit will be issued to the permittee
and shall list each tag number the permittee has been issued. All nets must be
checked daily and all game fish returned to the wild.
B. Permit holder to be present when gill net is being set and
checked for fish. The holder of a gill net permit must be present with the net
at all times when it is being set and checked for fish. The holder may have
others to assist him, and such persons assisting are not required to have a
permit. However, those assisting the permittee must meet the fishing license
requirements of the Commonwealth.
C. Times and places permitted
in Virginia Beach City; fish which may be taken. Gill nets may be used in
Virginia Beach City in Back Bay and its natural tributaries (not including Lake
Tecumseh and Red Wing Lake) and North Landing River from the North Carolina
line to Pungo Ferry (not including Blackwater River) for the taking of nongame
fish, except American shad, alewife, and blueback herring, for
table use and also for sale from November 1 through March 31, both dates
inclusive. The harvest limit for anadromous American and hickory shad
shall be 10 per day, in the aggregate. Gill nets set in Back Bay waters
shall be at least 300 feet from any other net and at least 300 feet from the
shoreline. All such nets must be marked at both ends and at least every 100
feet along the length of the net with a five-inch by 12-inch minimum dimensions
float.
4VAC15-340-60. Seines, traps, and nets prohibited in certain
areas.
A. It shall be unlawful to use seines and nets of any kind
for the taking of fish from the public waters of the Roanoke (Staunton) and Dan
Rivers in Campbell, Charlotte, Halifax, and Pittsylvania Counties and in the
City of Danville; provided, however, this section shall not be construed to
prohibit the use of hand-landing nets for the landing of fish legally hooked or
the taking of fish from these waters pursuant to the provisions of 4VAC15-360.
In addition, this section shall not be construed to prohibit the use of cast
nets, also known as throw nets, for the taking of bait fish.
B. In Lick Creek and tributaries in Smyth and Bland Counties,
in Bear Creek and Hungry Mother Creek above in streams and their
associated tributaries that flow into Hungry Mother Lake in Smyth County,
in Laurel Creek and tributaries upstream of Highway 16 bridge in Tazewell and
Bland Counties, in Susong Branch and Mumpower Creek in Washington County and
the City of Bristol, and in Timbertree Branch in Scott County, it shall be
unlawful to use seines, nets, or traps; provided, however, this section shall
not be construed to prohibit the use of hand-landing nets for the landing of
fish legally hooked.
VA.R. Doc. No. R21-5911; Filed September 22, 2020, 5:18 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF WILDLIFE RESOURCES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Wildlife Resources is claiming an exemption from the Administrative
Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when
promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-350. Fish: Gigs, Grab
Hooks, Trotlines, Snares, etc. (amending 4VAC15-350-20, 4VAC15-350-70).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
October 22, 2020 - 9 a.m. - Department of Wildlife
Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: October 22, 2020.
Agency Contact: Aaron Proctor, Regulations Coordinator,
Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA
23228, telephone (804) 367-8341, or email aaron.proctor@dwr.virginia.gov.
Summary:
The proposed amendments (i) define a fishing spear and
allow the taking of nongame fish by gig or fishing spear from a position above
the surface of the water on those portions below the fall line of the Rappahannock
River and its tributaries and the Potomac River and its tributaries and (ii)
change the lawful taking of certain fish with a bow and arrow or crossbow from
public inland waters to public rivers and streams as well as changing the
exception from department-owned or department-controlled lakes to public inland
lakes and reservoirs.
4VAC15-350-20. Gigs, grab hooks, etc.; certain counties east of
the Blue Ridge Mountains.
A. It shall be lawful to take nongame fish (daily
creel (possession) and length limits for nongame fish are found in
4VAC15-320-25) at any time by snagging, grabbing, snaring, gigging, and
with a striking iron in all waters of the following counties, except (i)
public impoundments, (ii) the Roanoke (Staunton) and River,
(iii) the Dan rivers River, (iv) the James River in
Goochland County, and (v) those waters stocked by the department,
of the following counties: Amelia, Appomattox, Brunswick, Buckingham,
Campbell, Charlotte, Cumberland, Dinwiddie, Goochland, Greensville, Halifax,
Louisa, Lunenburg, Mecklenburg, Nottoway, Pittsylvania, and Prince
Edward.
B. It shall be lawful to take nongame fish by gig or
fishing spear from a position above the surface of the water on those portions
below the fall line of the Rappahannock River and its tributaries and the
Potomac River and its tributaries. For the purpose of this section, a fishing
spear is defined as an implement with a shaft and sharp point or tines designed
to be thrusted or thrown by hand.
C. Daily creel (possession) and length limits for nongame
fish are found in 4VAC15-320-25.
4VAC15-350-70. Taking of fish with bow and arrow or crossbow.
A. Season. Except as otherwise provided by local legislation
or as posted, it shall be lawful to take common carp, northern snakehead, goldfish,
and gar from the public inland waters of the Commonwealth, grass carp from
public inland waters rivers and streams of the Commonwealth
except department-owned or department-controlled lakes public inland
lakes and reservoirs, and bowfin and catfish from below the fall line in
tidal rivers of the Chesapeake Bay, except waters stocked with trout, by means
of bow and arrow or crossbow.
B. Poison arrows or explosive-head arrows prohibited. It
shall be unlawful to use poison arrows or arrows with explosive heads at any
time for the purpose of taking common carp, grass carp, northern snakehead,
bowfin, catfish, goldfish, or gar in the public inland waters of the
Commonwealth.
C. Fishing license required. All persons taking fish in the
manner described in this section shall be required to have a regular fishing
license.
D. Creel limits. The creel
limits for common carp, grass carp, northern snakehead, goldfish, and catfish
shall be unlimited, provided that any angler taking northern snakehead
immediately kill such fish and notify the department, as soon as practicable,
of such actions and provided that any angler taking grass carp ensure that
harvested fish are dead. The creel limit for bowfin and longnose gar shall be
five fish per day.
VA.R. Doc. No. R21-5912; Filed September 22, 2020, 5:33 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
BOARD OF WILDLIFE RESOURCES
Proposed Regulation
REGISTRAR'S NOTICE: The
Board of Wildlife Resources is claiming an exemption from the Administrative
Process Act pursuant to § 2.2-4002 A 3 of the Code of Virginia when
promulgating regulations regarding the management of wildlife.
Title of Regulation: 4VAC15-360. Fish: Aquatic
Invertebrates, Amphibians, Reptiles, and Nongame Fish (amending 4VAC15-360-10).
Statutory Authority: §§ 29.1-103, 29.1-501, and 29.1-502
of the Code of Virginia.
Public Hearing Information:
October 22, 2020 - 9 a.m. - Department of Wildlife
Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA 23228
Public Comment Deadline: October 22, 2020.
Agency Contact: Aaron Proctor, Regulations Coordinator,
Department of Wildlife Resources, 7870 Villa Park Drive, Suite 400, Henrico, VA
23228, telephone (804) 367-8341, or email aaron.proctor@dwr.virginia.gov.
Summary:
This proposed amendments (i) limit the harvest of grass
carp to only public inland rivers and streams and prohibit their harvest from
any public inland lake or reservoir and (ii) remove the provision for take of
candy darter as previously allowed under this section.
4VAC15-360-10. Taking aquatic invertebrates, amphibians,
reptiles, and nongame fish for private use.
A. Possession limits. Except as otherwise provided for in
§ 29.1-418 of the Code of Virginia, 4VAC15-20-130, 4VAC15-320-40, and the
sections of this chapter, it shall be lawful to capture and possess live for
private use and not for sale no more than five individuals of any single native
or naturalized (as defined in 4VAC15-20-50) species of amphibian and reptile
and 20 individuals of any single native or naturalized (as defined in
4VAC15-20-50) species of aquatic invertebrate and nongame fish unless specifically
listed below in this subsection:
1. The following species may be taken in unlimited numbers
from inland waters statewide: carp, mullet, yellow bullhead, brown bullhead,
black bullhead, flat bullhead, snail bullhead, white sucker, northern
hogsucker, gizzard shad, threadfin shad, blueback herring (see 4VAC15-320-25
for anadromous blueback herring limits), white perch, yellow perch, alewife
(see 4VAC15-320-25 for anadromous alewife limits), stoneroller (hornyhead),
fathead minnow, golden shiner, goldfish, and Asian clams. Grass carp may only
be harvested in unlimited numbers from public inland waters rivers
and streams of the Commonwealth other than department-owned or
department-controlled lakes. It is unlawful to harvest grass carp from
any public inland lake and reservoir. Anglers taking grass carp must ensure
that all harvested grass carp are dead.
2. See 4VAC15-320-25 for American shad, hickory shad, channel
catfish, white catfish, flathead catfish, and blue catfish limits.
3. For the purpose of this chapter, "fish bait"
shall be defined as native or naturalized species of minnows and chubs
(Cyprinidae), salamanders (each under six inches in total length), crayfish,
and hellgrammites. The possession limit for taking "fish bait" shall
be 50 individuals in aggregate, unless said person has purchased "fish
bait" and has a receipt specifying the number of individuals purchased by
species, except salamanders and crayfish which cannot be sold pursuant to the
provisions of 4VAC15-360-60 and 4VAC15-360-70. However, stonerollers (hornyheads),
fathead minnows, golden shiners, and goldfish may be taken and possessed in
unlimited numbers as provided for in subdivision 1 of this subsection.
4. The daily limit for bullfrogs shall be 15 and for snapping
turtles shall be five. Snapping turtles shall only be taken from June 1 to
September 30. Bullfrogs and snapping turtles may not be taken from the banks or
waters of designated stocked trout waters.
5. The following species may not be taken in any number for
private use: candy darter, eastern hellbender, diamondback terrapin, and
spotted turtle.
6. Native amphibians and reptiles, as defined in 4VAC15-20-50,
that are captured within the Commonwealth and possessed live for private use
and not for sale may be liberated under the following conditions:
a. Period of captivity does not exceed 30 days;
b. Animals must be liberated at the site of capture;
c. Animals must have been housed separately from other
wild-caught and domestic animals; and
d. Animals that demonstrate symptoms of disease or illness or
that have sustained injury during their captivity may not be released.
B. Methods of taking species in subsection A of this section.
Except as otherwise provided for in the Code of Virginia, 4VAC15-20-130,
4VAC15-320-40, and other regulations of the board, and except in any waters
where the use of nets is prohibited, the species listed in subsection A of this
section may only be taken (i) by hand, hook and line; (ii) with a seine not
exceeding four feet in depth by 10 feet in length; (iii) with an umbrella type
net not exceeding five by five feet square; (iv) by small minnow traps with
throat openings no larger than one inch in diameter; (v) with cast nets; and
(vi) with hand-held bow nets with diameter not to exceed 20 inches and handle
length not to exceed eight feet (such cast net and hand-held bow nets when so
used shall not be deemed dip nets under the provisions of § 29.1-416 of
the Code of Virginia). Gizzard shad and white perch may also be taken from
below the fall line in all tidal rivers of the Chesapeake Bay using a gill net
in accordance with Virginia Marine Resources Commission recreational fishing
regulations. Bullfrogs may also be taken by gigging or bow and arrow and, from
private waters, by firearms no larger than .22 caliber rimfire. Snapping turtles
may be taken for personal use with hoop nets not exceeding six feet in length
with a throat opening not exceeding 36 inches.
C. Areas restricted from taking mollusks. Except as provided
for in §§ 29.1-418 and 29.1-568 of the Code of Virginia, it shall be unlawful
to take the spiny riversnail (Io fluvialis) in the Tennessee drainage in
Virginia (Clinch, Powell, and the North, South, and Middle Forks of the Holston
Rivers and tributaries). It shall be unlawful to take mussels from any inland
waters of the Commonwealth.
D. Areas restricted from taking salamanders. Except as
provided for in §§ 29.1-418 and 29.1-568 of the Code of Virginia, it shall
be unlawful to take salamanders in Grayson Highlands State Park and on National
Forest lands in the Jefferson National Forest in those portions of Grayson,
Smyth, and Washington Counties bounded on the east by State Route 16, on the
north by State Route 603 and on the south and west by U.S. Route 58.
VA.R. Doc. No. R21-5913; Filed September 22, 2020, 5:44 p.m.
TITLE 4. CONSERVATION AND NATURAL RESOURCES
DEPARTMENT OF MINES, MINERALS AND ENERGY
Final Regulation
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 a of the Code of Virginia,
which excludes regulations that are necessary to conform to changes in Virginia
statutory law or the appropriation act where no agency discretion is involved.
The Department of Mines, Minerals and Energy will receive, consider, and
respond to petitions by any interested person at any time with respect to
reconsideration or revision.
Title of Regulation: 4VAC25-40. Safety and Health
Regulations for Mineral Mining (adding 4VAC25-40-115, 4VAC25-40-116).
Statutory Authority: §§ 45.1-161.3, 45.1-161.294, and
45.1-161.305 of the Code of Virginia.
Effective Date: November 12, 2020.
Agency Contact: Michael Skiffington, Regulatory
Coordinator, Department of Mines, Minerals and Energy, 1100 Bank Street, 8th
Floor, Richmond, VA 23219-3402, telephone (804) 692-3212, FAX (804) 692-3237,
TTY (800) 828-1120, or email mike.skiffington@dmme.virginia.gov.
Summary:
Pursuant to Chapter 804 of the 2020 Acts of Assembly, the
amendments conform regulations to the federal Fair Labor Standards Act (29 USC
§ 212) and federal regulations by allowing that persons between 16 and 18 years
of age may work around a mine, while persons younger than 18 may not work in a
mine.
4VAC25-40-115. Persons younger than 18 years of age working
in a mine.
Operators shall ensure no person younger than 18 years of
age works in any mine.
4VAC25-40-116. Persons younger than 18 years of age working
around a mine.
Operators shall comply with 29 CFR 570.60 regarding
persons between 16 and 18 years of age working around any mine.
VA.R. Doc. No. R21-6511; Filed September 14, 2020, 10:27 a.m.
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
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.
Titles of Regulations: 9VAC5-20. General Provisions (amending 9VAC5-20-21).
9VAC5-40. Existing Stationary Sources (amending 9VAC5-40-5970).
9VAC5-50. New and Modified Stationary Sources (amending 9VAC5-50-400, 9VAC5-50-410).
9VAC5-60. Hazardous Air Pollutant Sources (amending 9VAC5-60-60, 9VAC5-60-90).
Statutory Authority:
§ 10.1-1308 of the Code of Virginia; §§ 108, 109,
110, and 182 of the Clean Air Act; 40 CFR Parts 50, 53, and 58 (9VAC5-20-21).
§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123,
129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60
(9VAC5-40-5970, 9VAC5-50-400, 9VAC5-50-410, 9VAC5-60-60, 9VAC5-60-90).
Effective Date: November 11, 2020.
Agency Contact: Karen G. Sabasteanski, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4178, or email karen.sabasteanski@deq.virginia.gov.
Summary:
The amendments (i) update references to certain federal
regulations to reflect the Code of Federal Regulations as published on July 1,
2020; (ii) add two new source performance standards, Subpart XXX (Municipal
Solid Waste Landfills that Commenced Construction, Reconstruction, or
Modification After July 17, 2014) and Subpart OOOOa (Crude Oil and Natural Gas
Facilities for which Construction, Modification, or Reconstruction Commenced
after September 18, 2015) of 40 CFR Part 60; (iii) remove an outdated reference
to a specific version of a federal code citation relating to Article 43.1
(9VAC5-40-5925 et seq.) of 9VAC5-40; and (iv) update and correct an internal
reference to a federal standard affecting a specific stationary source
(landfills).
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 (2016) (2020) in
effect July 1, 2016 2020. For the purposes of Article 43.1
(9VAC5-40-5925 et seq.) of 9VAC5-40 (Existing Stationary Sources), EPA
regulations promulgated at Subpart Cf (40 CFR 60.30f et seq., Emission
Guidelines and Compliance Times for Municipal Solid Waste Landfills) of 40 CFR
Part 60, as published in the Federal Register of August 29, 2016 (81 FR 59276)
and effective on October 28, 2016, is the version incorporated by reference
into this article and Article 43.1. 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, 1111 East Main Street, Suite 1400, 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-1 -- Reference Measurement Principle and
Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere
(Ultraviolet Fluorescence Method).
(b) Appendix A-2 -- Reference Method for the Determination of
Sulfur Dioxide in the Atmosphere (Pararosaniline Method).
(c) Appendix B -- Reference Method for the Determination of
Suspended Particulate Matter in the Atmosphere (High-Volume Method).
(d) Appendix C -- Measurement Principle and Calibration
Procedure for the Continuous Measurement of Carbon Monoxide in the Atmosphere
(Non-Dispersive Infrared Photometry).
(e) Appendix D -- Measurement Principle and Calibration
Procedure for the Measurement of Ozone in the Atmosphere.
(f) Appendix E -- Reserved.
(g) Appendix F -- Measurement Principle and Calibration
Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase
Chemiluminescence).
(h) Appendix G -- Reference Method for the Determination of
Lead in Suspended Particulate Matter Collected from Ambient Air.
(i) Appendix H -- Interpretation of the National Ambient Air
Quality Standards for Ozone.
(j) Appendix I -- Interpretation of the 8-Hour Primary and
Secondary National Ambient Air Quality Standards for Ozone.
(k) Appendix J -- Reference Method for the Determination of
Particulate Matter as PM10 in the Atmosphere.
(l) Appendix K -- Interpretation of the National Ambient Air
Quality Standards for Particulate Matter.
(m) Appendix L -- Reference Method for the Determination of
Fine Particulate Matter as PM2.5 in the Atmosphere.
(n) Appendix M -- Reserved.
(o) Appendix N -- Interpretation of the National Ambient Air
Quality Standards for PM2.5.
(p) Appendix O -- Reference Method for the Determination of
Coarse Particulate Matter as PM in the Atmosphere.
(q) Appendix P -- Interpretation of the Primary and Secondary
National Ambient Air Quality Standards for Ozone.
(r) Appendix Q -- Reference Method for the Determination of
Lead in Suspended Particulate Matter as PM10 Collected from Ambient
Air.
(s) Appendix R -- Interpretation of the National Ambient Air
Quality Standards for Lead.
(t) Appendix S -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide).
(u) Appendix T -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide).
(v) Appendix U -- Interpretation of the Primary and Secondary
National Ambient Air Quality Standards for Ozone.
(2) 40 CFR Part 51 -- Requirements for Preparation, Adoption,
and Submittal of Implementation Plans.
(a) Appendix M -- Recommended Test Methods for State
Implementation Plans.
(b) Appendix S -- Emission Offset Interpretive Ruling.
(c) Appendix W -- Guideline on Air Quality Models (Revised).
(d) Appendix Y -- Guidelines for BART Determinations Under the
Regional Haze Rule.
(3) 40 CFR Part 55 -- Outer Continental Shelf Air Regulations,
except for §§ 55.5, 55.11, and 55.12.
(4) 40 CFR Part 58 -- Ambient Air Quality Surveillance.
Appendix A -- Quality Assurance Requirements for SLAMS, SPMs
and PSD Air Monitoring.
(5) 40 CFR Part 59 -- National Volatile Organic Compound
Emission Standards for Consumer and Commercial Products.
(a) Subpart C -- National Volatile Organic Compound Emission
Standards for Consumer Products.
(b) 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.
(6) 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 Stationary Sources).
(7) 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).
(8) 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).
(9) 40 CFR Part 64 -- Compliance Assurance Monitoring.
(10) 40 CFR Part 72 -- Permits Regulation.
(11) 40 CFR Part 73 -- Sulfur Dioxide Allowance System.
(12) 40 CFR Part 74 -- Sulfur Dioxide Opt-Ins.
(13) 40 CFR Part 75 -- Continuous Emission Monitoring.
(14) 40 CFR Part 76 -- Acid Rain Nitrogen Oxides Emission
Reduction Program.
(15) 40 CFR Part 77 -- Excess Emissions.
(16) 40 CFR Part 78 -- Appeal Procedures for Acid Rain
Program.
(17) 40 CFR Part 152 Subpart I -- Classification of
Pesticides.
(18) 49 CFR Part 172 -- Hazardous Materials Table. Special
Provisions, Hazardous Materials Communications, Emergency Response Information,
and Training Requirements, Subpart E, Labeling.
(19) 29 CFR Part 1926 Subpart F -- Fire Protection and
Prevention.
b. Copies may be obtained from Superintendent of Documents,
P.O. Box 371954, Pittsburgh, PA 15250-7954; telephone (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.
(3) "Guidelines for Determining Capture Efficiency"
(GD-35), Emissions Monitoring and Analysis Division, Office of Air Quality
Planning and Standards, January 9, 1995.
b. Copies of the document identified in subdivision E 2 a (1)
of this section, and Volume I and Supplements A through C of the document
identified in subdivision E 2 a (2) of this section, may be obtained from U.S.
Department of Commerce, National Technical Information Service, 5285 Port Royal
Road, Springfield, VA 22161; telephone 1-800-553-6847. Copies
of Supplements D and E of the document identified in subdivision E 2 a (2) of
this section may be obtained online from EPA's Technology Transfer Network at
http://www.epa.gov/ttn/index.html. Copies of the document identified in
subdivision E 2 a (3) of this section are only available online from EPA's
Technology Transfer Network at http://www.epa.gov/ttn/emc/guidlnd.html.
3. United States government.
a. The following document from the United States 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, PA 15250-7954; telephone (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) D86-04b, "Standard Test Method for
Distillation of Petroleum Products at Atmospheric Pressure" (2004).
(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."
(23) F852-99, "Standard Specification for Portable
Gasoline Containers for Consumer Use" (reapproved 2006).
(24) F976-02, "Standard Specification for Portable
Kerosine and Diesel Containers for Consumer Use."
(25) D4457-02, "Standard Test Method for
Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and
Coatings by Direct Injection into a Gas Chromatograph" (reapproved 2008).
(26) D3792-05, "Standard Test Method for Water
Content of Coatings by Direct Injection Into a Gas Chromatograph."
(27) D2879-97, "Standard Test Method for Vapor
Pressure-Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope" (reapproved 2007).
b. Copies may be obtained from American Society for Testing
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; telephone
(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, DC 20005; telephone (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, OH 45240; telephone (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, MA 02269-9101;
telephone (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, NY 10016; telephone (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; telephone (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, telephone (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).
(4) Method 304-91, "Determination of Volatile
Organic Compounds (VOC) in Various Materials," in Manual SSMLLABM,
"Laboratory Methods of Analysis for Enforcement Samples" (1996).
(5) Method 316A-92, "Determination of Volatile
Organic Compounds (VOC) in Materials Used for Pipes and Fittings" in
Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement
Samples" (1996).
(6) "General Test Method for Determining Solvent Losses
from Spray Gun Cleaning Systems," October 3, 1989.
b. Copies may be obtained from South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, telephone
(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) Method 100, "Procedures for Continuous Gaseous
Emission Stack Sampling" (July 28, 1997).
(4) Test Method 513, "Determination of Permeation Rate
for Spill-Proof Systems" (July 6, 2000).
(5) Method 310, "Determination of Volatile Organic
Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol
Coating Products (Including Appendices A and B)" (May 5, 2005).
(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).
(9) "Certification Procedure 501 for Portable Fuel
Containers and Spill-Proof Spouts, CP-501" (July 26, 2006).
(10) "Test Procedure for Determining Integrity of
Spill-Proof Spouts and Spill-Proof Systems, TP-501" (July 26, 2006).
(11) "Test Procedure for Determining Diurnal Emissions
from Portable Fuel Containers, TP-502" (July 26, 2006).
b. Copies may be obtained from California Air Resources Board,
P.O. Box 2815, Sacramento, CA 95812, telephone (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, telephone (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; telephone (336)
884-5000.
15. Petroleum Equipment Institute.
a. The following document from the Petroleum Equipment
Institute is incorporated herein by reference: Recommended Practices for
Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites,
PEI/RP300-09 (2009).
b. Copies may be obtained from Petroleum Equipment Institute,
6931 S. 66th E. Avenue, Suite 310, Tulsa, OK 74133; telephone (918) 494-9696;
www.pei.org.
16. American Architectural Manufacturers Association (AAMA).
a. The following documents from the American Architectural
Manufacturers Association are incorporated herein by reference:
(1) Voluntary Specification, Performance Requirements and Test
Procedures for High Performance Organic Coatings on Aluminum Extrusions and
Panels, publication number AAMA 2604-05.
(2) Voluntary Specification, Performance Requirements and Test
Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and
Panels, publication number AAMA 2605-05.
b. Copies may be obtained from American Architectural
Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL
60173-4268; telephone (847) 303-5774.
9VAC5-40-5970. Reporting and recordkeeping.
A. With regard to the emissions standards in 9VAC5-40-5940
and 9VAC5-40-5945, the provisions of 9VAC5-40-50 (Notification, records and
reporting) apply.
B. With regard to the emission limits in 9VAC5-40-5935 and
9VAC5-40-5955, the following provisions apply:
1. 9VAC5-40-50 F and H;
2. 40 CFR 60.7; and
3. 40 CFR 60.38f(a) through (m) (n) except as
provided in 40 CFR 60.24 and 40 CFR 60.38f(d)(2), and 40 CFR 60.39f(a) through
(j).
Article 5
Environmental Protection Agency Standards of Performance for New Stationary
Sources (Rule 5-5)
9VAC5-50-400. General.
The U.S. Environmental Protection Agency Regulations on
Standards of Performance for New Stationary Sources (NSPSs), as promulgated in
40 CFR Part 60 and designated in 9VAC5-50-410 are, unless indicated otherwise,
incorporated by reference into the regulations of the board as amended by the
word or phrase substitutions given in 9VAC5-50-420. The complete text of the
subparts in 9VAC5-50-410 incorporated in this regulation by reference is
contained in 40 CFR Part 60. The 40 CFR section numbers appearing under each
subpart in 9VAC5-50-410 identify the specific provisions of the subpart
incorporated by reference. The specific version of the provision adopted by
reference shall be that contained in the CFR (2019) (2020) in
effect July 1, 2019 2020. In making reference to the Code of
Federal Regulations, 40 CFR Part 60 means Part 60 of Title 40 of the Code of
Federal Regulations; 40 CFR 60.1 means 60.1 in Part 60 of Title 40 of the Code
of Federal Regulations.
9VAC5-50-410. Designated standards of performance.
Subpart A - General Provisions.
40 CFR 60.1 through 40 CFR 60.3, 40 CFR 60.7, 40 CFR 60.8, 40
CFR 60.11 through 40 CFR 60.15, 40 CFR 60.18 through 40 CFR 60.19
(applicability, definitions, units and abbreviations,
notification and recordkeeping, performance tests, compliance, circumvention,
monitoring requirements, modification, reconstruction, general control device
requirements, and general notification and reporting requirements)
Subpart B - Not applicable.
Subpart C - Not applicable.
Subpart Ca - Reserved.
Subpart Cb - Not applicable.
Subpart Cc - Not applicable.
Subpart Cd - Not applicable.
Subpart Ce - Not applicable.
Subpart D - Fossil Fuel-Fired Steam Generators.
40 CFR 60.40 through 40 CFR 60.46
(fossil fuel-fired steam generating units of more than 250
million Btu per hour heat input rate and fossil fuel-fired and wood
residue-fired steam generating units capable of firing fossil fuel at a heat
input rate of more than 250 million Btu per hour)
Subpart Da - Electric Utility
Steam Generating Units.
40 CFR 60.40Da through 40 CFR 60.52Da
(electric utility steam generating units capable of combusting
more than 250 million Btu per hour heat input of fossil fuel (either alone or
in combination with any other fuel), and for which construction,
reconstruction, or modification is commenced after September 18, 1978)
Subpart Db - Industrial-Commercial-Institutional Steam
Generating Units.
40 CFR 60.40b through 40 CFR 60.49b
(industrial-commercial-institutional steam generating units
which have a heat input capacity from combusted fuels of more than 100 million
Btu per hour)
Subpart Dc - Small Industrial-Commercial-Institutional Steam
Generating Units.
40 CFR 60.40c through 40 CFR 60.48c
(industrial-commercial-institutional steam generating units
which have a heat input capacity of 100 million Btu per hour or less, but
greater than or equal to 10 million Btu per hour)
Subpart E - Incinerators.
40 CFR 60.50 through 40 CFR 60.54
(incinerator units of more than 50 tons per day charging rate)
Subpart Ea - Municipal Waste Combustors for which Construction
is Commenced after December 20, 1989, and on or before September 20, 1994.
40 CFR 60.50a through 40 CFR 60.59a
(municipal waste combustor units with a capacity greater than
250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Eb - Large Municipal Combustors for which Construction
is Commenced after September 20, 1994, or for which Modification or Reconstruction
is Commenced after June 19, 1996.
40 CFR 60.50b through 40 CFR 60.59b
(municipal waste combustor units with a capacity greater than
250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Ec - Hospital/Medical/Infectious Waste Incinerators for
which Construction is Commenced after June 20, 1996.
40 CFR 60.50c through 40 CFR 60.58c
(hospital/medical/infectious waste incinerators that combust
any amount of hospital waste and medical/infectious waste or both)
Subpart F - Portland Cement Plants.
40 CFR 60.60 through 40 CFR 60.66
(kilns, clinker coolers, raw mill systems, finish mill
systems, raw mill dryers, raw material storage, clinker storage, finished
product storage, conveyor transfer points, bagging and bulk loading and
unloading systems)
Subpart G - Nitric Acid Plants.
40 CFR 60.70 through 40 CFR 60.74
(nitric acid production units)
Subpart Ga - Nitric Acid Plants for which Construction,
Reconstruction, or Modification Commenced after October 14, 2011.
40 CFR 60.70a through 40 CFR 60.77a
(nitric acid production units producing weak nitric acid by
either the pressure or atmospheric pressure process)
Subpart H - Sulfuric Acid Plants.
40 CFR 60.80 through 40 CFR 60.85
(sulfuric acid production units)
Subpart I - Hot Mix Asphalt Facilities.
40 CFR 60.90 through 40 CFR 60.93
(dryers; systems for screening, handling, storing and weighing
hot aggregate; systems for loading, transferring and storing mineral filler;
systems for mixing asphalt; and the loading, transfer and storage systems
associated with emission control systems)
Subpart J - Petroleum Refineries.
40 CFR 60.100 through 40 CFR 60.106
(fluid catalytic cracking unit catalyst regenerators, fluid
catalytic cracking unit incinerator-waste heat boilers and fuel gas combustion
devices)
Subpart Ja - Petroleum Refineries for which Construction,
Reconstruction, or Modification Commenced after May 14, 2007.
40 CFR 60.100a through 40 CFR 60.109a
(fluid catalytic cracking units, fluid coking units, delayed
coking units, fuel gas combustion devices, including flares and process
heaters, and sulfur recovery plants)
Subpart K - Storage Vessels for Petroleum Liquids for which
Construction, Reconstruction, or Modification Commenced after June 11, 1973,
and prior to May 19, 1978.
40 CFR 60.110 through 40 CFR 60.113
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Ka - Storage Vessels for Petroleum Liquids for which
Construction, Reconstruction, or Modification Commenced after May 18, 1978, and
prior to July 23, 1984.
40 CFR 60.110a through 40 CFR 60.115a
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Kb - Volatile Organic Liquid Storage Vessels (Including
Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or
Modification Commenced after July 23, 1984.
40 CFR 60.110b through 40 CFR 60.117b
(storage vessels with capacity greater than or equal to 10,566
gallons)
Subpart L - Secondary Lead Smelters.
40 CFR 60.120 through 40 CFR 60.123
(pot furnaces of more than 550 pound charging capacity, blast
(cupola) furnaces and reverberatory furnaces)
Subpart M - Secondary Brass and Bronze Production Plants.
40 CFR 60.130 through 40 CFR 60.133
(reverberatory and electric furnaces of 2205 pound or greater
production capacity and blast (cupola) furnaces of 550 pounds per hour or
greater production capacity)
Subpart N - Primary Emissions from Basic Oxygen Process
Furnaces for which Construction is Commenced after June 11, 1973.
40 CFR 60.140 through 40 CFR 60.144
(basic oxygen process furnaces)
Subpart Na - Secondary Emissions from Basic Oxygen Process
Steelmaking Facilities for which Construction is Commenced after January 20,
1983.
40 CFR 60.140a through 40 CFR 60.145a
(facilities in an iron and steel plant: top-blown BOPFs and
hot metal transfer stations and skimming stations used with bottom-blown or
top-blown BOPFs)
Subpart O - Sewage Treatment Plants.
40 CFR 60.150 through 40 CFR 60.154
(incinerators that combust wastes containing more than 10%
sewage sludge (dry basis) produced by municipal sewage treatment plants or
incinerators that charge more than 2205 pounds per day municipal sewage sludge
(dry basis))
Subpart P - Primary Copper Smelters.
40 CFR 60.160 through 40 CFR 60.166
(dryers, roasters, smelting furnaces, and copper converters)
Subpart Q - Primary Zinc Smelters.
40 CFR 60.170 through 40 CFR 60.176
(roasters and sintering machines)
Subpart R - Primary Lead Smelters
40 CFR 60.180 through 40 CFR 60.186
(sintering machines, sintering machine discharge ends, blast
furnaces, dross reverberatory furnaces, electric smelting furnaces and
converters)
Subpart S - Primary Aluminum Reduction Plants.
40 CFR 60.190 through 40 CFR 60.195
(potroom groups and anode bake plants)
Subpart T - Phosphate Fertilizer Industry: Wet-Process
Phosphoric Acid Plants.
40 CFR 60.200 through 40 CFR 60.205
(reactors, filters, evaporators, and hot wells)
Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid
Plants.
40 CFR 60.210 through 40 CFR 60.215
(evaporators, hot wells, acid sumps, and cooling tanks)
Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate
Plants.
40 CFR 60.220 through 40 CFR 60.225
(reactors, granulators, dryers, coolers, screens, and mills)
Subpart W - Phosphate Fertilizer Industry: Triple
Superphosphate Plants.
40 CFR 60.230 through 40 CFR 60.235
(mixers, curing belts (dens), reactors, granulators, dryers,
cookers, screens, mills, and facilities which store run-of-pile triple
superphosphate)
Subpart X - Phosphate Fertilizer Industry: Granular Triple
Superphosphate Storage Facilities.
40 CFR 60.240 through 40 CFR 60.245
(storage or curing piles, conveyors, elevators, screens and
mills)
Subpart Y - Coal Preparation and Processing Plants.
40 CFR 60.250 through 40 CFR 60.258
(plants which process more than 200 tons per day: thermal
dryers, pneumatic coal-cleaning equipment (air tables), coal processing and
conveying equipment (including breakers and crushers), coal storage systems,
and coal transfer and loading systems)
Subpart Z - Ferroalloy Production Facilities.
40 CFR 60.260 through 40 CFR 60.266
(electric submerged arc furnaces which produce silicon metal,
ferrosilicon, calcium silicon, silicomanganese zirconium, ferrochrome silicon,
silvery iron, high-carbon ferrochrome, charge chrome, standard ferromanganese,
silicomanganese, ferromanganese silicon or calcium carbide; and dust-handling
equipment)
Subpart AA - Steel Plants: Electric Arc Furnaces Constructed
after October 21, 1974, and on or before August 17, 1983.
40 CFR 60.270 through 40 CFR 60.276
(electric arc furnaces and dust-handling systems that produce
carbon, alloy or specialty steels)
Subpart AAa - Steel Plants: Electric Arc Furnaces and
Argon-Oxygen Decarburization Vessels Constructed after August 17, 1983.
40 CFR 60.270a through 40 CFR 60.276a
(electric arc furnaces, argon-oxygen decarburization vessels,
and dust-handling systems that produce carbon, alloy, or specialty steels)
Subpart BB - Kraft Pulp Mills.
40 CFR 60.280 through 40 CFR 60.285
(digester systems, brown stock washer systems, multiple effect
evaporator systems, black liquor oxidation systems, recovery furnaces, smelt
dissolving tanks, lime kilns, condensate strippers and kraft pulping
operations)
Subpart BBa - Kraft Pulp Mill Affected Sources for which
Construction, Reconstruction, or Modification Commenced after May 23, 2013.
40 CFR 60.280a through 40 CFR 60.288a
(digester systems, brown stock washer systems, multiple effect
evaporator systems, black liquor oxidation systems, recovery furnaces, smelt
dissolving tanks, lime kilns, condensate strippers, and kraft pulping
operations)
Subpart CC - Glass Manufacturing Plants.
40 CFR 60.290 through 40 CFR 60.296
(glass melting furnaces)
Subpart DD - Grain Elevators.
40 CFR 60.300 through 40 CFR 60.304
(grain terminal elevators/grain storage elevators: truck
unloading stations, truck loading stations, barge and ship unloading stations,
barge and ship loading stations, railcar unloading stations, railcar loading
stations, grain dryers, and all grain handling operations)
Subpart EE - Surface Coating of
Metal Furniture.
40 CFR 60.310 through 40 CFR 60.316
(metal furniture surface coating operations in which organic
coatings are applied)
Subpart FF - Reserved.
Subpart GG - Stationary Gas Turbines.
40 CFR 60.330 through 40 CFR 60.335
(stationary gas turbines with a heat input at peak load equal
to or greater than 10 million Btu per hour, based on the lower heating value of
the fuel fired)
Subpart HH - Lime Manufacturing Plants.
40 CFR 60.340 through 40 CFR 60.344
(each rotary lime kiln)
Subparts II through JJ - Reserved.
Subpart KK - Lead-Acid Battery Manufacturing Plants.
40 CFR 60.370 through 40 CFR 60.374
(lead-acid battery manufacturing plants that produce or have
the design capacity to produce in one day (24 hours) batteries containing an
amount of lead equal to or greater than 6.5 tons: grid casting facilities,
paste mixing facilities, three-process operation facilities, lead oxide
manufacturing facilities, lead reclamation facilities, and other lead-emitting
operations)
Subpart LL - Metallic Mineral Processing Plants.
40 CFR 60.380 through 40 CFR 60.386
(each crusher and screen in
open-pit mines; each crusher, screen, bucket elevator, conveyor belt transfer
point, thermal dryer, product packaging station, storage bin, enclosed storage
area, truck loading station, truck unloading station, railcar loading station,
and railcar unloading station at the mill or concentrator with the following
exceptions. All facilities located in underground mines are exempted from the
provisions of this subpart. At uranium ore processing plants, all facilities
subsequent to and including the beneficiation of uranium ore are exempted from
the provisions of this subpart)
Subpart MM - Automobile and Light Duty Truck Surface Coating
Operations.
40 CFR 60.390 through 40 CFR 60.397
(prime coat operations, guide coat operations, and top-coat
operations)
Subpart NN - Phosphate Rock Plants.
40 CFR 60.400 through 40 CFR 60.404
(phosphate rock plants which have a maximum plant production
capacity greater than four tons per hour: dryers, calciners, grinders, and
ground rock handling and storage facilities, except those facilities producing
or preparing phosphate rock solely for consumption in elemental phosphorous
production)
Subpart OO - Reserved.
Subpart PP - Ammonium Sulfate Manufacture.
40 CFR 60.420 through 40 CFR 60.424
(ammonium sulfate dryer within an ammonium sulfate manufacturing
plant in the caprolactam by-product, synthetic, and coke oven by-product
sectors of the ammonium sulfate industry)
Subpart QQ - Graphic Arts Industry: Publication Rotogravure
Printing.
40 CFR 60.430 through 40 CFR 60.435
(publication rotogravure printing presses, except proof
presses)
Subpart RR - Pressure Sensitive Tape and Label Surface Coating
Operations.
40 CFR 60.440 through 40 CFR 60.447
(pressure sensitive tape and label material coating lines)
Subpart SS - Industrial Surface Coating: Large Appliances.
40 CFR 60.450 through 40 CFR 60.456
(surface coating operations in large appliance coating lines)
Subpart TT - Metal Coil Surface Coating.
40 CFR 60.460 through 40 CFR 60.466
(metal coil surface coating operations: each prime coat
operation, each finish coat operation, and each prime and finish coat operation
combined when the finish coat is applied wet on wet over the prime coat and
both coatings are cured simultaneously)
Subpart UU - Asphalt Processing and Asphalt Roofing
Manufacture.
40 CFR 60.470 through 40 CFR
60.474
(each saturator and each mineral
handling and storage facility at asphalt roofing plants; and each asphalt
storage tank and each blowing still at asphalt processing plants, petroleum
refineries, and asphalt roofing plants)
Subpart VV - Equipment Leaks of
Volatile Organic Compounds in the Synthetic Organic Chemicals Manufacturing
Industry for which Construction, Reconstruction, or Modification Commenced after
January 5, 1981, and on or before November 7, 2006.
40
CFR 60.480 through 40 CFR 60.489
(all equipment within a process
unit in a synthetic organic chemicals manufacturing plant)
Subpart VVa - Equipment Leaks of VOC in the Synthetic Organic
Chemicals Manufacturing Industry for which Construction, Reconstruction, or
Modification Commenced after November 7, 2006.
40 CFR 60.480a through 40 CFR 60.489a
(all equipment within a process unit in a synthetic organic
chemicals manufacturing plant)
Subpart WW - Beverage Can Surface Coating Industry.
40 CFR 60.490 through 40 CFR 60.496
(beverage can surface coating lines: each exterior base coat
operation, each overvarnish coating operation, and each inside spray coating
operation)
Subpart XX - Bulk Gasoline Terminals.
40 CFR 60.500 through 40 CFR 60.506
(total of all loading racks at a bulk gasoline terminal which
deliver liquid product into gasoline tank trucks)
Subparts YY through ZZ - Reserved.
Subpart AAA - New Residential Wood Heaters.
40 CFR 60.530 through 40 CFR 60.539b
(NOTE: In accordance with Chapter 471 of the 2015 Acts of
Assembly, authority to enforce the above standard is being retained by EPA and
the standard is not incorporated by reference into these regulations. A state
permit may be required of certain facilities if the provisions of 9VAC5-50 and
9VAC5-80 apply. Owners should review those provisions and contact the
appropriate regional office for guidance on whether those provisions apply.)
Subpart BBB - Rubber Tire Manufacturing Industry.
40 CFR 60.540 through 40 CFR 60.548
(each undertread cementing operation, each sidewall cementing
operation, each tread end cementing operation, each bead cementing operation,
each green tire spraying operation, each Michelin-A operation, each Michelin-B
operation, and each Michelin-C automatic operation)
Subpart CCC - Reserved.
Subpart DDD - Volatile Organic Compound (VOC) Emissions from
the Polymer Manufacturing Industry.
40 CFR 60.560 through 40 CFR 60.566
(for polypropylene and polyethylene manufacturing using a
continuous process that emits continuously or intermittently: all equipment
used in the manufacture of these polymers. For polystyrene manufacturing using
a continuous process that emits continuously: each material recovery section.
For poly(ethylene terephthalate) manufacturing using a continuous process that
emits continuously: each polymerization reaction section; if dimethyl
terephthalate is used in the process, each material recovery section is also an
affected facility; if terephthalic acid is used in the process, each raw
materials preparation section is also an affected facility. For VOC emissions
from equipment leaks: each group of fugitive emissions equipment within any
process unit, excluding poly(ethylene terephthalate) manufacture.)
Subpart EEE - Reserved.
Subpart FFF - Flexible Vinyl and Urethane Coating and Printing.
40 CFR 60.580 through 40 CFR 60.585
(each rotogravure printing line used to print or coat flexible
vinyl or urethane products)
Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries
for which Construction, Reconstruction, or Modification Commenced after January
4, 1983, and on or before November 7, 2006.
40 CFR 60.590 through 40 CFR 60.593
(each compressor, valve, pump pressure relief device, sampling
connection system, open-ended valve or line, and flange or other connector in
VOC service)
Subpart GGGa - Equipment Leaks of VOC in Petroleum Refineries
for which Construction, Reconstruction, or Modification Commenced after November
7, 2006.
40 CFR 60.590a through 40 CFR 60.593a
(each compressor, valve, pump pressure relief device, sampling
connection system, open-ended valve or line, and flange or other connector in
VOC service)
Subpart HHH - Synthetic Fiber Production Facilities.
40 CFR 60.600 through 40 CFR 60.604
(each solvent-spun synthetic fiber process that produces more
than 500 megagrams of fiber per year)
Subpart III - Volatile Organic Compound (VOC) Emissions from
the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation
Unit Processes.
40 CFR 60.610 through 40 CFR 60.618
(each air oxidation reactor not discharging its vent stream
into a recovery system and each combination of an air oxidation reactor or two
or more air oxidation reactors and the recovery system into which the vent
streams are discharged)
Subpart JJJ - Petroleum Dry
Cleaners.
40 CFR 60.620 through 40 CFR 60.625
(facilities located at a petroleum dry cleaning plant with a
total manufacturers' rated dryer capacity equal to or greater than 84 pounds:
petroleum solvent dry cleaning dryers, washers, filters, stills, and settling
tanks)
Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas
Processing Plants for which Construction, Reconstruction, or Modification
Commenced after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.630 through 40 CFR 60.636
(each compressor in VOC service or in wet gas service; each
pump, pressure relief device, open-ended valve or line, valve, and flange or
other connector that is in VOC service or in wet gas service, and any device or
system required by this subpart)
Subpart LLL - Sulfur Dioxide Emissions from Onshore Natural Gas
Processing for which Construction, Reconstruction, or Modification Commenced
after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.640 through 40 CFR 60.648
(facilities that process natural gas: each sweetening unit,
and each sweetening unit followed by a sulfur recovery unit)
Subpart MMM - Reserved.
Subpart NNN - Volatile Organic Compound (VOC) Emissions from
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation
Operations.
40 CFR 60.660 through 40 CFR 60.668
(each distillation unit not discharging its vent stream into a
recovery system, each combination of a distillation unit or of two or more
units and the recovery system into which their vent streams are discharged)
Subpart OOO - Nonmetallic Mineral Processing Plants.
40 CFR 60.670 through 40 CFR 60.676
(facilities in fixed or portable nonmetallic mineral
processing plants: each crusher, grinding mill, screening operation, bucket
elevator, belt conveyor, bagging operation, storage bin, enclosed truck or railcar
loading station)
Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants.
40 CFR 60.680 through 40 CFR 60.685
(each rotary spin wool fiberglass insulation manufacturing
line)
Subpart QQQ - VOC Emissions from Petroleum Refinery Wastewater
Systems.
40 CFR 60.690 through 40 CFR 60.699
(individual drain systems, oil-water separators, and aggregate
facilities in petroleum refineries)
Subpart RRR - Volatile Organic Compound Emissions from
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes.
40 CFR 60.700 through 40 CFR 60.708
(each reactor process not discharging its vent stream into a
recovery system, each combination of a reactor process and the recovery system
into which its vent stream is discharged, and each combination of two or more
reactor processes and the common recovery system into which their vent streams
are discharged)
Subpart SSS - Magnetic Tape Coating Facilities.
40 CFR 60.710 through 40 CFR 60.718
(each coating operation and each piece of coating mix
preparation equipment)
Subpart TTT - Industrial Surface Coating: Surface Coating of
Plastic Parts for Business Machines.
40 CFR 60.720 through 40 CFR 60.726
(each spray booth in which plastic parts for use in the
manufacture of business machines receive prime coats, color coats, texture
coats, or touch-up coats)
Subpart UUU - Calciners and Dryers in Mineral Industries.
40 CFR 60.730 through 40 CFR 60.737
(each calciner and dryer at a mineral processing plant)
Subpart VVV - Polymeric Coating of Supporting Substrates
Facilities.
40 CFR 60.740 through 40 CFR 60.748
(each coating operation and any onsite coating mix preparation
equipment used to prepare coatings for the polymeric coating of supporting
substrates)
Subpart WWW - Municipal Solid Waste Landfills.
40 CFR 60.750 through 40 CFR 60.759
(municipal solid waste landfills for the containment of
household and Resource Conservation and Recovery Act (RCRA) Subtitle D wastes)
Subpart XXX - Municipal Solid Waste Landfills that Commenced
Construction, Reconstruction, or Modification After July 17, 2014
40 CFR 60.760 through 40 CFR 60.769
(municipal solid waste landfills for the containment of
household and RCRA Subtitle D wastes)
Subpart AAAA - Small Municipal
Waste Combustors for which Construction is Commenced after August 30, 1999, or
for which Modification or Reconstruction is Commenced after June 6, 2001.
40 CFR 60.1000 through 40 CFR 60.1465
(municipal waste combustor units with a capacity less than 250
tons per day and greater than 35 tons per day of municipal solid waste or
refuse-derived fuel)
Subpart BBBB - Not applicable.
Subpart CCCC - Commercial/Industrial Solid Waste Incinerators.
40 CFR 60.2000 through 40 CFR 60.2265
(an enclosed device using controlled flame combustion without
energy recovery that is a distinct operating unit of any commercial or
industrial facility, or an air curtain incinerator without energy recovery that
is a distinct operating unit of any commercial or industrial facility)
Subpart DDDD - Not applicable.
Subpart EEEE - Other Solid Waste Incineration Units for which
Construction is Commenced after December 9, 2004, or for which Modification or
Reconstruction is Commenced on or after June 16, 2006.
40 CFR 60.2880 through 40 CFR 60.2977
(very small municipal waste combustion units with the capacity
to combust less than 35 tons per day of municipal solid waste or refuse-derived
fuel, and institutional waste incineration units owned or operated by an
organization having a governmental, educational, civic, or religious purpose)
Subpart FFFF - Reserved.
Subpart GGGG - Reserved.
Subpart HHHH - Reserved.
Subpart IIII - Stationary Compression Ignition Internal
Combustion Engines.
40 CFR 60.4200 through 40 CFR 60.4219
(NOTE: Authority to enforce the above standard is being
retained by EPA and the standard is not incorporated by reference into these
regulations for any source that is not (i) a major source as defined in
9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating
Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary
Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to
Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain
Sources) of Part II of 9VAC5-80.)
Subpart JJJJ - Stationary Spark
Ignition Internal Combustion Engines.
40 CFR 60.4230 through 40 CFR 60.4248
(NOTE: Authority to enforce the above standard is being
retained by EPA and the standard is not incorporated by reference into these
regulations for any source that is not (i) a major source as defined in
9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating
Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary
Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to
Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain
Sources) of Part II of 9VAC5-80.)
Subpart KKKK - Stationary Combustion Turbines.
40 CFR 60.4300 through 40 CFR 60.4420
(stationary combustion turbine with a heat input at peak load
equal to or greater than 10.7 gigajoules (10 MMBtu) per hour)
Subpart LLLL - Sewage Sludge Incineration Units.
40 CFR 60.4760 through 40 CFR 60.4925
(an incineration unit combusting sewage sludge for the purpose
of reducing the volume of the sewage sludge by removing combustible matter,
including the sewage sludge feed system, auxiliary fuel feed system, grate
system, flue gas system, waste heat recovery equipment, and bottom ash system;
and all ash handling systems connected with the bottom ash handling system)
Subpart MMMM - Reserved.
Subpart NNNN - Reserved.
Subpart OOOO - Crude Oil and Natural Gas Production,
Transmission and Distribution for which Construction, Modification, or
Reconstruction Commenced after August 23, 2011, and on or before September 18,
2015.
40 CFR 60.5360 through 40 CFR 60.5499
(facilities that operate gas wells, centrifugal compressors,
reciprocating compressors, pneumatic controllers, and storage vessels)
Subpart OOOOa - Crude Oil and Natural Gas Facilities for which Construction,
Modification, or Reconstruction Commenced after September 18, 2015.
40 CFR 60.5360a through 40 CFR 60.5499a
(NOTE: Authority to enforce the above standard is being
retained by EPA and it is not incorporated by reference into these regulations
for any source that is not (i) a major source as defined in 9VAC5-80-60 and
subject to Article 1 (9VAC5-80-50 et seq., Federal Operating Permits for
Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary Sources) or
(ii) an affected source as defined in 9VAC5-80-370 and subject to Article 3
(9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain Sources) of Part
II of 9VAC5-80. (facilities that operate gas wells, centrifugal
compressors, reciprocating compressors, pneumatic controllers and pumps,
storage vessels, and sweetening units)
Subpart PPPP - Reserved.
Subpart QQQQ - New Residential Hydronic Heaters and Forced-Air
Furnaces
40 CFR 60.5472 through 40 CFR 60.5483
(NOTE: In accordance with Chapter 471 of the 2015 Acts of
Assembly, authority to enforce the above standard is being retained by EPA and
the standard is not incorporated by reference into these regulations. A state
permit may be required of certain facilities if the provisions of 9VAC5-50 and
9VAC5-80 apply. Owners should review those provisions and contact the
appropriate regional office for guidance on whether those provisions apply.)
Subpart RRRR - Reserved.
Subpart SSSS - Reserved.
Subpart TTTT - Reserved.
Appendix A - Test methods.
Appendix B - Performance specifications.
Appendix C - Determination of Emission Rate Change.
Appendix D - Required Emission Inventory Information.
Appendix E - Reserved.
Appendix F - Quality Assurance Procedures.
Appendix G - Not applicable.
Appendix H - Reserved.
Appendix I - Removable label and owner's manual.
Part II
Emission Standards
Article 1
Environmental Protection Agency National Emission Standards for Hazardous Air
Pollutants (Rule 6-1)
9VAC5-60-60. General.
The Environmental Protection Agency (EPA) Regulations on
National Emission Standards for Hazardous Air Pollutants (NESHAP), as
promulgated in 40 CFR Part 61 and designated in 9VAC5-60-70 are, unless
indicated otherwise, incorporated by reference into the regulations of the
board as amended by the word or phrase substitutions given in 9VAC5-60-80. The
complete text of the subparts in 9VAC5-60-70 incorporated in this regulation by
reference is contained in 40 CFR Part 61. The 40 CFR section numbers appearing under
each subpart in 9VAC5-60-70 identify the specific provisions of the subpart
incorporated by reference. The specific version of the provision adopted by
reference shall be that contained in the CFR (2019) (2020) in
effect July 1, 2019 2020. In making reference to the Code of
Federal Regulations, 40 CFR Part 61 means Part 61 of Title 40 of the Code of
Federal Regulations; 40 CFR 61.01 means 61.01 in Part 61 of Title 40 of the
Code of Federal Regulations.
Article 2
Environmental Protection Agency National Emission Standards for Hazardous Air
Pollutants for Source Categories (Rule 6-2)
9VAC5-60-90. General.
The Environmental Protection Agency (EPA) National Emission
Standards for Hazardous Air Pollutants for Source Categories (Maximum
Achievable Control Technologies, or MACTs) as promulgated in 40 CFR Part 63 and
designated in 9VAC5-60-100 are, unless indicated otherwise, incorporated by
reference into the regulations of the board as amended by the word or phrase
substitutions given in 9VAC5-60-110. The complete text of the subparts in
9VAC5-60-100 incorporated in this regulation by reference is contained in 40
CFR Part 63. The 40 CFR section numbers appearing under each subpart in
9VAC5-60-100 identify the specific provisions of the subpart incorporated by
reference. The specific version of the provision adopted by reference shall be
that contained in the CFR (2019) (2020) in effect July 1, 2019
2020. In making reference to the Code of Federal Regulations, 40 CFR
Part 63 means Part 63 of Title 40 of the Code of Federal Regulations; 40 CFR
63.1 means 63.1 in Part 63 of Title 40 of the Code of Federal Regulations.
VA.R. Doc. No. R21-6452; Filed September 23, 2020, 5:09 a.m.
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
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.
Titles of Regulations: 9VAC5-20. General Provisions (amending 9VAC5-20-21).
9VAC5-40. Existing Stationary Sources (amending 9VAC5-40-5970).
9VAC5-50. New and Modified Stationary Sources (amending 9VAC5-50-400, 9VAC5-50-410).
9VAC5-60. Hazardous Air Pollutant Sources (amending 9VAC5-60-60, 9VAC5-60-90).
Statutory Authority:
§ 10.1-1308 of the Code of Virginia; §§ 108, 109,
110, and 182 of the Clean Air Act; 40 CFR Parts 50, 53, and 58 (9VAC5-20-21).
§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123,
129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60
(9VAC5-40-5970, 9VAC5-50-400, 9VAC5-50-410, 9VAC5-60-60, 9VAC5-60-90).
Effective Date: November 11, 2020.
Agency Contact: Karen G. Sabasteanski, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4178, or email karen.sabasteanski@deq.virginia.gov.
Summary:
The amendments (i) update references to certain federal
regulations to reflect the Code of Federal Regulations as published on July 1,
2020; (ii) add two new source performance standards, Subpart XXX (Municipal
Solid Waste Landfills that Commenced Construction, Reconstruction, or
Modification After July 17, 2014) and Subpart OOOOa (Crude Oil and Natural Gas
Facilities for which Construction, Modification, or Reconstruction Commenced
after September 18, 2015) of 40 CFR Part 60; (iii) remove an outdated reference
to a specific version of a federal code citation relating to Article 43.1
(9VAC5-40-5925 et seq.) of 9VAC5-40; and (iv) update and correct an internal
reference to a federal standard affecting a specific stationary source
(landfills).
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 (2016) (2020) in
effect July 1, 2016 2020. For the purposes of Article 43.1
(9VAC5-40-5925 et seq.) of 9VAC5-40 (Existing Stationary Sources), EPA
regulations promulgated at Subpart Cf (40 CFR 60.30f et seq., Emission
Guidelines and Compliance Times for Municipal Solid Waste Landfills) of 40 CFR
Part 60, as published in the Federal Register of August 29, 2016 (81 FR 59276)
and effective on October 28, 2016, is the version incorporated by reference
into this article and Article 43.1. 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, 1111 East Main Street, Suite 1400, 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-1 -- Reference Measurement Principle and
Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere
(Ultraviolet Fluorescence Method).
(b) Appendix A-2 -- Reference Method for the Determination of
Sulfur Dioxide in the Atmosphere (Pararosaniline Method).
(c) Appendix B -- Reference Method for the Determination of
Suspended Particulate Matter in the Atmosphere (High-Volume Method).
(d) Appendix C -- Measurement Principle and Calibration
Procedure for the Continuous Measurement of Carbon Monoxide in the Atmosphere
(Non-Dispersive Infrared Photometry).
(e) Appendix D -- Measurement Principle and Calibration
Procedure for the Measurement of Ozone in the Atmosphere.
(f) Appendix E -- Reserved.
(g) Appendix F -- Measurement Principle and Calibration
Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase
Chemiluminescence).
(h) Appendix G -- Reference Method for the Determination of
Lead in Suspended Particulate Matter Collected from Ambient Air.
(i) Appendix H -- Interpretation of the National Ambient Air
Quality Standards for Ozone.
(j) Appendix I -- Interpretation of the 8-Hour Primary and
Secondary National Ambient Air Quality Standards for Ozone.
(k) Appendix J -- Reference Method for the Determination of
Particulate Matter as PM10 in the Atmosphere.
(l) Appendix K -- Interpretation of the National Ambient Air
Quality Standards for Particulate Matter.
(m) Appendix L -- Reference Method for the Determination of
Fine Particulate Matter as PM2.5 in the Atmosphere.
(n) Appendix M -- Reserved.
(o) Appendix N -- Interpretation of the National Ambient Air
Quality Standards for PM2.5.
(p) Appendix O -- Reference Method for the Determination of
Coarse Particulate Matter as PM in the Atmosphere.
(q) Appendix P -- Interpretation of the Primary and Secondary
National Ambient Air Quality Standards for Ozone.
(r) Appendix Q -- Reference Method for the Determination of
Lead in Suspended Particulate Matter as PM10 Collected from Ambient
Air.
(s) Appendix R -- Interpretation of the National Ambient Air
Quality Standards for Lead.
(t) Appendix S -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide).
(u) Appendix T -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide).
(v) Appendix U -- Interpretation of the Primary and Secondary
National Ambient Air Quality Standards for Ozone.
(2) 40 CFR Part 51 -- Requirements for Preparation, Adoption,
and Submittal of Implementation Plans.
(a) Appendix M -- Recommended Test Methods for State
Implementation Plans.
(b) Appendix S -- Emission Offset Interpretive Ruling.
(c) Appendix W -- Guideline on Air Quality Models (Revised).
(d) Appendix Y -- Guidelines for BART Determinations Under the
Regional Haze Rule.
(3) 40 CFR Part 55 -- Outer Continental Shelf Air Regulations,
except for §§ 55.5, 55.11, and 55.12.
(4) 40 CFR Part 58 -- Ambient Air Quality Surveillance.
Appendix A -- Quality Assurance Requirements for SLAMS, SPMs
and PSD Air Monitoring.
(5) 40 CFR Part 59 -- National Volatile Organic Compound
Emission Standards for Consumer and Commercial Products.
(a) Subpart C -- National Volatile Organic Compound Emission
Standards for Consumer Products.
(b) 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.
(6) 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 Stationary Sources).
(7) 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).
(8) 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).
(9) 40 CFR Part 64 -- Compliance Assurance Monitoring.
(10) 40 CFR Part 72 -- Permits Regulation.
(11) 40 CFR Part 73 -- Sulfur Dioxide Allowance System.
(12) 40 CFR Part 74 -- Sulfur Dioxide Opt-Ins.
(13) 40 CFR Part 75 -- Continuous Emission Monitoring.
(14) 40 CFR Part 76 -- Acid Rain Nitrogen Oxides Emission
Reduction Program.
(15) 40 CFR Part 77 -- Excess Emissions.
(16) 40 CFR Part 78 -- Appeal Procedures for Acid Rain
Program.
(17) 40 CFR Part 152 Subpart I -- Classification of
Pesticides.
(18) 49 CFR Part 172 -- Hazardous Materials Table. Special
Provisions, Hazardous Materials Communications, Emergency Response Information,
and Training Requirements, Subpart E, Labeling.
(19) 29 CFR Part 1926 Subpart F -- Fire Protection and
Prevention.
b. Copies may be obtained from Superintendent of Documents,
P.O. Box 371954, Pittsburgh, PA 15250-7954; telephone (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.
(3) "Guidelines for Determining Capture Efficiency"
(GD-35), Emissions Monitoring and Analysis Division, Office of Air Quality
Planning and Standards, January 9, 1995.
b. Copies of the document identified in subdivision E 2 a (1)
of this section, and Volume I and Supplements A through C of the document
identified in subdivision E 2 a (2) of this section, may be obtained from U.S.
Department of Commerce, National Technical Information Service, 5285 Port Royal
Road, Springfield, VA 22161; telephone 1-800-553-6847. Copies
of Supplements D and E of the document identified in subdivision E 2 a (2) of
this section may be obtained online from EPA's Technology Transfer Network at
http://www.epa.gov/ttn/index.html. Copies of the document identified in
subdivision E 2 a (3) of this section are only available online from EPA's
Technology Transfer Network at http://www.epa.gov/ttn/emc/guidlnd.html.
3. United States government.
a. The following document from the United States 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, PA 15250-7954; telephone (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) D86-04b, "Standard Test Method for
Distillation of Petroleum Products at Atmospheric Pressure" (2004).
(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."
(23) F852-99, "Standard Specification for Portable
Gasoline Containers for Consumer Use" (reapproved 2006).
(24) F976-02, "Standard Specification for Portable
Kerosine and Diesel Containers for Consumer Use."
(25) D4457-02, "Standard Test Method for
Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and
Coatings by Direct Injection into a Gas Chromatograph" (reapproved 2008).
(26) D3792-05, "Standard Test Method for Water
Content of Coatings by Direct Injection Into a Gas Chromatograph."
(27) D2879-97, "Standard Test Method for Vapor
Pressure-Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope" (reapproved 2007).
b. Copies may be obtained from American Society for Testing
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; telephone
(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, DC 20005; telephone (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, OH 45240; telephone (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, MA 02269-9101;
telephone (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, NY 10016; telephone (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; telephone (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, telephone (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).
(4) Method 304-91, "Determination of Volatile
Organic Compounds (VOC) in Various Materials," in Manual SSMLLABM,
"Laboratory Methods of Analysis for Enforcement Samples" (1996).
(5) Method 316A-92, "Determination of Volatile
Organic Compounds (VOC) in Materials Used for Pipes and Fittings" in
Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement
Samples" (1996).
(6) "General Test Method for Determining Solvent Losses
from Spray Gun Cleaning Systems," October 3, 1989.
b. Copies may be obtained from South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, telephone
(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) Method 100, "Procedures for Continuous Gaseous
Emission Stack Sampling" (July 28, 1997).
(4) Test Method 513, "Determination of Permeation Rate
for Spill-Proof Systems" (July 6, 2000).
(5) Method 310, "Determination of Volatile Organic
Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol
Coating Products (Including Appendices A and B)" (May 5, 2005).
(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).
(9) "Certification Procedure 501 for Portable Fuel
Containers and Spill-Proof Spouts, CP-501" (July 26, 2006).
(10) "Test Procedure for Determining Integrity of
Spill-Proof Spouts and Spill-Proof Systems, TP-501" (July 26, 2006).
(11) "Test Procedure for Determining Diurnal Emissions
from Portable Fuel Containers, TP-502" (July 26, 2006).
b. Copies may be obtained from California Air Resources Board,
P.O. Box 2815, Sacramento, CA 95812, telephone (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, telephone (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; telephone (336)
884-5000.
15. Petroleum Equipment Institute.
a. The following document from the Petroleum Equipment
Institute is incorporated herein by reference: Recommended Practices for
Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites,
PEI/RP300-09 (2009).
b. Copies may be obtained from Petroleum Equipment Institute,
6931 S. 66th E. Avenue, Suite 310, Tulsa, OK 74133; telephone (918) 494-9696;
www.pei.org.
16. American Architectural Manufacturers Association (AAMA).
a. The following documents from the American Architectural
Manufacturers Association are incorporated herein by reference:
(1) Voluntary Specification, Performance Requirements and Test
Procedures for High Performance Organic Coatings on Aluminum Extrusions and
Panels, publication number AAMA 2604-05.
(2) Voluntary Specification, Performance Requirements and Test
Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and
Panels, publication number AAMA 2605-05.
b. Copies may be obtained from American Architectural
Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL
60173-4268; telephone (847) 303-5774.
9VAC5-40-5970. Reporting and recordkeeping.
A. With regard to the emissions standards in 9VAC5-40-5940
and 9VAC5-40-5945, the provisions of 9VAC5-40-50 (Notification, records and
reporting) apply.
B. With regard to the emission limits in 9VAC5-40-5935 and
9VAC5-40-5955, the following provisions apply:
1. 9VAC5-40-50 F and H;
2. 40 CFR 60.7; and
3. 40 CFR 60.38f(a) through (m) (n) except as
provided in 40 CFR 60.24 and 40 CFR 60.38f(d)(2), and 40 CFR 60.39f(a) through
(j).
Article 5
Environmental Protection Agency Standards of Performance for New Stationary
Sources (Rule 5-5)
9VAC5-50-400. General.
The U.S. Environmental Protection Agency Regulations on
Standards of Performance for New Stationary Sources (NSPSs), as promulgated in
40 CFR Part 60 and designated in 9VAC5-50-410 are, unless indicated otherwise,
incorporated by reference into the regulations of the board as amended by the
word or phrase substitutions given in 9VAC5-50-420. The complete text of the
subparts in 9VAC5-50-410 incorporated in this regulation by reference is
contained in 40 CFR Part 60. The 40 CFR section numbers appearing under each
subpart in 9VAC5-50-410 identify the specific provisions of the subpart
incorporated by reference. The specific version of the provision adopted by
reference shall be that contained in the CFR (2019) (2020) in
effect July 1, 2019 2020. In making reference to the Code of
Federal Regulations, 40 CFR Part 60 means Part 60 of Title 40 of the Code of
Federal Regulations; 40 CFR 60.1 means 60.1 in Part 60 of Title 40 of the Code
of Federal Regulations.
9VAC5-50-410. Designated standards of performance.
Subpart A - General Provisions.
40 CFR 60.1 through 40 CFR 60.3, 40 CFR 60.7, 40 CFR 60.8, 40
CFR 60.11 through 40 CFR 60.15, 40 CFR 60.18 through 40 CFR 60.19
(applicability, definitions, units and abbreviations,
notification and recordkeeping, performance tests, compliance, circumvention,
monitoring requirements, modification, reconstruction, general control device
requirements, and general notification and reporting requirements)
Subpart B - Not applicable.
Subpart C - Not applicable.
Subpart Ca - Reserved.
Subpart Cb - Not applicable.
Subpart Cc - Not applicable.
Subpart Cd - Not applicable.
Subpart Ce - Not applicable.
Subpart D - Fossil Fuel-Fired Steam Generators.
40 CFR 60.40 through 40 CFR 60.46
(fossil fuel-fired steam generating units of more than 250
million Btu per hour heat input rate and fossil fuel-fired and wood
residue-fired steam generating units capable of firing fossil fuel at a heat
input rate of more than 250 million Btu per hour)
Subpart Da - Electric Utility
Steam Generating Units.
40 CFR 60.40Da through 40 CFR 60.52Da
(electric utility steam generating units capable of combusting
more than 250 million Btu per hour heat input of fossil fuel (either alone or
in combination with any other fuel), and for which construction,
reconstruction, or modification is commenced after September 18, 1978)
Subpart Db - Industrial-Commercial-Institutional Steam
Generating Units.
40 CFR 60.40b through 40 CFR 60.49b
(industrial-commercial-institutional steam generating units
which have a heat input capacity from combusted fuels of more than 100 million
Btu per hour)
Subpart Dc - Small Industrial-Commercial-Institutional Steam
Generating Units.
40 CFR 60.40c through 40 CFR 60.48c
(industrial-commercial-institutional steam generating units
which have a heat input capacity of 100 million Btu per hour or less, but
greater than or equal to 10 million Btu per hour)
Subpart E - Incinerators.
40 CFR 60.50 through 40 CFR 60.54
(incinerator units of more than 50 tons per day charging rate)
Subpart Ea - Municipal Waste Combustors for which Construction
is Commenced after December 20, 1989, and on or before September 20, 1994.
40 CFR 60.50a through 40 CFR 60.59a
(municipal waste combustor units with a capacity greater than
250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Eb - Large Municipal Combustors for which Construction
is Commenced after September 20, 1994, or for which Modification or Reconstruction
is Commenced after June 19, 1996.
40 CFR 60.50b through 40 CFR 60.59b
(municipal waste combustor units with a capacity greater than
250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Ec - Hospital/Medical/Infectious Waste Incinerators for
which Construction is Commenced after June 20, 1996.
40 CFR 60.50c through 40 CFR 60.58c
(hospital/medical/infectious waste incinerators that combust
any amount of hospital waste and medical/infectious waste or both)
Subpart F - Portland Cement Plants.
40 CFR 60.60 through 40 CFR 60.66
(kilns, clinker coolers, raw mill systems, finish mill
systems, raw mill dryers, raw material storage, clinker storage, finished
product storage, conveyor transfer points, bagging and bulk loading and
unloading systems)
Subpart G - Nitric Acid Plants.
40 CFR 60.70 through 40 CFR 60.74
(nitric acid production units)
Subpart Ga - Nitric Acid Plants for which Construction,
Reconstruction, or Modification Commenced after October 14, 2011.
40 CFR 60.70a through 40 CFR 60.77a
(nitric acid production units producing weak nitric acid by
either the pressure or atmospheric pressure process)
Subpart H - Sulfuric Acid Plants.
40 CFR 60.80 through 40 CFR 60.85
(sulfuric acid production units)
Subpart I - Hot Mix Asphalt Facilities.
40 CFR 60.90 through 40 CFR 60.93
(dryers; systems for screening, handling, storing and weighing
hot aggregate; systems for loading, transferring and storing mineral filler;
systems for mixing asphalt; and the loading, transfer and storage systems
associated with emission control systems)
Subpart J - Petroleum Refineries.
40 CFR 60.100 through 40 CFR 60.106
(fluid catalytic cracking unit catalyst regenerators, fluid
catalytic cracking unit incinerator-waste heat boilers and fuel gas combustion
devices)
Subpart Ja - Petroleum Refineries for which Construction,
Reconstruction, or Modification Commenced after May 14, 2007.
40 CFR 60.100a through 40 CFR 60.109a
(fluid catalytic cracking units, fluid coking units, delayed
coking units, fuel gas combustion devices, including flares and process
heaters, and sulfur recovery plants)
Subpart K - Storage Vessels for Petroleum Liquids for which
Construction, Reconstruction, or Modification Commenced after June 11, 1973,
and prior to May 19, 1978.
40 CFR 60.110 through 40 CFR 60.113
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Ka - Storage Vessels for Petroleum Liquids for which
Construction, Reconstruction, or Modification Commenced after May 18, 1978, and
prior to July 23, 1984.
40 CFR 60.110a through 40 CFR 60.115a
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Kb - Volatile Organic Liquid Storage Vessels (Including
Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or
Modification Commenced after July 23, 1984.
40 CFR 60.110b through 40 CFR 60.117b
(storage vessels with capacity greater than or equal to 10,566
gallons)
Subpart L - Secondary Lead Smelters.
40 CFR 60.120 through 40 CFR 60.123
(pot furnaces of more than 550 pound charging capacity, blast
(cupola) furnaces and reverberatory furnaces)
Subpart M - Secondary Brass and Bronze Production Plants.
40 CFR 60.130 through 40 CFR 60.133
(reverberatory and electric furnaces of 2205 pound or greater
production capacity and blast (cupola) furnaces of 550 pounds per hour or
greater production capacity)
Subpart N - Primary Emissions from Basic Oxygen Process
Furnaces for which Construction is Commenced after June 11, 1973.
40 CFR 60.140 through 40 CFR 60.144
(basic oxygen process furnaces)
Subpart Na - Secondary Emissions from Basic Oxygen Process
Steelmaking Facilities for which Construction is Commenced after January 20,
1983.
40 CFR 60.140a through 40 CFR 60.145a
(facilities in an iron and steel plant: top-blown BOPFs and
hot metal transfer stations and skimming stations used with bottom-blown or
top-blown BOPFs)
Subpart O - Sewage Treatment Plants.
40 CFR 60.150 through 40 CFR 60.154
(incinerators that combust wastes containing more than 10%
sewage sludge (dry basis) produced by municipal sewage treatment plants or
incinerators that charge more than 2205 pounds per day municipal sewage sludge
(dry basis))
Subpart P - Primary Copper Smelters.
40 CFR 60.160 through 40 CFR 60.166
(dryers, roasters, smelting furnaces, and copper converters)
Subpart Q - Primary Zinc Smelters.
40 CFR 60.170 through 40 CFR 60.176
(roasters and sintering machines)
Subpart R - Primary Lead Smelters
40 CFR 60.180 through 40 CFR 60.186
(sintering machines, sintering machine discharge ends, blast
furnaces, dross reverberatory furnaces, electric smelting furnaces and
converters)
Subpart S - Primary Aluminum Reduction Plants.
40 CFR 60.190 through 40 CFR 60.195
(potroom groups and anode bake plants)
Subpart T - Phosphate Fertilizer Industry: Wet-Process
Phosphoric Acid Plants.
40 CFR 60.200 through 40 CFR 60.205
(reactors, filters, evaporators, and hot wells)
Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid
Plants.
40 CFR 60.210 through 40 CFR 60.215
(evaporators, hot wells, acid sumps, and cooling tanks)
Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate
Plants.
40 CFR 60.220 through 40 CFR 60.225
(reactors, granulators, dryers, coolers, screens, and mills)
Subpart W - Phosphate Fertilizer Industry: Triple
Superphosphate Plants.
40 CFR 60.230 through 40 CFR 60.235
(mixers, curing belts (dens), reactors, granulators, dryers,
cookers, screens, mills, and facilities which store run-of-pile triple
superphosphate)
Subpart X - Phosphate Fertilizer Industry: Granular Triple
Superphosphate Storage Facilities.
40 CFR 60.240 through 40 CFR 60.245
(storage or curing piles, conveyors, elevators, screens and
mills)
Subpart Y - Coal Preparation and Processing Plants.
40 CFR 60.250 through 40 CFR 60.258
(plants which process more than 200 tons per day: thermal
dryers, pneumatic coal-cleaning equipment (air tables), coal processing and
conveying equipment (including breakers and crushers), coal storage systems,
and coal transfer and loading systems)
Subpart Z - Ferroalloy Production Facilities.
40 CFR 60.260 through 40 CFR 60.266
(electric submerged arc furnaces which produce silicon metal,
ferrosilicon, calcium silicon, silicomanganese zirconium, ferrochrome silicon,
silvery iron, high-carbon ferrochrome, charge chrome, standard ferromanganese,
silicomanganese, ferromanganese silicon or calcium carbide; and dust-handling
equipment)
Subpart AA - Steel Plants: Electric Arc Furnaces Constructed
after October 21, 1974, and on or before August 17, 1983.
40 CFR 60.270 through 40 CFR 60.276
(electric arc furnaces and dust-handling systems that produce
carbon, alloy or specialty steels)
Subpart AAa - Steel Plants: Electric Arc Furnaces and
Argon-Oxygen Decarburization Vessels Constructed after August 17, 1983.
40 CFR 60.270a through 40 CFR 60.276a
(electric arc furnaces, argon-oxygen decarburization vessels,
and dust-handling systems that produce carbon, alloy, or specialty steels)
Subpart BB - Kraft Pulp Mills.
40 CFR 60.280 through 40 CFR 60.285
(digester systems, brown stock washer systems, multiple effect
evaporator systems, black liquor oxidation systems, recovery furnaces, smelt
dissolving tanks, lime kilns, condensate strippers and kraft pulping
operations)
Subpart BBa - Kraft Pulp Mill Affected Sources for which
Construction, Reconstruction, or Modification Commenced after May 23, 2013.
40 CFR 60.280a through 40 CFR 60.288a
(digester systems, brown stock washer systems, multiple effect
evaporator systems, black liquor oxidation systems, recovery furnaces, smelt
dissolving tanks, lime kilns, condensate strippers, and kraft pulping
operations)
Subpart CC - Glass Manufacturing Plants.
40 CFR 60.290 through 40 CFR 60.296
(glass melting furnaces)
Subpart DD - Grain Elevators.
40 CFR 60.300 through 40 CFR 60.304
(grain terminal elevators/grain storage elevators: truck
unloading stations, truck loading stations, barge and ship unloading stations,
barge and ship loading stations, railcar unloading stations, railcar loading
stations, grain dryers, and all grain handling operations)
Subpart EE - Surface Coating of
Metal Furniture.
40 CFR 60.310 through 40 CFR 60.316
(metal furniture surface coating operations in which organic
coatings are applied)
Subpart FF - Reserved.
Subpart GG - Stationary Gas Turbines.
40 CFR 60.330 through 40 CFR 60.335
(stationary gas turbines with a heat input at peak load equal
to or greater than 10 million Btu per hour, based on the lower heating value of
the fuel fired)
Subpart HH - Lime Manufacturing Plants.
40 CFR 60.340 through 40 CFR 60.344
(each rotary lime kiln)
Subparts II through JJ - Reserved.
Subpart KK - Lead-Acid Battery Manufacturing Plants.
40 CFR 60.370 through 40 CFR 60.374
(lead-acid battery manufacturing plants that produce or have
the design capacity to produce in one day (24 hours) batteries containing an
amount of lead equal to or greater than 6.5 tons: grid casting facilities,
paste mixing facilities, three-process operation facilities, lead oxide
manufacturing facilities, lead reclamation facilities, and other lead-emitting
operations)
Subpart LL - Metallic Mineral Processing Plants.
40 CFR 60.380 through 40 CFR 60.386
(each crusher and screen in
open-pit mines; each crusher, screen, bucket elevator, conveyor belt transfer
point, thermal dryer, product packaging station, storage bin, enclosed storage
area, truck loading station, truck unloading station, railcar loading station,
and railcar unloading station at the mill or concentrator with the following
exceptions. All facilities located in underground mines are exempted from the
provisions of this subpart. At uranium ore processing plants, all facilities
subsequent to and including the beneficiation of uranium ore are exempted from
the provisions of this subpart)
Subpart MM - Automobile and Light Duty Truck Surface Coating
Operations.
40 CFR 60.390 through 40 CFR 60.397
(prime coat operations, guide coat operations, and top-coat
operations)
Subpart NN - Phosphate Rock Plants.
40 CFR 60.400 through 40 CFR 60.404
(phosphate rock plants which have a maximum plant production
capacity greater than four tons per hour: dryers, calciners, grinders, and
ground rock handling and storage facilities, except those facilities producing
or preparing phosphate rock solely for consumption in elemental phosphorous
production)
Subpart OO - Reserved.
Subpart PP - Ammonium Sulfate Manufacture.
40 CFR 60.420 through 40 CFR 60.424
(ammonium sulfate dryer within an ammonium sulfate manufacturing
plant in the caprolactam by-product, synthetic, and coke oven by-product
sectors of the ammonium sulfate industry)
Subpart QQ - Graphic Arts Industry: Publication Rotogravure
Printing.
40 CFR 60.430 through 40 CFR 60.435
(publication rotogravure printing presses, except proof
presses)
Subpart RR - Pressure Sensitive Tape and Label Surface Coating
Operations.
40 CFR 60.440 through 40 CFR 60.447
(pressure sensitive tape and label material coating lines)
Subpart SS - Industrial Surface Coating: Large Appliances.
40 CFR 60.450 through 40 CFR 60.456
(surface coating operations in large appliance coating lines)
Subpart TT - Metal Coil Surface Coating.
40 CFR 60.460 through 40 CFR 60.466
(metal coil surface coating operations: each prime coat
operation, each finish coat operation, and each prime and finish coat operation
combined when the finish coat is applied wet on wet over the prime coat and
both coatings are cured simultaneously)
Subpart UU - Asphalt Processing and Asphalt Roofing
Manufacture.
40 CFR 60.470 through 40 CFR
60.474
(each saturator and each mineral
handling and storage facility at asphalt roofing plants; and each asphalt
storage tank and each blowing still at asphalt processing plants, petroleum
refineries, and asphalt roofing plants)
Subpart VV - Equipment Leaks of
Volatile Organic Compounds in the Synthetic Organic Chemicals Manufacturing
Industry for which Construction, Reconstruction, or Modification Commenced after
January 5, 1981, and on or before November 7, 2006.
40
CFR 60.480 through 40 CFR 60.489
(all equipment within a process
unit in a synthetic organic chemicals manufacturing plant)
Subpart VVa - Equipment Leaks of VOC in the Synthetic Organic
Chemicals Manufacturing Industry for which Construction, Reconstruction, or
Modification Commenced after November 7, 2006.
40 CFR 60.480a through 40 CFR 60.489a
(all equipment within a process unit in a synthetic organic
chemicals manufacturing plant)
Subpart WW - Beverage Can Surface Coating Industry.
40 CFR 60.490 through 40 CFR 60.496
(beverage can surface coating lines: each exterior base coat
operation, each overvarnish coating operation, and each inside spray coating
operation)
Subpart XX - Bulk Gasoline Terminals.
40 CFR 60.500 through 40 CFR 60.506
(total of all loading racks at a bulk gasoline terminal which
deliver liquid product into gasoline tank trucks)
Subparts YY through ZZ - Reserved.
Subpart AAA - New Residential Wood Heaters.
40 CFR 60.530 through 40 CFR 60.539b
(NOTE: In accordance with Chapter 471 of the 2015 Acts of
Assembly, authority to enforce the above standard is being retained by EPA and
the standard is not incorporated by reference into these regulations. A state
permit may be required of certain facilities if the provisions of 9VAC5-50 and
9VAC5-80 apply. Owners should review those provisions and contact the
appropriate regional office for guidance on whether those provisions apply.)
Subpart BBB - Rubber Tire Manufacturing Industry.
40 CFR 60.540 through 40 CFR 60.548
(each undertread cementing operation, each sidewall cementing
operation, each tread end cementing operation, each bead cementing operation,
each green tire spraying operation, each Michelin-A operation, each Michelin-B
operation, and each Michelin-C automatic operation)
Subpart CCC - Reserved.
Subpart DDD - Volatile Organic Compound (VOC) Emissions from
the Polymer Manufacturing Industry.
40 CFR 60.560 through 40 CFR 60.566
(for polypropylene and polyethylene manufacturing using a
continuous process that emits continuously or intermittently: all equipment
used in the manufacture of these polymers. For polystyrene manufacturing using
a continuous process that emits continuously: each material recovery section.
For poly(ethylene terephthalate) manufacturing using a continuous process that
emits continuously: each polymerization reaction section; if dimethyl
terephthalate is used in the process, each material recovery section is also an
affected facility; if terephthalic acid is used in the process, each raw
materials preparation section is also an affected facility. For VOC emissions
from equipment leaks: each group of fugitive emissions equipment within any
process unit, excluding poly(ethylene terephthalate) manufacture.)
Subpart EEE - Reserved.
Subpart FFF - Flexible Vinyl and Urethane Coating and Printing.
40 CFR 60.580 through 40 CFR 60.585
(each rotogravure printing line used to print or coat flexible
vinyl or urethane products)
Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries
for which Construction, Reconstruction, or Modification Commenced after January
4, 1983, and on or before November 7, 2006.
40 CFR 60.590 through 40 CFR 60.593
(each compressor, valve, pump pressure relief device, sampling
connection system, open-ended valve or line, and flange or other connector in
VOC service)
Subpart GGGa - Equipment Leaks of VOC in Petroleum Refineries
for which Construction, Reconstruction, or Modification Commenced after November
7, 2006.
40 CFR 60.590a through 40 CFR 60.593a
(each compressor, valve, pump pressure relief device, sampling
connection system, open-ended valve or line, and flange or other connector in
VOC service)
Subpart HHH - Synthetic Fiber Production Facilities.
40 CFR 60.600 through 40 CFR 60.604
(each solvent-spun synthetic fiber process that produces more
than 500 megagrams of fiber per year)
Subpart III - Volatile Organic Compound (VOC) Emissions from
the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation
Unit Processes.
40 CFR 60.610 through 40 CFR 60.618
(each air oxidation reactor not discharging its vent stream
into a recovery system and each combination of an air oxidation reactor or two
or more air oxidation reactors and the recovery system into which the vent
streams are discharged)
Subpart JJJ - Petroleum Dry
Cleaners.
40 CFR 60.620 through 40 CFR 60.625
(facilities located at a petroleum dry cleaning plant with a
total manufacturers' rated dryer capacity equal to or greater than 84 pounds:
petroleum solvent dry cleaning dryers, washers, filters, stills, and settling
tanks)
Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas
Processing Plants for which Construction, Reconstruction, or Modification
Commenced after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.630 through 40 CFR 60.636
(each compressor in VOC service or in wet gas service; each
pump, pressure relief device, open-ended valve or line, valve, and flange or
other connector that is in VOC service or in wet gas service, and any device or
system required by this subpart)
Subpart LLL - Sulfur Dioxide Emissions from Onshore Natural Gas
Processing for which Construction, Reconstruction, or Modification Commenced
after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.640 through 40 CFR 60.648
(facilities that process natural gas: each sweetening unit,
and each sweetening unit followed by a sulfur recovery unit)
Subpart MMM - Reserved.
Subpart NNN - Volatile Organic Compound (VOC) Emissions from
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation
Operations.
40 CFR 60.660 through 40 CFR 60.668
(each distillation unit not discharging its vent stream into a
recovery system, each combination of a distillation unit or of two or more
units and the recovery system into which their vent streams are discharged)
Subpart OOO - Nonmetallic Mineral Processing Plants.
40 CFR 60.670 through 40 CFR 60.676
(facilities in fixed or portable nonmetallic mineral
processing plants: each crusher, grinding mill, screening operation, bucket
elevator, belt conveyor, bagging operation, storage bin, enclosed truck or railcar
loading station)
Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants.
40 CFR 60.680 through 40 CFR 60.685
(each rotary spin wool fiberglass insulation manufacturing
line)
Subpart QQQ - VOC Emissions from Petroleum Refinery Wastewater
Systems.
40 CFR 60.690 through 40 CFR 60.699
(individual drain systems, oil-water separators, and aggregate
facilities in petroleum refineries)
Subpart RRR - Volatile Organic Compound Emissions from
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes.
40 CFR 60.700 through 40 CFR 60.708
(each reactor process not discharging its vent stream into a
recovery system, each combination of a reactor process and the recovery system
into which its vent stream is discharged, and each combination of two or more
reactor processes and the common recovery system into which their vent streams
are discharged)
Subpart SSS - Magnetic Tape Coating Facilities.
40 CFR 60.710 through 40 CFR 60.718
(each coating operation and each piece of coating mix
preparation equipment)
Subpart TTT - Industrial Surface Coating: Surface Coating of
Plastic Parts for Business Machines.
40 CFR 60.720 through 40 CFR 60.726
(each spray booth in which plastic parts for use in the
manufacture of business machines receive prime coats, color coats, texture
coats, or touch-up coats)
Subpart UUU - Calciners and Dryers in Mineral Industries.
40 CFR 60.730 through 40 CFR 60.737
(each calciner and dryer at a mineral processing plant)
Subpart VVV - Polymeric Coating of Supporting Substrates
Facilities.
40 CFR 60.740 through 40 CFR 60.748
(each coating operation and any onsite coating mix preparation
equipment used to prepare coatings for the polymeric coating of supporting
substrates)
Subpart WWW - Municipal Solid Waste Landfills.
40 CFR 60.750 through 40 CFR 60.759
(municipal solid waste landfills for the containment of
household and Resource Conservation and Recovery Act (RCRA) Subtitle D wastes)
Subpart XXX - Municipal Solid Waste Landfills that Commenced
Construction, Reconstruction, or Modification After July 17, 2014
40 CFR 60.760 through 40 CFR 60.769
(municipal solid waste landfills for the containment of
household and RCRA Subtitle D wastes)
Subpart AAAA - Small Municipal
Waste Combustors for which Construction is Commenced after August 30, 1999, or
for which Modification or Reconstruction is Commenced after June 6, 2001.
40 CFR 60.1000 through 40 CFR 60.1465
(municipal waste combustor units with a capacity less than 250
tons per day and greater than 35 tons per day of municipal solid waste or
refuse-derived fuel)
Subpart BBBB - Not applicable.
Subpart CCCC - Commercial/Industrial Solid Waste Incinerators.
40 CFR 60.2000 through 40 CFR 60.2265
(an enclosed device using controlled flame combustion without
energy recovery that is a distinct operating unit of any commercial or
industrial facility, or an air curtain incinerator without energy recovery that
is a distinct operating unit of any commercial or industrial facility)
Subpart DDDD - Not applicable.
Subpart EEEE - Other Solid Waste Incineration Units for which
Construction is Commenced after December 9, 2004, or for which Modification or
Reconstruction is Commenced on or after June 16, 2006.
40 CFR 60.2880 through 40 CFR 60.2977
(very small municipal waste combustion units with the capacity
to combust less than 35 tons per day of municipal solid waste or refuse-derived
fuel, and institutional waste incineration units owned or operated by an
organization having a governmental, educational, civic, or religious purpose)
Subpart FFFF - Reserved.
Subpart GGGG - Reserved.
Subpart HHHH - Reserved.
Subpart IIII - Stationary Compression Ignition Internal
Combustion Engines.
40 CFR 60.4200 through 40 CFR 60.4219
(NOTE: Authority to enforce the above standard is being
retained by EPA and the standard is not incorporated by reference into these
regulations for any source that is not (i) a major source as defined in
9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating
Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary
Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to
Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain
Sources) of Part II of 9VAC5-80.)
Subpart JJJJ - Stationary Spark
Ignition Internal Combustion Engines.
40 CFR 60.4230 through 40 CFR 60.4248
(NOTE: Authority to enforce the above standard is being
retained by EPA and the standard is not incorporated by reference into these
regulations for any source that is not (i) a major source as defined in
9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating
Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary
Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to
Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain
Sources) of Part II of 9VAC5-80.)
Subpart KKKK - Stationary Combustion Turbines.
40 CFR 60.4300 through 40 CFR 60.4420
(stationary combustion turbine with a heat input at peak load
equal to or greater than 10.7 gigajoules (10 MMBtu) per hour)
Subpart LLLL - Sewage Sludge Incineration Units.
40 CFR 60.4760 through 40 CFR 60.4925
(an incineration unit combusting sewage sludge for the purpose
of reducing the volume of the sewage sludge by removing combustible matter,
including the sewage sludge feed system, auxiliary fuel feed system, grate
system, flue gas system, waste heat recovery equipment, and bottom ash system;
and all ash handling systems connected with the bottom ash handling system)
Subpart MMMM - Reserved.
Subpart NNNN - Reserved.
Subpart OOOO - Crude Oil and Natural Gas Production,
Transmission and Distribution for which Construction, Modification, or
Reconstruction Commenced after August 23, 2011, and on or before September 18,
2015.
40 CFR 60.5360 through 40 CFR 60.5499
(facilities that operate gas wells, centrifugal compressors,
reciprocating compressors, pneumatic controllers, and storage vessels)
Subpart OOOOa - Crude Oil and Natural Gas Facilities for which Construction,
Modification, or Reconstruction Commenced after September 18, 2015.
40 CFR 60.5360a through 40 CFR 60.5499a
(NOTE: Authority to enforce the above standard is being
retained by EPA and it is not incorporated by reference into these regulations
for any source that is not (i) a major source as defined in 9VAC5-80-60 and
subject to Article 1 (9VAC5-80-50 et seq., Federal Operating Permits for
Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary Sources) or
(ii) an affected source as defined in 9VAC5-80-370 and subject to Article 3
(9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain Sources) of Part
II of 9VAC5-80. (facilities that operate gas wells, centrifugal
compressors, reciprocating compressors, pneumatic controllers and pumps,
storage vessels, and sweetening units)
Subpart PPPP - Reserved.
Subpart QQQQ - New Residential Hydronic Heaters and Forced-Air
Furnaces
40 CFR 60.5472 through 40 CFR 60.5483
(NOTE: In accordance with Chapter 471 of the 2015 Acts of
Assembly, authority to enforce the above standard is being retained by EPA and
the standard is not incorporated by reference into these regulations. A state
permit may be required of certain facilities if the provisions of 9VAC5-50 and
9VAC5-80 apply. Owners should review those provisions and contact the
appropriate regional office for guidance on whether those provisions apply.)
Subpart RRRR - Reserved.
Subpart SSSS - Reserved.
Subpart TTTT - Reserved.
Appendix A - Test methods.
Appendix B - Performance specifications.
Appendix C - Determination of Emission Rate Change.
Appendix D - Required Emission Inventory Information.
Appendix E - Reserved.
Appendix F - Quality Assurance Procedures.
Appendix G - Not applicable.
Appendix H - Reserved.
Appendix I - Removable label and owner's manual.
Part II
Emission Standards
Article 1
Environmental Protection Agency National Emission Standards for Hazardous Air
Pollutants (Rule 6-1)
9VAC5-60-60. General.
The Environmental Protection Agency (EPA) Regulations on
National Emission Standards for Hazardous Air Pollutants (NESHAP), as
promulgated in 40 CFR Part 61 and designated in 9VAC5-60-70 are, unless
indicated otherwise, incorporated by reference into the regulations of the
board as amended by the word or phrase substitutions given in 9VAC5-60-80. The
complete text of the subparts in 9VAC5-60-70 incorporated in this regulation by
reference is contained in 40 CFR Part 61. The 40 CFR section numbers appearing under
each subpart in 9VAC5-60-70 identify the specific provisions of the subpart
incorporated by reference. The specific version of the provision adopted by
reference shall be that contained in the CFR (2019) (2020) in
effect July 1, 2019 2020. In making reference to the Code of
Federal Regulations, 40 CFR Part 61 means Part 61 of Title 40 of the Code of
Federal Regulations; 40 CFR 61.01 means 61.01 in Part 61 of Title 40 of the
Code of Federal Regulations.
Article 2
Environmental Protection Agency National Emission Standards for Hazardous Air
Pollutants for Source Categories (Rule 6-2)
9VAC5-60-90. General.
The Environmental Protection Agency (EPA) National Emission
Standards for Hazardous Air Pollutants for Source Categories (Maximum
Achievable Control Technologies, or MACTs) as promulgated in 40 CFR Part 63 and
designated in 9VAC5-60-100 are, unless indicated otherwise, incorporated by
reference into the regulations of the board as amended by the word or phrase
substitutions given in 9VAC5-60-110. The complete text of the subparts in
9VAC5-60-100 incorporated in this regulation by reference is contained in 40
CFR Part 63. The 40 CFR section numbers appearing under each subpart in
9VAC5-60-100 identify the specific provisions of the subpart incorporated by
reference. The specific version of the provision adopted by reference shall be
that contained in the CFR (2019) (2020) in effect July 1, 2019
2020. In making reference to the Code of Federal Regulations, 40 CFR
Part 63 means Part 63 of Title 40 of the Code of Federal Regulations; 40 CFR
63.1 means 63.1 in Part 63 of Title 40 of the Code of Federal Regulations.
VA.R. Doc. No. R21-6452; Filed September 23, 2020, 5:09 a.m.
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
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.
Titles of Regulations: 9VAC5-20. General Provisions (amending 9VAC5-20-21).
9VAC5-40. Existing Stationary Sources (amending 9VAC5-40-5970).
9VAC5-50. New and Modified Stationary Sources (amending 9VAC5-50-400, 9VAC5-50-410).
9VAC5-60. Hazardous Air Pollutant Sources (amending 9VAC5-60-60, 9VAC5-60-90).
Statutory Authority:
§ 10.1-1308 of the Code of Virginia; §§ 108, 109,
110, and 182 of the Clean Air Act; 40 CFR Parts 50, 53, and 58 (9VAC5-20-21).
§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123,
129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60
(9VAC5-40-5970, 9VAC5-50-400, 9VAC5-50-410, 9VAC5-60-60, 9VAC5-60-90).
Effective Date: November 11, 2020.
Agency Contact: Karen G. Sabasteanski, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4178, or email karen.sabasteanski@deq.virginia.gov.
Summary:
The amendments (i) update references to certain federal
regulations to reflect the Code of Federal Regulations as published on July 1,
2020; (ii) add two new source performance standards, Subpart XXX (Municipal
Solid Waste Landfills that Commenced Construction, Reconstruction, or
Modification After July 17, 2014) and Subpart OOOOa (Crude Oil and Natural Gas
Facilities for which Construction, Modification, or Reconstruction Commenced
after September 18, 2015) of 40 CFR Part 60; (iii) remove an outdated reference
to a specific version of a federal code citation relating to Article 43.1
(9VAC5-40-5925 et seq.) of 9VAC5-40; and (iv) update and correct an internal
reference to a federal standard affecting a specific stationary source
(landfills).
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 (2016) (2020) in
effect July 1, 2016 2020. For the purposes of Article 43.1
(9VAC5-40-5925 et seq.) of 9VAC5-40 (Existing Stationary Sources), EPA
regulations promulgated at Subpart Cf (40 CFR 60.30f et seq., Emission
Guidelines and Compliance Times for Municipal Solid Waste Landfills) of 40 CFR
Part 60, as published in the Federal Register of August 29, 2016 (81 FR 59276)
and effective on October 28, 2016, is the version incorporated by reference
into this article and Article 43.1. 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, 1111 East Main Street, Suite 1400, 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-1 -- Reference Measurement Principle and
Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere
(Ultraviolet Fluorescence Method).
(b) Appendix A-2 -- Reference Method for the Determination of
Sulfur Dioxide in the Atmosphere (Pararosaniline Method).
(c) Appendix B -- Reference Method for the Determination of
Suspended Particulate Matter in the Atmosphere (High-Volume Method).
(d) Appendix C -- Measurement Principle and Calibration
Procedure for the Continuous Measurement of Carbon Monoxide in the Atmosphere
(Non-Dispersive Infrared Photometry).
(e) Appendix D -- Measurement Principle and Calibration
Procedure for the Measurement of Ozone in the Atmosphere.
(f) Appendix E -- Reserved.
(g) Appendix F -- Measurement Principle and Calibration
Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase
Chemiluminescence).
(h) Appendix G -- Reference Method for the Determination of
Lead in Suspended Particulate Matter Collected from Ambient Air.
(i) Appendix H -- Interpretation of the National Ambient Air
Quality Standards for Ozone.
(j) Appendix I -- Interpretation of the 8-Hour Primary and
Secondary National Ambient Air Quality Standards for Ozone.
(k) Appendix J -- Reference Method for the Determination of
Particulate Matter as PM10 in the Atmosphere.
(l) Appendix K -- Interpretation of the National Ambient Air
Quality Standards for Particulate Matter.
(m) Appendix L -- Reference Method for the Determination of
Fine Particulate Matter as PM2.5 in the Atmosphere.
(n) Appendix M -- Reserved.
(o) Appendix N -- Interpretation of the National Ambient Air
Quality Standards for PM2.5.
(p) Appendix O -- Reference Method for the Determination of
Coarse Particulate Matter as PM in the Atmosphere.
(q) Appendix P -- Interpretation of the Primary and Secondary
National Ambient Air Quality Standards for Ozone.
(r) Appendix Q -- Reference Method for the Determination of
Lead in Suspended Particulate Matter as PM10 Collected from Ambient
Air.
(s) Appendix R -- Interpretation of the National Ambient Air
Quality Standards for Lead.
(t) Appendix S -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide).
(u) Appendix T -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide).
(v) Appendix U -- Interpretation of the Primary and Secondary
National Ambient Air Quality Standards for Ozone.
(2) 40 CFR Part 51 -- Requirements for Preparation, Adoption,
and Submittal of Implementation Plans.
(a) Appendix M -- Recommended Test Methods for State
Implementation Plans.
(b) Appendix S -- Emission Offset Interpretive Ruling.
(c) Appendix W -- Guideline on Air Quality Models (Revised).
(d) Appendix Y -- Guidelines for BART Determinations Under the
Regional Haze Rule.
(3) 40 CFR Part 55 -- Outer Continental Shelf Air Regulations,
except for §§ 55.5, 55.11, and 55.12.
(4) 40 CFR Part 58 -- Ambient Air Quality Surveillance.
Appendix A -- Quality Assurance Requirements for SLAMS, SPMs
and PSD Air Monitoring.
(5) 40 CFR Part 59 -- National Volatile Organic Compound
Emission Standards for Consumer and Commercial Products.
(a) Subpart C -- National Volatile Organic Compound Emission
Standards for Consumer Products.
(b) 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.
(6) 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 Stationary Sources).
(7) 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).
(8) 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).
(9) 40 CFR Part 64 -- Compliance Assurance Monitoring.
(10) 40 CFR Part 72 -- Permits Regulation.
(11) 40 CFR Part 73 -- Sulfur Dioxide Allowance System.
(12) 40 CFR Part 74 -- Sulfur Dioxide Opt-Ins.
(13) 40 CFR Part 75 -- Continuous Emission Monitoring.
(14) 40 CFR Part 76 -- Acid Rain Nitrogen Oxides Emission
Reduction Program.
(15) 40 CFR Part 77 -- Excess Emissions.
(16) 40 CFR Part 78 -- Appeal Procedures for Acid Rain
Program.
(17) 40 CFR Part 152 Subpart I -- Classification of
Pesticides.
(18) 49 CFR Part 172 -- Hazardous Materials Table. Special
Provisions, Hazardous Materials Communications, Emergency Response Information,
and Training Requirements, Subpart E, Labeling.
(19) 29 CFR Part 1926 Subpart F -- Fire Protection and
Prevention.
b. Copies may be obtained from Superintendent of Documents,
P.O. Box 371954, Pittsburgh, PA 15250-7954; telephone (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.
(3) "Guidelines for Determining Capture Efficiency"
(GD-35), Emissions Monitoring and Analysis Division, Office of Air Quality
Planning and Standards, January 9, 1995.
b. Copies of the document identified in subdivision E 2 a (1)
of this section, and Volume I and Supplements A through C of the document
identified in subdivision E 2 a (2) of this section, may be obtained from U.S.
Department of Commerce, National Technical Information Service, 5285 Port Royal
Road, Springfield, VA 22161; telephone 1-800-553-6847. Copies
of Supplements D and E of the document identified in subdivision E 2 a (2) of
this section may be obtained online from EPA's Technology Transfer Network at
http://www.epa.gov/ttn/index.html. Copies of the document identified in
subdivision E 2 a (3) of this section are only available online from EPA's
Technology Transfer Network at http://www.epa.gov/ttn/emc/guidlnd.html.
3. United States government.
a. The following document from the United States 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, PA 15250-7954; telephone (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) D86-04b, "Standard Test Method for
Distillation of Petroleum Products at Atmospheric Pressure" (2004).
(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."
(23) F852-99, "Standard Specification for Portable
Gasoline Containers for Consumer Use" (reapproved 2006).
(24) F976-02, "Standard Specification for Portable
Kerosine and Diesel Containers for Consumer Use."
(25) D4457-02, "Standard Test Method for
Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and
Coatings by Direct Injection into a Gas Chromatograph" (reapproved 2008).
(26) D3792-05, "Standard Test Method for Water
Content of Coatings by Direct Injection Into a Gas Chromatograph."
(27) D2879-97, "Standard Test Method for Vapor
Pressure-Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope" (reapproved 2007).
b. Copies may be obtained from American Society for Testing
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; telephone
(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, DC 20005; telephone (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, OH 45240; telephone (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, MA 02269-9101;
telephone (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, NY 10016; telephone (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; telephone (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, telephone (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).
(4) Method 304-91, "Determination of Volatile
Organic Compounds (VOC) in Various Materials," in Manual SSMLLABM,
"Laboratory Methods of Analysis for Enforcement Samples" (1996).
(5) Method 316A-92, "Determination of Volatile
Organic Compounds (VOC) in Materials Used for Pipes and Fittings" in
Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement
Samples" (1996).
(6) "General Test Method for Determining Solvent Losses
from Spray Gun Cleaning Systems," October 3, 1989.
b. Copies may be obtained from South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, telephone
(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) Method 100, "Procedures for Continuous Gaseous
Emission Stack Sampling" (July 28, 1997).
(4) Test Method 513, "Determination of Permeation Rate
for Spill-Proof Systems" (July 6, 2000).
(5) Method 310, "Determination of Volatile Organic
Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol
Coating Products (Including Appendices A and B)" (May 5, 2005).
(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).
(9) "Certification Procedure 501 for Portable Fuel
Containers and Spill-Proof Spouts, CP-501" (July 26, 2006).
(10) "Test Procedure for Determining Integrity of
Spill-Proof Spouts and Spill-Proof Systems, TP-501" (July 26, 2006).
(11) "Test Procedure for Determining Diurnal Emissions
from Portable Fuel Containers, TP-502" (July 26, 2006).
b. Copies may be obtained from California Air Resources Board,
P.O. Box 2815, Sacramento, CA 95812, telephone (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, telephone (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; telephone (336)
884-5000.
15. Petroleum Equipment Institute.
a. The following document from the Petroleum Equipment
Institute is incorporated herein by reference: Recommended Practices for
Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites,
PEI/RP300-09 (2009).
b. Copies may be obtained from Petroleum Equipment Institute,
6931 S. 66th E. Avenue, Suite 310, Tulsa, OK 74133; telephone (918) 494-9696;
www.pei.org.
16. American Architectural Manufacturers Association (AAMA).
a. The following documents from the American Architectural
Manufacturers Association are incorporated herein by reference:
(1) Voluntary Specification, Performance Requirements and Test
Procedures for High Performance Organic Coatings on Aluminum Extrusions and
Panels, publication number AAMA 2604-05.
(2) Voluntary Specification, Performance Requirements and Test
Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and
Panels, publication number AAMA 2605-05.
b. Copies may be obtained from American Architectural
Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL
60173-4268; telephone (847) 303-5774.
9VAC5-40-5970. Reporting and recordkeeping.
A. With regard to the emissions standards in 9VAC5-40-5940
and 9VAC5-40-5945, the provisions of 9VAC5-40-50 (Notification, records and
reporting) apply.
B. With regard to the emission limits in 9VAC5-40-5935 and
9VAC5-40-5955, the following provisions apply:
1. 9VAC5-40-50 F and H;
2. 40 CFR 60.7; and
3. 40 CFR 60.38f(a) through (m) (n) except as
provided in 40 CFR 60.24 and 40 CFR 60.38f(d)(2), and 40 CFR 60.39f(a) through
(j).
Article 5
Environmental Protection Agency Standards of Performance for New Stationary
Sources (Rule 5-5)
9VAC5-50-400. General.
The U.S. Environmental Protection Agency Regulations on
Standards of Performance for New Stationary Sources (NSPSs), as promulgated in
40 CFR Part 60 and designated in 9VAC5-50-410 are, unless indicated otherwise,
incorporated by reference into the regulations of the board as amended by the
word or phrase substitutions given in 9VAC5-50-420. The complete text of the
subparts in 9VAC5-50-410 incorporated in this regulation by reference is
contained in 40 CFR Part 60. The 40 CFR section numbers appearing under each
subpart in 9VAC5-50-410 identify the specific provisions of the subpart
incorporated by reference. The specific version of the provision adopted by
reference shall be that contained in the CFR (2019) (2020) in
effect July 1, 2019 2020. In making reference to the Code of
Federal Regulations, 40 CFR Part 60 means Part 60 of Title 40 of the Code of
Federal Regulations; 40 CFR 60.1 means 60.1 in Part 60 of Title 40 of the Code
of Federal Regulations.
9VAC5-50-410. Designated standards of performance.
Subpart A - General Provisions.
40 CFR 60.1 through 40 CFR 60.3, 40 CFR 60.7, 40 CFR 60.8, 40
CFR 60.11 through 40 CFR 60.15, 40 CFR 60.18 through 40 CFR 60.19
(applicability, definitions, units and abbreviations,
notification and recordkeeping, performance tests, compliance, circumvention,
monitoring requirements, modification, reconstruction, general control device
requirements, and general notification and reporting requirements)
Subpart B - Not applicable.
Subpart C - Not applicable.
Subpart Ca - Reserved.
Subpart Cb - Not applicable.
Subpart Cc - Not applicable.
Subpart Cd - Not applicable.
Subpart Ce - Not applicable.
Subpart D - Fossil Fuel-Fired Steam Generators.
40 CFR 60.40 through 40 CFR 60.46
(fossil fuel-fired steam generating units of more than 250
million Btu per hour heat input rate and fossil fuel-fired and wood
residue-fired steam generating units capable of firing fossil fuel at a heat
input rate of more than 250 million Btu per hour)
Subpart Da - Electric Utility
Steam Generating Units.
40 CFR 60.40Da through 40 CFR 60.52Da
(electric utility steam generating units capable of combusting
more than 250 million Btu per hour heat input of fossil fuel (either alone or
in combination with any other fuel), and for which construction,
reconstruction, or modification is commenced after September 18, 1978)
Subpart Db - Industrial-Commercial-Institutional Steam
Generating Units.
40 CFR 60.40b through 40 CFR 60.49b
(industrial-commercial-institutional steam generating units
which have a heat input capacity from combusted fuels of more than 100 million
Btu per hour)
Subpart Dc - Small Industrial-Commercial-Institutional Steam
Generating Units.
40 CFR 60.40c through 40 CFR 60.48c
(industrial-commercial-institutional steam generating units
which have a heat input capacity of 100 million Btu per hour or less, but
greater than or equal to 10 million Btu per hour)
Subpart E - Incinerators.
40 CFR 60.50 through 40 CFR 60.54
(incinerator units of more than 50 tons per day charging rate)
Subpart Ea - Municipal Waste Combustors for which Construction
is Commenced after December 20, 1989, and on or before September 20, 1994.
40 CFR 60.50a through 40 CFR 60.59a
(municipal waste combustor units with a capacity greater than
250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Eb - Large Municipal Combustors for which Construction
is Commenced after September 20, 1994, or for which Modification or Reconstruction
is Commenced after June 19, 1996.
40 CFR 60.50b through 40 CFR 60.59b
(municipal waste combustor units with a capacity greater than
250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Ec - Hospital/Medical/Infectious Waste Incinerators for
which Construction is Commenced after June 20, 1996.
40 CFR 60.50c through 40 CFR 60.58c
(hospital/medical/infectious waste incinerators that combust
any amount of hospital waste and medical/infectious waste or both)
Subpart F - Portland Cement Plants.
40 CFR 60.60 through 40 CFR 60.66
(kilns, clinker coolers, raw mill systems, finish mill
systems, raw mill dryers, raw material storage, clinker storage, finished
product storage, conveyor transfer points, bagging and bulk loading and
unloading systems)
Subpart G - Nitric Acid Plants.
40 CFR 60.70 through 40 CFR 60.74
(nitric acid production units)
Subpart Ga - Nitric Acid Plants for which Construction,
Reconstruction, or Modification Commenced after October 14, 2011.
40 CFR 60.70a through 40 CFR 60.77a
(nitric acid production units producing weak nitric acid by
either the pressure or atmospheric pressure process)
Subpart H - Sulfuric Acid Plants.
40 CFR 60.80 through 40 CFR 60.85
(sulfuric acid production units)
Subpart I - Hot Mix Asphalt Facilities.
40 CFR 60.90 through 40 CFR 60.93
(dryers; systems for screening, handling, storing and weighing
hot aggregate; systems for loading, transferring and storing mineral filler;
systems for mixing asphalt; and the loading, transfer and storage systems
associated with emission control systems)
Subpart J - Petroleum Refineries.
40 CFR 60.100 through 40 CFR 60.106
(fluid catalytic cracking unit catalyst regenerators, fluid
catalytic cracking unit incinerator-waste heat boilers and fuel gas combustion
devices)
Subpart Ja - Petroleum Refineries for which Construction,
Reconstruction, or Modification Commenced after May 14, 2007.
40 CFR 60.100a through 40 CFR 60.109a
(fluid catalytic cracking units, fluid coking units, delayed
coking units, fuel gas combustion devices, including flares and process
heaters, and sulfur recovery plants)
Subpart K - Storage Vessels for Petroleum Liquids for which
Construction, Reconstruction, or Modification Commenced after June 11, 1973,
and prior to May 19, 1978.
40 CFR 60.110 through 40 CFR 60.113
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Ka - Storage Vessels for Petroleum Liquids for which
Construction, Reconstruction, or Modification Commenced after May 18, 1978, and
prior to July 23, 1984.
40 CFR 60.110a through 40 CFR 60.115a
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Kb - Volatile Organic Liquid Storage Vessels (Including
Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or
Modification Commenced after July 23, 1984.
40 CFR 60.110b through 40 CFR 60.117b
(storage vessels with capacity greater than or equal to 10,566
gallons)
Subpart L - Secondary Lead Smelters.
40 CFR 60.120 through 40 CFR 60.123
(pot furnaces of more than 550 pound charging capacity, blast
(cupola) furnaces and reverberatory furnaces)
Subpart M - Secondary Brass and Bronze Production Plants.
40 CFR 60.130 through 40 CFR 60.133
(reverberatory and electric furnaces of 2205 pound or greater
production capacity and blast (cupola) furnaces of 550 pounds per hour or
greater production capacity)
Subpart N - Primary Emissions from Basic Oxygen Process
Furnaces for which Construction is Commenced after June 11, 1973.
40 CFR 60.140 through 40 CFR 60.144
(basic oxygen process furnaces)
Subpart Na - Secondary Emissions from Basic Oxygen Process
Steelmaking Facilities for which Construction is Commenced after January 20,
1983.
40 CFR 60.140a through 40 CFR 60.145a
(facilities in an iron and steel plant: top-blown BOPFs and
hot metal transfer stations and skimming stations used with bottom-blown or
top-blown BOPFs)
Subpart O - Sewage Treatment Plants.
40 CFR 60.150 through 40 CFR 60.154
(incinerators that combust wastes containing more than 10%
sewage sludge (dry basis) produced by municipal sewage treatment plants or
incinerators that charge more than 2205 pounds per day municipal sewage sludge
(dry basis))
Subpart P - Primary Copper Smelters.
40 CFR 60.160 through 40 CFR 60.166
(dryers, roasters, smelting furnaces, and copper converters)
Subpart Q - Primary Zinc Smelters.
40 CFR 60.170 through 40 CFR 60.176
(roasters and sintering machines)
Subpart R - Primary Lead Smelters
40 CFR 60.180 through 40 CFR 60.186
(sintering machines, sintering machine discharge ends, blast
furnaces, dross reverberatory furnaces, electric smelting furnaces and
converters)
Subpart S - Primary Aluminum Reduction Plants.
40 CFR 60.190 through 40 CFR 60.195
(potroom groups and anode bake plants)
Subpart T - Phosphate Fertilizer Industry: Wet-Process
Phosphoric Acid Plants.
40 CFR 60.200 through 40 CFR 60.205
(reactors, filters, evaporators, and hot wells)
Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid
Plants.
40 CFR 60.210 through 40 CFR 60.215
(evaporators, hot wells, acid sumps, and cooling tanks)
Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate
Plants.
40 CFR 60.220 through 40 CFR 60.225
(reactors, granulators, dryers, coolers, screens, and mills)
Subpart W - Phosphate Fertilizer Industry: Triple
Superphosphate Plants.
40 CFR 60.230 through 40 CFR 60.235
(mixers, curing belts (dens), reactors, granulators, dryers,
cookers, screens, mills, and facilities which store run-of-pile triple
superphosphate)
Subpart X - Phosphate Fertilizer Industry: Granular Triple
Superphosphate Storage Facilities.
40 CFR 60.240 through 40 CFR 60.245
(storage or curing piles, conveyors, elevators, screens and
mills)
Subpart Y - Coal Preparation and Processing Plants.
40 CFR 60.250 through 40 CFR 60.258
(plants which process more than 200 tons per day: thermal
dryers, pneumatic coal-cleaning equipment (air tables), coal processing and
conveying equipment (including breakers and crushers), coal storage systems,
and coal transfer and loading systems)
Subpart Z - Ferroalloy Production Facilities.
40 CFR 60.260 through 40 CFR 60.266
(electric submerged arc furnaces which produce silicon metal,
ferrosilicon, calcium silicon, silicomanganese zirconium, ferrochrome silicon,
silvery iron, high-carbon ferrochrome, charge chrome, standard ferromanganese,
silicomanganese, ferromanganese silicon or calcium carbide; and dust-handling
equipment)
Subpart AA - Steel Plants: Electric Arc Furnaces Constructed
after October 21, 1974, and on or before August 17, 1983.
40 CFR 60.270 through 40 CFR 60.276
(electric arc furnaces and dust-handling systems that produce
carbon, alloy or specialty steels)
Subpart AAa - Steel Plants: Electric Arc Furnaces and
Argon-Oxygen Decarburization Vessels Constructed after August 17, 1983.
40 CFR 60.270a through 40 CFR 60.276a
(electric arc furnaces, argon-oxygen decarburization vessels,
and dust-handling systems that produce carbon, alloy, or specialty steels)
Subpart BB - Kraft Pulp Mills.
40 CFR 60.280 through 40 CFR 60.285
(digester systems, brown stock washer systems, multiple effect
evaporator systems, black liquor oxidation systems, recovery furnaces, smelt
dissolving tanks, lime kilns, condensate strippers and kraft pulping
operations)
Subpart BBa - Kraft Pulp Mill Affected Sources for which
Construction, Reconstruction, or Modification Commenced after May 23, 2013.
40 CFR 60.280a through 40 CFR 60.288a
(digester systems, brown stock washer systems, multiple effect
evaporator systems, black liquor oxidation systems, recovery furnaces, smelt
dissolving tanks, lime kilns, condensate strippers, and kraft pulping
operations)
Subpart CC - Glass Manufacturing Plants.
40 CFR 60.290 through 40 CFR 60.296
(glass melting furnaces)
Subpart DD - Grain Elevators.
40 CFR 60.300 through 40 CFR 60.304
(grain terminal elevators/grain storage elevators: truck
unloading stations, truck loading stations, barge and ship unloading stations,
barge and ship loading stations, railcar unloading stations, railcar loading
stations, grain dryers, and all grain handling operations)
Subpart EE - Surface Coating of
Metal Furniture.
40 CFR 60.310 through 40 CFR 60.316
(metal furniture surface coating operations in which organic
coatings are applied)
Subpart FF - Reserved.
Subpart GG - Stationary Gas Turbines.
40 CFR 60.330 through 40 CFR 60.335
(stationary gas turbines with a heat input at peak load equal
to or greater than 10 million Btu per hour, based on the lower heating value of
the fuel fired)
Subpart HH - Lime Manufacturing Plants.
40 CFR 60.340 through 40 CFR 60.344
(each rotary lime kiln)
Subparts II through JJ - Reserved.
Subpart KK - Lead-Acid Battery Manufacturing Plants.
40 CFR 60.370 through 40 CFR 60.374
(lead-acid battery manufacturing plants that produce or have
the design capacity to produce in one day (24 hours) batteries containing an
amount of lead equal to or greater than 6.5 tons: grid casting facilities,
paste mixing facilities, three-process operation facilities, lead oxide
manufacturing facilities, lead reclamation facilities, and other lead-emitting
operations)
Subpart LL - Metallic Mineral Processing Plants.
40 CFR 60.380 through 40 CFR 60.386
(each crusher and screen in
open-pit mines; each crusher, screen, bucket elevator, conveyor belt transfer
point, thermal dryer, product packaging station, storage bin, enclosed storage
area, truck loading station, truck unloading station, railcar loading station,
and railcar unloading station at the mill or concentrator with the following
exceptions. All facilities located in underground mines are exempted from the
provisions of this subpart. At uranium ore processing plants, all facilities
subsequent to and including the beneficiation of uranium ore are exempted from
the provisions of this subpart)
Subpart MM - Automobile and Light Duty Truck Surface Coating
Operations.
40 CFR 60.390 through 40 CFR 60.397
(prime coat operations, guide coat operations, and top-coat
operations)
Subpart NN - Phosphate Rock Plants.
40 CFR 60.400 through 40 CFR 60.404
(phosphate rock plants which have a maximum plant production
capacity greater than four tons per hour: dryers, calciners, grinders, and
ground rock handling and storage facilities, except those facilities producing
or preparing phosphate rock solely for consumption in elemental phosphorous
production)
Subpart OO - Reserved.
Subpart PP - Ammonium Sulfate Manufacture.
40 CFR 60.420 through 40 CFR 60.424
(ammonium sulfate dryer within an ammonium sulfate manufacturing
plant in the caprolactam by-product, synthetic, and coke oven by-product
sectors of the ammonium sulfate industry)
Subpart QQ - Graphic Arts Industry: Publication Rotogravure
Printing.
40 CFR 60.430 through 40 CFR 60.435
(publication rotogravure printing presses, except proof
presses)
Subpart RR - Pressure Sensitive Tape and Label Surface Coating
Operations.
40 CFR 60.440 through 40 CFR 60.447
(pressure sensitive tape and label material coating lines)
Subpart SS - Industrial Surface Coating: Large Appliances.
40 CFR 60.450 through 40 CFR 60.456
(surface coating operations in large appliance coating lines)
Subpart TT - Metal Coil Surface Coating.
40 CFR 60.460 through 40 CFR 60.466
(metal coil surface coating operations: each prime coat
operation, each finish coat operation, and each prime and finish coat operation
combined when the finish coat is applied wet on wet over the prime coat and
both coatings are cured simultaneously)
Subpart UU - Asphalt Processing and Asphalt Roofing
Manufacture.
40 CFR 60.470 through 40 CFR
60.474
(each saturator and each mineral
handling and storage facility at asphalt roofing plants; and each asphalt
storage tank and each blowing still at asphalt processing plants, petroleum
refineries, and asphalt roofing plants)
Subpart VV - Equipment Leaks of
Volatile Organic Compounds in the Synthetic Organic Chemicals Manufacturing
Industry for which Construction, Reconstruction, or Modification Commenced after
January 5, 1981, and on or before November 7, 2006.
40
CFR 60.480 through 40 CFR 60.489
(all equipment within a process
unit in a synthetic organic chemicals manufacturing plant)
Subpart VVa - Equipment Leaks of VOC in the Synthetic Organic
Chemicals Manufacturing Industry for which Construction, Reconstruction, or
Modification Commenced after November 7, 2006.
40 CFR 60.480a through 40 CFR 60.489a
(all equipment within a process unit in a synthetic organic
chemicals manufacturing plant)
Subpart WW - Beverage Can Surface Coating Industry.
40 CFR 60.490 through 40 CFR 60.496
(beverage can surface coating lines: each exterior base coat
operation, each overvarnish coating operation, and each inside spray coating
operation)
Subpart XX - Bulk Gasoline Terminals.
40 CFR 60.500 through 40 CFR 60.506
(total of all loading racks at a bulk gasoline terminal which
deliver liquid product into gasoline tank trucks)
Subparts YY through ZZ - Reserved.
Subpart AAA - New Residential Wood Heaters.
40 CFR 60.530 through 40 CFR 60.539b
(NOTE: In accordance with Chapter 471 of the 2015 Acts of
Assembly, authority to enforce the above standard is being retained by EPA and
the standard is not incorporated by reference into these regulations. A state
permit may be required of certain facilities if the provisions of 9VAC5-50 and
9VAC5-80 apply. Owners should review those provisions and contact the
appropriate regional office for guidance on whether those provisions apply.)
Subpart BBB - Rubber Tire Manufacturing Industry.
40 CFR 60.540 through 40 CFR 60.548
(each undertread cementing operation, each sidewall cementing
operation, each tread end cementing operation, each bead cementing operation,
each green tire spraying operation, each Michelin-A operation, each Michelin-B
operation, and each Michelin-C automatic operation)
Subpart CCC - Reserved.
Subpart DDD - Volatile Organic Compound (VOC) Emissions from
the Polymer Manufacturing Industry.
40 CFR 60.560 through 40 CFR 60.566
(for polypropylene and polyethylene manufacturing using a
continuous process that emits continuously or intermittently: all equipment
used in the manufacture of these polymers. For polystyrene manufacturing using
a continuous process that emits continuously: each material recovery section.
For poly(ethylene terephthalate) manufacturing using a continuous process that
emits continuously: each polymerization reaction section; if dimethyl
terephthalate is used in the process, each material recovery section is also an
affected facility; if terephthalic acid is used in the process, each raw
materials preparation section is also an affected facility. For VOC emissions
from equipment leaks: each group of fugitive emissions equipment within any
process unit, excluding poly(ethylene terephthalate) manufacture.)
Subpart EEE - Reserved.
Subpart FFF - Flexible Vinyl and Urethane Coating and Printing.
40 CFR 60.580 through 40 CFR 60.585
(each rotogravure printing line used to print or coat flexible
vinyl or urethane products)
Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries
for which Construction, Reconstruction, or Modification Commenced after January
4, 1983, and on or before November 7, 2006.
40 CFR 60.590 through 40 CFR 60.593
(each compressor, valve, pump pressure relief device, sampling
connection system, open-ended valve or line, and flange or other connector in
VOC service)
Subpart GGGa - Equipment Leaks of VOC in Petroleum Refineries
for which Construction, Reconstruction, or Modification Commenced after November
7, 2006.
40 CFR 60.590a through 40 CFR 60.593a
(each compressor, valve, pump pressure relief device, sampling
connection system, open-ended valve or line, and flange or other connector in
VOC service)
Subpart HHH - Synthetic Fiber Production Facilities.
40 CFR 60.600 through 40 CFR 60.604
(each solvent-spun synthetic fiber process that produces more
than 500 megagrams of fiber per year)
Subpart III - Volatile Organic Compound (VOC) Emissions from
the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation
Unit Processes.
40 CFR 60.610 through 40 CFR 60.618
(each air oxidation reactor not discharging its vent stream
into a recovery system and each combination of an air oxidation reactor or two
or more air oxidation reactors and the recovery system into which the vent
streams are discharged)
Subpart JJJ - Petroleum Dry
Cleaners.
40 CFR 60.620 through 40 CFR 60.625
(facilities located at a petroleum dry cleaning plant with a
total manufacturers' rated dryer capacity equal to or greater than 84 pounds:
petroleum solvent dry cleaning dryers, washers, filters, stills, and settling
tanks)
Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas
Processing Plants for which Construction, Reconstruction, or Modification
Commenced after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.630 through 40 CFR 60.636
(each compressor in VOC service or in wet gas service; each
pump, pressure relief device, open-ended valve or line, valve, and flange or
other connector that is in VOC service or in wet gas service, and any device or
system required by this subpart)
Subpart LLL - Sulfur Dioxide Emissions from Onshore Natural Gas
Processing for which Construction, Reconstruction, or Modification Commenced
after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.640 through 40 CFR 60.648
(facilities that process natural gas: each sweetening unit,
and each sweetening unit followed by a sulfur recovery unit)
Subpart MMM - Reserved.
Subpart NNN - Volatile Organic Compound (VOC) Emissions from
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation
Operations.
40 CFR 60.660 through 40 CFR 60.668
(each distillation unit not discharging its vent stream into a
recovery system, each combination of a distillation unit or of two or more
units and the recovery system into which their vent streams are discharged)
Subpart OOO - Nonmetallic Mineral Processing Plants.
40 CFR 60.670 through 40 CFR 60.676
(facilities in fixed or portable nonmetallic mineral
processing plants: each crusher, grinding mill, screening operation, bucket
elevator, belt conveyor, bagging operation, storage bin, enclosed truck or railcar
loading station)
Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants.
40 CFR 60.680 through 40 CFR 60.685
(each rotary spin wool fiberglass insulation manufacturing
line)
Subpart QQQ - VOC Emissions from Petroleum Refinery Wastewater
Systems.
40 CFR 60.690 through 40 CFR 60.699
(individual drain systems, oil-water separators, and aggregate
facilities in petroleum refineries)
Subpart RRR - Volatile Organic Compound Emissions from
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes.
40 CFR 60.700 through 40 CFR 60.708
(each reactor process not discharging its vent stream into a
recovery system, each combination of a reactor process and the recovery system
into which its vent stream is discharged, and each combination of two or more
reactor processes and the common recovery system into which their vent streams
are discharged)
Subpart SSS - Magnetic Tape Coating Facilities.
40 CFR 60.710 through 40 CFR 60.718
(each coating operation and each piece of coating mix
preparation equipment)
Subpart TTT - Industrial Surface Coating: Surface Coating of
Plastic Parts for Business Machines.
40 CFR 60.720 through 40 CFR 60.726
(each spray booth in which plastic parts for use in the
manufacture of business machines receive prime coats, color coats, texture
coats, or touch-up coats)
Subpart UUU - Calciners and Dryers in Mineral Industries.
40 CFR 60.730 through 40 CFR 60.737
(each calciner and dryer at a mineral processing plant)
Subpart VVV - Polymeric Coating of Supporting Substrates
Facilities.
40 CFR 60.740 through 40 CFR 60.748
(each coating operation and any onsite coating mix preparation
equipment used to prepare coatings for the polymeric coating of supporting
substrates)
Subpart WWW - Municipal Solid Waste Landfills.
40 CFR 60.750 through 40 CFR 60.759
(municipal solid waste landfills for the containment of
household and Resource Conservation and Recovery Act (RCRA) Subtitle D wastes)
Subpart XXX - Municipal Solid Waste Landfills that Commenced
Construction, Reconstruction, or Modification After July 17, 2014
40 CFR 60.760 through 40 CFR 60.769
(municipal solid waste landfills for the containment of
household and RCRA Subtitle D wastes)
Subpart AAAA - Small Municipal
Waste Combustors for which Construction is Commenced after August 30, 1999, or
for which Modification or Reconstruction is Commenced after June 6, 2001.
40 CFR 60.1000 through 40 CFR 60.1465
(municipal waste combustor units with a capacity less than 250
tons per day and greater than 35 tons per day of municipal solid waste or
refuse-derived fuel)
Subpart BBBB - Not applicable.
Subpart CCCC - Commercial/Industrial Solid Waste Incinerators.
40 CFR 60.2000 through 40 CFR 60.2265
(an enclosed device using controlled flame combustion without
energy recovery that is a distinct operating unit of any commercial or
industrial facility, or an air curtain incinerator without energy recovery that
is a distinct operating unit of any commercial or industrial facility)
Subpart DDDD - Not applicable.
Subpart EEEE - Other Solid Waste Incineration Units for which
Construction is Commenced after December 9, 2004, or for which Modification or
Reconstruction is Commenced on or after June 16, 2006.
40 CFR 60.2880 through 40 CFR 60.2977
(very small municipal waste combustion units with the capacity
to combust less than 35 tons per day of municipal solid waste or refuse-derived
fuel, and institutional waste incineration units owned or operated by an
organization having a governmental, educational, civic, or religious purpose)
Subpart FFFF - Reserved.
Subpart GGGG - Reserved.
Subpart HHHH - Reserved.
Subpart IIII - Stationary Compression Ignition Internal
Combustion Engines.
40 CFR 60.4200 through 40 CFR 60.4219
(NOTE: Authority to enforce the above standard is being
retained by EPA and the standard is not incorporated by reference into these
regulations for any source that is not (i) a major source as defined in
9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating
Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary
Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to
Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain
Sources) of Part II of 9VAC5-80.)
Subpart JJJJ - Stationary Spark
Ignition Internal Combustion Engines.
40 CFR 60.4230 through 40 CFR 60.4248
(NOTE: Authority to enforce the above standard is being
retained by EPA and the standard is not incorporated by reference into these
regulations for any source that is not (i) a major source as defined in
9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating
Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary
Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to
Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain
Sources) of Part II of 9VAC5-80.)
Subpart KKKK - Stationary Combustion Turbines.
40 CFR 60.4300 through 40 CFR 60.4420
(stationary combustion turbine with a heat input at peak load
equal to or greater than 10.7 gigajoules (10 MMBtu) per hour)
Subpart LLLL - Sewage Sludge Incineration Units.
40 CFR 60.4760 through 40 CFR 60.4925
(an incineration unit combusting sewage sludge for the purpose
of reducing the volume of the sewage sludge by removing combustible matter,
including the sewage sludge feed system, auxiliary fuel feed system, grate
system, flue gas system, waste heat recovery equipment, and bottom ash system;
and all ash handling systems connected with the bottom ash handling system)
Subpart MMMM - Reserved.
Subpart NNNN - Reserved.
Subpart OOOO - Crude Oil and Natural Gas Production,
Transmission and Distribution for which Construction, Modification, or
Reconstruction Commenced after August 23, 2011, and on or before September 18,
2015.
40 CFR 60.5360 through 40 CFR 60.5499
(facilities that operate gas wells, centrifugal compressors,
reciprocating compressors, pneumatic controllers, and storage vessels)
Subpart OOOOa - Crude Oil and Natural Gas Facilities for which Construction,
Modification, or Reconstruction Commenced after September 18, 2015.
40 CFR 60.5360a through 40 CFR 60.5499a
(NOTE: Authority to enforce the above standard is being
retained by EPA and it is not incorporated by reference into these regulations
for any source that is not (i) a major source as defined in 9VAC5-80-60 and
subject to Article 1 (9VAC5-80-50 et seq., Federal Operating Permits for
Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary Sources) or
(ii) an affected source as defined in 9VAC5-80-370 and subject to Article 3
(9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain Sources) of Part
II of 9VAC5-80. (facilities that operate gas wells, centrifugal
compressors, reciprocating compressors, pneumatic controllers and pumps,
storage vessels, and sweetening units)
Subpart PPPP - Reserved.
Subpart QQQQ - New Residential Hydronic Heaters and Forced-Air
Furnaces
40 CFR 60.5472 through 40 CFR 60.5483
(NOTE: In accordance with Chapter 471 of the 2015 Acts of
Assembly, authority to enforce the above standard is being retained by EPA and
the standard is not incorporated by reference into these regulations. A state
permit may be required of certain facilities if the provisions of 9VAC5-50 and
9VAC5-80 apply. Owners should review those provisions and contact the
appropriate regional office for guidance on whether those provisions apply.)
Subpart RRRR - Reserved.
Subpart SSSS - Reserved.
Subpart TTTT - Reserved.
Appendix A - Test methods.
Appendix B - Performance specifications.
Appendix C - Determination of Emission Rate Change.
Appendix D - Required Emission Inventory Information.
Appendix E - Reserved.
Appendix F - Quality Assurance Procedures.
Appendix G - Not applicable.
Appendix H - Reserved.
Appendix I - Removable label and owner's manual.
Part II
Emission Standards
Article 1
Environmental Protection Agency National Emission Standards for Hazardous Air
Pollutants (Rule 6-1)
9VAC5-60-60. General.
The Environmental Protection Agency (EPA) Regulations on
National Emission Standards for Hazardous Air Pollutants (NESHAP), as
promulgated in 40 CFR Part 61 and designated in 9VAC5-60-70 are, unless
indicated otherwise, incorporated by reference into the regulations of the
board as amended by the word or phrase substitutions given in 9VAC5-60-80. The
complete text of the subparts in 9VAC5-60-70 incorporated in this regulation by
reference is contained in 40 CFR Part 61. The 40 CFR section numbers appearing under
each subpart in 9VAC5-60-70 identify the specific provisions of the subpart
incorporated by reference. The specific version of the provision adopted by
reference shall be that contained in the CFR (2019) (2020) in
effect July 1, 2019 2020. In making reference to the Code of
Federal Regulations, 40 CFR Part 61 means Part 61 of Title 40 of the Code of
Federal Regulations; 40 CFR 61.01 means 61.01 in Part 61 of Title 40 of the
Code of Federal Regulations.
Article 2
Environmental Protection Agency National Emission Standards for Hazardous Air
Pollutants for Source Categories (Rule 6-2)
9VAC5-60-90. General.
The Environmental Protection Agency (EPA) National Emission
Standards for Hazardous Air Pollutants for Source Categories (Maximum
Achievable Control Technologies, or MACTs) as promulgated in 40 CFR Part 63 and
designated in 9VAC5-60-100 are, unless indicated otherwise, incorporated by
reference into the regulations of the board as amended by the word or phrase
substitutions given in 9VAC5-60-110. The complete text of the subparts in
9VAC5-60-100 incorporated in this regulation by reference is contained in 40
CFR Part 63. The 40 CFR section numbers appearing under each subpart in
9VAC5-60-100 identify the specific provisions of the subpart incorporated by
reference. The specific version of the provision adopted by reference shall be
that contained in the CFR (2019) (2020) in effect July 1, 2019
2020. In making reference to the Code of Federal Regulations, 40 CFR
Part 63 means Part 63 of Title 40 of the Code of Federal Regulations; 40 CFR
63.1 means 63.1 in Part 63 of Title 40 of the Code of Federal Regulations.
VA.R. Doc. No. R21-6452; Filed September 23, 2020, 5:09 a.m.
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
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.
Titles of Regulations: 9VAC5-20. General Provisions (amending 9VAC5-20-21).
9VAC5-40. Existing Stationary Sources (amending 9VAC5-40-5970).
9VAC5-50. New and Modified Stationary Sources (amending 9VAC5-50-400, 9VAC5-50-410).
9VAC5-60. Hazardous Air Pollutant Sources (amending 9VAC5-60-60, 9VAC5-60-90).
Statutory Authority:
§ 10.1-1308 of the Code of Virginia; §§ 108, 109,
110, and 182 of the Clean Air Act; 40 CFR Parts 50, 53, and 58 (9VAC5-20-21).
§ 10.1-1308 of the Code of Virginia; §§ 110, 111, 123,
129, 171, 172, and 182 of the Clean Air Act; 40 CFR Parts 51 and 60
(9VAC5-40-5970, 9VAC5-50-400, 9VAC5-50-410, 9VAC5-60-60, 9VAC5-60-90).
Effective Date: November 11, 2020.
Agency Contact: Karen G. Sabasteanski, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4423, FAX (804) 698-4178, or email karen.sabasteanski@deq.virginia.gov.
Summary:
The amendments (i) update references to certain federal
regulations to reflect the Code of Federal Regulations as published on July 1,
2020; (ii) add two new source performance standards, Subpart XXX (Municipal
Solid Waste Landfills that Commenced Construction, Reconstruction, or
Modification After July 17, 2014) and Subpart OOOOa (Crude Oil and Natural Gas
Facilities for which Construction, Modification, or Reconstruction Commenced
after September 18, 2015) of 40 CFR Part 60; (iii) remove an outdated reference
to a specific version of a federal code citation relating to Article 43.1
(9VAC5-40-5925 et seq.) of 9VAC5-40; and (iv) update and correct an internal
reference to a federal standard affecting a specific stationary source
(landfills).
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 (2016) (2020) in
effect July 1, 2016 2020. For the purposes of Article 43.1
(9VAC5-40-5925 et seq.) of 9VAC5-40 (Existing Stationary Sources), EPA
regulations promulgated at Subpart Cf (40 CFR 60.30f et seq., Emission
Guidelines and Compliance Times for Municipal Solid Waste Landfills) of 40 CFR
Part 60, as published in the Federal Register of August 29, 2016 (81 FR 59276)
and effective on October 28, 2016, is the version incorporated by reference
into this article and Article 43.1. 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, 1111 East Main Street, Suite 1400, 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-1 -- Reference Measurement Principle and
Calibration Procedure for the Measurement of Sulfur Dioxide in the Atmosphere
(Ultraviolet Fluorescence Method).
(b) Appendix A-2 -- Reference Method for the Determination of
Sulfur Dioxide in the Atmosphere (Pararosaniline Method).
(c) Appendix B -- Reference Method for the Determination of
Suspended Particulate Matter in the Atmosphere (High-Volume Method).
(d) Appendix C -- Measurement Principle and Calibration
Procedure for the Continuous Measurement of Carbon Monoxide in the Atmosphere
(Non-Dispersive Infrared Photometry).
(e) Appendix D -- Measurement Principle and Calibration
Procedure for the Measurement of Ozone in the Atmosphere.
(f) Appendix E -- Reserved.
(g) Appendix F -- Measurement Principle and Calibration
Procedure for the Measurement of Nitrogen Dioxide in the Atmosphere (Gas Phase
Chemiluminescence).
(h) Appendix G -- Reference Method for the Determination of
Lead in Suspended Particulate Matter Collected from Ambient Air.
(i) Appendix H -- Interpretation of the National Ambient Air
Quality Standards for Ozone.
(j) Appendix I -- Interpretation of the 8-Hour Primary and
Secondary National Ambient Air Quality Standards for Ozone.
(k) Appendix J -- Reference Method for the Determination of
Particulate Matter as PM10 in the Atmosphere.
(l) Appendix K -- Interpretation of the National Ambient Air
Quality Standards for Particulate Matter.
(m) Appendix L -- Reference Method for the Determination of
Fine Particulate Matter as PM2.5 in the Atmosphere.
(n) Appendix M -- Reserved.
(o) Appendix N -- Interpretation of the National Ambient Air
Quality Standards for PM2.5.
(p) Appendix O -- Reference Method for the Determination of
Coarse Particulate Matter as PM in the Atmosphere.
(q) Appendix P -- Interpretation of the Primary and Secondary
National Ambient Air Quality Standards for Ozone.
(r) Appendix Q -- Reference Method for the Determination of
Lead in Suspended Particulate Matter as PM10 Collected from Ambient
Air.
(s) Appendix R -- Interpretation of the National Ambient Air
Quality Standards for Lead.
(t) Appendix S -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Nitrogen (Nitrogen Dioxide).
(u) Appendix T -- Interpretation of the Primary National
Ambient Air Quality Standards for Oxides of Sulfur (Sulfur Dioxide).
(v) Appendix U -- Interpretation of the Primary and Secondary
National Ambient Air Quality Standards for Ozone.
(2) 40 CFR Part 51 -- Requirements for Preparation, Adoption,
and Submittal of Implementation Plans.
(a) Appendix M -- Recommended Test Methods for State
Implementation Plans.
(b) Appendix S -- Emission Offset Interpretive Ruling.
(c) Appendix W -- Guideline on Air Quality Models (Revised).
(d) Appendix Y -- Guidelines for BART Determinations Under the
Regional Haze Rule.
(3) 40 CFR Part 55 -- Outer Continental Shelf Air Regulations,
except for §§ 55.5, 55.11, and 55.12.
(4) 40 CFR Part 58 -- Ambient Air Quality Surveillance.
Appendix A -- Quality Assurance Requirements for SLAMS, SPMs
and PSD Air Monitoring.
(5) 40 CFR Part 59 -- National Volatile Organic Compound
Emission Standards for Consumer and Commercial Products.
(a) Subpart C -- National Volatile Organic Compound Emission
Standards for Consumer Products.
(b) 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.
(6) 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 Stationary Sources).
(7) 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).
(8) 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).
(9) 40 CFR Part 64 -- Compliance Assurance Monitoring.
(10) 40 CFR Part 72 -- Permits Regulation.
(11) 40 CFR Part 73 -- Sulfur Dioxide Allowance System.
(12) 40 CFR Part 74 -- Sulfur Dioxide Opt-Ins.
(13) 40 CFR Part 75 -- Continuous Emission Monitoring.
(14) 40 CFR Part 76 -- Acid Rain Nitrogen Oxides Emission
Reduction Program.
(15) 40 CFR Part 77 -- Excess Emissions.
(16) 40 CFR Part 78 -- Appeal Procedures for Acid Rain
Program.
(17) 40 CFR Part 152 Subpart I -- Classification of
Pesticides.
(18) 49 CFR Part 172 -- Hazardous Materials Table. Special
Provisions, Hazardous Materials Communications, Emergency Response Information,
and Training Requirements, Subpart E, Labeling.
(19) 29 CFR Part 1926 Subpart F -- Fire Protection and
Prevention.
b. Copies may be obtained from Superintendent of Documents,
P.O. Box 371954, Pittsburgh, PA 15250-7954; telephone (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.
(3) "Guidelines for Determining Capture Efficiency"
(GD-35), Emissions Monitoring and Analysis Division, Office of Air Quality
Planning and Standards, January 9, 1995.
b. Copies of the document identified in subdivision E 2 a (1)
of this section, and Volume I and Supplements A through C of the document
identified in subdivision E 2 a (2) of this section, may be obtained from U.S.
Department of Commerce, National Technical Information Service, 5285 Port Royal
Road, Springfield, VA 22161; telephone 1-800-553-6847. Copies
of Supplements D and E of the document identified in subdivision E 2 a (2) of
this section may be obtained online from EPA's Technology Transfer Network at
http://www.epa.gov/ttn/index.html. Copies of the document identified in
subdivision E 2 a (3) of this section are only available online from EPA's
Technology Transfer Network at http://www.epa.gov/ttn/emc/guidlnd.html.
3. United States government.
a. The following document from the United States 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, PA 15250-7954; telephone (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) D86-04b, "Standard Test Method for
Distillation of Petroleum Products at Atmospheric Pressure" (2004).
(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."
(23) F852-99, "Standard Specification for Portable
Gasoline Containers for Consumer Use" (reapproved 2006).
(24) F976-02, "Standard Specification for Portable
Kerosine and Diesel Containers for Consumer Use."
(25) D4457-02, "Standard Test Method for
Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and
Coatings by Direct Injection into a Gas Chromatograph" (reapproved 2008).
(26) D3792-05, "Standard Test Method for Water
Content of Coatings by Direct Injection Into a Gas Chromatograph."
(27) D2879-97, "Standard Test Method for Vapor
Pressure-Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope" (reapproved 2007).
b. Copies may be obtained from American Society for Testing
Materials, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; telephone
(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, DC 20005; telephone (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, OH 45240; telephone (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, MA 02269-9101;
telephone (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, NY 10016; telephone (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; telephone (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, telephone (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).
(4) Method 304-91, "Determination of Volatile
Organic Compounds (VOC) in Various Materials," in Manual SSMLLABM,
"Laboratory Methods of Analysis for Enforcement Samples" (1996).
(5) Method 316A-92, "Determination of Volatile
Organic Compounds (VOC) in Materials Used for Pipes and Fittings" in
Manual SSMLLABM, "Laboratory Methods of Analysis for Enforcement
Samples" (1996).
(6) "General Test Method for Determining Solvent Losses
from Spray Gun Cleaning Systems," October 3, 1989.
b. Copies may be obtained from South Coast Air Quality
Management District, 21865 E. Copley Drive, Diamond Bar, CA 91765, telephone
(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) Method 100, "Procedures for Continuous Gaseous
Emission Stack Sampling" (July 28, 1997).
(4) Test Method 513, "Determination of Permeation Rate
for Spill-Proof Systems" (July 6, 2000).
(5) Method 310, "Determination of Volatile Organic
Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol
Coating Products (Including Appendices A and B)" (May 5, 2005).
(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).
(9) "Certification Procedure 501 for Portable Fuel
Containers and Spill-Proof Spouts, CP-501" (July 26, 2006).
(10) "Test Procedure for Determining Integrity of
Spill-Proof Spouts and Spill-Proof Systems, TP-501" (July 26, 2006).
(11) "Test Procedure for Determining Diurnal Emissions
from Portable Fuel Containers, TP-502" (July 26, 2006).
b. Copies may be obtained from California Air Resources Board,
P.O. Box 2815, Sacramento, CA 95812, telephone (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, telephone (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; telephone (336)
884-5000.
15. Petroleum Equipment Institute.
a. The following document from the Petroleum Equipment
Institute is incorporated herein by reference: Recommended Practices for
Installation and Testing of Vapor-Recovery Systems at Vehicle-Fueling Sites,
PEI/RP300-09 (2009).
b. Copies may be obtained from Petroleum Equipment Institute,
6931 S. 66th E. Avenue, Suite 310, Tulsa, OK 74133; telephone (918) 494-9696;
www.pei.org.
16. American Architectural Manufacturers Association (AAMA).
a. The following documents from the American Architectural
Manufacturers Association are incorporated herein by reference:
(1) Voluntary Specification, Performance Requirements and Test
Procedures for High Performance Organic Coatings on Aluminum Extrusions and
Panels, publication number AAMA 2604-05.
(2) Voluntary Specification, Performance Requirements and Test
Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and
Panels, publication number AAMA 2605-05.
b. Copies may be obtained from American Architectural
Manufacturers Association, 1827 Walden Office Square, Suite 550, Schaumburg, IL
60173-4268; telephone (847) 303-5774.
9VAC5-40-5970. Reporting and recordkeeping.
A. With regard to the emissions standards in 9VAC5-40-5940
and 9VAC5-40-5945, the provisions of 9VAC5-40-50 (Notification, records and
reporting) apply.
B. With regard to the emission limits in 9VAC5-40-5935 and
9VAC5-40-5955, the following provisions apply:
1. 9VAC5-40-50 F and H;
2. 40 CFR 60.7; and
3. 40 CFR 60.38f(a) through (m) (n) except as
provided in 40 CFR 60.24 and 40 CFR 60.38f(d)(2), and 40 CFR 60.39f(a) through
(j).
Article 5
Environmental Protection Agency Standards of Performance for New Stationary
Sources (Rule 5-5)
9VAC5-50-400. General.
The U.S. Environmental Protection Agency Regulations on
Standards of Performance for New Stationary Sources (NSPSs), as promulgated in
40 CFR Part 60 and designated in 9VAC5-50-410 are, unless indicated otherwise,
incorporated by reference into the regulations of the board as amended by the
word or phrase substitutions given in 9VAC5-50-420. The complete text of the
subparts in 9VAC5-50-410 incorporated in this regulation by reference is
contained in 40 CFR Part 60. The 40 CFR section numbers appearing under each
subpart in 9VAC5-50-410 identify the specific provisions of the subpart
incorporated by reference. The specific version of the provision adopted by
reference shall be that contained in the CFR (2019) (2020) in
effect July 1, 2019 2020. In making reference to the Code of
Federal Regulations, 40 CFR Part 60 means Part 60 of Title 40 of the Code of
Federal Regulations; 40 CFR 60.1 means 60.1 in Part 60 of Title 40 of the Code
of Federal Regulations.
9VAC5-50-410. Designated standards of performance.
Subpart A - General Provisions.
40 CFR 60.1 through 40 CFR 60.3, 40 CFR 60.7, 40 CFR 60.8, 40
CFR 60.11 through 40 CFR 60.15, 40 CFR 60.18 through 40 CFR 60.19
(applicability, definitions, units and abbreviations,
notification and recordkeeping, performance tests, compliance, circumvention,
monitoring requirements, modification, reconstruction, general control device
requirements, and general notification and reporting requirements)
Subpart B - Not applicable.
Subpart C - Not applicable.
Subpart Ca - Reserved.
Subpart Cb - Not applicable.
Subpart Cc - Not applicable.
Subpart Cd - Not applicable.
Subpart Ce - Not applicable.
Subpart D - Fossil Fuel-Fired Steam Generators.
40 CFR 60.40 through 40 CFR 60.46
(fossil fuel-fired steam generating units of more than 250
million Btu per hour heat input rate and fossil fuel-fired and wood
residue-fired steam generating units capable of firing fossil fuel at a heat
input rate of more than 250 million Btu per hour)
Subpart Da - Electric Utility
Steam Generating Units.
40 CFR 60.40Da through 40 CFR 60.52Da
(electric utility steam generating units capable of combusting
more than 250 million Btu per hour heat input of fossil fuel (either alone or
in combination with any other fuel), and for which construction,
reconstruction, or modification is commenced after September 18, 1978)
Subpart Db - Industrial-Commercial-Institutional Steam
Generating Units.
40 CFR 60.40b through 40 CFR 60.49b
(industrial-commercial-institutional steam generating units
which have a heat input capacity from combusted fuels of more than 100 million
Btu per hour)
Subpart Dc - Small Industrial-Commercial-Institutional Steam
Generating Units.
40 CFR 60.40c through 40 CFR 60.48c
(industrial-commercial-institutional steam generating units
which have a heat input capacity of 100 million Btu per hour or less, but
greater than or equal to 10 million Btu per hour)
Subpart E - Incinerators.
40 CFR 60.50 through 40 CFR 60.54
(incinerator units of more than 50 tons per day charging rate)
Subpart Ea - Municipal Waste Combustors for which Construction
is Commenced after December 20, 1989, and on or before September 20, 1994.
40 CFR 60.50a through 40 CFR 60.59a
(municipal waste combustor units with a capacity greater than
250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Eb - Large Municipal Combustors for which Construction
is Commenced after September 20, 1994, or for which Modification or Reconstruction
is Commenced after June 19, 1996.
40 CFR 60.50b through 40 CFR 60.59b
(municipal waste combustor units with a capacity greater than
250 tons per day of municipal-type solid waste or refuse-derived fuel)
Subpart Ec - Hospital/Medical/Infectious Waste Incinerators for
which Construction is Commenced after June 20, 1996.
40 CFR 60.50c through 40 CFR 60.58c
(hospital/medical/infectious waste incinerators that combust
any amount of hospital waste and medical/infectious waste or both)
Subpart F - Portland Cement Plants.
40 CFR 60.60 through 40 CFR 60.66
(kilns, clinker coolers, raw mill systems, finish mill
systems, raw mill dryers, raw material storage, clinker storage, finished
product storage, conveyor transfer points, bagging and bulk loading and
unloading systems)
Subpart G - Nitric Acid Plants.
40 CFR 60.70 through 40 CFR 60.74
(nitric acid production units)
Subpart Ga - Nitric Acid Plants for which Construction,
Reconstruction, or Modification Commenced after October 14, 2011.
40 CFR 60.70a through 40 CFR 60.77a
(nitric acid production units producing weak nitric acid by
either the pressure or atmospheric pressure process)
Subpart H - Sulfuric Acid Plants.
40 CFR 60.80 through 40 CFR 60.85
(sulfuric acid production units)
Subpart I - Hot Mix Asphalt Facilities.
40 CFR 60.90 through 40 CFR 60.93
(dryers; systems for screening, handling, storing and weighing
hot aggregate; systems for loading, transferring and storing mineral filler;
systems for mixing asphalt; and the loading, transfer and storage systems
associated with emission control systems)
Subpart J - Petroleum Refineries.
40 CFR 60.100 through 40 CFR 60.106
(fluid catalytic cracking unit catalyst regenerators, fluid
catalytic cracking unit incinerator-waste heat boilers and fuel gas combustion
devices)
Subpart Ja - Petroleum Refineries for which Construction,
Reconstruction, or Modification Commenced after May 14, 2007.
40 CFR 60.100a through 40 CFR 60.109a
(fluid catalytic cracking units, fluid coking units, delayed
coking units, fuel gas combustion devices, including flares and process
heaters, and sulfur recovery plants)
Subpart K - Storage Vessels for Petroleum Liquids for which
Construction, Reconstruction, or Modification Commenced after June 11, 1973,
and prior to May 19, 1978.
40 CFR 60.110 through 40 CFR 60.113
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Ka - Storage Vessels for Petroleum Liquids for which
Construction, Reconstruction, or Modification Commenced after May 18, 1978, and
prior to July 23, 1984.
40 CFR 60.110a through 40 CFR 60.115a
(storage vessels with a capacity greater than 40,000 gallons)
Subpart Kb - Volatile Organic Liquid Storage Vessels (Including
Petroleum Liquid Storage Vessels) for which Construction, Reconstruction, or
Modification Commenced after July 23, 1984.
40 CFR 60.110b through 40 CFR 60.117b
(storage vessels with capacity greater than or equal to 10,566
gallons)
Subpart L - Secondary Lead Smelters.
40 CFR 60.120 through 40 CFR 60.123
(pot furnaces of more than 550 pound charging capacity, blast
(cupola) furnaces and reverberatory furnaces)
Subpart M - Secondary Brass and Bronze Production Plants.
40 CFR 60.130 through 40 CFR 60.133
(reverberatory and electric furnaces of 2205 pound or greater
production capacity and blast (cupola) furnaces of 550 pounds per hour or
greater production capacity)
Subpart N - Primary Emissions from Basic Oxygen Process
Furnaces for which Construction is Commenced after June 11, 1973.
40 CFR 60.140 through 40 CFR 60.144
(basic oxygen process furnaces)
Subpart Na - Secondary Emissions from Basic Oxygen Process
Steelmaking Facilities for which Construction is Commenced after January 20,
1983.
40 CFR 60.140a through 40 CFR 60.145a
(facilities in an iron and steel plant: top-blown BOPFs and
hot metal transfer stations and skimming stations used with bottom-blown or
top-blown BOPFs)
Subpart O - Sewage Treatment Plants.
40 CFR 60.150 through 40 CFR 60.154
(incinerators that combust wastes containing more than 10%
sewage sludge (dry basis) produced by municipal sewage treatment plants or
incinerators that charge more than 2205 pounds per day municipal sewage sludge
(dry basis))
Subpart P - Primary Copper Smelters.
40 CFR 60.160 through 40 CFR 60.166
(dryers, roasters, smelting furnaces, and copper converters)
Subpart Q - Primary Zinc Smelters.
40 CFR 60.170 through 40 CFR 60.176
(roasters and sintering machines)
Subpart R - Primary Lead Smelters
40 CFR 60.180 through 40 CFR 60.186
(sintering machines, sintering machine discharge ends, blast
furnaces, dross reverberatory furnaces, electric smelting furnaces and
converters)
Subpart S - Primary Aluminum Reduction Plants.
40 CFR 60.190 through 40 CFR 60.195
(potroom groups and anode bake plants)
Subpart T - Phosphate Fertilizer Industry: Wet-Process
Phosphoric Acid Plants.
40 CFR 60.200 through 40 CFR 60.205
(reactors, filters, evaporators, and hot wells)
Subpart U - Phosphate Fertilizer Industry: Superphosphoric Acid
Plants.
40 CFR 60.210 through 40 CFR 60.215
(evaporators, hot wells, acid sumps, and cooling tanks)
Subpart V - Phosphate Fertilizer Industry: Diammonium Phosphate
Plants.
40 CFR 60.220 through 40 CFR 60.225
(reactors, granulators, dryers, coolers, screens, and mills)
Subpart W - Phosphate Fertilizer Industry: Triple
Superphosphate Plants.
40 CFR 60.230 through 40 CFR 60.235
(mixers, curing belts (dens), reactors, granulators, dryers,
cookers, screens, mills, and facilities which store run-of-pile triple
superphosphate)
Subpart X - Phosphate Fertilizer Industry: Granular Triple
Superphosphate Storage Facilities.
40 CFR 60.240 through 40 CFR 60.245
(storage or curing piles, conveyors, elevators, screens and
mills)
Subpart Y - Coal Preparation and Processing Plants.
40 CFR 60.250 through 40 CFR 60.258
(plants which process more than 200 tons per day: thermal
dryers, pneumatic coal-cleaning equipment (air tables), coal processing and
conveying equipment (including breakers and crushers), coal storage systems,
and coal transfer and loading systems)
Subpart Z - Ferroalloy Production Facilities.
40 CFR 60.260 through 40 CFR 60.266
(electric submerged arc furnaces which produce silicon metal,
ferrosilicon, calcium silicon, silicomanganese zirconium, ferrochrome silicon,
silvery iron, high-carbon ferrochrome, charge chrome, standard ferromanganese,
silicomanganese, ferromanganese silicon or calcium carbide; and dust-handling
equipment)
Subpart AA - Steel Plants: Electric Arc Furnaces Constructed
after October 21, 1974, and on or before August 17, 1983.
40 CFR 60.270 through 40 CFR 60.276
(electric arc furnaces and dust-handling systems that produce
carbon, alloy or specialty steels)
Subpart AAa - Steel Plants: Electric Arc Furnaces and
Argon-Oxygen Decarburization Vessels Constructed after August 17, 1983.
40 CFR 60.270a through 40 CFR 60.276a
(electric arc furnaces, argon-oxygen decarburization vessels,
and dust-handling systems that produce carbon, alloy, or specialty steels)
Subpart BB - Kraft Pulp Mills.
40 CFR 60.280 through 40 CFR 60.285
(digester systems, brown stock washer systems, multiple effect
evaporator systems, black liquor oxidation systems, recovery furnaces, smelt
dissolving tanks, lime kilns, condensate strippers and kraft pulping
operations)
Subpart BBa - Kraft Pulp Mill Affected Sources for which
Construction, Reconstruction, or Modification Commenced after May 23, 2013.
40 CFR 60.280a through 40 CFR 60.288a
(digester systems, brown stock washer systems, multiple effect
evaporator systems, black liquor oxidation systems, recovery furnaces, smelt
dissolving tanks, lime kilns, condensate strippers, and kraft pulping
operations)
Subpart CC - Glass Manufacturing Plants.
40 CFR 60.290 through 40 CFR 60.296
(glass melting furnaces)
Subpart DD - Grain Elevators.
40 CFR 60.300 through 40 CFR 60.304
(grain terminal elevators/grain storage elevators: truck
unloading stations, truck loading stations, barge and ship unloading stations,
barge and ship loading stations, railcar unloading stations, railcar loading
stations, grain dryers, and all grain handling operations)
Subpart EE - Surface Coating of
Metal Furniture.
40 CFR 60.310 through 40 CFR 60.316
(metal furniture surface coating operations in which organic
coatings are applied)
Subpart FF - Reserved.
Subpart GG - Stationary Gas Turbines.
40 CFR 60.330 through 40 CFR 60.335
(stationary gas turbines with a heat input at peak load equal
to or greater than 10 million Btu per hour, based on the lower heating value of
the fuel fired)
Subpart HH - Lime Manufacturing Plants.
40 CFR 60.340 through 40 CFR 60.344
(each rotary lime kiln)
Subparts II through JJ - Reserved.
Subpart KK - Lead-Acid Battery Manufacturing Plants.
40 CFR 60.370 through 40 CFR 60.374
(lead-acid battery manufacturing plants that produce or have
the design capacity to produce in one day (24 hours) batteries containing an
amount of lead equal to or greater than 6.5 tons: grid casting facilities,
paste mixing facilities, three-process operation facilities, lead oxide
manufacturing facilities, lead reclamation facilities, and other lead-emitting
operations)
Subpart LL - Metallic Mineral Processing Plants.
40 CFR 60.380 through 40 CFR 60.386
(each crusher and screen in
open-pit mines; each crusher, screen, bucket elevator, conveyor belt transfer
point, thermal dryer, product packaging station, storage bin, enclosed storage
area, truck loading station, truck unloading station, railcar loading station,
and railcar unloading station at the mill or concentrator with the following
exceptions. All facilities located in underground mines are exempted from the
provisions of this subpart. At uranium ore processing plants, all facilities
subsequent to and including the beneficiation of uranium ore are exempted from
the provisions of this subpart)
Subpart MM - Automobile and Light Duty Truck Surface Coating
Operations.
40 CFR 60.390 through 40 CFR 60.397
(prime coat operations, guide coat operations, and top-coat
operations)
Subpart NN - Phosphate Rock Plants.
40 CFR 60.400 through 40 CFR 60.404
(phosphate rock plants which have a maximum plant production
capacity greater than four tons per hour: dryers, calciners, grinders, and
ground rock handling and storage facilities, except those facilities producing
or preparing phosphate rock solely for consumption in elemental phosphorous
production)
Subpart OO - Reserved.
Subpart PP - Ammonium Sulfate Manufacture.
40 CFR 60.420 through 40 CFR 60.424
(ammonium sulfate dryer within an ammonium sulfate manufacturing
plant in the caprolactam by-product, synthetic, and coke oven by-product
sectors of the ammonium sulfate industry)
Subpart QQ - Graphic Arts Industry: Publication Rotogravure
Printing.
40 CFR 60.430 through 40 CFR 60.435
(publication rotogravure printing presses, except proof
presses)
Subpart RR - Pressure Sensitive Tape and Label Surface Coating
Operations.
40 CFR 60.440 through 40 CFR 60.447
(pressure sensitive tape and label material coating lines)
Subpart SS - Industrial Surface Coating: Large Appliances.
40 CFR 60.450 through 40 CFR 60.456
(surface coating operations in large appliance coating lines)
Subpart TT - Metal Coil Surface Coating.
40 CFR 60.460 through 40 CFR 60.466
(metal coil surface coating operations: each prime coat
operation, each finish coat operation, and each prime and finish coat operation
combined when the finish coat is applied wet on wet over the prime coat and
both coatings are cured simultaneously)
Subpart UU - Asphalt Processing and Asphalt Roofing
Manufacture.
40 CFR 60.470 through 40 CFR
60.474
(each saturator and each mineral
handling and storage facility at asphalt roofing plants; and each asphalt
storage tank and each blowing still at asphalt processing plants, petroleum
refineries, and asphalt roofing plants)
Subpart VV - Equipment Leaks of
Volatile Organic Compounds in the Synthetic Organic Chemicals Manufacturing
Industry for which Construction, Reconstruction, or Modification Commenced after
January 5, 1981, and on or before November 7, 2006.
40
CFR 60.480 through 40 CFR 60.489
(all equipment within a process
unit in a synthetic organic chemicals manufacturing plant)
Subpart VVa - Equipment Leaks of VOC in the Synthetic Organic
Chemicals Manufacturing Industry for which Construction, Reconstruction, or
Modification Commenced after November 7, 2006.
40 CFR 60.480a through 40 CFR 60.489a
(all equipment within a process unit in a synthetic organic
chemicals manufacturing plant)
Subpart WW - Beverage Can Surface Coating Industry.
40 CFR 60.490 through 40 CFR 60.496
(beverage can surface coating lines: each exterior base coat
operation, each overvarnish coating operation, and each inside spray coating
operation)
Subpart XX - Bulk Gasoline Terminals.
40 CFR 60.500 through 40 CFR 60.506
(total of all loading racks at a bulk gasoline terminal which
deliver liquid product into gasoline tank trucks)
Subparts YY through ZZ - Reserved.
Subpart AAA - New Residential Wood Heaters.
40 CFR 60.530 through 40 CFR 60.539b
(NOTE: In accordance with Chapter 471 of the 2015 Acts of
Assembly, authority to enforce the above standard is being retained by EPA and
the standard is not incorporated by reference into these regulations. A state
permit may be required of certain facilities if the provisions of 9VAC5-50 and
9VAC5-80 apply. Owners should review those provisions and contact the
appropriate regional office for guidance on whether those provisions apply.)
Subpart BBB - Rubber Tire Manufacturing Industry.
40 CFR 60.540 through 40 CFR 60.548
(each undertread cementing operation, each sidewall cementing
operation, each tread end cementing operation, each bead cementing operation,
each green tire spraying operation, each Michelin-A operation, each Michelin-B
operation, and each Michelin-C automatic operation)
Subpart CCC - Reserved.
Subpart DDD - Volatile Organic Compound (VOC) Emissions from
the Polymer Manufacturing Industry.
40 CFR 60.560 through 40 CFR 60.566
(for polypropylene and polyethylene manufacturing using a
continuous process that emits continuously or intermittently: all equipment
used in the manufacture of these polymers. For polystyrene manufacturing using
a continuous process that emits continuously: each material recovery section.
For poly(ethylene terephthalate) manufacturing using a continuous process that
emits continuously: each polymerization reaction section; if dimethyl
terephthalate is used in the process, each material recovery section is also an
affected facility; if terephthalic acid is used in the process, each raw
materials preparation section is also an affected facility. For VOC emissions
from equipment leaks: each group of fugitive emissions equipment within any
process unit, excluding poly(ethylene terephthalate) manufacture.)
Subpart EEE - Reserved.
Subpart FFF - Flexible Vinyl and Urethane Coating and Printing.
40 CFR 60.580 through 40 CFR 60.585
(each rotogravure printing line used to print or coat flexible
vinyl or urethane products)
Subpart GGG - Equipment Leaks of VOC in Petroleum Refineries
for which Construction, Reconstruction, or Modification Commenced after January
4, 1983, and on or before November 7, 2006.
40 CFR 60.590 through 40 CFR 60.593
(each compressor, valve, pump pressure relief device, sampling
connection system, open-ended valve or line, and flange or other connector in
VOC service)
Subpart GGGa - Equipment Leaks of VOC in Petroleum Refineries
for which Construction, Reconstruction, or Modification Commenced after November
7, 2006.
40 CFR 60.590a through 40 CFR 60.593a
(each compressor, valve, pump pressure relief device, sampling
connection system, open-ended valve or line, and flange or other connector in
VOC service)
Subpart HHH - Synthetic Fiber Production Facilities.
40 CFR 60.600 through 40 CFR 60.604
(each solvent-spun synthetic fiber process that produces more
than 500 megagrams of fiber per year)
Subpart III - Volatile Organic Compound (VOC) Emissions from
the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation
Unit Processes.
40 CFR 60.610 through 40 CFR 60.618
(each air oxidation reactor not discharging its vent stream
into a recovery system and each combination of an air oxidation reactor or two
or more air oxidation reactors and the recovery system into which the vent
streams are discharged)
Subpart JJJ - Petroleum Dry
Cleaners.
40 CFR 60.620 through 40 CFR 60.625
(facilities located at a petroleum dry cleaning plant with a
total manufacturers' rated dryer capacity equal to or greater than 84 pounds:
petroleum solvent dry cleaning dryers, washers, filters, stills, and settling
tanks)
Subpart KKK - Equipment Leaks of VOC from Onshore Natural Gas
Processing Plants for which Construction, Reconstruction, or Modification
Commenced after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.630 through 40 CFR 60.636
(each compressor in VOC service or in wet gas service; each
pump, pressure relief device, open-ended valve or line, valve, and flange or
other connector that is in VOC service or in wet gas service, and any device or
system required by this subpart)
Subpart LLL - Sulfur Dioxide Emissions from Onshore Natural Gas
Processing for which Construction, Reconstruction, or Modification Commenced
after January 20, 1984, and on or before August 23, 2011.
40 CFR 60.640 through 40 CFR 60.648
(facilities that process natural gas: each sweetening unit,
and each sweetening unit followed by a sulfur recovery unit)
Subpart MMM - Reserved.
Subpart NNN - Volatile Organic Compound (VOC) Emissions from
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation
Operations.
40 CFR 60.660 through 40 CFR 60.668
(each distillation unit not discharging its vent stream into a
recovery system, each combination of a distillation unit or of two or more
units and the recovery system into which their vent streams are discharged)
Subpart OOO - Nonmetallic Mineral Processing Plants.
40 CFR 60.670 through 40 CFR 60.676
(facilities in fixed or portable nonmetallic mineral
processing plants: each crusher, grinding mill, screening operation, bucket
elevator, belt conveyor, bagging operation, storage bin, enclosed truck or railcar
loading station)
Subpart PPP - Wool Fiberglass Insulation Manufacturing Plants.
40 CFR 60.680 through 40 CFR 60.685
(each rotary spin wool fiberglass insulation manufacturing
line)
Subpart QQQ - VOC Emissions from Petroleum Refinery Wastewater
Systems.
40 CFR 60.690 through 40 CFR 60.699
(individual drain systems, oil-water separators, and aggregate
facilities in petroleum refineries)
Subpart RRR - Volatile Organic Compound Emissions from
Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes.
40 CFR 60.700 through 40 CFR 60.708
(each reactor process not discharging its vent stream into a
recovery system, each combination of a reactor process and the recovery system
into which its vent stream is discharged, and each combination of two or more
reactor processes and the common recovery system into which their vent streams
are discharged)
Subpart SSS - Magnetic Tape Coating Facilities.
40 CFR 60.710 through 40 CFR 60.718
(each coating operation and each piece of coating mix
preparation equipment)
Subpart TTT - Industrial Surface Coating: Surface Coating of
Plastic Parts for Business Machines.
40 CFR 60.720 through 40 CFR 60.726
(each spray booth in which plastic parts for use in the
manufacture of business machines receive prime coats, color coats, texture
coats, or touch-up coats)
Subpart UUU - Calciners and Dryers in Mineral Industries.
40 CFR 60.730 through 40 CFR 60.737
(each calciner and dryer at a mineral processing plant)
Subpart VVV - Polymeric Coating of Supporting Substrates
Facilities.
40 CFR 60.740 through 40 CFR 60.748
(each coating operation and any onsite coating mix preparation
equipment used to prepare coatings for the polymeric coating of supporting
substrates)
Subpart WWW - Municipal Solid Waste Landfills.
40 CFR 60.750 through 40 CFR 60.759
(municipal solid waste landfills for the containment of
household and Resource Conservation and Recovery Act (RCRA) Subtitle D wastes)
Subpart XXX - Municipal Solid Waste Landfills that Commenced
Construction, Reconstruction, or Modification After July 17, 2014
40 CFR 60.760 through 40 CFR 60.769
(municipal solid waste landfills for the containment of
household and RCRA Subtitle D wastes)
Subpart AAAA - Small Municipal
Waste Combustors for which Construction is Commenced after August 30, 1999, or
for which Modification or Reconstruction is Commenced after June 6, 2001.
40 CFR 60.1000 through 40 CFR 60.1465
(municipal waste combustor units with a capacity less than 250
tons per day and greater than 35 tons per day of municipal solid waste or
refuse-derived fuel)
Subpart BBBB - Not applicable.
Subpart CCCC - Commercial/Industrial Solid Waste Incinerators.
40 CFR 60.2000 through 40 CFR 60.2265
(an enclosed device using controlled flame combustion without
energy recovery that is a distinct operating unit of any commercial or
industrial facility, or an air curtain incinerator without energy recovery that
is a distinct operating unit of any commercial or industrial facility)
Subpart DDDD - Not applicable.
Subpart EEEE - Other Solid Waste Incineration Units for which
Construction is Commenced after December 9, 2004, or for which Modification or
Reconstruction is Commenced on or after June 16, 2006.
40 CFR 60.2880 through 40 CFR 60.2977
(very small municipal waste combustion units with the capacity
to combust less than 35 tons per day of municipal solid waste or refuse-derived
fuel, and institutional waste incineration units owned or operated by an
organization having a governmental, educational, civic, or religious purpose)
Subpart FFFF - Reserved.
Subpart GGGG - Reserved.
Subpart HHHH - Reserved.
Subpart IIII - Stationary Compression Ignition Internal
Combustion Engines.
40 CFR 60.4200 through 40 CFR 60.4219
(NOTE: Authority to enforce the above standard is being
retained by EPA and the standard is not incorporated by reference into these
regulations for any source that is not (i) a major source as defined in
9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating
Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary
Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to
Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain
Sources) of Part II of 9VAC5-80.)
Subpart JJJJ - Stationary Spark
Ignition Internal Combustion Engines.
40 CFR 60.4230 through 40 CFR 60.4248
(NOTE: Authority to enforce the above standard is being
retained by EPA and the standard is not incorporated by reference into these
regulations for any source that is not (i) a major source as defined in
9VAC5-80-60 and subject to Article 1 (9VAC5-80-50 et seq., Federal Operating
Permits for Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary
Sources) or (ii) an affected source as defined in 9VAC5-80-370 and subject to
Article 3 (9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain
Sources) of Part II of 9VAC5-80.)
Subpart KKKK - Stationary Combustion Turbines.
40 CFR 60.4300 through 40 CFR 60.4420
(stationary combustion turbine with a heat input at peak load
equal to or greater than 10.7 gigajoules (10 MMBtu) per hour)
Subpart LLLL - Sewage Sludge Incineration Units.
40 CFR 60.4760 through 40 CFR 60.4925
(an incineration unit combusting sewage sludge for the purpose
of reducing the volume of the sewage sludge by removing combustible matter,
including the sewage sludge feed system, auxiliary fuel feed system, grate
system, flue gas system, waste heat recovery equipment, and bottom ash system;
and all ash handling systems connected with the bottom ash handling system)
Subpart MMMM - Reserved.
Subpart NNNN - Reserved.
Subpart OOOO - Crude Oil and Natural Gas Production,
Transmission and Distribution for which Construction, Modification, or
Reconstruction Commenced after August 23, 2011, and on or before September 18,
2015.
40 CFR 60.5360 through 40 CFR 60.5499
(facilities that operate gas wells, centrifugal compressors,
reciprocating compressors, pneumatic controllers, and storage vessels)
Subpart OOOOa - Crude Oil and Natural Gas Facilities for which Construction,
Modification, or Reconstruction Commenced after September 18, 2015.
40 CFR 60.5360a through 40 CFR 60.5499a
(NOTE: Authority to enforce the above standard is being
retained by EPA and it is not incorporated by reference into these regulations
for any source that is not (i) a major source as defined in 9VAC5-80-60 and
subject to Article 1 (9VAC5-80-50 et seq., Federal Operating Permits for
Stationary Sources) of Part II of 9VAC5-80 (Permits for Stationary Sources) or
(ii) an affected source as defined in 9VAC5-80-370 and subject to Article 3
(9VAC5-80-360 et seq., Federal Operating Permits for Acid Rain Sources) of Part
II of 9VAC5-80. (facilities that operate gas wells, centrifugal
compressors, reciprocating compressors, pneumatic controllers and pumps,
storage vessels, and sweetening units)
Subpart PPPP - Reserved.
Subpart QQQQ - New Residential Hydronic Heaters and Forced-Air
Furnaces
40 CFR 60.5472 through 40 CFR 60.5483
(NOTE: In accordance with Chapter 471 of the 2015 Acts of
Assembly, authority to enforce the above standard is being retained by EPA and
the standard is not incorporated by reference into these regulations. A state
permit may be required of certain facilities if the provisions of 9VAC5-50 and
9VAC5-80 apply. Owners should review those provisions and contact the
appropriate regional office for guidance on whether those provisions apply.)
Subpart RRRR - Reserved.
Subpart SSSS - Reserved.
Subpart TTTT - Reserved.
Appendix A - Test methods.
Appendix B - Performance specifications.
Appendix C - Determination of Emission Rate Change.
Appendix D - Required Emission Inventory Information.
Appendix E - Reserved.
Appendix F - Quality Assurance Procedures.
Appendix G - Not applicable.
Appendix H - Reserved.
Appendix I - Removable label and owner's manual.
Part II
Emission Standards
Article 1
Environmental Protection Agency National Emission Standards for Hazardous Air
Pollutants (Rule 6-1)
9VAC5-60-60. General.
The Environmental Protection Agency (EPA) Regulations on
National Emission Standards for Hazardous Air Pollutants (NESHAP), as
promulgated in 40 CFR Part 61 and designated in 9VAC5-60-70 are, unless
indicated otherwise, incorporated by reference into the regulations of the
board as amended by the word or phrase substitutions given in 9VAC5-60-80. The
complete text of the subparts in 9VAC5-60-70 incorporated in this regulation by
reference is contained in 40 CFR Part 61. The 40 CFR section numbers appearing under
each subpart in 9VAC5-60-70 identify the specific provisions of the subpart
incorporated by reference. The specific version of the provision adopted by
reference shall be that contained in the CFR (2019) (2020) in
effect July 1, 2019 2020. In making reference to the Code of
Federal Regulations, 40 CFR Part 61 means Part 61 of Title 40 of the Code of
Federal Regulations; 40 CFR 61.01 means 61.01 in Part 61 of Title 40 of the
Code of Federal Regulations.
Article 2
Environmental Protection Agency National Emission Standards for Hazardous Air
Pollutants for Source Categories (Rule 6-2)
9VAC5-60-90. General.
The Environmental Protection Agency (EPA) National Emission
Standards for Hazardous Air Pollutants for Source Categories (Maximum
Achievable Control Technologies, or MACTs) as promulgated in 40 CFR Part 63 and
designated in 9VAC5-60-100 are, unless indicated otherwise, incorporated by
reference into the regulations of the board as amended by the word or phrase
substitutions given in 9VAC5-60-110. The complete text of the subparts in
9VAC5-60-100 incorporated in this regulation by reference is contained in 40
CFR Part 63. The 40 CFR section numbers appearing under each subpart in
9VAC5-60-100 identify the specific provisions of the subpart incorporated by
reference. The specific version of the provision adopted by reference shall be
that contained in the CFR (2019) (2020) in effect July 1, 2019
2020. In making reference to the Code of Federal Regulations, 40 CFR
Part 63 means Part 63 of Title 40 of the Code of Federal Regulations; 40 CFR
63.1 means 63.1 in Part 63 of Title 40 of the Code of Federal Regulations.
VA.R. Doc. No. R21-6452; Filed September 23, 2020, 5:09 a.m.
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The
State Air Pollution Control Board is claiming an exemption from Article 2 of
the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the
Code of Virginia, which excludes regulations that are necessary to conform to
changes in Virginia statutory law or the appropriation act where no agency
discretion is involved. 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: 9VAC5-80. Permits for
Stationary Sources (Rev. E20) (amending 9VAC5-80-1110, 9VAC5-80-1170,
9VAC5-80-1410, 9VAC5-80-1460, 9VAC5-80-1775, 9VAC5-80-2070).
9VAC5-170. Regulation for General Administration (Rev. E20) (amending 9VAC5-170-140).
Statutory Authority:
§ 10.1-1308 of the Code of Virginia; federal Clean Air Act
(§§ 110, 112, 165, 173, 182, and Title V); 40 CFR Parts 51, 61, 63, 70,
and 72 (9VAC5-80-1110, 9VAC5-80-1170, 9VAC5-80-1410, 9VAC5-80-1460,
9VAC5-80-1775, 9VAC5-80-2070).
§ 10.1-1308 of the Code of Virginia; federal Clean Air Act
(§ 110); 40 CFR Part 51 (9VAC5-170-140).
Effective Date: November 11, 2020.
Agency Contact: Karen G. Sabasteanski, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4426, or email karen.sabasteanski@deq.virginia.gov.
Summary:
In accordance with Chapter 1110 of the 2020 Acts of
Assembly, the amendments add new public participation requirements for permits
and variances for certain facility types with the potential to have an impact
on a locality particularly affected. A "locality particularly
affected" means any locality that bears any identified disproportionate
material air quality impact that would not be experienced by other localities.
9VAC5-80-1110. Definitions.
A. For the purpose of applying this article in the context of
the Regulations for the Control and Abatement of Air Pollution and related
uses, the words or terms shall have the meanings given them in subsection C of
this section.
B. As used in this article, all terms not defined herein
in subsection C of this section shall have the meanings given them in
9VAC5-10 (General Definitions), unless otherwise required by context.
C. Terms defined.
"Addition" means the construction of a new
emissions unit at or the relocation of an existing emissions unit to a
stationary source.
"Affected emissions units" means the following
emissions units, as applicable:
1. For a new stationary source, all emissions units.
2. For a project, the added, modified, and replacement emissions
units that are part of the project.
"Applicable federal requirement" means all of, but
not limited to, the following as they apply to affected emissions units subject
to this article (including, including requirements that have been
promulgated or approved by the administrator through rulemaking at the time of
permit issuance but have future-effective compliance dates) dates:
1. Any standard or other requirement provided for in an
implementation plan established pursuant to § 110, § 111(d),
or § 129 of the federal Clean Air Act, including any
source-specific provisions such as consent agreements or orders.
2. Any term or condition in any construction permit issued
under the new source review program or in any operating permit issued pursuant
to the state operating permit program. However, those terms or conditions
designated as state-only enforceable pursuant to 9VAC5-80-1120 F or
9VAC5-80-820 G shall not be applicable federal requirements.
3. Any emission standard, alternative emission standard, alternative
emissions limitation, equivalent emissions limitation, or other
requirement established pursuant to § 112 or § 129 of the
federal Clean Air Act as amended in 1990.
4. Any new source performance standard or other requirement
established pursuant to § 111 of the federal Clean Air Act, and any
emission standard or other requirement established pursuant to § 112 of
the federal Clean Air Act before it was amended in 1990.
5. Any limitations and conditions or other requirement in a
Virginia regulation or program that has been approved by EPA under Subpart E of
40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the
federal Clean Air Act.
6. Any requirement concerning accident prevention under
§ 112(r)(7) of the federal Clean Air Act.
7. Any compliance monitoring requirements established pursuant
to either § 504(b) or § 114(a)(3) of the federal Clean Air
Act.
8. Any standard or other requirement for consumer and
commercial products under § 183(e) of the federal Clean Air Act.
9. Any standard or other requirement for tank vessels under
§ 183(f) of the federal Clean Air Act.
10. Any standard or other requirement in 40 CFR Part 55 to
control air pollution from outer continental shelf sources.
11. Any standard or other requirement of the regulations
promulgated to protect stratospheric ozone under Title VI of the federal Clean
Air Act, unless the administrator has determined that such requirements
need not be contained in a federal operating permit.
12. With regard to temporary sources subject to 9VAC5-80-130,
(i) any ambient air quality standard, except applicable state requirements, and
(ii) requirements regarding increments or visibility as provided in Article 8
(9VAC5-80-1605 et seq.) of this part.
13. Any standard or other requirement under § 126 (a)(1)
and (c) of the federal Clean Air Act.
"Begin actual construction" means initiation of
permanent physical on-site construction of an emissions unit. This includes,
but is not limited to, installation of building supports and foundations,
laying of underground pipework, and construction of permanent storage
structures. With respect to a change in method of operation, this term refers
to those on-site activities other than preparatory activities which that
mark the initiation of the change. With respect to the initial location or
relocation of a portable emissions unit, this term refers to the delivery of
any portion of the portable emissions unit to the site.
"Clean wood" means uncontaminated natural or untreated
wood. Clean wood includes but is not limited to (i)
byproducts of harvesting activities conducted for forest management or
commercial logging, or (ii) mill residues consisting of bark,
chips, edgings, sawdust, shavings, or slabs. It "Clean
wood" does not include wood that has been treated, adulterated, or
chemically changed in some way; treated with glues, binders, or resins; or
painted, stained, or coated.
"Commence," as applied to the construction of an
emissions unit, means that the owner has all necessary preconstruction
approvals or permits and has either:
1. Begun, or caused to begin, a continuous
program of actual on-site construction of the unit, to be completed within a
reasonable time; or
2. Entered into binding agreements or contractual obligations,
which cannot be canceled or modified without substantial loss to the owner, to
undertake a program of actual construction of the unit, to be completed within
a reasonable time.
"Complete application" means that the application
contains all the information necessary for processing the application and that
the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law
have been met. Designating an application complete for purposes of permit
processing does not preclude the board from requesting or accepting additional
information.
"Construction" means fabrication, erection,
installation, demolition, relocation, addition, replacement, or modification of
an emissions unit that would result in a change in the uncontrolled emission
rate.
"Construction waste" means solid waste that is
produced or generated during construction, remodeling, or repair of pavements,
houses, commercial buildings, and other structures. Construction wastes include,
but are not limited to, lumber, wire, sheetrock, broken brick, shingles,
glass, pipe, concrete, paving materials, and metal and plastics if the metal or
plastics are a part of the materials of construction or empty containers for
such materials. Paints, coatings, solvents, asbestos, any liquid, compressed
gases or semi-liquids, and garbage are not construction wastes.
"Debris waste" means wastes resulting from land
clearing operations. Debris wastes include, but are not limited to,
stumps, wood, brush, leaves, soil, and road spoils.
"Demolition waste" means that solid waste that is
produced by the destruction of structures or their foundations, or both, and
includes the same materials as construction wastes.
"Diesel engine" means, for the purposes of
9VAC5-80-1105 A 1 b, any internal combustion engine that burns diesel or #2
fuel oil to provide power to processing equipment for a vegetative waste
recycling/mulching operation.
"Emergency" means a condition that arises from
sudden and reasonably unforeseeable events where the primary energy or power
source is disrupted or disconnected due to conditions beyond the control of an
owner or operator of a facility including:
1. A failure of the electrical grid;
2. On-site disaster or equipment failure;
3. Public service emergencies such as flood, fire, natural
disaster, or severe weather conditions; or
4. An ISO-declared emergency, where an ISO emergency is:
a. An abnormal system condition requiring manual or automatic
action to maintain system frequency, to prevent loss of firm load, equipment
damage, or tripping of system elements that could adversely affect the
reliability of an electric system or the safety of persons or property;
b. Capacity deficiency or capacity excess conditions;
c. A fuel shortage requiring departure from normal operating
procedures in order to minimize the use of such scarce fuel;
d. Abnormal natural events or man-made threats that would
require conservative operations to posture the system in a more reliable state;
or
e. An abnormal event external to the ISO service territory
that may require ISO action.
"Emissions cap" means any limitation on the rate of
emissions of any air pollutant from one or more emissions units established and
identified as an emissions cap in any permit issued pursuant to the new source
review program or operating permit program.
"Emissions limitation" means a requirement
established by the board that limits the quantity, rate, or concentration of
emissions of air pollutants on a continuous basis, including any requirement
relating to the operation or maintenance of a source to assure continuous
emissions reduction, and any design standard, equipment standard, work
practice, operational standard, or pollution prevention technique.
"Emissions unit" means any part of a stationary
source which that emits or would have the potential to emit any
regulated air pollutant.
"Enforceable as a practical matter" means that the
permit contains emissions limitations that are enforceable by the board or the
department and meet the following criteria:
1. Are permanent;
2. Contain a legal obligation for the owner to adhere to the
terms and conditions;
3. Do not allow a relaxation of a requirement of the
implementation plan;
4. Are technically accurate and quantifiable;
5. Include averaging times or other provisions that allow at
least monthly (or a shorter period if necessary to be consistent with the
implementation plan) checks on compliance. This may include, but not be
limited to, the following: compliance with annual limits in a rolling
basis, monthly or shorter limits, and other provisions consistent with this
article and other regulations of the board; and
6. Require a level of recordkeeping, reporting, and
monitoring sufficient to demonstrate compliance.
"Existing stationary source" means any stationary
source other than a new stationary source.
"Federal hazardous air pollutant new source review
program" means a program for the preconstruction review and approval of
the construction, reconstruction, or modification of any stationary source in
accordance with regulations specified below and promulgated to implement the
requirements of § 112 (relating to hazardous air pollutants) of the
federal Clean Air Act.
1. The provisions of 40 CFR 61.05, 40 CFR 61.06, 40 CFR 61.07,
40 CFR 61.08 and 40 CFR 61.15 for issuing approvals of the construction of any
new source or modification of any existing source subject to the provisions of
40 CFR Part 61.
2. The provisions of 40 CFR 63.5 for issuing approvals to
construct a new source or reconstruct a source subject to the provisions of 40
CFR Part 63, except for Subparts B, D and E.
3. The provisions of 40 CFR 63.50 through 40 CFR 63.56 for
issuing Notices of MACT Approval prior to the construction of a new emissions
unit.
"Federally enforceable" means all limitations and
conditions that are enforceable by the administrator and citizens under the
federal Clean Air Act or that are enforceable under other statutes administered
by the administrator. Federally enforceable limitations and conditions include,
but are not limited to, the following:
1. Emission standards, alternative emission standards,
alternative emissions limitations, and equivalent emissions limitations
established pursuant to § 112 of the federal Clean Air Act, as amended in
1990.
2. New source performance standards established pursuant to
§ 111 of the federal Clean Air Act, and emission standards established
pursuant to § 112 of the federal Clean Air Act before it was amended in
1990.
3. All terms and conditions (unless, unless
expressly designated as state-only enforceable) enforceable, in a
federal operating permit, including any provisions that limit a source's
potential to emit.
4. Limitations and conditions that are part of an
implementation plan established pursuant to § 110, § 111(d) or § 129
of the federal Clean Air Act.
5. Limitations and conditions (unless, unless
expressly designated as state-only enforceable) enforceable, that
are part of a federal construction permit issued under 40 CFR 52.21 or any
construction permit issued under regulations approved by EPA into the
implementation plan.
6. Limitations and conditions (unless, unless
expressly designated as state-only enforceable) enforceable, that
are part of a state operating permit where the permit and the permit program
pursuant to which it was issued meet all of the following criteria:
a. The operating permit program has been approved by the EPA
into the implementation plan under § 110 of the federal Clean Air Act.
b. The operating permit program imposes a legal obligation that
operating permit holders adhere to the terms and limitations of such permits
and provides that permits that do not conform to the operating permit program
requirements and the requirements of EPA's underlying regulations may be deemed
not federally enforceable by EPA.
c. The operating permit program requires that all emissions
limitations, controls, and other requirements imposed by such permits will be
at least as stringent as any other applicable limitations and requirements
contained in the implementation plan or enforceable under the implementation
plan, and that the program may not issue permits that waive, or make
less stringent, any limitations or requirements contained in or issued
pursuant to the implementation plan, or that are otherwise federally
enforceable.
d. The limitations, controls, and requirements in the permit
in question are permanent, quantifiable, and otherwise enforceable as a
practical matter.
e. The permit in question was issued only after adequate and
timely notice and opportunity for comment by the EPA and the public.
7. Limitations and conditions in a regulation of the board or
program that has been approved by EPA under Subpart E of 40 CFR Part 63 for the
purposes of implementing and enforcing § 112 of the federal Clean Air Act.
8. Individual consent agreements that EPA has legal authority
to create.
"Federal operating permit" means a permit issued
under the federal operating permit program.
"Federal operating permit program" means an
operating permit system (i) for issuing terms and conditions for major
stationary sources, (ii) established to implement the requirements of Title V
of the federal Clean Air Act and associated regulations, and (iii) codified in
Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3
(9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of this part.
"Fixed capital cost" means the capital needed to
provide all the depreciable components.
"Fugitive emissions" means those emissions that
could not reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
"General permit" means a permit issued under this
article that meets the requirements of 9VAC5-80-1250.
"Hazardous air pollutant" means (i) any air
pollutant listed in § 112(b) of the federal Clean Air Act, as amended by
Subpart C of 40 CFR Part 63, and (ii) incorporated by reference into the
regulations of the board in subdivision 1 of 9VAC5-60-92.
"Independent system operator" or "ISO"
means a person that may receive or has received by transfer pursuant to
§ 56-576 of the Code of Virginia any ownership or control of, or any
responsibility to operate, all or part of the transmission systems in the
Commonwealth.
"Locality particularly affected" means any
locality that bears any identified disproportionate material air quality impact
that would not be experienced by other localities.
"Major modification" means any project at a major
stationary source that would result in a significant emissions increase in any
regulated air pollutant. For projects, the emissions increase may take into
consideration any state and federally enforceable permit conditions that will
be placed in a permit resulting from a permit application deemed complete under
the provisions of 9VAC5-80-1160 B.
"Major new source review (NSR) permit" means a
permit issued under the major new source review program.
"Major new source review (major NSR) program" means
a preconstruction review and permit program (i) for new major stationary
sources or major modifications (physical changes or changes in the method of
operation); (ii) established to implement the requirements of §§ 112, 165,
and 173 of the federal Clean Air Act and associated regulations; and (iii)
codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et
seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.
"Major stationary source" means any stationary
source that emits, or has the potential to emit, 100 tons or more
per year of any regulated air pollutant. For new stationary sources, the
potential to emit may take into consideration any state and federally
enforceable permit conditions that will be placed in a permit resulting from a
permit application deemed complete under the provisions of 9VAC5-80-1160 B.
"Minor new source review (NSR) permit" means a
permit issued pursuant to this article.
"Minor new source review (minor NSR) program" means
a preconstruction review and permit program (i) for regulated air pollutants
from new stationary sources or projects that are not subject to review under
the major new source review program;, (ii) established to
implement the requirements of §§ 110(a)(2)(C) and 112 of the federal Clean
Air Act and associated regulations;, and (iii) codified in this
article. The minor NSR program may also be used to implement the terms and
conditions described in 9VAC5-80-1120 F 1; however, those terms and conditions
shall be state-only enforceable and shall not be applicable federal
requirements.
"Modification" means any physical change in, or
change in the method of operation of an emissions unit that increases the
uncontrolled emission rate of any regulated air pollutant emitted into the
atmosphere by the unit or that results in the emission of any regulated air
pollutant into the atmosphere not previously emitted. The following shall not
be considered physical changes or changes in the method of operation under this
definition:
1. Maintenance, repair, and replacement of components
that the board determines to be routine for a source type and which does not
fall within the definition of "replacement";
2. An increase in the throughput or production rate of a unit (unless,
unless previously limited by any state enforceable and federally
enforceable permit conditions established pursuant to this chapter) chapter,
if that increase does not exceed the operating design capacity of that unit;
3. An increase in the hours of operation (unless,
unless previously limited by any state enforceable and federally
enforceable permit conditions established pursuant to this chapter) chapter;
4. Use of an alternative fuel or raw material (unless,
unless previously limited by any state enforceable and federally
enforceable permit conditions established pursuant to this chapter) chapter,
if, prior to the date any provision of the regulations of the board becomes
applicable to the source type, the emissions unit was designed to accommodate
that alternative use. A unit shall be considered to be designed to accommodate
an alternative fuel or raw material if provisions for that use were included in
the final construction specifications;
5. Use of an alternative fuel or raw material that the
emissions unit is approved to use under any new source review permit;
6. The addition, replacement, or use of any system or
device whose primary function is the reduction of air pollutants, except when a
system or device that is necessary to comply with applicable air pollution
control laws, permit conditions, or regulations is replaced by a system
or device which that the board considers to be less efficient in
the control of air pollution emissions;
7. The removal of any system or device whose primary function
is the reduction of air pollutants if the system or device is not (i) necessary
for the source to comply with any applicable air pollution control laws, permit
conditions, or regulations or (ii) used to avoid any applicable new source
review program requirement; or
8. A change in ownership at a stationary source.
"Necessary preconstruction approvals or permits"
means those permits or approvals required under the NSR program that is part of
the implementation plan.
"New source review (NSR) permit" means a permit
issued under the new source review program.
"New source review (NSR) program" means a
preconstruction review and permit program (i) for regulated air pollutants from
new stationary sources or projects (physical changes or changes in the method
of operation); (ii) established to implement the requirements of
§§ 110(a)(2)(C), 112 (relating to permits for hazardous air pollutants),
165 (relating to permits in prevention of significant deterioration areas), and
173 (relating to permits in nonattainment areas) of the federal Clean Air Act
and associated regulations; and (iii) codified in this article, Article 7
(9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9
(9VAC5-80-2000 et seq.) of this part. The NSR program may also be used to
implement the terms and conditions described in 9VAC5-80-1120 F 1; however,
those terms and conditions shall be state-only enforceable and shall not be applicable
federal requirements.
"New stationary source" means any stationary source
to be constructed at or relocated to an undeveloped site.
"Nonroad engine" means any internal combustion
engine:
1. In or on a piece of equipment that is self-propelled or serves
a dual purpose by both propelling itself and performing another function (such,
such as garden tractors, off-highway mobile cranes and bulldozers) bulldozers;
2. In or on a piece of equipment that is intended to be
propelled while performing its function (such, such as lawnmowers
and string trimmers) trimmers; or
3. That, by itself or in or on a piece of equipment, is
portable or transportable, meaning designed to be capable of being carried or
moved from one location to another. Indications of transportability include,
but are not limited to, wheels, skids, carrying handles, dollies, trailers,
or platforms.
An internal combustion engine is not a nonroad engine if (i)
the engine is used to propel a motor vehicle or a vehicle used solely for
competition, or is subject to standards promulgated under § 202 of the
federal Clean Air Act; or (ii) the engine otherwise included in subdivision 3
of this definition remains or will remain at a location for more than 12
consecutive months or a shorter period of time for an engine located at a
seasonal source.
For purposes of this definition, a location is any single
site at a building, structure, facility, or installation. Any engine or engines
that replace an engine at a location and that are intended to perform the same
or similar function as the engine replaced will be included in calculating the
consecutive time period. An engine located at a seasonal source is an engine
that remains at a seasonal source during the full annual operating period of
the seasonal source. A seasonal source is a stationary source that remains in a
single location on a permanent basis (i.e., at least two years) and that
operates at the single location approximately three months or more each year.
This subdivision does not apply to an engine after the engine is removed from
the location.
"Plantwide applicability limitation (PAL)" limitation"
or "PAL" means an emissions limitation expressed in tons per
year, for a pollutant at a major stationary source, that is enforceable as a
practical matter and established sourcewide in accordance with 9VAC5-80-1865 or
9VAC5-80-2144.
"PAL permit" means the state operating permit
issued by the board that establishes a PAL for a major stationary source.
"Portable," in reference to emissions units, means
an emissions unit that is designed to have the capability of being moved from
one location to another for the purpose of operating at multiple locations and
storage when idle. Indications of portability include, but are not limited
to, wheels, skids, carrying handles, dolly, trailer, or platform.
"Potential to emit" means the maximum capacity of a
stationary source to emit a pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment, and restrictions
on hours of operation or on the type or amount of material combusted, stored,
or processed, shall be treated as part of its design only if the limitation or
its effect on emissions is state and federally enforceable. Secondary emissions
do not count in determining the potential to emit of a stationary source.
"Precursor pollutant" means the following:
1. Volatile organic compounds and nitrogen oxides are
precursors to ozone.
2. Sulfur dioxide is a precursor to PM2.5.
3. Nitrogen oxides are presumed to be precursors to PM2.5
in all PM2.5, unless the board determines that emissions of
nitrogen oxides from sources in a specific area are not a significant
contributor to that area's ambient PM2.5 concentrations.
4. Volatile organic compounds and ammonia are presumed not to
be precursors to PM2.5, unless the board determines that emissions
of volatile organic compounds or ammonia from sources in a specific area are a
significant contributor to that area's ambient PM2.5 concentrations.
"Process operation" means any method, form, action,
operation, or treatment of manufacturing or processing, including any storage
or handling of materials or products before, during, or after manufacturing or
processing.
"Project" means any change at an existing
stationary source consisting of the addition, replacement, or modification of
one or more emissions units.
"Public comment period" means a time during which
the public shall have the opportunity to comment on the permit application
information (exclusive, exclusive of confidential information)
information, for a new stationary source or project, the preliminary
review and analysis of the effect of the source upon the ambient air quality,
and the preliminary decision of the board regarding the permit application.
"Reactivation" means beginning operation of an
emissions unit that has been shut down.
"Reconstruction" means, for the sole purposes of
9VAC5-80-1210 A, B, and C, the replacement of an emissions unit or its
components to such an extent that:
1. The fixed capital cost of the new components exceeds 50% of
the fixed capital cost that would be required to construct a comparable
entirely new unit;
2. The replacement significantly extends the life of the emissions
unit; and
3. It is technologically and economically feasible to meet the
applicable emission standards prescribed under regulations of the board.
Any determination by the board as to whether a proposed
replacement constitutes reconstruction shall be based on:
1. The fixed capital cost of the replacements in comparison to
the fixed capital cost of the construction of a comparable entirely new unit;
2. The estimated life of the unit after the replacements
compared to the life of a comparable entirely new unit;
3. The extent to which the components being replaced cause or
contribute to the emissions from the unit; and
4. Any economic or technical limitations on compliance with
applicable standards of performance that are inherent in the proposed
replacements.
"Regulated air pollutant" means any of the
following:
1. Nitrogen oxides or any volatile organic compound.
2. Any pollutant (including, including any
associated precursor pollutant) pollutant, for which an ambient
air quality standard has been promulgated.
3. Any pollutant subject to any standard promulgated under 40
CFR Part 60.
4. Any pollutant subject to a standard promulgated under or
other requirements established under 40 CFR Part 61 and any pollutant regulated
under 40 CFR Part 63.
5. Any pollutant subject to a regulation adopted by the board.
"Relocation" means a change in physical location of
a stationary source or an emissions unit from one stationary source to another
stationary source.
"Replacement" means the substitution of an
emissions unit for an emissions unit located at a stationary source, which will
thereafter perform the same function as the replaced emissions unit.
"Secondary emissions" means emissions which that
occur or would occur as a result of the construction or operation of a new
stationary source or an emissions unit, but do not come from the stationary
source itself. For the purpose of this article, secondary emissions must be
specific, well-defined, and quantifiable; and must affect the same general
areas as the stationary source that causes the secondary emissions. Secondary
emissions include emissions from any off site support facility that would not
be constructed or increase its emissions except as a result of the construction
or operation of the stationary source or emissions unit. Secondary emissions do
not include any emissions that come directly from a mobile source, such as
emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.
"Significant" means:
1. In reference to an emissions increase, an increase in
potential to emit that would equal or exceed any of the following rates:
a. In ozone nonattainment areas classified as serious or
severe in 9VAC5-20-204:
Pollutant
|
Emissions Rate
|
Carbon Monoxide
|
100 tons per year (tpy)
|
Nitrogen Oxides
|
25 tpy
|
Sulfur Dioxide
|
40 tpy
|
Particulate Matter (PM)
|
25 tpy
|
Particulate Matter (PM10)
|
15 tpy
|
Particulate Matter (PM2.5)
|
10 tpy
|
Volatile organic compounds
|
25 tpy
|
Lead
|
0.6 tpy
|
b. In all other areas:
Pollutant
|
Emissions Rate
|
Carbon Monoxide
|
100 tons per year (tpy)
|
Nitrogen Oxides
|
40 tpy
|
Sulfur Dioxide
|
40 tpy
|
Particulate Matter (PM)
|
25 tpy
|
Particulate Matter (PM10)
|
15 tpy
|
Particulate Matter (PM2.5)
|
10 tpy
|
Volatile organic compounds
|
40 tpy
|
Lead
|
0.6 tpy
|
2. In reference to an emissions increase for a regulated air
pollutant not listed in subdivision 1 of this definition, there is no emissions
rate that shall be considered significant.
3. If the particulate matter (PM10 or PM2.5)
emissions for a stationary source or emissions unit can be determined in a
manner acceptable to the board and the emissions increase is determined to be
significant using the emission rate for particulate matter (PM10 or
PM2.5), the stationary source or emissions unit shall be considered
to be significant for particulate matter (PM). If the emissions of particulate
matter (PM10 or PM2.5) cannot be determined in a manner
acceptable to the board, the emission rate for particulate matter (PM) shall be
used to determine whether the emissions increase is significant.
"Significant emissions increase" means, for a
regulated air pollutant, an increase in emissions that is significant for that
pollutant.
"Site" means one or more contiguous or adjacent
properties under the control of the same person (or or of persons
under common control) control.
"Source category schedule for standards" means the
schedule (i) issued pursuant to § 112(e) of the federal Clean Air Act for
promulgating MACT standards issued pursuant to § 112(d) of the federal
Clean Air Act and (ii) incorporated by reference into the regulations of the
board in subdivision 2 of 9VAC5-60-92.
"Space heater" means any fixed or portable, liquid
or gaseous fuel-fired, combustion unit used to heat air in a space, or used to
heat air entering a space, for the purpose of maintaining an air temperature
suitable for comfort, storage, or equipment operation. Space heaters do not
include combustion units used primarily for the purpose of conditioning or
processing raw materials or product, such as driers, kilns, or ovens.
"State enforceable" means all limitations and
conditions that are enforceable as a practical matter, including any regulation
of the board, those requirements developed pursuant to 9VAC5-170-160,
requirements within any applicable order or variance, and any permit
requirements established pursuant to this chapter.
"State operating permit" means a permit issued
under the state operating permit program.
"State operating permit program" means an operating
permit program (i) for issuing limitations and conditions for stationary
sources; (ii) promulgated to meet the EPA's minimum criteria for federal
enforceability, including adequate notice and opportunity for the EPA and
public comment prior to issuance of the final permit, and practicable
enforceability; and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this
part.
"Stationary source" means any building, structure,
facility, or installation that emits or may emit any regulated air
pollutant. A stationary source shall include all of the pollutant-emitting
activities that belong to the same industrial grouping, are located on one or
more contiguous or adjacent properties, and are under the control of the same
person (or or of persons under common control) control
except the activities of any watercraft or any nonroad engine.
Pollutant-emitting activities shall be considered as part of the same
industrial grouping if they belong to the same "major group" (i.e.,
that have the same two-digit code) as described in the "Standard
Industrial Classification Manual" (see 9VAC5-20-21).
"Synthetic minor source" means a stationary source
that otherwise has the potential to emit regulated air pollutants in amounts that
are at or above those for major stationary sources, as applicable, but is
subject to restrictions such that its potential to emit is less than such
amounts for major stationary sources. Such restrictions must be enforceable as
a practical matter. The term "synthetic minor source" applies
independently for each regulated air pollutant that the source has the
potential to emit.
"Temporary facility" means a facility that (i) is
operated to achieve a specific objective (such as serving as a pilot test facility,
a process feasibility project, or a remediation project) and (ii) does not
contribute toward the commercial production of any product or service
(including byproduct and intermediate product) during the operational period.
Portable emissions units covered by the exemption under 9VAC5-80-1105 A 1 c and
facilities used to augment or enable routine production are not considered
temporary facilities for the purposes of this definition.
"Toxic pollutant" means any air pollutant (i)
listed in § 112(b) of the federal Clean Air Act, as amended by Subpart C
of 40 CFR Part 63 and (ii) incorporated by reference into the regulations of
the board at subdivision 1 of 9VAC5-60-92, or any other air pollutant that the
board determines, through adoption of regulation, to present a significant risk
to public health. This term excludes asbestos, fine mineral fibers,
radionuclides, and any glycol ether that does not have a TLV®.
"Uncontrolled emission rate" means the emission
rate from an emissions unit when operating at maximum capacity without air
pollution control equipment. Air pollution control equipment includes control
equipment that is not vital to its operation, except that its use enables the
owner to conform to applicable air pollution control laws and regulations.
Annual uncontrolled emissions shall be based on the maximum annual rated
capacity (based on 8,760 hours of operation per year) of the emissions unit,
unless the emissions unit or stationary source is subject to state and
federally enforceable permit conditions that limit the annual hours of
operation. Enforceable permit conditions on the type or amount of material
combusted, stored, or processed may be used in determining the uncontrolled
emission rate of an emissions unit or stationary source. The uncontrolled
emission rate of a stationary source is the sum of the uncontrolled emission
rates of the individual emissions units. Secondary emissions do not count in
determining the uncontrolled emission rate of a stationary source.
"Undeveloped site" means any site or facility at
which no emissions units are located at the time the permit application is
deemed complete, or at the time the owner begins actual construction,
whichever occurs first. An undeveloped site also includes any site or facility
at which all of the emissions units have been determined to be shut down
pursuant to the provisions of 9VAC5-20-220.
"Vegetative waste" means decomposable materials
generated by land clearing activities and includes shrub, bush and tree
prunings, bark, brush, leaves, limbs, roots, and stumps. Vegetative waste does
not include construction or demolition waste or any combination of them.
"Vegetative waste recycling/mulching operation"
means any activity related to size reduction or separating, or both, of clean
wood or vegetative waste, or both, by grinding, shredding, chipping, screening,
or any combination of them.
9VAC5-80-1170. Public participation.
A. No later than 15 days after receiving the initial
determination notification required under 9VAC5-80-1160 B, the applicant for a
minor NSR permit for a new major stationary source shall notify the public of
the proposed major stationary source in accordance with subsection B of this
section.
B. The public notice required by subsection A of this section
shall be placed by the applicant in at least one newspaper of general
circulation in the affected air quality control region. The notice shall be
approved by the board and shall include, but not be limited to, the
following:
1. The source name, location, and type;
2. The pollutants and the total quantity of each which that
the applicant estimates will be emitted, and a brief statement of the
air quality impact of such pollutants;
3. The control technology proposed to be used at the time of
the publication of the notice; and
4. The name and telephone number of a contact person,
employed by the applicant, who can answer questions about the proposed
source.
C. Upon a determination by the board that it an
alternative plan will achieve the desired results in an equally effective
manner, an applicant for a minor NSR permit may implement an alternative plan
for notifying the public to that required in subsections A and B of this
section.
D. Prior to the decision of the board, minor NSR permit
applications as specified below shall be subject to a public comment period of
at least 30 days. At the end of the public comment period, a public hearing
shall be held in accordance with subsection E of this section.
1. Applications for stationary sources of hazardous air
pollutants requiring a case-by-case maximum achievable control technology
determination under Article 3 (9VAC5-60-120 et seq.) of Part II of 9VAC5-60
(Hazardous Air Pollutant Sources).
2. Applications for new major stationary sources and major
modifications.
3. Applications for projects that would result in an increase
in the potential to emit of any regulated air pollutant that would equal or
exceed 100 tons per year, considering any state and federally enforceable
permit conditions that will be placed on the source by a minor NSR permit.
4. Applications for new stationary sources or projects that
have the potential for public interest concerning air quality issues, as
determined by the board. The identification of such sources shall be made using
the following nonexclusive criteria:
a. Whether the new stationary source or project is opposed by
any person;
b. Whether the new stationary source or project has resulted
in adverse media;
c. Whether the new stationary source or project has generated
adverse comment through any public participation or governmental review process
initiated by any other governmental agency; and
d. Whether the new stationary source or project has generated
adverse comment by a local official, governing body, or advisory board.
5. Applications for stationary sources for which any provision
of the minor NSR permit is to be based upon a good engineering practice (GEP)
stack height that exceeds the height allowed by subdivisions 1 and 2 of the GEP
definition. The demonstration specified in subdivision 3 of the GEP definition
and required by 9VAC5-50-20 H 3 shall be included in the application.
E. When a public comment period and public hearing are
required, the board shall notify the public, by advertisement in at
least one newspaper of general circulation in the affected air quality control
region, of the opportunity for the public comment and the public hearing
on the information available for public inspection under the provisions of
subdivision 1 of this subsection. The notification shall be published at least
30 days prior to the day of the public hearing. For permits subject to
§ 10.1-1307.01 of the Code of Virginia, written comments will be accepted
by the board for at least 15 days after any hearing, unless the board
votes to shorten the period.
1. Information on the minor NSR permit application (exclusive,
exclusive of confidential information under 9VAC5-170-60) 9VAC5-170-60,
as well as the preliminary review and analysis and preliminary determination of
the board, shall be available for public inspection during the entire
public comment period in at least one location in the affected air quality
control region. Any demonstration included in an application specified in
subdivision D 5 of this section shall be available for public inspection during
the public comment period.
2. A copy of the notice shall be sent to all local air
pollution control agencies having jurisdiction in the affected air quality
control region, all states sharing the affected air quality control region, and
to the regional EPA administrator, U.S. Environmental Protection
Agency.
3. Notices of public comment periods and public hearings for
major stationary sources and major modifications published under this section
shall meet the requirements of § 10.1-1307.01 of the Virginia Air
Pollution Control Law.
F. Following the initial publication of the notice required
under subsection E of this section, the board will receive written requests for
direct consideration of the minor NSR permit application by the board pursuant
to the requirements of 9VAC5-80-25. In order to be considered, the request must
be submitted no later than the end of the public comment period. A request for
direct consideration of an application by the board shall contain the following
information:
1. The name, mailing address, and telephone number of the
requester.
2. The names and addresses of all persons for whom the
requester is acting as a representative (for; for the purposes of
this requirement, an unincorporated association is a person) person.
3. The reason why direct consideration by the board is
requested.
4. A brief, informal statement setting forth the factual
nature and the extent of the interest of the requester or of the persons for whom
the requester is acting as representative in the application or preliminary
determination, including an explanation of how and to what extent such interest
would be directly and adversely affected by the issuance, denial, or
revision of the permit in question.
5. Where possible, specific references to the terms and
conditions of the permit in question, together with suggested revisions and
alterations of those terms and conditions that the requester considers are
needed to conform the permit to the intent and provisions of the Virginia Air
Pollution Control Law.
G. The board will review any request made under subsection F
of this section, and will take final action on the request as provided
in 9VAC5-80-1160 D.
H. In order to facilitate the efficient issuance of permits
under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360 et seq.) of this
part, upon request of the applicant the board shall process the minor NSR
permit application using public participation procedures meeting the
requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as applicable.
I. If the board finds that there is a locality
particularly affected by (i) a new fossil fuel-fired generating facility with a
capacity of 500 megawatts or more, (ii) a major modification to an existing
source that is a fossil fuel-fired generating facility with a capacity of 500
megawatts or more, (iii) a new fossil fuel-fired compressor station facility
used to transport natural gas, or (iv) a major modification to an existing
source that is a fossil fuel-fired compressor station facility used to
transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local paper of general
circulation in any locality particularly affected at least 60 days prior to the
close of any public comment period. Such notice shall (i) contain a statement
of the estimated local impact of the proposed action; (ii) provide information
regarding specific pollutants and the total quantity of each that may be
emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv)
advise the public how to request board consideration; and (v) advise the public
where to obtain information regarding the proposed action. The department shall
post such notice on the department website and on a department social media
account; and
b. Mail the notice to (i) the chief elected official of,
chief administrative officer of, and planning district commission for each
locality particularly affected; (ii) every public library and public school located
within five miles of such facility; and (iii) the owner of each parcel of real
property that is depicted as adjacent to the facility on the current real
estate tax assessment maps of the locality. Written comments shall be accepted
by the board for at least 30 days after any hearing on such variance or permit
unless the board votes to shorten the period.
2. The department shall post the notice required in
subdivision 1 a of this subsection on the department website and on a
department social media account.
3. Written comments shall be accepted by the board for at
least 30 days after any hearing on such variance or permit unless the board
votes to shorten the period.
9VAC5-80-1410. Definitions.
A. For the purpose of this article and subsequent amendments
or any orders issued by the board, the words or terms shall have the meaning
given them in subsection C of this section.
B. As used in this section, all terms not defined here
in subsection C of this section shall have the meaning given them in
9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.
C. Terms defined.
"Affected source" means the stationary source, the
group of stationary sources, or the portion of a stationary source which
that is regulated by a MACT standard.
"Affected states" are all states:
1. Whose air quality may be affected and that are contiguous
to the Commonwealth; or
2. Whose air quality may be affected and that are within 50
miles of the major source for which a case-by-case MACT determination is made
in accordance with this article.
"Available information" means, for purposes of
identifying control technology options for the stationary source, information
contained in the following information sources as of the date of approval of
the permit:
1. A relevant proposed regulation, including all supporting
information.
2. Background information documents for a draft or proposed
regulation.
3. Data and information available from the Control Technology
Center developed pursuant to § 113 of the federal Clean Air Act.
4. Data and information contained in the Aerometric
Informational Retrieval System including information in the MACT database.
5. Any additional information that can be expeditiously
provided by the administrator.
6. For the purpose of determinations by the board, any
additional information provided by the applicant or others, and any additional
information considered available by the board.
"Begin actual construction" means initiation of
permanent physical on-site construction of an emissions unit. This includes,
but is not limited to, installation of building supports and foundations,
laying of underground pipework, and construction of permanent storage
structures.
"Begin actual reconstruction" means initiation of
permanent physical on-site reconstruction of an emissions unit. This includes,
but is not limited to, installation of building supports and foundations,
laying of underground pipework, and construction of permanent storage
structures.
"Best controlled similar source" means a stationary
source that (i) has comparable emissions and is structurally similar in design
and capacity to other stationary sources such that the stationary sources could
be controlled using the same control technology, and (ii) uses a control
technology that achieves the lowest emission rate among all other similar
sources in the United States.
"Case-by-case MACT determination" means a
determination by the board, pursuant to the requirements of this article, which
that establishes a MACT emission limitation, MACT work practice
standard, or other MACT requirements for a stationary source subject to this
article.
"Commenced" means, with respect to construction or
reconstruction of a stationary source, that the owner has undertaken a
continuous program of construction or reconstruction or that an owner has
entered into a contractual obligation to undertake and complete, within a
reasonable time, a continuous program of construction or reconstruction.
"Complete application" means that the application
contains all the information necessary for processing the application and the
provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been
met. Designating an application complete for purposes of permit processing does
not preclude the board from requesting or accepting additional information.
"Construct a major source" means:
1. To fabricate, erect, or install a major source at any undeveloped
site; or
2. To fabricate, erect, or install a major process or
production unit at any site.
"Construction" means:
1. The fabrication, erection, or installation of a major
source at any undeveloped site; or
2. The fabrication, erection, or installation of a major
process or production unit at any site.
"Control technology" means measures, processes,
methods, systems, or techniques to limit the emission of hazardous air
pollutants including, but not limited to, measures that:
1. Reduce the quantity of, or eliminate emissions of,
such pollutants through process changes, substitution of materials, or
other modifications;
2. Enclose systems or processes to eliminate emissions;
3. Collect, capture, or treat such pollutants when
released from a process, stack, storage, or fugitive emissions point;
4. Are design, equipment, work practice, or operational
standards (including, including requirements for operator
training or certification) certification; or
5. Are a combination of subdivisions 1 through 4 of this
definition.
"Electric utility steam generating unit" means any
fossil fuel fired combustion unit of more than 25 megawatts that serves a
generator that produces electricity for sale. A unit that co-generates steam
and electricity and supplies more than one-third of its potential electric
output capacity and more than 25 megawatts electric output to any utility power
distribution system for sale shall be considered an electric utility steam
generating unit.
"Emergency" means, in the context of 9VAC5-80-1580
C, a situation where immediate action on the part of a source is needed and
where the timing of the action makes it impractical to meet the requirements of
this article, such as sudden loss of power, fires, earthquakes, floods,
or similar occurrences.
"Emissions unit" means any part of a stationary
source which that emits or would have the potential to emit any
hazardous air pollutant.
"Enforceable as a practical matter" means that the
permit contains emission limitations that are enforceable by the board or the
department and meet the following criteria:
1. Are permanent.
2. Contain a legal obligation for the owner to adhere to the
terms and conditions.
3. Do not allow a relaxation of a requirement of the state
implementation plan.
4. Are technically accurate and quantifiable.
5. Include averaging times or other provisions that allow at
least monthly (or, or a shorter period if necessary to be
consistent with the emission standard) standard, checks on
compliance. This may include, but not be limited to, the following:
compliance with annual limits in a rolling basis, monthly or shorter limits,
and other provisions consistent with 9VAC5-80-1490 and other regulations of the
board.
6. Require a level of recordkeeping, reporting, and monitoring
sufficient to demonstrate compliance.
"EPA" means the United States U.S.
Environmental Protection Agency.
"Federal operating permit" means a permit issued
under Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of
this part.
"Federally enforceable" means all limitations and
conditions which that are enforceable by the administrator and
citizens under the federal Clean Air Act or that are enforceable under other
statutes administered by the administrator. Federally enforceable limitations
and conditions include but are not limited to the following:
1. Emission standards, alternative emission standards,
alternative emission limitations, and equivalent emission limitations
established pursuant to § 112 of the federal Clean Air Act as amended in 1990.
2. New source performance standards established pursuant to §
111 of the federal Clean Air Act, and emission standards established pursuant
to § 112 of the federal Clean Air Act before it was amended in 1990.
3. All terms and conditions in a federal operating permit,
including any provisions that limit a source's potential to emit, unless
expressly designated as not federally enforceable.
4. Limitations and conditions that are part of an approved
State Implementation Plan (SIP) or a Federal Implementation Plan (FIP).
5. Limitations and conditions that are part of a federal
construction permit issued under 40 CFR 52.21 or any construction permit issued
under regulations approved by EPA in accordance with 40 CFR Part 51. This does
not include limitations and conditions that are established to address plans,
programs, or regulatory requirements that are enforceable only by the
Commonwealth.
6. Limitations and conditions that are part of an operating
permit issued pursuant to a program approved by EPA into a SIP as meeting EPA's
minimum criteria for federal enforceability, including adequate notice and
opportunity for EPA and public comment prior to issuance of the final permit
and practicable enforceability. This does not include limitations and
conditions that are established to address plans, programs, or regulatory
requirements that are enforceable only by the Commonwealth.
7. Limitations and conditions in a Virginia regulation or
program that has been approved by EPA under subpart E of 40 CFR Part 63 for the
purposes of implementing and enforcing § 112 of the federal Clean Air Act.
8. Individual consent agreements that EPA has legal authority
to create.
"Fixed capital cost" means the capital needed to
provide all the depreciable components of an existing source.
"Fugitive emissions" means those emissions which
could not reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
"Hazardous air pollutant" means any air pollutant
listed in § 112(b) of the federal Clean Air Act as amended by 40 CFR
63.60.
"Locality particularly affected" means any
locality that bears any identified disproportionate material air quality impact
that would not be experienced by other localities.
"MACT standard" means (i) an emission standard;
(ii) an alternative emission standard; or (iii) an alternative emission
limitation promulgated in 40 CFR Part 63 that applies to the stationary source,
the group of stationary sources, or the portion of a stationary source
regulated by such standard or limitation. A MACT standard may include or
consist of a design, equipment, work practice, or operational requirement, or
other measure, process, method, system, or technique (including,
including prohibition of emissions) emissions, that the
administrator establishes for new or existing sources to which such standard or
limitation applies. Every MACT standard established pursuant to § 112 of the
federal Clean Air Act includes subpart A of 40 CFR Part 63 and all applicable
appendices of 40 CFR Part 63 or of other parts of Title 40 of the Code of
Federal Regulations that are referenced in that standard.
"Major process or production unit" means any
process or production unit which in and of itself emits or has the potential to
emit 10 tons per year of any hazardous air pollutant or 25 tons per year of any
combination of hazardous air pollutants.
"Major source" means any stationary source or group
of stationary sources located within a contiguous area and under common control
that emits or has the potential to emit considering controls, in the aggregate,
10 tons per year or more of any hazardous air pollutant or 25 tons per year or
more of any combination of hazardous air pollutants, unless the board
establishes a lesser quantity, or in the case of radionuclides, different
criteria from those specified in this definition.
"Maximum achievable control technology (MACT) emission
limitation" means the emission limitation which that is not
less stringent than the emission limitation achieved in practice by the best
controlled similar source, and which that reflects the
maximum degree of reduction in emissions that the board, taking into
consideration the cost of achieving such emission reduction and any nonair
quality health and environmental impacts and energy requirements, determines is
achievable by the constructed or reconstructed major source.
"New source review program" means a program for the
preconstruction review and permitting of new stationary sources or expansions
to existing ones in accordance with regulations promulgated to implement the
requirements of §§ 110(a)(2)(C), 165 (relating to permits in prevention of
significant deterioration areas) and 173 (relating to permits in nonattainment
areas) and 112 (relating to permits for hazardous air pollutants) of the
federal Clean Air Act.
"Permit" means a document issued pursuant to this
article containing all federally enforceable conditions necessary to enforce
the application and operation of any maximum achievable control technology or
other control technologies such that the MACT emission limitation is met.
"Potential to emit" means the maximum capacity of a
stationary source to emit a pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment, and restrictions
on hours of operation or on the type or amount of material combusted, stored,
or processed, shall be treated as part of its design only if the
limitation or its effect on emissions is state and federally enforceable.
"Presumptive MACT" means a preliminary MACT
determination made by EPA, in consultation with states and other stakeholders,
after data on a source category's emissions and controls have been collected
and analyzed, but before the MACT standard has been promulgated.
"Process or production unit" means any collection
of structures or equipment or both, that processes, assembles, applies, or
otherwise uses material inputs to produce or store an intermediate or final
product. A single facility may contain more than one process or production
unit.
"Public comment period" means a time during which
the public shall have the opportunity to comment on the permit application
information (exclusive, exclusive of confidential information)
information, the preliminary review and analysis, and the preliminary
decision of the board regarding the permit application.
"Reconstruct a major source" means to replace
components at an existing major process or production unit whenever:
1. The fixed capital cost of the new components exceeds 50% of
the fixed capital cost that would be required to construct a comparable new
process or production unit; and
2. It is technically and economically feasible for the
reconstructed major source to meet the applicable standard for new sources
established in a permit.
"Reconstruction" means the replacement of
components at an existing major process or production unit whenever:
1. The fixed capital cost of the new components exceeds 50% of
the fixed capital cost that would be required to construct a comparable new
process or production unit; and
2. It is technologically and economically feasible for the
reconstructed process or production unit to meet the applicable standard for
new sources established in a permit.
"Research and development activities" means
activities conducted at a research or laboratory facility whose primary purpose
is to conduct research and development into new processes and products, where
such source is operated under the close supervision of technically trained
personnel and is not engaged in the manufacture of products for sale or
exchange for commercial profit, except in a de minimis manner.
"Similar source" means a stationary source or
process that has comparable emissions and is structurally similar in design and
capacity to a constructed or reconstructed major source such that the source
could be controlled using the same control technology.
"Source category list" means the list and schedule
issued pursuant to § 112(c) and (e) for promulgating MACT standards issued
pursuant to § 112(d) of the federal Clean Air Act and published in the Federal
Register at 63 FR 7155, February 12, 1998.
"State enforceable" means all limitations and
conditions which that are enforceable as a practical matter,
including those requirements developed pursuant to 9VAC5-170-160, requirements
within any applicable order or variance, and any permit requirements
established pursuant to this chapter.
"Stationary source" means any building, structure,
facility, or installation which that emits or may emit any
air pollutant.
"Uncontrolled emission rate" means the emission
rate from a source when operating at maximum capacity without air pollution
control equipment. Air pollution control equipment is equipment that enables
the source to conform to applicable air pollution control laws and regulations
and that is not vital to its operation.
9VAC5-80-1460. Public participation.
A. No later than 15 days after receiving the initial determination
notification required under 9VAC5-80-1450 A, the applicant for a permit for a
major source of hazardous air pollutants shall notify the public of the
proposed source as required in subsection B of this section. The applicant
shall also provide an informational briefing about the proposed source for the
public as required in subsection C of this section.
B. The public notice required under this section shall be
placed by the applicant in at least one newspaper of general circulation in the
affected air quality control region. The notice shall be approved by the board
and shall include, but not be limited to, the following:
1. The source name, location, and type;
2. The applicable pollutants and the total quantity of each which
that the applicant estimates will be emitted, and a brief
statement of the air quality impact of such pollutants;
3. The control technology proposed to be used at the time of
the publication of the notice;
4. The date, time, and place of the informational
briefing; and
5. The name and telephone number of a contact person employed
by the applicant who can answer questions about the proposed source.
C. The informational briefing shall be held in the locality
where the source is or will be located and at least 30 days, but no later than
60 days, following the day of the publication of the public notice in the
newspaper. The applicant shall inform the public about the operation and
potential air quality impact of the source and answer any questions concerning
air quality about the proposed source from those in attendance at the briefing.
At a minimum, the applicant shall provide information on and answer questions
about (i) specific pollutants and the total quantity of each which the
applicant estimates will be emitted and (ii) the control technology proposed to
be used at the time of the informational briefing. Representatives from the
board shall attend and provide information and answer questions on the permit
application review process.
D. Upon a determination by the board that it an
alternative plan will achieve the desired results in an equally effective
manner, an applicant for a permit may implement an alternative plan for
notifying the public as required in subsection B of this section and for
providing the informational briefing as required in subsection C of this
section.
E. Prior to the decision of the board, all permit
applications shall be subject to a public comment period of at least 30 days.
In addition, at the end of the public comment period, a public hearing
will be held with notice in accordance with subsection F of this section.
F. The board shall notify the public by advertisement in at
least one newspaper of general circulation in the area affected of the
opportunity for the public comment and the public hearing on the information
available for public inspection under the provisions of subdivision 1 of this
subsection. The notification shall be published at least 30 days prior to the
day of the public hearing. Written comments will be accepted by the board for
at least 15 days after any hearing, unless the board votes to shorten
the period.
1. Information on the permit application (exclusive,
exclusive of confidential information under 9VAC5-170-60) 9VAC5-170-60,
as well as the preliminary review and analysis and preliminary determination of
the board, shall be available for public inspection during the entire
public comment period in at least one location in the affected area.
2. A copy of the notice shall be sent to all local air
pollution control agencies having jurisdiction in the affected air quality
control region, all states sharing the affected air quality control region, and
to the regional EPA administrator.
3. Notices of public hearings published under this section
shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution
Control Law.
G. Following the initial publication of the notice required
under subsection F of this section, the board will receive written requests for
direct consideration of the application by the board pursuant to the
requirements of 9VAC5-80-25. In order to be considered, the request must be
submitted no later than the end of the public comment period. A request for
direct consideration of an application by the board shall contain the following
information:
1. The name, mailing address, and telephone number of the
requester.
2. The names and addresses of all persons for whom the
requester is acting as a representative (for; for the purposes of
this requirement, an unincorporated association is a person) person.
3. The reason why direct consideration by the board is
requested.
4. A brief, informal statement setting forth the factual
nature and the extent of the interest of the requester or of the persons for
whom the requester is acting as representative in the application or
preliminary determination, including an explanation of how and to what extent
such interest would be directly and adversely affected by the issuance, denial,
or revision of the permit in question.
5. Where possible, specific references to the terms and
conditions of the permit in question, together with suggested revisions and
alterations of those terms and conditions that the requester considers are
needed to conform the permit to the intent and provisions of the Virginia Air
Pollution Control Law.
H. The board will review any request made under subsection G
of this section, and will take final action on the request as provided
in 9VAC5-80-1450 D.
I. In order to facilitate the efficient issuance of permits
under Articles 1 and 3 of this chapter, upon request of the applicant the board
shall process the permit application under this article using public
participation procedures meeting the requirements of this section and
9VAC5-80-270 or 9VAC5-80-670, as applicable.
J. If appropriate, the board may provide a public briefing on
its review of the permit application prior to the public comment period but no
later than the day before the beginning of the public comment period. If the
board provides a public briefing, the requirements of subsection F of this
section concerning public notification will be followed.
K. If the board finds that there is a locality
particularly affected by (i) a new fossil fuel-fired generating facility with a
capacity of 500 megawatts or more, (ii) a major modification to an existing
source that is a fossil fuel-fired generating facility with a capacity of 500
megawatts or more, (iii) a new fossil fuel-fired compressor station facility
used to transport natural gas, or (iv) a major modification to an existing
source that is a fossil fuel-fired compressor station facility used to
transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local paper of general
circulation in any locality particularly affected at least 60 days prior to the
close of any public comment period. Such notice shall (i) contain a statement
of the estimated local impact of the proposed action; (ii) provide information
regarding specific pollutants and the total quantity of each that may be
emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv)
advise the public how to request board consideration; and (v) advise the public
where to obtain information regarding the proposed action. The department shall
post such notice on the department website and on a department social media
account; and
b. Mail the notice to (i) the chief elected official of,
chief administrative officer of, and planning district commission for each
locality particularly affected; (ii) every public library and public school
located within five miles of such facility; and (iii) the owner of each parcel
of real property that is depicted as adjacent to the facility on the current
real estate tax assessment maps of the locality. Written comments shall be
accepted by the board for at least 30 days after any hearing on such variance
or permit unless the board votes to shorten the period.
2. The department shall post the notice required in subdivision
1 a of this subsection on the department website and on a department social
media account.
3. Written comments shall be accepted by the board for at
least 30 days after any hearing on such variance or permit unless the board
votes to shorten the period.
9VAC5-80-1775. Public participation.
A. No later than 30 days after receiving the initial
determination notification required under 9VAC5-80-1773 A, the applicant shall
notify the public about the proposed source as required in subsection B of this
section. The applicant shall also provide an informational briefing about the
proposed source for the public as required in subsection C of this section.
B. The public notice required under subsection A of this
section shall be placed by the applicant in at least one newspaper of general
circulation in the affected air quality control region. The notice shall be
approved by the board and shall include, but not be limited to, (i)
the name, location, and type of the source, and (ii) the time and
place of the informational briefing.
C. The informational briefing shall be held in the locality
where the source is or will be located and at least 30 days, but no later than
60 days, following the day of the publication of the public notice in the
newspaper. The applicant shall inform the public about the operation and
potential air quality impact of the source and answer any questions concerning
air quality about the proposed source from those in attendance at the briefing.
At a minimum, the applicant shall provide information on and answer questions
about (i) specific pollutants and the total quantity of each which the
applicant estimates will be emitted and (ii) the control technology proposed to
be used at the time of the informational briefing. Representatives from the
board will attend and provide information and answer questions on the permit
application review process.
D. Upon a determination by the board that it an
alternative plan will achieve the desired results in an equally effective
manner, an applicant for a permit may implement an alternative plan for
notifying the public as required in subsection B of this section and for
providing the informational briefing as required in subsection C of this
section.
E. The board will provide opportunity for a public hearing
for interested persons to appear and submit written or oral comments on the air
quality impact of the source or modification, alternatives to the source or
modification, the control technology required, and other appropriate
considerations.
F. The board will notify the public, by advertisement
in a newspaper of general circulation in each region in which the proposed
source or modification would be constructed, of the application, the
preliminary determination, the degree of increment consumption that is expected
from the source or modification, and the opportunity for comment at a public
hearing as well as written public comment. The notification will contain a
statement of the estimated local impact of the proposed source or modification,
which at a minimum will provide information regarding specific pollutants and
the total quantity of each that may be emitted, and will list the type and
quantity of any fuels to be used. The notification will be published at least
30 days prior to the day of the public hearing. Written comments will be
accepted by the board for at least 15 days after any hearing, unless the
board votes to shorten the period.
1. All materials the applicant submitted (exclusive,
exclusive of confidential information under 9VAC5-170-60), 9VAC5-170-60;
a copy of the preliminary determination; and a copy or summary of other
materials, if any, considered in making the preliminary determination will be
available for public inspection during the entire public comment period in at
least one location in the affected air quality control region.
2. A copy of the notice will be sent to the applicant, the
administrator, and to officials and agencies having cognizance over the
location where the proposed construction would occur as follows: (i) local
air pollution control agencies, (ii) the chief elected official and
chief administrative officer of the city and county where the source or
modification would be located and of any other locality particularly
affected, (iii) the planning district commission, and (iv) any
state, federal land manager, or Indian governing body whose lands may be
affected by emissions from the source or modification.
3. Notices of public comment periods and public hearings for
major stationary sources and major modifications published under this section
shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution
Control Law.
G. Following the initial publication of the notice required
under subsection F of this section, the board will receive written requests for
direct consideration of the application by the board pursuant to the
requirements of 9VAC5-80-25. In order to be considered, the request must be
submitted no later than the end of the public comment period. A request for
direct consideration of an application by the board shall contain the following
information:
1. The name, mailing address, and telephone number of the
requester.
2. The names and addresses of all persons for whom the
requester is acting as a representative (for; for the purposes of
this requirement, an unincorporated association is a person) person.
3. The reason why direct consideration by the board is
requested.
4. A brief, informal statement setting forth the factual
nature and the extent of the interest of the requester or of the persons for
whom the requester is acting as representative in the application or
preliminary determination, including an explanation of how and to what extent
such interest would be directly and adversely affected by the issuance, denial,
or revision of the permit in question.
5. Where possible, specific references to the terms and
conditions of the permit in question, together with suggested revisions and
alterations of those terms and conditions that the requester considers are
needed to conform the permit to the intent and provisions of the Virginia Air
Pollution Control Law.
H. The board will review any request made under subsection G
of this section and will take final action on the request as provided in
9VAC5-80-1773 D.
I. In order to facilitate the efficient issuance of permits
under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360 et seq.) of this
part, upon request of the applicant the board will process the permit
application under this article using public participation procedures meeting
the requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as
applicable.
J. If appropriate, the board may hold a public briefing on
the preliminary determination prior to the public comment period but no later
than the day before the beginning of the public comment period. The board will
notify the public of the time and place of the briefing by advertisement in a
newspaper of general circulation in the air quality control region in which the
proposed source or modification would be constructed. The notification will be
published at least 30 days prior to the day of the briefing.
K. If the board finds that there is a locality
particularly affected by (i) a new fossil fuel-fired generating facility with a
capacity of 500 megawatts or more, (ii) a major modification to an existing
source that is a fossil fuel-fired generating facility with a capacity of 500
megawatts or more, (iii) a new fossil fuel-fired compressor station facility
used to transport natural gas, or (iv) a major modification to an existing
source that is a fossil fuel-fired compressor station facility used to
transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local paper of general
circulation in any locality particularly affected at least 60 days prior to the
close of any public comment period. Such notice shall (i) contain a statement
of the estimated local impact of the proposed action; (ii) provide information
regarding specific pollutants and the total quantity of each that may be
emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv)
advise the public how to request board consideration; and (v) advise the public
where to obtain information regarding the proposed action. The department shall
post such notice on the department website and on a department social media
account; and
b. Mail the notice to (i) the chief elected official of,
chief administrative officer of, and planning district commission for each
locality particularly affected; (ii) every public library and public school
located within five miles of such facility; and (iii) the owner of each parcel
of real property that is depicted as adjacent to the facility on the current
real estate tax assessment maps of the locality. Written comments shall be
accepted by the board for at least 30 days after any hearing on such variance
or permit unless the board votes to shorten the period.
2. The department shall post the notice required in
subdivision 1 a of this subsection on the department website and on a
department social media account.
3. Written comments shall be accepted by the board for at
least 30 days after any hearing on such variance or permit, unless the board
votes to shorten the period.
9VAC5-80-2070. Public participation.
A. No later than 30 days after receiving the initial
determination notification required under 9VAC5-80-2060 A, the applicant shall
notify the public about the proposed source as required in subsection B of this
section. The applicant shall also provide an informational briefing about the
proposed source for the public as required in subsection C of this section.
B. The public notice required under subsection A of this
section shall be placed by the applicant in at least one newspaper of general
circulation in the affected air quality control region. The notice shall be
approved by the board and shall include, but not be limited to, (i)
the name, location, and type of the source, and (ii) the time and
place of the informational briefing.
C. The informational briefing shall be held in the locality
where the source is or will be located and at least 30 days, but no later than
60 days, following the day of the publication of the public notice in the
newspaper. The applicant shall inform the public about the operation and
potential air quality impact of the source and answer any questions concerning
air quality about the proposed source from those in attendance at the briefing.
At a minimum, the applicant shall provide information on and answer questions
about (i) specific pollutants and the total quantity of each which the
applicant estimates will be emitted and (ii) the control technology proposed to
be used at the time of the informational briefing. Representatives from the
board will attend and provide information and answer questions on the permit
application review process.
D. Upon determination by the board that it an
alternative plan will achieve the desired results in an equally effective
manner, an applicant for a permit may implement an alternative plan for notifying
the public as required in subsection B of this section and for providing the
informational briefing as required in subsection C of this section.
E. Prior to the decision of the board, all permit
applications will be subject to a public comment period of at least 30 days. In
addition, at the end of the public comment period, a public hearing shall be
held with notice in accordance with subsection F of this section.
F. The board will notify the public, by advertisement
in at least one newspaper of general circulation in the affected air quality
control region, of the opportunity for public comment and the public
hearing on the information available for public inspection under the provisions
of subdivision 1 of this subsection. The notification shall be published at
least 30 days prior to the day of the public hearing. Written comments will be
accepted by the board for at least 15 days after any hearing, unless the
board votes to shorten the period.
1. Information on the permit application (exclusive;
exclusive of confidential information under 9VAC5-170-60) 9VAC5-170-60,
as well as the preliminary review and analysis and preliminary determination of
the board, shall be available for public inspection during the entire
public comment period in at least one location in the affected air quality
control region.
2. A copy of the notice shall be sent to all local air
pollution control agencies having jurisdiction in the affected air quality
control region, all states sharing the affected air quality control region, and
to the regional EPA administrator, U.S. Environmental Protection
Agency.
3. Notices of public comment periods and public hearings for
major stationary sources and major modifications published under this section
shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution
Control Law.
G. Following the initial publication of the notice required
under subsection F of this section, the board will receive written requests for
direct consideration of the application by the board pursuant to the
requirements of 9VAC5-80-25. In order to be considered, the request must be
submitted no later than the end of the public comment period. A request for
direct consideration of an application by the board shall contain the following
information:
1. The name, mailing address, and telephone number of the
requester.
2. The names and addresses of all persons for whom the
requester is acting as a representative (for; for the purposes of
this requirement, an unincorporated association is a person) person.
3. The reason why direct consideration by the board is
requested.
4. A brief, informal statement setting forth the factual
nature and the extent of the interest of the requester or of the persons for
whom the requester is acting as representative in the application or
preliminary determination, including an explanation of how and to what extent
such interest would be directly and adversely affected by the issuance, denial,
or revision of the permit in question.
5. Where possible, specific references to the terms and
conditions of the permit in question, together with suggested revisions and
alterations of those terms and conditions that the requester considers are
needed to conform the permit to the intent and provisions of the Virginia Air
Pollution Control Law.
H. The board will review any request made under subsection G
of this section, and will take final action on the request as provided
in 9VAC5-80-2060 C.
I. In order to facilitate the efficient issuance of permits
under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360 et seq.) of this
part, upon request of the applicant the board will process the permit
application under this article using public participation procedures meeting
the requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as
applicable.
J. If appropriate, the board may provide a public briefing on
its review of the permit application prior to the public comment period but no
later than the day before the beginning of the public comment period. If the
board provides a public briefing, the requirements of subsection F of this
section concerning public notification shall be followed.
K. If the board finds that there is a locality
particularly affected by (i) a new fossil fuel-fired generating facility with a
capacity of 500 megawatts or more, (ii) a major modification to an existing
source that is a fossil fuel-fired generating facility with a capacity of 500
megawatts or more, (iii) a new fossil fuel-fired compressor station facility
used to transport natural gas, or (iv) a major modification to an existing
source that is a fossil fuel-fired compressor station facility used to
transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local paper of general
circulation in any locality particularly affected at least 60 days prior to the
close of any public comment period. Such notice shall (i) contain a statement
of the estimated local impact of the proposed action; (ii) provide information
regarding specific pollutants and the total quantity of each that may be
emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv)
advise the public how to request board consideration; and (v) advise the public
where to obtain information regarding the proposed action. The department shall
post such notice on the department website and on a department social media
account; and
b. Mail the notice to (i) the chief elected official of,
chief administrative officer of, and planning district commission for each
locality particularly affected; (ii) every public library and public school
located within five miles of such facility; and (iii) the owner of each parcel
of real property that is depicted as adjacent to the facility on the current
real estate tax assessment maps of the locality. Written comments shall be
accepted by the board for at least 30 days after any hearing on such variance
or permit unless the board votes to shorten the period.
2. The department shall post the notice required in
subdivision 1 a of this subsection on the department website and on a
department social media account.
3. Written comments shall be accepted by the board for at
least 30 days after any hearing on such variance or permit, unless the board
votes to shorten the period.
Part VI
Board Actions
9VAC5-170-140. Variances.
A. Pursuant to § 10.1-1307 C of the Virginia Air Pollution
Control Law, the board may in its discretion grant local variances to a
provision of the regulations of the board after an investigation and public
hearing. If a local variance is appropriate, the board shall issue an order to
this effect. The order shall be subject to amendment or revocation at any time.
B. The board shall adopt variances and amend or revoke
variances if warranted only after conducting a public hearing pursuant to
public advertisement in at least one major newspaper of general circulation in
the affected area of the subject, date, time, and place of the public hearing
at least 30 days prior to the scheduled hearing.
C. The public participation procedures of § 10.1-1307.01 of
the Virginia Air Pollution Control Law shall be followed in the consideration
of variances.
D. Notwithstanding the requirements of subsection B of
this section, if the board finds that there is a locality particularly affected
by a variance involving (i) a new fossil fuel-fired generating facility with a
capacity of 500 megawatts or more, (ii) a major modification to an existing
source that is a fossil fuel-fired generating facility with a capacity of 500
megawatts or more, (iii) a new fossil fuel-fired compressor station facility
used to transport natural gas, or (iv) a major modification to an existing
source that is a fossil fuel-fired compressor station facility used to
transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local paper of general
circulation in any locality particularly affected at least 60 days prior to the
close of any public comment period. Such notice shall (i) contain a statement
of the estimated local impact of the proposed action; (ii) provide information
regarding specific pollutants and the total quantity of each that may be
emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv)
advise the public how to request board consideration; and (v) advise the public
where to obtain information regarding the proposed action. The department shall
post such notice on the department website and on a department social media
account; and
b. Mail the notice to (i) the chief elected official of,
chief administrative officer of, and planning district commission for each
locality particularly affected; (ii) every public library and public school
located within five miles of such facility; and (iii) the owner of each parcel
of real property that is depicted as adjacent to the facility on the current
real estate tax assessment maps of the locality. Written comments shall be
accepted by the board for at least 30 days after any hearing on such variance
or permit unless the board votes to shorten the period.
2. The department shall post the notice required in
subdivision 1 a of this subsection on the department website and on a
department social media account.
3. Written comments shall be accepted by the board for at
least 30 days after any hearing on such variance or permit, unless the board
votes to shorten the period.
VA.R. Doc. No. R21-6451; Filed September 23, 2020, 5:03 a.m.
TITLE 9. ENVIRONMENT
STATE AIR POLLUTION CONTROL BOARD
Final Regulation
REGISTRAR'S NOTICE: The
State Air Pollution Control Board is claiming an exemption from Article 2 of
the Administrative Process Act in accordance with § 2.2-4006 A 4 a of the
Code of Virginia, which excludes regulations that are necessary to conform to
changes in Virginia statutory law or the appropriation act where no agency
discretion is involved. 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: 9VAC5-80. Permits for
Stationary Sources (Rev. E20) (amending 9VAC5-80-1110, 9VAC5-80-1170,
9VAC5-80-1410, 9VAC5-80-1460, 9VAC5-80-1775, 9VAC5-80-2070).
9VAC5-170. Regulation for General Administration (Rev. E20) (amending 9VAC5-170-140).
Statutory Authority:
§ 10.1-1308 of the Code of Virginia; federal Clean Air Act
(§§ 110, 112, 165, 173, 182, and Title V); 40 CFR Parts 51, 61, 63, 70,
and 72 (9VAC5-80-1110, 9VAC5-80-1170, 9VAC5-80-1410, 9VAC5-80-1460,
9VAC5-80-1775, 9VAC5-80-2070).
§ 10.1-1308 of the Code of Virginia; federal Clean Air Act
(§ 110); 40 CFR Part 51 (9VAC5-170-140).
Effective Date: November 11, 2020.
Agency Contact: Karen G. Sabasteanski, Department of
Environmental Quality, 1111 East Main Street, Suite 1400, P.O. Box 1105,
Richmond, VA 23218, telephone (804) 698-4426, or email karen.sabasteanski@deq.virginia.gov.
Summary:
In accordance with Chapter 1110 of the 2020 Acts of
Assembly, the amendments add new public participation requirements for permits
and variances for certain facility types with the potential to have an impact
on a locality particularly affected. A "locality particularly
affected" means any locality that bears any identified disproportionate
material air quality impact that would not be experienced by other localities.
9VAC5-80-1110. Definitions.
A. For the purpose of applying this article in the context of
the Regulations for the Control and Abatement of Air Pollution and related
uses, the words or terms shall have the meanings given them in subsection C of
this section.
B. As used in this article, all terms not defined herein
in subsection C of this section shall have the meanings given them in
9VAC5-10 (General Definitions), unless otherwise required by context.
C. Terms defined.
"Addition" means the construction of a new
emissions unit at or the relocation of an existing emissions unit to a
stationary source.
"Affected emissions units" means the following
emissions units, as applicable:
1. For a new stationary source, all emissions units.
2. For a project, the added, modified, and replacement emissions
units that are part of the project.
"Applicable federal requirement" means all of, but
not limited to, the following as they apply to affected emissions units subject
to this article (including, including requirements that have been
promulgated or approved by the administrator through rulemaking at the time of
permit issuance but have future-effective compliance dates) dates:
1. Any standard or other requirement provided for in an
implementation plan established pursuant to § 110, § 111(d),
or § 129 of the federal Clean Air Act, including any
source-specific provisions such as consent agreements or orders.
2. Any term or condition in any construction permit issued
under the new source review program or in any operating permit issued pursuant
to the state operating permit program. However, those terms or conditions
designated as state-only enforceable pursuant to 9VAC5-80-1120 F or
9VAC5-80-820 G shall not be applicable federal requirements.
3. Any emission standard, alternative emission standard, alternative
emissions limitation, equivalent emissions limitation, or other
requirement established pursuant to § 112 or § 129 of the
federal Clean Air Act as amended in 1990.
4. Any new source performance standard or other requirement
established pursuant to § 111 of the federal Clean Air Act, and any
emission standard or other requirement established pursuant to § 112 of
the federal Clean Air Act before it was amended in 1990.
5. Any limitations and conditions or other requirement in a
Virginia regulation or program that has been approved by EPA under Subpart E of
40 CFR Part 63 for the purposes of implementing and enforcing § 112 of the
federal Clean Air Act.
6. Any requirement concerning accident prevention under
§ 112(r)(7) of the federal Clean Air Act.
7. Any compliance monitoring requirements established pursuant
to either § 504(b) or § 114(a)(3) of the federal Clean Air
Act.
8. Any standard or other requirement for consumer and
commercial products under § 183(e) of the federal Clean Air Act.
9. Any standard or other requirement for tank vessels under
§ 183(f) of the federal Clean Air Act.
10. Any standard or other requirement in 40 CFR Part 55 to
control air pollution from outer continental shelf sources.
11. Any standard or other requirement of the regulations
promulgated to protect stratospheric ozone under Title VI of the federal Clean
Air Act, unless the administrator has determined that such requirements
need not be contained in a federal operating permit.
12. With regard to temporary sources subject to 9VAC5-80-130,
(i) any ambient air quality standard, except applicable state requirements, and
(ii) requirements regarding increments or visibility as provided in Article 8
(9VAC5-80-1605 et seq.) of this part.
13. Any standard or other requirement under § 126 (a)(1)
and (c) of the federal Clean Air Act.
"Begin actual construction" means initiation of
permanent physical on-site construction of an emissions unit. This includes,
but is not limited to, installation of building supports and foundations,
laying of underground pipework, and construction of permanent storage
structures. With respect to a change in method of operation, this term refers
to those on-site activities other than preparatory activities which that
mark the initiation of the change. With respect to the initial location or
relocation of a portable emissions unit, this term refers to the delivery of
any portion of the portable emissions unit to the site.
"Clean wood" means uncontaminated natural or untreated
wood. Clean wood includes but is not limited to (i)
byproducts of harvesting activities conducted for forest management or
commercial logging, or (ii) mill residues consisting of bark,
chips, edgings, sawdust, shavings, or slabs. It "Clean
wood" does not include wood that has been treated, adulterated, or
chemically changed in some way; treated with glues, binders, or resins; or
painted, stained, or coated.
"Commence," as applied to the construction of an
emissions unit, means that the owner has all necessary preconstruction
approvals or permits and has either:
1. Begun, or caused to begin, a continuous
program of actual on-site construction of the unit, to be completed within a
reasonable time; or
2. Entered into binding agreements or contractual obligations,
which cannot be canceled or modified without substantial loss to the owner, to
undertake a program of actual construction of the unit, to be completed within
a reasonable time.
"Complete application" means that the application
contains all the information necessary for processing the application and that
the provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law
have been met. Designating an application complete for purposes of permit
processing does not preclude the board from requesting or accepting additional
information.
"Construction" means fabrication, erection,
installation, demolition, relocation, addition, replacement, or modification of
an emissions unit that would result in a change in the uncontrolled emission
rate.
"Construction waste" means solid waste that is
produced or generated during construction, remodeling, or repair of pavements,
houses, commercial buildings, and other structures. Construction wastes include,
but are not limited to, lumber, wire, sheetrock, broken brick, shingles,
glass, pipe, concrete, paving materials, and metal and plastics if the metal or
plastics are a part of the materials of construction or empty containers for
such materials. Paints, coatings, solvents, asbestos, any liquid, compressed
gases or semi-liquids, and garbage are not construction wastes.
"Debris waste" means wastes resulting from land
clearing operations. Debris wastes include, but are not limited to,
stumps, wood, brush, leaves, soil, and road spoils.
"Demolition waste" means that solid waste that is
produced by the destruction of structures or their foundations, or both, and
includes the same materials as construction wastes.
"Diesel engine" means, for the purposes of
9VAC5-80-1105 A 1 b, any internal combustion engine that burns diesel or #2
fuel oil to provide power to processing equipment for a vegetative waste
recycling/mulching operation.
"Emergency" means a condition that arises from
sudden and reasonably unforeseeable events where the primary energy or power
source is disrupted or disconnected due to conditions beyond the control of an
owner or operator of a facility including:
1. A failure of the electrical grid;
2. On-site disaster or equipment failure;
3. Public service emergencies such as flood, fire, natural
disaster, or severe weather conditions; or
4. An ISO-declared emergency, where an ISO emergency is:
a. An abnormal system condition requiring manual or automatic
action to maintain system frequency, to prevent loss of firm load, equipment
damage, or tripping of system elements that could adversely affect the
reliability of an electric system or the safety of persons or property;
b. Capacity deficiency or capacity excess conditions;
c. A fuel shortage requiring departure from normal operating
procedures in order to minimize the use of such scarce fuel;
d. Abnormal natural events or man-made threats that would
require conservative operations to posture the system in a more reliable state;
or
e. An abnormal event external to the ISO service territory
that may require ISO action.
"Emissions cap" means any limitation on the rate of
emissions of any air pollutant from one or more emissions units established and
identified as an emissions cap in any permit issued pursuant to the new source
review program or operating permit program.
"Emissions limitation" means a requirement
established by the board that limits the quantity, rate, or concentration of
emissions of air pollutants on a continuous basis, including any requirement
relating to the operation or maintenance of a source to assure continuous
emissions reduction, and any design standard, equipment standard, work
practice, operational standard, or pollution prevention technique.
"Emissions unit" means any part of a stationary
source which that emits or would have the potential to emit any
regulated air pollutant.
"Enforceable as a practical matter" means that the
permit contains emissions limitations that are enforceable by the board or the
department and meet the following criteria:
1. Are permanent;
2. Contain a legal obligation for the owner to adhere to the
terms and conditions;
3. Do not allow a relaxation of a requirement of the
implementation plan;
4. Are technically accurate and quantifiable;
5. Include averaging times or other provisions that allow at
least monthly (or a shorter period if necessary to be consistent with the
implementation plan) checks on compliance. This may include, but not be
limited to, the following: compliance with annual limits in a rolling
basis, monthly or shorter limits, and other provisions consistent with this
article and other regulations of the board; and
6. Require a level of recordkeeping, reporting, and
monitoring sufficient to demonstrate compliance.
"Existing stationary source" means any stationary
source other than a new stationary source.
"Federal hazardous air pollutant new source review
program" means a program for the preconstruction review and approval of
the construction, reconstruction, or modification of any stationary source in
accordance with regulations specified below and promulgated to implement the
requirements of § 112 (relating to hazardous air pollutants) of the
federal Clean Air Act.
1. The provisions of 40 CFR 61.05, 40 CFR 61.06, 40 CFR 61.07,
40 CFR 61.08 and 40 CFR 61.15 for issuing approvals of the construction of any
new source or modification of any existing source subject to the provisions of
40 CFR Part 61.
2. The provisions of 40 CFR 63.5 for issuing approvals to
construct a new source or reconstruct a source subject to the provisions of 40
CFR Part 63, except for Subparts B, D and E.
3. The provisions of 40 CFR 63.50 through 40 CFR 63.56 for
issuing Notices of MACT Approval prior to the construction of a new emissions
unit.
"Federally enforceable" means all limitations and
conditions that are enforceable by the administrator and citizens under the
federal Clean Air Act or that are enforceable under other statutes administered
by the administrator. Federally enforceable limitations and conditions include,
but are not limited to, the following:
1. Emission standards, alternative emission standards,
alternative emissions limitations, and equivalent emissions limitations
established pursuant to § 112 of the federal Clean Air Act, as amended in
1990.
2. New source performance standards established pursuant to
§ 111 of the federal Clean Air Act, and emission standards established
pursuant to § 112 of the federal Clean Air Act before it was amended in
1990.
3. All terms and conditions (unless, unless
expressly designated as state-only enforceable) enforceable, in a
federal operating permit, including any provisions that limit a source's
potential to emit.
4. Limitations and conditions that are part of an
implementation plan established pursuant to § 110, § 111(d) or § 129
of the federal Clean Air Act.
5. Limitations and conditions (unless, unless
expressly designated as state-only enforceable) enforceable, that
are part of a federal construction permit issued under 40 CFR 52.21 or any
construction permit issued under regulations approved by EPA into the
implementation plan.
6. Limitations and conditions (unless, unless
expressly designated as state-only enforceable) enforceable, that
are part of a state operating permit where the permit and the permit program
pursuant to which it was issued meet all of the following criteria:
a. The operating permit program has been approved by the EPA
into the implementation plan under § 110 of the federal Clean Air Act.
b. The operating permit program imposes a legal obligation that
operating permit holders adhere to the terms and limitations of such permits
and provides that permits that do not conform to the operating permit program
requirements and the requirements of EPA's underlying regulations may be deemed
not federally enforceable by EPA.
c. The operating permit program requires that all emissions
limitations, controls, and other requirements imposed by such permits will be
at least as stringent as any other applicable limitations and requirements
contained in the implementation plan or enforceable under the implementation
plan, and that the program may not issue permits that waive, or make
less stringent, any limitations or requirements contained in or issued
pursuant to the implementation plan, or that are otherwise federally
enforceable.
d. The limitations, controls, and requirements in the permit
in question are permanent, quantifiable, and otherwise enforceable as a
practical matter.
e. The permit in question was issued only after adequate and
timely notice and opportunity for comment by the EPA and the public.
7. Limitations and conditions in a regulation of the board or
program that has been approved by EPA under Subpart E of 40 CFR Part 63 for the
purposes of implementing and enforcing § 112 of the federal Clean Air Act.
8. Individual consent agreements that EPA has legal authority
to create.
"Federal operating permit" means a permit issued
under the federal operating permit program.
"Federal operating permit program" means an
operating permit system (i) for issuing terms and conditions for major
stationary sources, (ii) established to implement the requirements of Title V
of the federal Clean Air Act and associated regulations, and (iii) codified in
Article 1 (9VAC5-80-50 et seq.), Article 2 (9VAC5-80-310 et seq.), Article 3
(9VAC5-80-360 et seq.), and Article 4 (9VAC5-80-710 et seq.) of this part.
"Fixed capital cost" means the capital needed to
provide all the depreciable components.
"Fugitive emissions" means those emissions that
could not reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
"General permit" means a permit issued under this
article that meets the requirements of 9VAC5-80-1250.
"Hazardous air pollutant" means (i) any air
pollutant listed in § 112(b) of the federal Clean Air Act, as amended by
Subpart C of 40 CFR Part 63, and (ii) incorporated by reference into the
regulations of the board in subdivision 1 of 9VAC5-60-92.
"Independent system operator" or "ISO"
means a person that may receive or has received by transfer pursuant to
§ 56-576 of the Code of Virginia any ownership or control of, or any
responsibility to operate, all or part of the transmission systems in the
Commonwealth.
"Locality particularly affected" means any
locality that bears any identified disproportionate material air quality impact
that would not be experienced by other localities.
"Major modification" means any project at a major
stationary source that would result in a significant emissions increase in any
regulated air pollutant. For projects, the emissions increase may take into
consideration any state and federally enforceable permit conditions that will
be placed in a permit resulting from a permit application deemed complete under
the provisions of 9VAC5-80-1160 B.
"Major new source review (NSR) permit" means a
permit issued under the major new source review program.
"Major new source review (major NSR) program" means
a preconstruction review and permit program (i) for new major stationary
sources or major modifications (physical changes or changes in the method of
operation); (ii) established to implement the requirements of §§ 112, 165,
and 173 of the federal Clean Air Act and associated regulations; and (iii)
codified in Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et
seq.) and Article 9 (9VAC5-80-2000 et seq.) of this part.
"Major stationary source" means any stationary
source that emits, or has the potential to emit, 100 tons or more
per year of any regulated air pollutant. For new stationary sources, the
potential to emit may take into consideration any state and federally
enforceable permit conditions that will be placed in a permit resulting from a
permit application deemed complete under the provisions of 9VAC5-80-1160 B.
"Minor new source review (NSR) permit" means a
permit issued pursuant to this article.
"Minor new source review (minor NSR) program" means
a preconstruction review and permit program (i) for regulated air pollutants
from new stationary sources or projects that are not subject to review under
the major new source review program;, (ii) established to
implement the requirements of §§ 110(a)(2)(C) and 112 of the federal Clean
Air Act and associated regulations;, and (iii) codified in this
article. The minor NSR program may also be used to implement the terms and
conditions described in 9VAC5-80-1120 F 1; however, those terms and conditions
shall be state-only enforceable and shall not be applicable federal
requirements.
"Modification" means any physical change in, or
change in the method of operation of an emissions unit that increases the
uncontrolled emission rate of any regulated air pollutant emitted into the
atmosphere by the unit or that results in the emission of any regulated air
pollutant into the atmosphere not previously emitted. The following shall not
be considered physical changes or changes in the method of operation under this
definition:
1. Maintenance, repair, and replacement of components
that the board determines to be routine for a source type and which does not
fall within the definition of "replacement";
2. An increase in the throughput or production rate of a unit (unless,
unless previously limited by any state enforceable and federally
enforceable permit conditions established pursuant to this chapter) chapter,
if that increase does not exceed the operating design capacity of that unit;
3. An increase in the hours of operation (unless,
unless previously limited by any state enforceable and federally
enforceable permit conditions established pursuant to this chapter) chapter;
4. Use of an alternative fuel or raw material (unless,
unless previously limited by any state enforceable and federally
enforceable permit conditions established pursuant to this chapter) chapter,
if, prior to the date any provision of the regulations of the board becomes
applicable to the source type, the emissions unit was designed to accommodate
that alternative use. A unit shall be considered to be designed to accommodate
an alternative fuel or raw material if provisions for that use were included in
the final construction specifications;
5. Use of an alternative fuel or raw material that the
emissions unit is approved to use under any new source review permit;
6. The addition, replacement, or use of any system or
device whose primary function is the reduction of air pollutants, except when a
system or device that is necessary to comply with applicable air pollution
control laws, permit conditions, or regulations is replaced by a system
or device which that the board considers to be less efficient in
the control of air pollution emissions;
7. The removal of any system or device whose primary function
is the reduction of air pollutants if the system or device is not (i) necessary
for the source to comply with any applicable air pollution control laws, permit
conditions, or regulations or (ii) used to avoid any applicable new source
review program requirement; or
8. A change in ownership at a stationary source.
"Necessary preconstruction approvals or permits"
means those permits or approvals required under the NSR program that is part of
the implementation plan.
"New source review (NSR) permit" means a permit
issued under the new source review program.
"New source review (NSR) program" means a
preconstruction review and permit program (i) for regulated air pollutants from
new stationary sources or projects (physical changes or changes in the method
of operation); (ii) established to implement the requirements of
§§ 110(a)(2)(C), 112 (relating to permits for hazardous air pollutants),
165 (relating to permits in prevention of significant deterioration areas), and
173 (relating to permits in nonattainment areas) of the federal Clean Air Act
and associated regulations; and (iii) codified in this article, Article 7
(9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-1605 et seq.) and Article 9
(9VAC5-80-2000 et seq.) of this part. The NSR program may also be used to
implement the terms and conditions described in 9VAC5-80-1120 F 1; however,
those terms and conditions shall be state-only enforceable and shall not be applicable
federal requirements.
"New stationary source" means any stationary source
to be constructed at or relocated to an undeveloped site.
"Nonroad engine" means any internal combustion
engine:
1. In or on a piece of equipment that is self-propelled or serves
a dual purpose by both propelling itself and performing another function (such,
such as garden tractors, off-highway mobile cranes and bulldozers) bulldozers;
2. In or on a piece of equipment that is intended to be
propelled while performing its function (such, such as lawnmowers
and string trimmers) trimmers; or
3. That, by itself or in or on a piece of equipment, is
portable or transportable, meaning designed to be capable of being carried or
moved from one location to another. Indications of transportability include,
but are not limited to, wheels, skids, carrying handles, dollies, trailers,
or platforms.
An internal combustion engine is not a nonroad engine if (i)
the engine is used to propel a motor vehicle or a vehicle used solely for
competition, or is subject to standards promulgated under § 202 of the
federal Clean Air Act; or (ii) the engine otherwise included in subdivision 3
of this definition remains or will remain at a location for more than 12
consecutive months or a shorter period of time for an engine located at a
seasonal source.
For purposes of this definition, a location is any single
site at a building, structure, facility, or installation. Any engine or engines
that replace an engine at a location and that are intended to perform the same
or similar function as the engine replaced will be included in calculating the
consecutive time period. An engine located at a seasonal source is an engine
that remains at a seasonal source during the full annual operating period of
the seasonal source. A seasonal source is a stationary source that remains in a
single location on a permanent basis (i.e., at least two years) and that
operates at the single location approximately three months or more each year.
This subdivision does not apply to an engine after the engine is removed from
the location.
"Plantwide applicability limitation (PAL)" limitation"
or "PAL" means an emissions limitation expressed in tons per
year, for a pollutant at a major stationary source, that is enforceable as a
practical matter and established sourcewide in accordance with 9VAC5-80-1865 or
9VAC5-80-2144.
"PAL permit" means the state operating permit
issued by the board that establishes a PAL for a major stationary source.
"Portable," in reference to emissions units, means
an emissions unit that is designed to have the capability of being moved from
one location to another for the purpose of operating at multiple locations and
storage when idle. Indications of portability include, but are not limited
to, wheels, skids, carrying handles, dolly, trailer, or platform.
"Potential to emit" means the maximum capacity of a
stationary source to emit a pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment, and restrictions
on hours of operation or on the type or amount of material combusted, stored,
or processed, shall be treated as part of its design only if the limitation or
its effect on emissions is state and federally enforceable. Secondary emissions
do not count in determining the potential to emit of a stationary source.
"Precursor pollutant" means the following:
1. Volatile organic compounds and nitrogen oxides are
precursors to ozone.
2. Sulfur dioxide is a precursor to PM2.5.
3. Nitrogen oxides are presumed to be precursors to PM2.5
in all PM2.5, unless the board determines that emissions of
nitrogen oxides from sources in a specific area are not a significant
contributor to that area's ambient PM2.5 concentrations.
4. Volatile organic compounds and ammonia are presumed not to
be precursors to PM2.5, unless the board determines that emissions
of volatile organic compounds or ammonia from sources in a specific area are a
significant contributor to that area's ambient PM2.5 concentrations.
"Process operation" means any method, form, action,
operation, or treatment of manufacturing or processing, including any storage
or handling of materials or products before, during, or after manufacturing or
processing.
"Project" means any change at an existing
stationary source consisting of the addition, replacement, or modification of
one or more emissions units.
"Public comment period" means a time during which
the public shall have the opportunity to comment on the permit application
information (exclusive, exclusive of confidential information)
information, for a new stationary source or project, the preliminary
review and analysis of the effect of the source upon the ambient air quality,
and the preliminary decision of the board regarding the permit application.
"Reactivation" means beginning operation of an
emissions unit that has been shut down.
"Reconstruction" means, for the sole purposes of
9VAC5-80-1210 A, B, and C, the replacement of an emissions unit or its
components to such an extent that:
1. The fixed capital cost of the new components exceeds 50% of
the fixed capital cost that would be required to construct a comparable
entirely new unit;
2. The replacement significantly extends the life of the emissions
unit; and
3. It is technologically and economically feasible to meet the
applicable emission standards prescribed under regulations of the board.
Any determination by the board as to whether a proposed
replacement constitutes reconstruction shall be based on:
1. The fixed capital cost of the replacements in comparison to
the fixed capital cost of the construction of a comparable entirely new unit;
2. The estimated life of the unit after the replacements
compared to the life of a comparable entirely new unit;
3. The extent to which the components being replaced cause or
contribute to the emissions from the unit; and
4. Any economic or technical limitations on compliance with
applicable standards of performance that are inherent in the proposed
replacements.
"Regulated air pollutant" means any of the
following:
1. Nitrogen oxides or any volatile organic compound.
2. Any pollutant (including, including any
associated precursor pollutant) pollutant, for which an ambient
air quality standard has been promulgated.
3. Any pollutant subject to any standard promulgated under 40
CFR Part 60.
4. Any pollutant subject to a standard promulgated under or
other requirements established under 40 CFR Part 61 and any pollutant regulated
under 40 CFR Part 63.
5. Any pollutant subject to a regulation adopted by the board.
"Relocation" means a change in physical location of
a stationary source or an emissions unit from one stationary source to another
stationary source.
"Replacement" means the substitution of an
emissions unit for an emissions unit located at a stationary source, which will
thereafter perform the same function as the replaced emissions unit.
"Secondary emissions" means emissions which that
occur or would occur as a result of the construction or operation of a new
stationary source or an emissions unit, but do not come from the stationary
source itself. For the purpose of this article, secondary emissions must be
specific, well-defined, and quantifiable; and must affect the same general
areas as the stationary source that causes the secondary emissions. Secondary
emissions include emissions from any off site support facility that would not
be constructed or increase its emissions except as a result of the construction
or operation of the stationary source or emissions unit. Secondary emissions do
not include any emissions that come directly from a mobile source, such as
emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.
"Significant" means:
1. In reference to an emissions increase, an increase in
potential to emit that would equal or exceed any of the following rates:
a. In ozone nonattainment areas classified as serious or
severe in 9VAC5-20-204:
Pollutant
|
Emissions Rate
|
Carbon Monoxide
|
100 tons per year (tpy)
|
Nitrogen Oxides
|
25 tpy
|
Sulfur Dioxide
|
40 tpy
|
Particulate Matter (PM)
|
25 tpy
|
Particulate Matter (PM10)
|
15 tpy
|
Particulate Matter (PM2.5)
|
10 tpy
|
Volatile organic compounds
|
25 tpy
|
Lead
|
0.6 tpy
|
b. In all other areas:
Pollutant
|
Emissions Rate
|
Carbon Monoxide
|
100 tons per year (tpy)
|
Nitrogen Oxides
|
40 tpy
|
Sulfur Dioxide
|
40 tpy
|
Particulate Matter (PM)
|
25 tpy
|
Particulate Matter (PM10)
|
15 tpy
|
Particulate Matter (PM2.5)
|
10 tpy
|
Volatile organic compounds
|
40 tpy
|
Lead
|
0.6 tpy
|
2. In reference to an emissions increase for a regulated air
pollutant not listed in subdivision 1 of this definition, there is no emissions
rate that shall be considered significant.
3. If the particulate matter (PM10 or PM2.5)
emissions for a stationary source or emissions unit can be determined in a
manner acceptable to the board and the emissions increase is determined to be
significant using the emission rate for particulate matter (PM10 or
PM2.5), the stationary source or emissions unit shall be considered
to be significant for particulate matter (PM). If the emissions of particulate
matter (PM10 or PM2.5) cannot be determined in a manner
acceptable to the board, the emission rate for particulate matter (PM) shall be
used to determine whether the emissions increase is significant.
"Significant emissions increase" means, for a
regulated air pollutant, an increase in emissions that is significant for that
pollutant.
"Site" means one or more contiguous or adjacent
properties under the control of the same person (or or of persons
under common control) control.
"Source category schedule for standards" means the
schedule (i) issued pursuant to § 112(e) of the federal Clean Air Act for
promulgating MACT standards issued pursuant to § 112(d) of the federal
Clean Air Act and (ii) incorporated by reference into the regulations of the
board in subdivision 2 of 9VAC5-60-92.
"Space heater" means any fixed or portable, liquid
or gaseous fuel-fired, combustion unit used to heat air in a space, or used to
heat air entering a space, for the purpose of maintaining an air temperature
suitable for comfort, storage, or equipment operation. Space heaters do not
include combustion units used primarily for the purpose of conditioning or
processing raw materials or product, such as driers, kilns, or ovens.
"State enforceable" means all limitations and
conditions that are enforceable as a practical matter, including any regulation
of the board, those requirements developed pursuant to 9VAC5-170-160,
requirements within any applicable order or variance, and any permit
requirements established pursuant to this chapter.
"State operating permit" means a permit issued
under the state operating permit program.
"State operating permit program" means an operating
permit program (i) for issuing limitations and conditions for stationary
sources; (ii) promulgated to meet the EPA's minimum criteria for federal
enforceability, including adequate notice and opportunity for the EPA and
public comment prior to issuance of the final permit, and practicable
enforceability; and (iii) codified in Article 5 (9VAC5-80-800 et seq.) of this
part.
"Stationary source" means any building, structure,
facility, or installation that emits or may emit any regulated air
pollutant. A stationary source shall include all of the pollutant-emitting
activities that belong to the same industrial grouping, are located on one or
more contiguous or adjacent properties, and are under the control of the same
person (or or of persons under common control) control
except the activities of any watercraft or any nonroad engine.
Pollutant-emitting activities shall be considered as part of the same
industrial grouping if they belong to the same "major group" (i.e.,
that have the same two-digit code) as described in the "Standard
Industrial Classification Manual" (see 9VAC5-20-21).
"Synthetic minor source" means a stationary source
that otherwise has the potential to emit regulated air pollutants in amounts that
are at or above those for major stationary sources, as applicable, but is
subject to restrictions such that its potential to emit is less than such
amounts for major stationary sources. Such restrictions must be enforceable as
a practical matter. The term "synthetic minor source" applies
independently for each regulated air pollutant that the source has the
potential to emit.
"Temporary facility" means a facility that (i) is
operated to achieve a specific objective (such as serving as a pilot test facility,
a process feasibility project, or a remediation project) and (ii) does not
contribute toward the commercial production of any product or service
(including byproduct and intermediate product) during the operational period.
Portable emissions units covered by the exemption under 9VAC5-80-1105 A 1 c and
facilities used to augment or enable routine production are not considered
temporary facilities for the purposes of this definition.
"Toxic pollutant" means any air pollutant (i)
listed in § 112(b) of the federal Clean Air Act, as amended by Subpart C
of 40 CFR Part 63 and (ii) incorporated by reference into the regulations of
the board at subdivision 1 of 9VAC5-60-92, or any other air pollutant that the
board determines, through adoption of regulation, to present a significant risk
to public health. This term excludes asbestos, fine mineral fibers,
radionuclides, and any glycol ether that does not have a TLV®.
"Uncontrolled emission rate" means the emission
rate from an emissions unit when operating at maximum capacity without air
pollution control equipment. Air pollution control equipment includes control
equipment that is not vital to its operation, except that its use enables the
owner to conform to applicable air pollution control laws and regulations.
Annual uncontrolled emissions shall be based on the maximum annual rated
capacity (based on 8,760 hours of operation per year) of the emissions unit,
unless the emissions unit or stationary source is subject to state and
federally enforceable permit conditions that limit the annual hours of
operation. Enforceable permit conditions on the type or amount of material
combusted, stored, or processed may be used in determining the uncontrolled
emission rate of an emissions unit or stationary source. The uncontrolled
emission rate of a stationary source is the sum of the uncontrolled emission
rates of the individual emissions units. Secondary emissions do not count in
determining the uncontrolled emission rate of a stationary source.
"Undeveloped site" means any site or facility at
which no emissions units are located at the time the permit application is
deemed complete, or at the time the owner begins actual construction,
whichever occurs first. An undeveloped site also includes any site or facility
at which all of the emissions units have been determined to be shut down
pursuant to the provisions of 9VAC5-20-220.
"Vegetative waste" means decomposable materials
generated by land clearing activities and includes shrub, bush and tree
prunings, bark, brush, leaves, limbs, roots, and stumps. Vegetative waste does
not include construction or demolition waste or any combination of them.
"Vegetative waste recycling/mulching operation"
means any activity related to size reduction or separating, or both, of clean
wood or vegetative waste, or both, by grinding, shredding, chipping, screening,
or any combination of them.
9VAC5-80-1170. Public participation.
A. No later than 15 days after receiving the initial
determination notification required under 9VAC5-80-1160 B, the applicant for a
minor NSR permit for a new major stationary source shall notify the public of
the proposed major stationary source in accordance with subsection B of this
section.
B. The public notice required by subsection A of this section
shall be placed by the applicant in at least one newspaper of general
circulation in the affected air quality control region. The notice shall be
approved by the board and shall include, but not be limited to, the
following:
1. The source name, location, and type;
2. The pollutants and the total quantity of each which that
the applicant estimates will be emitted, and a brief statement of the
air quality impact of such pollutants;
3. The control technology proposed to be used at the time of
the publication of the notice; and
4. The name and telephone number of a contact person,
employed by the applicant, who can answer questions about the proposed
source.
C. Upon a determination by the board that it an
alternative plan will achieve the desired results in an equally effective
manner, an applicant for a minor NSR permit may implement an alternative plan
for notifying the public to that required in subsections A and B of this
section.
D. Prior to the decision of the board, minor NSR permit
applications as specified below shall be subject to a public comment period of
at least 30 days. At the end of the public comment period, a public hearing
shall be held in accordance with subsection E of this section.
1. Applications for stationary sources of hazardous air
pollutants requiring a case-by-case maximum achievable control technology
determination under Article 3 (9VAC5-60-120 et seq.) of Part II of 9VAC5-60
(Hazardous Air Pollutant Sources).
2. Applications for new major stationary sources and major
modifications.
3. Applications for projects that would result in an increase
in the potential to emit of any regulated air pollutant that would equal or
exceed 100 tons per year, considering any state and federally enforceable
permit conditions that will be placed on the source by a minor NSR permit.
4. Applications for new stationary sources or projects that
have the potential for public interest concerning air quality issues, as
determined by the board. The identification of such sources shall be made using
the following nonexclusive criteria:
a. Whether the new stationary source or project is opposed by
any person;
b. Whether the new stationary source or project has resulted
in adverse media;
c. Whether the new stationary source or project has generated
adverse comment through any public participation or governmental review process
initiated by any other governmental agency; and
d. Whether the new stationary source or project has generated
adverse comment by a local official, governing body, or advisory board.
5. Applications for stationary sources for which any provision
of the minor NSR permit is to be based upon a good engineering practice (GEP)
stack height that exceeds the height allowed by subdivisions 1 and 2 of the GEP
definition. The demonstration specified in subdivision 3 of the GEP definition
and required by 9VAC5-50-20 H 3 shall be included in the application.
E. When a public comment period and public hearing are
required, the board shall notify the public, by advertisement in at
least one newspaper of general circulation in the affected air quality control
region, of the opportunity for the public comment and the public hearing
on the information available for public inspection under the provisions of
subdivision 1 of this subsection. The notification shall be published at least
30 days prior to the day of the public hearing. For permits subject to
§ 10.1-1307.01 of the Code of Virginia, written comments will be accepted
by the board for at least 15 days after any hearing, unless the board
votes to shorten the period.
1. Information on the minor NSR permit application (exclusive,
exclusive of confidential information under 9VAC5-170-60) 9VAC5-170-60,
as well as the preliminary review and analysis and preliminary determination of
the board, shall be available for public inspection during the entire
public comment period in at least one location in the affected air quality
control region. Any demonstration included in an application specified in
subdivision D 5 of this section shall be available for public inspection during
the public comment period.
2. A copy of the notice shall be sent to all local air
pollution control agencies having jurisdiction in the affected air quality
control region, all states sharing the affected air quality control region, and
to the regional EPA administrator, U.S. Environmental Protection
Agency.
3. Notices of public comment periods and public hearings for
major stationary sources and major modifications published under this section
shall meet the requirements of § 10.1-1307.01 of the Virginia Air
Pollution Control Law.
F. Following the initial publication of the notice required
under subsection E of this section, the board will receive written requests for
direct consideration of the minor NSR permit application by the board pursuant
to the requirements of 9VAC5-80-25. In order to be considered, the request must
be submitted no later than the end of the public comment period. A request for
direct consideration of an application by the board shall contain the following
information:
1. The name, mailing address, and telephone number of the
requester.
2. The names and addresses of all persons for whom the
requester is acting as a representative (for; for the purposes of
this requirement, an unincorporated association is a person) person.
3. The reason why direct consideration by the board is
requested.
4. A brief, informal statement setting forth the factual
nature and the extent of the interest of the requester or of the persons for whom
the requester is acting as representative in the application or preliminary
determination, including an explanation of how and to what extent such interest
would be directly and adversely affected by the issuance, denial, or
revision of the permit in question.
5. Where possible, specific references to the terms and
conditions of the permit in question, together with suggested revisions and
alterations of those terms and conditions that the requester considers are
needed to conform the permit to the intent and provisions of the Virginia Air
Pollution Control Law.
G. The board will review any request made under subsection F
of this section, and will take final action on the request as provided
in 9VAC5-80-1160 D.
H. In order to facilitate the efficient issuance of permits
under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360 et seq.) of this
part, upon request of the applicant the board shall process the minor NSR
permit application using public participation procedures meeting the
requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as applicable.
I. If the board finds that there is a locality
particularly affected by (i) a new fossil fuel-fired generating facility with a
capacity of 500 megawatts or more, (ii) a major modification to an existing
source that is a fossil fuel-fired generating facility with a capacity of 500
megawatts or more, (iii) a new fossil fuel-fired compressor station facility
used to transport natural gas, or (iv) a major modification to an existing
source that is a fossil fuel-fired compressor station facility used to
transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local paper of general
circulation in any locality particularly affected at least 60 days prior to the
close of any public comment period. Such notice shall (i) contain a statement
of the estimated local impact of the proposed action; (ii) provide information
regarding specific pollutants and the total quantity of each that may be
emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv)
advise the public how to request board consideration; and (v) advise the public
where to obtain information regarding the proposed action. The department shall
post such notice on the department website and on a department social media
account; and
b. Mail the notice to (i) the chief elected official of,
chief administrative officer of, and planning district commission for each
locality particularly affected; (ii) every public library and public school located
within five miles of such facility; and (iii) the owner of each parcel of real
property that is depicted as adjacent to the facility on the current real
estate tax assessment maps of the locality. Written comments shall be accepted
by the board for at least 30 days after any hearing on such variance or permit
unless the board votes to shorten the period.
2. The department shall post the notice required in
subdivision 1 a of this subsection on the department website and on a
department social media account.
3. Written comments shall be accepted by the board for at
least 30 days after any hearing on such variance or permit unless the board
votes to shorten the period.
9VAC5-80-1410. Definitions.
A. For the purpose of this article and subsequent amendments
or any orders issued by the board, the words or terms shall have the meaning
given them in subsection C of this section.
B. As used in this section, all terms not defined here
in subsection C of this section shall have the meaning given them in
9VAC5 Chapter 10 (9VAC5-10-10 et seq.), unless otherwise required by context.
C. Terms defined.
"Affected source" means the stationary source, the
group of stationary sources, or the portion of a stationary source which
that is regulated by a MACT standard.
"Affected states" are all states:
1. Whose air quality may be affected and that are contiguous
to the Commonwealth; or
2. Whose air quality may be affected and that are within 50
miles of the major source for which a case-by-case MACT determination is made
in accordance with this article.
"Available information" means, for purposes of
identifying control technology options for the stationary source, information
contained in the following information sources as of the date of approval of
the permit:
1. A relevant proposed regulation, including all supporting
information.
2. Background information documents for a draft or proposed
regulation.
3. Data and information available from the Control Technology
Center developed pursuant to § 113 of the federal Clean Air Act.
4. Data and information contained in the Aerometric
Informational Retrieval System including information in the MACT database.
5. Any additional information that can be expeditiously
provided by the administrator.
6. For the purpose of determinations by the board, any
additional information provided by the applicant or others, and any additional
information considered available by the board.
"Begin actual construction" means initiation of
permanent physical on-site construction of an emissions unit. This includes,
but is not limited to, installation of building supports and foundations,
laying of underground pipework, and construction of permanent storage
structures.
"Begin actual reconstruction" means initiation of
permanent physical on-site reconstruction of an emissions unit. This includes,
but is not limited to, installation of building supports and foundations,
laying of underground pipework, and construction of permanent storage
structures.
"Best controlled similar source" means a stationary
source that (i) has comparable emissions and is structurally similar in design
and capacity to other stationary sources such that the stationary sources could
be controlled using the same control technology, and (ii) uses a control
technology that achieves the lowest emission rate among all other similar
sources in the United States.
"Case-by-case MACT determination" means a
determination by the board, pursuant to the requirements of this article, which
that establishes a MACT emission limitation, MACT work practice
standard, or other MACT requirements for a stationary source subject to this
article.
"Commenced" means, with respect to construction or
reconstruction of a stationary source, that the owner has undertaken a
continuous program of construction or reconstruction or that an owner has
entered into a contractual obligation to undertake and complete, within a
reasonable time, a continuous program of construction or reconstruction.
"Complete application" means that the application
contains all the information necessary for processing the application and the
provisions of § 10.1-1321.1 of the Virginia Air Pollution Control Law have been
met. Designating an application complete for purposes of permit processing does
not preclude the board from requesting or accepting additional information.
"Construct a major source" means:
1. To fabricate, erect, or install a major source at any undeveloped
site; or
2. To fabricate, erect, or install a major process or
production unit at any site.
"Construction" means:
1. The fabrication, erection, or installation of a major
source at any undeveloped site; or
2. The fabrication, erection, or installation of a major
process or production unit at any site.
"Control technology" means measures, processes,
methods, systems, or techniques to limit the emission of hazardous air
pollutants including, but not limited to, measures that:
1. Reduce the quantity of, or eliminate emissions of,
such pollutants through process changes, substitution of materials, or
other modifications;
2. Enclose systems or processes to eliminate emissions;
3. Collect, capture, or treat such pollutants when
released from a process, stack, storage, or fugitive emissions point;
4. Are design, equipment, work practice, or operational
standards (including, including requirements for operator
training or certification) certification; or
5. Are a combination of subdivisions 1 through 4 of this
definition.
"Electric utility steam generating unit" means any
fossil fuel fired combustion unit of more than 25 megawatts that serves a
generator that produces electricity for sale. A unit that co-generates steam
and electricity and supplies more than one-third of its potential electric
output capacity and more than 25 megawatts electric output to any utility power
distribution system for sale shall be considered an electric utility steam
generating unit.
"Emergency" means, in the context of 9VAC5-80-1580
C, a situation where immediate action on the part of a source is needed and
where the timing of the action makes it impractical to meet the requirements of
this article, such as sudden loss of power, fires, earthquakes, floods,
or similar occurrences.
"Emissions unit" means any part of a stationary
source which that emits or would have the potential to emit any
hazardous air pollutant.
"Enforceable as a practical matter" means that the
permit contains emission limitations that are enforceable by the board or the
department and meet the following criteria:
1. Are permanent.
2. Contain a legal obligation for the owner to adhere to the
terms and conditions.
3. Do not allow a relaxation of a requirement of the state
implementation plan.
4. Are technically accurate and quantifiable.
5. Include averaging times or other provisions that allow at
least monthly (or, or a shorter period if necessary to be
consistent with the emission standard) standard, checks on
compliance. This may include, but not be limited to, the following:
compliance with annual limits in a rolling basis, monthly or shorter limits,
and other provisions consistent with 9VAC5-80-1490 and other regulations of the
board.
6. Require a level of recordkeeping, reporting, and monitoring
sufficient to demonstrate compliance.
"EPA" means the United States U.S.
Environmental Protection Agency.
"Federal operating permit" means a permit issued
under Article 1 (9VAC5-80-50 et seq.) or Article 3 (9VAC5-80-360 et seq.) of
this part.
"Federally enforceable" means all limitations and
conditions which that are enforceable by the administrator and
citizens under the federal Clean Air Act or that are enforceable under other
statutes administered by the administrator. Federally enforceable limitations
and conditions include but are not limited to the following:
1. Emission standards, alternative emission standards,
alternative emission limitations, and equivalent emission limitations
established pursuant to § 112 of the federal Clean Air Act as amended in 1990.
2. New source performance standards established pursuant to §
111 of the federal Clean Air Act, and emission standards established pursuant
to § 112 of the federal Clean Air Act before it was amended in 1990.
3. All terms and conditions in a federal operating permit,
including any provisions that limit a source's potential to emit, unless
expressly designated as not federally enforceable.
4. Limitations and conditions that are part of an approved
State Implementation Plan (SIP) or a Federal Implementation Plan (FIP).
5. Limitations and conditions that are part of a federal
construction permit issued under 40 CFR 52.21 or any construction permit issued
under regulations approved by EPA in accordance with 40 CFR Part 51. This does
not include limitations and conditions that are established to address plans,
programs, or regulatory requirements that are enforceable only by the
Commonwealth.
6. Limitations and conditions that are part of an operating
permit issued pursuant to a program approved by EPA into a SIP as meeting EPA's
minimum criteria for federal enforceability, including adequate notice and
opportunity for EPA and public comment prior to issuance of the final permit
and practicable enforceability. This does not include limitations and
conditions that are established to address plans, programs, or regulatory
requirements that are enforceable only by the Commonwealth.
7. Limitations and conditions in a Virginia regulation or
program that has been approved by EPA under subpart E of 40 CFR Part 63 for the
purposes of implementing and enforcing § 112 of the federal Clean Air Act.
8. Individual consent agreements that EPA has legal authority
to create.
"Fixed capital cost" means the capital needed to
provide all the depreciable components of an existing source.
"Fugitive emissions" means those emissions which
could not reasonably pass through a stack, chimney, vent, or other functionally
equivalent opening.
"Hazardous air pollutant" means any air pollutant
listed in § 112(b) of the federal Clean Air Act as amended by 40 CFR
63.60.
"Locality particularly affected" means any
locality that bears any identified disproportionate material air quality impact
that would not be experienced by other localities.
"MACT standard" means (i) an emission standard;
(ii) an alternative emission standard; or (iii) an alternative emission
limitation promulgated in 40 CFR Part 63 that applies to the stationary source,
the group of stationary sources, or the portion of a stationary source
regulated by such standard or limitation. A MACT standard may include or
consist of a design, equipment, work practice, or operational requirement, or
other measure, process, method, system, or technique (including,
including prohibition of emissions) emissions, that the
administrator establishes for new or existing sources to which such standard or
limitation applies. Every MACT standard established pursuant to § 112 of the
federal Clean Air Act includes subpart A of 40 CFR Part 63 and all applicable
appendices of 40 CFR Part 63 or of other parts of Title 40 of the Code of
Federal Regulations that are referenced in that standard.
"Major process or production unit" means any
process or production unit which in and of itself emits or has the potential to
emit 10 tons per year of any hazardous air pollutant or 25 tons per year of any
combination of hazardous air pollutants.
"Major source" means any stationary source or group
of stationary sources located within a contiguous area and under common control
that emits or has the potential to emit considering controls, in the aggregate,
10 tons per year or more of any hazardous air pollutant or 25 tons per year or
more of any combination of hazardous air pollutants, unless the board
establishes a lesser quantity, or in the case of radionuclides, different
criteria from those specified in this definition.
"Maximum achievable control technology (MACT) emission
limitation" means the emission limitation which that is not
less stringent than the emission limitation achieved in practice by the best
controlled similar source, and which that reflects the
maximum degree of reduction in emissions that the board, taking into
consideration the cost of achieving such emission reduction and any nonair
quality health and environmental impacts and energy requirements, determines is
achievable by the constructed or reconstructed major source.
"New source review program" means a program for the
preconstruction review and permitting of new stationary sources or expansions
to existing ones in accordance with regulations promulgated to implement the
requirements of §§ 110(a)(2)(C), 165 (relating to permits in prevention of
significant deterioration areas) and 173 (relating to permits in nonattainment
areas) and 112 (relating to permits for hazardous air pollutants) of the
federal Clean Air Act.
"Permit" means a document issued pursuant to this
article containing all federally enforceable conditions necessary to enforce
the application and operation of any maximum achievable control technology or
other control technologies such that the MACT emission limitation is met.
"Potential to emit" means the maximum capacity of a
stationary source to emit a pollutant under its physical and operational
design. Any physical or operational limitation on the capacity of the source to
emit a pollutant, including air pollution control equipment, and restrictions
on hours of operation or on the type or amount of material combusted, stored,
or processed, shall be treated as part of its design only if the
limitation or its effect on emissions is state and federally enforceable.
"Presumptive MACT" means a preliminary MACT
determination made by EPA, in consultation with states and other stakeholders,
after data on a source category's emissions and controls have been collected
and analyzed, but before the MACT standard has been promulgated.
"Process or production unit" means any collection
of structures or equipment or both, that processes, assembles, applies, or
otherwise uses material inputs to produce or store an intermediate or final
product. A single facility may contain more than one process or production
unit.
"Public comment period" means a time during which
the public shall have the opportunity to comment on the permit application
information (exclusive, exclusive of confidential information)
information, the preliminary review and analysis, and the preliminary
decision of the board regarding the permit application.
"Reconstruct a major source" means to replace
components at an existing major process or production unit whenever:
1. The fixed capital cost of the new components exceeds 50% of
the fixed capital cost that would be required to construct a comparable new
process or production unit; and
2. It is technically and economically feasible for the
reconstructed major source to meet the applicable standard for new sources
established in a permit.
"Reconstruction" means the replacement of
components at an existing major process or production unit whenever:
1. The fixed capital cost of the new components exceeds 50% of
the fixed capital cost that would be required to construct a comparable new
process or production unit; and
2. It is technologically and economically feasible for the
reconstructed process or production unit to meet the applicable standard for
new sources established in a permit.
"Research and development activities" means
activities conducted at a research or laboratory facility whose primary purpose
is to conduct research and development into new processes and products, where
such source is operated under the close supervision of technically trained
personnel and is not engaged in the manufacture of products for sale or
exchange for commercial profit, except in a de minimis manner.
"Similar source" means a stationary source or
process that has comparable emissions and is structurally similar in design and
capacity to a constructed or reconstructed major source such that the source
could be controlled using the same control technology.
"Source category list" means the list and schedule
issued pursuant to § 112(c) and (e) for promulgating MACT standards issued
pursuant to § 112(d) of the federal Clean Air Act and published in the Federal
Register at 63 FR 7155, February 12, 1998.
"State enforceable" means all limitations and
conditions which that are enforceable as a practical matter,
including those requirements developed pursuant to 9VAC5-170-160, requirements
within any applicable order or variance, and any permit requirements
established pursuant to this chapter.
"Stationary source" means any building, structure,
facility, or installation which that emits or may emit any
air pollutant.
"Uncontrolled emission rate" means the emission
rate from a source when operating at maximum capacity without air pollution
control equipment. Air pollution control equipment is equipment that enables
the source to conform to applicable air pollution control laws and regulations
and that is not vital to its operation.
9VAC5-80-1460. Public participation.
A. No later than 15 days after receiving the initial determination
notification required under 9VAC5-80-1450 A, the applicant for a permit for a
major source of hazardous air pollutants shall notify the public of the
proposed source as required in subsection B of this section. The applicant
shall also provide an informational briefing about the proposed source for the
public as required in subsection C of this section.
B. The public notice required under this section shall be
placed by the applicant in at least one newspaper of general circulation in the
affected air quality control region. The notice shall be approved by the board
and shall include, but not be limited to, the following:
1. The source name, location, and type;
2. The applicable pollutants and the total quantity of each which
that the applicant estimates will be emitted, and a brief
statement of the air quality impact of such pollutants;
3. The control technology proposed to be used at the time of
the publication of the notice;
4. The date, time, and place of the informational
briefing; and
5. The name and telephone number of a contact person employed
by the applicant who can answer questions about the proposed source.
C. The informational briefing shall be held in the locality
where the source is or will be located and at least 30 days, but no later than
60 days, following the day of the publication of the public notice in the
newspaper. The applicant shall inform the public about the operation and
potential air quality impact of the source and answer any questions concerning
air quality about the proposed source from those in attendance at the briefing.
At a minimum, the applicant shall provide information on and answer questions
about (i) specific pollutants and the total quantity of each which the
applicant estimates will be emitted and (ii) the control technology proposed to
be used at the time of the informational briefing. Representatives from the
board shall attend and provide information and answer questions on the permit
application review process.
D. Upon a determination by the board that it an
alternative plan will achieve the desired results in an equally effective
manner, an applicant for a permit may implement an alternative plan for
notifying the public as required in subsection B of this section and for
providing the informational briefing as required in subsection C of this
section.
E. Prior to the decision of the board, all permit
applications shall be subject to a public comment period of at least 30 days.
In addition, at the end of the public comment period, a public hearing
will be held with notice in accordance with subsection F of this section.
F. The board shall notify the public by advertisement in at
least one newspaper of general circulation in the area affected of the
opportunity for the public comment and the public hearing on the information
available for public inspection under the provisions of subdivision 1 of this
subsection. The notification shall be published at least 30 days prior to the
day of the public hearing. Written comments will be accepted by the board for
at least 15 days after any hearing, unless the board votes to shorten
the period.
1. Information on the permit application (exclusive,
exclusive of confidential information under 9VAC5-170-60) 9VAC5-170-60,
as well as the preliminary review and analysis and preliminary determination of
the board, shall be available for public inspection during the entire
public comment period in at least one location in the affected area.
2. A copy of the notice shall be sent to all local air
pollution control agencies having jurisdiction in the affected air quality
control region, all states sharing the affected air quality control region, and
to the regional EPA administrator.
3. Notices of public hearings published under this section
shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution
Control Law.
G. Following the initial publication of the notice required
under subsection F of this section, the board will receive written requests for
direct consideration of the application by the board pursuant to the
requirements of 9VAC5-80-25. In order to be considered, the request must be
submitted no later than the end of the public comment period. A request for
direct consideration of an application by the board shall contain the following
information:
1. The name, mailing address, and telephone number of the
requester.
2. The names and addresses of all persons for whom the
requester is acting as a representative (for; for the purposes of
this requirement, an unincorporated association is a person) person.
3. The reason why direct consideration by the board is
requested.
4. A brief, informal statement setting forth the factual
nature and the extent of the interest of the requester or of the persons for
whom the requester is acting as representative in the application or
preliminary determination, including an explanation of how and to what extent
such interest would be directly and adversely affected by the issuance, denial,
or revision of the permit in question.
5. Where possible, specific references to the terms and
conditions of the permit in question, together with suggested revisions and
alterations of those terms and conditions that the requester considers are
needed to conform the permit to the intent and provisions of the Virginia Air
Pollution Control Law.
H. The board will review any request made under subsection G
of this section, and will take final action on the request as provided
in 9VAC5-80-1450 D.
I. In order to facilitate the efficient issuance of permits
under Articles 1 and 3 of this chapter, upon request of the applicant the board
shall process the permit application under this article using public
participation procedures meeting the requirements of this section and
9VAC5-80-270 or 9VAC5-80-670, as applicable.
J. If appropriate, the board may provide a public briefing on
its review of the permit application prior to the public comment period but no
later than the day before the beginning of the public comment period. If the
board provides a public briefing, the requirements of subsection F of this
section concerning public notification will be followed.
K. If the board finds that there is a locality
particularly affected by (i) a new fossil fuel-fired generating facility with a
capacity of 500 megawatts or more, (ii) a major modification to an existing
source that is a fossil fuel-fired generating facility with a capacity of 500
megawatts or more, (iii) a new fossil fuel-fired compressor station facility
used to transport natural gas, or (iv) a major modification to an existing
source that is a fossil fuel-fired compressor station facility used to
transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local paper of general
circulation in any locality particularly affected at least 60 days prior to the
close of any public comment period. Such notice shall (i) contain a statement
of the estimated local impact of the proposed action; (ii) provide information
regarding specific pollutants and the total quantity of each that may be
emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv)
advise the public how to request board consideration; and (v) advise the public
where to obtain information regarding the proposed action. The department shall
post such notice on the department website and on a department social media
account; and
b. Mail the notice to (i) the chief elected official of,
chief administrative officer of, and planning district commission for each
locality particularly affected; (ii) every public library and public school
located within five miles of such facility; and (iii) the owner of each parcel
of real property that is depicted as adjacent to the facility on the current
real estate tax assessment maps of the locality. Written comments shall be
accepted by the board for at least 30 days after any hearing on such variance
or permit unless the board votes to shorten the period.
2. The department shall post the notice required in subdivision
1 a of this subsection on the department website and on a department social
media account.
3. Written comments shall be accepted by the board for at
least 30 days after any hearing on such variance or permit unless the board
votes to shorten the period.
9VAC5-80-1775. Public participation.
A. No later than 30 days after receiving the initial
determination notification required under 9VAC5-80-1773 A, the applicant shall
notify the public about the proposed source as required in subsection B of this
section. The applicant shall also provide an informational briefing about the
proposed source for the public as required in subsection C of this section.
B. The public notice required under subsection A of this
section shall be placed by the applicant in at least one newspaper of general
circulation in the affected air quality control region. The notice shall be
approved by the board and shall include, but not be limited to, (i)
the name, location, and type of the source, and (ii) the time and
place of the informational briefing.
C. The informational briefing shall be held in the locality
where the source is or will be located and at least 30 days, but no later than
60 days, following the day of the publication of the public notice in the
newspaper. The applicant shall inform the public about the operation and
potential air quality impact of the source and answer any questions concerning
air quality about the proposed source from those in attendance at the briefing.
At a minimum, the applicant shall provide information on and answer questions
about (i) specific pollutants and the total quantity of each which the
applicant estimates will be emitted and (ii) the control technology proposed to
be used at the time of the informational briefing. Representatives from the
board will attend and provide information and answer questions on the permit
application review process.
D. Upon a determination by the board that it an
alternative plan will achieve the desired results in an equally effective
manner, an applicant for a permit may implement an alternative plan for
notifying the public as required in subsection B of this section and for
providing the informational briefing as required in subsection C of this
section.
E. The board will provide opportunity for a public hearing
for interested persons to appear and submit written or oral comments on the air
quality impact of the source or modification, alternatives to the source or
modification, the control technology required, and other appropriate
considerations.
F. The board will notify the public, by advertisement
in a newspaper of general circulation in each region in which the proposed
source or modification would be constructed, of the application, the
preliminary determination, the degree of increment consumption that is expected
from the source or modification, and the opportunity for comment at a public
hearing as well as written public comment. The notification will contain a
statement of the estimated local impact of the proposed source or modification,
which at a minimum will provide information regarding specific pollutants and
the total quantity of each that may be emitted, and will list the type and
quantity of any fuels to be used. The notification will be published at least
30 days prior to the day of the public hearing. Written comments will be
accepted by the board for at least 15 days after any hearing, unless the
board votes to shorten the period.
1. All materials the applicant submitted (exclusive,
exclusive of confidential information under 9VAC5-170-60), 9VAC5-170-60;
a copy of the preliminary determination; and a copy or summary of other
materials, if any, considered in making the preliminary determination will be
available for public inspection during the entire public comment period in at
least one location in the affected air quality control region.
2. A copy of the notice will be sent to the applicant, the
administrator, and to officials and agencies having cognizance over the
location where the proposed construction would occur as follows: (i) local
air pollution control agencies, (ii) the chief elected official and
chief administrative officer of the city and county where the source or
modification would be located and of any other locality particularly
affected, (iii) the planning district commission, and (iv) any
state, federal land manager, or Indian governing body whose lands may be
affected by emissions from the source or modification.
3. Notices of public comment periods and public hearings for
major stationary sources and major modifications published under this section
shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution
Control Law.
G. Following the initial publication of the notice required
under subsection F of this section, the board will receive written requests for
direct consideration of the application by the board pursuant to the
requirements of 9VAC5-80-25. In order to be considered, the request must be
submitted no later than the end of the public comment period. A request for
direct consideration of an application by the board shall contain the following
information:
1. The name, mailing address, and telephone number of the
requester.
2. The names and addresses of all persons for whom the
requester is acting as a representative (for; for the purposes of
this requirement, an unincorporated association is a person) person.
3. The reason why direct consideration by the board is
requested.
4. A brief, informal statement setting forth the factual
nature and the extent of the interest of the requester or of the persons for
whom the requester is acting as representative in the application or
preliminary determination, including an explanation of how and to what extent
such interest would be directly and adversely affected by the issuance, denial,
or revision of the permit in question.
5. Where possible, specific references to the terms and
conditions of the permit in question, together with suggested revisions and
alterations of those terms and conditions that the requester considers are
needed to conform the permit to the intent and provisions of the Virginia Air
Pollution Control Law.
H. The board will review any request made under subsection G
of this section and will take final action on the request as provided in
9VAC5-80-1773 D.
I. In order to facilitate the efficient issuance of permits
under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360 et seq.) of this
part, upon request of the applicant the board will process the permit
application under this article using public participation procedures meeting
the requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as
applicable.
J. If appropriate, the board may hold a public briefing on
the preliminary determination prior to the public comment period but no later
than the day before the beginning of the public comment period. The board will
notify the public of the time and place of the briefing by advertisement in a
newspaper of general circulation in the air quality control region in which the
proposed source or modification would be constructed. The notification will be
published at least 30 days prior to the day of the briefing.
K. If the board finds that there is a locality
particularly affected by (i) a new fossil fuel-fired generating facility with a
capacity of 500 megawatts or more, (ii) a major modification to an existing
source that is a fossil fuel-fired generating facility with a capacity of 500
megawatts or more, (iii) a new fossil fuel-fired compressor station facility
used to transport natural gas, or (iv) a major modification to an existing
source that is a fossil fuel-fired compressor station facility used to
transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local paper of general
circulation in any locality particularly affected at least 60 days prior to the
close of any public comment period. Such notice shall (i) contain a statement
of the estimated local impact of the proposed action; (ii) provide information
regarding specific pollutants and the total quantity of each that may be
emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv)
advise the public how to request board consideration; and (v) advise the public
where to obtain information regarding the proposed action. The department shall
post such notice on the department website and on a department social media
account; and
b. Mail the notice to (i) the chief elected official of,
chief administrative officer of, and planning district commission for each
locality particularly affected; (ii) every public library and public school
located within five miles of such facility; and (iii) the owner of each parcel
of real property that is depicted as adjacent to the facility on the current
real estate tax assessment maps of the locality. Written comments shall be
accepted by the board for at least 30 days after any hearing on such variance
or permit unless the board votes to shorten the period.
2. The department shall post the notice required in
subdivision 1 a of this subsection on the department website and on a
department social media account.
3. Written comments shall be accepted by the board for at
least 30 days after any hearing on such variance or permit, unless the board
votes to shorten the period.
9VAC5-80-2070. Public participation.
A. No later than 30 days after receiving the initial
determination notification required under 9VAC5-80-2060 A, the applicant shall
notify the public about the proposed source as required in subsection B of this
section. The applicant shall also provide an informational briefing about the
proposed source for the public as required in subsection C of this section.
B. The public notice required under subsection A of this
section shall be placed by the applicant in at least one newspaper of general
circulation in the affected air quality control region. The notice shall be
approved by the board and shall include, but not be limited to, (i)
the name, location, and type of the source, and (ii) the time and
place of the informational briefing.
C. The informational briefing shall be held in the locality
where the source is or will be located and at least 30 days, but no later than
60 days, following the day of the publication of the public notice in the
newspaper. The applicant shall inform the public about the operation and
potential air quality impact of the source and answer any questions concerning
air quality about the proposed source from those in attendance at the briefing.
At a minimum, the applicant shall provide information on and answer questions
about (i) specific pollutants and the total quantity of each which the
applicant estimates will be emitted and (ii) the control technology proposed to
be used at the time of the informational briefing. Representatives from the
board will attend and provide information and answer questions on the permit
application review process.
D. Upon determination by the board that it an
alternative plan will achieve the desired results in an equally effective
manner, an applicant for a permit may implement an alternative plan for notifying
the public as required in subsection B of this section and for providing the
informational briefing as required in subsection C of this section.
E. Prior to the decision of the board, all permit
applications will be subject to a public comment period of at least 30 days. In
addition, at the end of the public comment period, a public hearing shall be
held with notice in accordance with subsection F of this section.
F. The board will notify the public, by advertisement
in at least one newspaper of general circulation in the affected air quality
control region, of the opportunity for public comment and the public
hearing on the information available for public inspection under the provisions
of subdivision 1 of this subsection. The notification shall be published at
least 30 days prior to the day of the public hearing. Written comments will be
accepted by the board for at least 15 days after any hearing, unless the
board votes to shorten the period.
1. Information on the permit application (exclusive;
exclusive of confidential information under 9VAC5-170-60) 9VAC5-170-60,
as well as the preliminary review and analysis and preliminary determination of
the board, shall be available for public inspection during the entire
public comment period in at least one location in the affected air quality
control region.
2. A copy of the notice shall be sent to all local air
pollution control agencies having jurisdiction in the affected air quality
control region, all states sharing the affected air quality control region, and
to the regional EPA administrator, U.S. Environmental Protection
Agency.
3. Notices of public comment periods and public hearings for
major stationary sources and major modifications published under this section
shall meet the requirements of § 10.1-1307.01 of the Virginia Air Pollution
Control Law.
G. Following the initial publication of the notice required
under subsection F of this section, the board will receive written requests for
direct consideration of the application by the board pursuant to the
requirements of 9VAC5-80-25. In order to be considered, the request must be
submitted no later than the end of the public comment period. A request for
direct consideration of an application by the board shall contain the following
information:
1. The name, mailing address, and telephone number of the
requester.
2. The names and addresses of all persons for whom the
requester is acting as a representative (for; for the purposes of
this requirement, an unincorporated association is a person) person.
3. The reason why direct consideration by the board is
requested.
4. A brief, informal statement setting forth the factual
nature and the extent of the interest of the requester or of the persons for
whom the requester is acting as representative in the application or
preliminary determination, including an explanation of how and to what extent
such interest would be directly and adversely affected by the issuance, denial,
or revision of the permit in question.
5. Where possible, specific references to the terms and
conditions of the permit in question, together with suggested revisions and
alterations of those terms and conditions that the requester considers are
needed to conform the permit to the intent and provisions of the Virginia Air
Pollution Control Law.
H. The board will review any request made under subsection G
of this section, and will take final action on the request as provided
in 9VAC5-80-2060 C.
I. In order to facilitate the efficient issuance of permits
under Articles 1 (9VAC5-80-50 et seq.) and 3 (9VAC5-80-360 et seq.) of this
part, upon request of the applicant the board will process the permit
application under this article using public participation procedures meeting
the requirements of this section and 9VAC5-80-270 or 9VAC5-80-670, as
applicable.
J. If appropriate, the board may provide a public briefing on
its review of the permit application prior to the public comment period but no
later than the day before the beginning of the public comment period. If the
board provides a public briefing, the requirements of subsection F of this
section concerning public notification shall be followed.
K. If the board finds that there is a locality
particularly affected by (i) a new fossil fuel-fired generating facility with a
capacity of 500 megawatts or more, (ii) a major modification to an existing
source that is a fossil fuel-fired generating facility with a capacity of 500
megawatts or more, (iii) a new fossil fuel-fired compressor station facility
used to transport natural gas, or (iv) a major modification to an existing
source that is a fossil fuel-fired compressor station facility used to
transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local paper of general
circulation in any locality particularly affected at least 60 days prior to the
close of any public comment period. Such notice shall (i) contain a statement
of the estimated local impact of the proposed action; (ii) provide information
regarding specific pollutants and the total quantity of each that may be
emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv)
advise the public how to request board consideration; and (v) advise the public
where to obtain information regarding the proposed action. The department shall
post such notice on the department website and on a department social media
account; and
b. Mail the notice to (i) the chief elected official of,
chief administrative officer of, and planning district commission for each
locality particularly affected; (ii) every public library and public school
located within five miles of such facility; and (iii) the owner of each parcel
of real property that is depicted as adjacent to the facility on the current
real estate tax assessment maps of the locality. Written comments shall be
accepted by the board for at least 30 days after any hearing on such variance
or permit unless the board votes to shorten the period.
2. The department shall post the notice required in
subdivision 1 a of this subsection on the department website and on a
department social media account.
3. Written comments shall be accepted by the board for at
least 30 days after any hearing on such variance or permit, unless the board
votes to shorten the period.
Part VI
Board Actions
9VAC5-170-140. Variances.
A. Pursuant to § 10.1-1307 C of the Virginia Air Pollution
Control Law, the board may in its discretion grant local variances to a
provision of the regulations of the board after an investigation and public
hearing. If a local variance is appropriate, the board shall issue an order to
this effect. The order shall be subject to amendment or revocation at any time.
B. The board shall adopt variances and amend or revoke
variances if warranted only after conducting a public hearing pursuant to
public advertisement in at least one major newspaper of general circulation in
the affected area of the subject, date, time, and place of the public hearing
at least 30 days prior to the scheduled hearing.
C. The public participation procedures of § 10.1-1307.01 of
the Virginia Air Pollution Control Law shall be followed in the consideration
of variances.
D. Notwithstanding the requirements of subsection B of
this section, if the board finds that there is a locality particularly affected
by a variance involving (i) a new fossil fuel-fired generating facility with a
capacity of 500 megawatts or more, (ii) a major modification to an existing
source that is a fossil fuel-fired generating facility with a capacity of 500
megawatts or more, (iii) a new fossil fuel-fired compressor station facility
used to transport natural gas, or (iv) a major modification to an existing
source that is a fossil fuel-fired compressor station facility used to
transport natural gas:
1. The applicant shall perform the following:
a. Publish a notice in at least one local paper of general
circulation in any locality particularly affected at least 60 days prior to the
close of any public comment period. Such notice shall (i) contain a statement
of the estimated local impact of the proposed action; (ii) provide information
regarding specific pollutants and the total quantity of each that may be
emitted; (iii) list the type, quantity, and source of any fuel to be used; (iv)
advise the public how to request board consideration; and (v) advise the public
where to obtain information regarding the proposed action. The department shall
post such notice on the department website and on a department social media
account; and
b. Mail the notice to (i) the chief elected official of,
chief administrative officer of, and planning district commission for each
locality particularly affected; (ii) every public library and public school
located within five miles of such facility; and (iii) the owner of each parcel
of real property that is depicted as adjacent to the facility on the current
real estate tax assessment maps of the locality. Written comments shall be
accepted by the board for at least 30 days after any hearing on such variance
or permit unless the board votes to shorten the period.
2. The department shall post the notice required in
subdivision 1 a of this subsection on the department website and on a
department social media account.
3. Written comments shall be accepted by the board for at
least 30 days after any hearing on such variance or permit, unless the board
votes to shorten the period.
VA.R. Doc. No. R21-6451; Filed September 23, 2020, 5:03 a.m.
TITLE 9. ENVIRONMENT
VIRGINIA WASTE MANAGEMENT BOARD
Final Regulation
REGISTRAR'S NOTICE: The
Virginia Waste Management Board is claiming an exemption from Article 2 of the
Administrative Process Act in accordance with § 2.2-4006 A 4 a of the Code
of Virginia, which excludes regulations that are necessary to conform to
changes in Virginia statutory law or the appropriation act where no agency
discretion is involved. The Virginia Waste Management Board will receive,
consider, and respond to petitions by any interested person at any time with
respect to reconsideration or revision.
Title of Regulation: 9VAC20-81. Solid Waste
Management Regulations (amending 9VAC20-81-40).
Statutory Authority: § 10.1-1402 of the Code of
Virginia; 42 USC § 6941 et seq.; 40 CFR Part 258.
Effective Date: November 11, 2020.
Agency Contact: Debra Harris, Policy and Planning
Specialist, Department of Environmental Quality, P.O. Box 1105, Richmond, VA
23218, telephone (804) 698-4209, or email debra.harris@deq.virginia.gov.
Summary:
Chapter 621 of the 2020 Acts of Assembly prohibits the
disposal of solid waste in an unpermitted facility and provides that the
presences of unpermitted solid waste on a person's property is prima facie
evidence that the person allowed solid waste to be disposed of on his property
without a permit. This regulatory action aligns the regulation with Chapter
621.
9VAC20-81-40. Prohibitions.
A. No person shall operate any sanitary landfill or other
facility for the disposal, treatment, or storage of solid waste without a
permit from the director.
B. No person shall allow waste to be disposed of or otherwise
managed on his property except in accordance with this chapter.
C. It shall be the duty of all persons to dispose of or
otherwise manage their solid waste in a legal manner.
D. Any person who violates subsection A, B, or C of this
section shall immediately cease the activity of improper management and the
treatment, storage, or disposal of any additional wastes and shall initiate
such removal, cleanup, or closure in place.
E. Management of lead acid
batteries.
1. No person shall place a used lead acid battery in mixed
municipal solid waste or discard or otherwise dispose of a lead acid battery
except by delivery to a battery retailer or wholesaler, or to a secondary lead
smelter, or to a collection or reclamation facility authorized under the laws
of the Commonwealth or by the United States Environmental Protection Agency.
2. No battery retailer shall dispose of a used lead acid
battery except by delivery to:
a. The agent of a battery wholesaler or a secondary lead
smelter;
b. A battery manufacturer for delivery to a secondary smelter;
or
c. A collection or reclamation facility authorized under the
laws of the Commonwealth or by the United States Environmental Protection
Agency.
3. No person selling new lead acid batteries at wholesale
shall refuse to accept from customers at the point of transfer, used lead acid
batteries of the type and in a quantity at least equal to the number of new
batteries purchased, if offered by customers.
4. The provisions of subdivisions 1 through 3 of this
subsection shall not be construed to prohibit any person who does not sell new
lead acid batteries from collecting and reclaiming such batteries.
F. Any locality may, by ordinance, prohibit the disposal of
cathode ray tubes (CRTs) in any waste to energy or solid waste disposal
facility within its jurisdiction if it has implemented a CRT recycling program
that meets the requirements of § 10.1-1425.26 of the Code of Virginia.
G. No person shall dispose of or manage solid waste in an
unpermitted facility, including by disposing, causing to be disposed, or arranging
for the disposal of solid waste upon a property for which the director has not
issued a permit and that is not otherwise exempt from permitting requirements.
VA.R. Doc. No. R21-6486; Filed September 23, 2020, 8:15 a.m.
TITLE 10. FINANCE AND FINANCIAL INSTITUTIONS
STATE CORPORATION COMMISSION
Proposed Regulation
REGISTRAR'S NOTICE: The
State Corporation Commission is claiming an exemption from the Administrative
Process Act in accordance with § 2.2-4002 A 2 of the Code of Virginia,
which exempts courts, any agency of the Supreme Court, and any agency that by
the Constitution is expressly granted any of the powers of a court of record.
Title of Regulation: 10VAC5-60. Consumer Finance
Companies (amending 10VAC5-60-20, 10VAC5-60-30,
10VAC5-60-60; adding 10VAC5-60-5, 10VAC5-60-15, 10VAC5-60-25, 10VAC5-60-35,
10VAC5-60-45, 10VAC5-60-55, 10VAC5-60-65, 10VAC5-60-70; repealing 10VAC5-60-40,
10VAC5-60-50).
Statutory Authority: §§ 6.2-1535 and 12.1-13 of the Code
of Virginia.
Public Hearing Information: A public hearing will be
held upon request.
Public Comment Deadline: October 23, 2020.
Agency Contact: Dustin Physioc, Deputy Commissioner,
Bureau of Financial Institutions, State Corporation Commission, P.O. Box 640,
Richmond, VA 23218, telephone (804) 786-0831, FAX (804) 371-9416, or email dustin.physioc@scc.virginia.gov.
Summary:
The proposed amendments implement Chapters 1215 and 1258 of
the 2020 Acts of Assembly, which will become effective on January 1, 2021.
Additionally, the proposed amendments update the regulation and incorporate an
assortment of provisions from existing regulations governing other types of
nondepository institutions also licensed and regulated under Title 6.2 of the
Code of Virginia.
AT RICHMOND, SEPTEMBER 18, 2020
COMMONWEALTH OF VIRGINIA, ex rel.
STATE CORPORATION COMMISSION
CASE NO. BFI-2020-00055
Ex Parte: In the matter of Adopting
Revisions to the Regulations Governing
Consumer Finance Companies
ORDER TO TAKE NOTICE
Section 6.2-1535 of the Code of Virginia ("Code")
provides that the State Corporation Commission ("Commission") shall
adopt such regulations as it deems appropriate to effect the purposes of
Chapter 15 (§ 6.2-1500 et seq.) of Title 6.2 of the Code ("Chapter
15"). The Commission's regulations governing consumer finance companies
are set forth in Chapter 60 of Title 10 of the Virginia Administrative Code
("Chapter 60").
The Bureau of Financial Institutions ("Bureau") has
submitted to the Commission proposed amendments to Chapter 60. The
proposed amendments are prompted by Chapters 1215 and 1258 of the 2020 Virginia
Acts of Assembly, which make extensive changes to Chapter 15 that will become
effective on January 1, 2021. In this regard, the Bureau's proposed revisions
are primarily designed to implement and clarify certain aspects of the
legislation. Additionally, the Bureau is seeking to generally update Chapter 60
in various respects as well as augment it by incorporating an assortment of
provisions from the Commission's existing regulations governing one or more
other types of non-depository institutions that are also licensed and regulated
under Title 6.2 of the Code.
Definitions.
Proposed section 10 VAC 5-60-5 is new, and it
defines several terms that are used in Chapter 60, including
"advertisement," "consumer finance loan," and "liquid
assets."
Surety bond; other requirements for licensees; acquisitions.
Proposed section 10 VAC 5-60-15 is also new, and it: (i)
provides that all licensees need to maintain a surety bond of at least $25,000
notwithstanding the occurrence of certain events; (ii) specifies that the
unencumbered liquid asset requirement is for each place of business;
(iii) clarifies the provisions governing the relocation of approved
offices; and (iv) prescribes the amount of the application fee for proposed
acquisitions under § 6.2-1510 of the Code. The proposal also clarifies that
licensees must continuously maintain the requirements and standards for
licensure prescribed in § 6.2-1507 of the Code.
Additional business requirements and restrictions.
The proposed amendments to section 10 VAC 5-60-20 prohibit a
licensee from: (i) requiring a borrower to use a particular provider or list of
providers for property insurance on a motor vehicle being used as security for
a loan; (ii) charging a borrower a fee for cashing a loan proceeds check; (iii)
selling or assigning a loan to any other person who is not also licensed under
Chapter 15; and (iv) providing false, misleading, or deceptive information to
borrowers or prospective borrowers. Other proposed changes to this
section clarify: (i) the requirements for receipts given to borrowers for cash
payments; (ii) that a person remains subject to the provisions in Chapter 15
and Chapter 60 that are applicable to licensees in connection with all consumer
finance loans that the person made while licensed notwithstanding the
occurrence of certain events; and (iii) that loans made prior to January 1,
2021, that remain outstanding on or after January 1, 2021, may be collected in
accordance with the preexisting terms of the loan contracts provided that such terms
were permitted by law when the loans were made. The proposed revisions also
modify the time period within which a licensee must accomplish the acts
required by § 6.2-1524 G of the Code.
Access partners.
Proposed section 10 VAC 5-60-25 is new, and it clarifies
various provisions in § 6.2-1523.1 of the Code pertaining to access
partners and prescribes the information relating to licensees' access partners
that licensees will be required to periodically furnish to the Commissioner of
Financial Institutions ("Commissioner").
Repayment of loans through payroll deductions.
The proposed amendments to section 10 VAC 5-60-30 update the
existing protections governing the repayment of loans through allotments so
that they are applicable in all cases whereby a licensee offers a borrower the
option of making payments on a consumer finance loan through deductions from
the borrower's payroll. The proposal also clarifies that automatic
payroll deductions that are established and administered in accordance with 10
VAC 5-60-30 are not subject to § 6.2-1526 of the Code.
Advertising.
Proposed section 10 VAC 5-60-35 is new, and it requires a
licensee to conspicuously disclose certain information in its advertisements,
such as the licensee's name and license number. Furthermore, the proposal
clarifies that licensees' advertisements must comply with the disclosure
requirements for advertisements contained in Regulation Z (12 C.F.R. Part
1026), and it specifies the record retention requirements for advertisements.
Conducting other business.
Proposed section 10 VAC 5-60-45 is also new, and it addresses
the conduct of any business other than consumer finance lending from a location
where a licensee conducts business under Chapter 15. This section elaborates
upon the procedural requirements that are established by § 6.2-1518 of the
Code, particularly as they relate to notices that may be filed with the
Commissioner on or after January 1, 2021. In addition, the proposal clarifies
and prescribes the conditions that are applicable to a variety of other
businesses that may be conducted in licensees' consumer finance offices.
The conditions largely mirror those found in the Commission's existing
regulations governing the conduct of other business in payday lending offices
(10 VAC 5-200-100) and motor vehicle title lending offices (10 VAC
5-210-70). Furthermore, the proposal addresses the collection of outstanding
payday loans and motor vehicle title loans from consumer finance offices
beginning on January 1, 2021, and clarifies that in certain circumstances, the
sale of insurance or enrolling of borrowers under a group insurance policy does
not constitute other business for purposes of § 6.2-1518 of the Code.
Since proposed section 10 VAC 5-60-45 incorporates the
Commission's existing regulations governing the conduct of open-end credit
business and real estate mortgage business in consumer finance offices, the
Bureau is proposing to repeal section 10 VAC 5-60-40 ("Rules governing
open-end credit business in licensed consumer finance offices") and
section 10 VAC 5-60-50 ("Rules governing real estate mortgage
business in licensed consumer finance offices").
Books, accounts, and records; responding to requests from the
Bureau; providing false, misleading, or deceptive information.
Section 10 VAC 5-60-55 is new, and it clarifies the record
retention requirements for licensees, authorizes records to be retained
electronically, and addresses the time period within which licensees need to
respond to the Bureau's requests for written responses, books, records,
documentation, or other information. Additionally, this proposed section
furnishes licensees with guidance concerning the disposition of records
containing consumers' personal financial information and expressly prohibits
licensees from providing any false, misleading, or deceptive information to the
Bureau.
Schedule prescribing annual fees paid for examination,
supervision, and regulation of consumer finance companies.
Section 10 VAC 5-60-60 contains several technical amendments
and clarifies that a licensee's annual fee is calculated on the basis of its
total assets combined with the total assets of its affiliates conducting
business in any of its authorized offices.
Enforcement; civil penalties.
Section 10 VAC 5-60-65 is new, and it clarifies that
violations of Chapter 15 or the Commission's regulations governing consumer
finance companies may result in civil penalties, license suspension, license
revocation, or other appropriate enforcement action. This proposed
section also explains how the maximum civil penalty under § 6.2-1543 of the
Code is applied in the case of violations involving multiple loans or
borrowers.
Commission authority.
The last new section, 10 VAC 5-60-70, preserves the
Commission's authority to waive or grant exceptions to any provision in Chapter
60 for good cause shown.
NOW THE COMMISSION, based on the information supplied by the
Bureau, is of the opinion and finds that the proposed regulations should be
considered for adoption with a proposed effective date of January 1, 2021.
Accordingly, IT IS ORDERED THAT:
(1) The proposed regulations are attached hereto and made a
part hereof.
(2) Comments or requests for a hearing on the proposed
regulations must be submitted in writing to the Clerk of the Commission, State
Corporation Commission, c/o Document Control Center, P.O. Box 2118, Richmond,
Virginia 23218, on or before October 23, 2020. Requests for a hearing shall
state why a hearing is necessary and why the issues cannot be adequately
addressed in written comments. All correspondence shall contain a reference to
Case No. BFI-2020-00055. Interested persons desiring to submit comments
or request a hearing electronically may do so by following the instructions
available at the Commission's website: https://scc.virginia.gov/casecomments/Submit-Public-Comments.
(3) This Order and the attached proposed regulations shall be
made available on the Commission's website: https://scc.virginia.gov/pages/Case-Information.
(4) The Commission's Division of Information Resources shall
provide a copy of this Order, including a copy of the attached proposed
regulations, to the Virginia Registrar of Regulations for publication in the
Virginia Register of Regulations.
A COPY hereof, together with a copy of the proposed
regulations, shall be sent by the Clerk of the Commission to the Commission's
Office of General Counsel and the Commissioner of Financial Institutions, who
shall send by e-mail or U.S. mail a copy of this Order, together with a copy of
the proposed regulations, to all licensed consumer finance companies and such
other interested persons as he may designate.
10VAC5-60-5. Definitions.
A. The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"Act" means Chapter 15 (§ 6.2-1500 et seq.) of
Title 6.2 of the Code of Virginia.
"Advertisement" means a commercial message in
any medium that promotes, directly or indirectly, a consumer finance loan. The
term includes a communication sent to a consumer as part of a solicitation of
business but excludes messages on promotional items such as pens, pencils,
notepads, hats, and calendars.
"Consumer finance loan" means a loan made to an
individual for personal, family, household, or other nonbusiness purposes.
"Liquid assets," for purposes of the Act and
this chapter, means funds held in a checking account or savings account at a
depository institution, money market funds, commercial paper, and treasury
bills.
B. Other terms used in this chapter shall have the
meanings set forth in § 6.2-100 or 6.2-1500 of the Code of Virginia.
10VAC5-60-15. Surety bond; other requirements for licensees;
acquisitions.
A. Every licensee and applicant for a license shall file
and continuously maintain in full force a surety bond that meets the
requirements of § 6.2-1523.3 of the Code of Virginia. The minimum bond amount
required shall be $25,000. The form of the bond will be prescribed and provided
by the commissioner.
B. If a person has filed a surety bond with the
commissioner, the bond shall be retained by the commissioner notwithstanding
the occurrence of any of the following events:
1. The person's application for a license is withdrawn or
denied;
2. The person's license is surrendered, suspended, or
revoked; or
3. The person ceases engaging in business as a consumer
finance company.
C. A licensee shall at all times maintain unencumbered
liquid assets of at least $25,000 per place of business. A licensee shall upon
request by the bureau submit proof that it is complying with the provisions of
this subsection.
D. A proposed office location specified in an application
filed under § 6.2-1505 or 6.2-1508.1 A of the Code of Virginia shall be deemed
to be open for purposes of the Act and this chapter effective upon the date
that the application was either approved by the commission or deemed approved
pursuant to § 6.2-1508.1 A.
E. A licensee shall notify the bureau in writing and pay a
$250 fee within 10 days of relocating any approved office that is located
either within or outside of the Commonwealth. The bureau shall furnish the
licensee with a replacement license certificate that identifies the new location
upon finding that the new location is in the same county, city, or town as the
old location or in a contiguous county, city, or town. The licensee shall also
notify the bureau in writing within 10 days of commencing business at the
relocated place of business.
F. A licensee shall continuously maintain the requirements
and standards for licensure prescribed in § 6.2-1507 of the Code of Virginia.
G. Any person submitting an application to acquire,
directly or indirectly, 25% or more of the voting shares of a corporation or
25% or more of the ownership of any other person licensed to conduct business
under the Act shall pay a nonrefundable application fee of $500.
10VAC5-60-20. Time limit for compliance Additional
business requirements and restrictions.
A. Licensees shall have 30 10 calendar
days after the date a consumer finance loan is paid in full, or a
judgment is satisfied, or a borrower's obligation is otherwise terminated to
accomplish the acts required by § 6.2-1524 G of the Code of Virginia.
Failure so to comply within that time limit shall
constitute a violation of the subsection, which violation will result in
penalties as provided by law.
B. A licensee shall not require a borrower to purchase or
maintain property insurance for a motor vehicle used as security for a consumer
finance loan from or through a particular provider or list of providers.
C. If a licensee disburses loan proceeds by means of a
check, neither the licensee nor an affiliate or subsidiary of the licensee
shall charge the borrower a fee for cashing the check.
D. A licensee shall give a borrower a signed and dated
receipt for each cash payment made in person, which shall state the balance due
on the consumer finance loan.
E. A licensee shall not sell or otherwise assign a consumer
finance loan to any other person who is not also licensed under the Act. If a
consumer finance loan is sold or assigned to another licensee, the purchaser or
assignee shall be subject to the same obligations and limitations under the Act
and this chapter that were applicable to the licensee that sold or assigned the
loan.
F. Nothing in the Act or this chapter shall be construed
to prohibit a licensee from (i) voluntarily accepting a payment on an
outstanding consumer finance loan from a borrower after the date that such
payment was due to the licensee or (ii) considering a payment to be timely if
it is made more than 10 calendar days after its due date. However, except as
otherwise permitted by the Act and this chapter, the licensee shall not charge,
contract for, collect, receive, recover, or require a borrower to pay any
additional interest, fees, or other amounts.
G. A licensee shall comply with all federal laws and
regulations applicable to the conduct of its business, including the Truth in
Lending Act (15 USC § 1601 et seq.), Regulation Z (12 CFR Part 1026), the Equal
Credit Opportunity Act (15 USC § 1691 et seq.), Regulation B (12 CFR Part
1002), and the Standards for Safeguarding Customer Information (16 CFR Part
314).
H. A person shall remain subject to the provisions of the
Act and this chapter applicable to licensees in connection with all consumer
finance loans that the person made while licensed as a consumer finance company
notwithstanding the occurrence of any of the following events:
1. The person's license is surrendered, suspended, or
revoked; or
2. The person ceases making consumer finance loans.
I. A licensee shall not provide any information to a
borrower or prospective borrower that is false, misleading, or deceptive.
J. A licensee shall not engage in any business or activity
that directly or indirectly results in an evasion of the provisions of the Act
or this chapter.
K. Consumer finance loans made prior to January 1, 2021,
that remain outstanding on or after January 1, 2021, may be collected in
accordance with the preexisting terms of the loan contracts provided that such
terms were permitted by law when the loans were made.
10VAC5-60-25. Access partners.
A. A licensee shall not enter into or maintain a contract
with another person that requires or authorizes the person to provide any of
the services described in § 6.2-1523.1 A 4 of the Code of Virginia unless (i)
the person is an access partner, as defined in § 6.2-1500 of the Code of
Virginia; and (ii) pursuant to such definition, the person will be providing
the services from one or more physical locations in the Commonwealth.
B. A licensee's access partner shall comply with the
requirements and prohibitions set forth in § 6.2-1523.1 A 2 of the Code of
Virginia regardless of whether such provisions are specified in the access
partner's written agreement with the licensee.
C. A licensee shall provide the commissioner with the
following information in such form as the commissioner may require:
1. A list of the licensee's current access partners.
2. The physical addresses of all locations at which each
access partner is performing services for the licensee.
3. A description of the services that each access partner
is performing for the licensee.
4. The name, address, telephone number, and email address
of an employee of the access partner who will be the point of contact for the
bureau.
5. Such additional information relating to the licensee's
access partners as the commissioner may require.
D. Unless otherwise directed by the commissioner, the
information required by subsection C of this section shall be provided by
February 15, May 15, August 15, and November 15 of each year.
10VAC5-60-30. Allotment program loans; applicability;
definitions; rules Repayment of loans through payroll deductions.
A. This chapter applies to all licensees under Chapter 15
(§ 6.2-1500 et seq.) of Title 6.2 of the Code of Virginia making any loan
under Chapter 15 of Title 6.2 of the Code of Virginia in connection with which
loan a borrower authorizes an allotment and automatic disbursement from an
account for the purpose of making any payments required by the loan agreement.
Such a loan is referred to herein as an "allotment program loan."
This section governs when a borrower authorizes the borrower's employer to
deduct funds from the borrower's payroll (i.e., wages or other compensation for
services rendered) and remit such funds, directly or indirectly, to a licensee
for the purpose of repaying, in whole or in part, the borrower's consumer
finance loan.
B. As used in this chapter the following terms shall have
the following meanings:
"Allotment" means payment of any part of a
borrower's military pay to a financial institution as permitted under federal
law and regulations.
"Automatic disbursement" means payment, by a
financial institution to a licensee, of funds received pursuant to an
allotment.
"Borrower" means any person in the United States
military service obligated, directly or contingently, to repay a loan made by a
licensee.
"Licensee" has the meaning set forth in §
6.2-1500 of the Code of Virginia.
C.1. No A licensee may offer a borrower the option
of making payments on a consumer finance loan through deductions from the
borrower's payroll. However, a licensee shall not require any
allotment or automatic disbursement, a borrower to (i) repay a consumer
finance loan, in whole or in part, through one or more deductions from the
borrower's payroll or a borrower's execution of (ii) execute a
payroll deduction authorization or the Allotment Payroll Deduction
Disclosure Form appended to this chapter, prescribed in subsection G
of this section as a condition to making a loan under Chapter 15 (§
6.2-1500 et seq.) of Title 6.2 of the Code of Virginia the Act. For
purposes of this subsection, a payroll deduction authorization includes a loan
agreement or other document that contains a payroll deduction authorization.
2. A licensee making an allotment program loan C.
If a borrower voluntarily elects to repay a consumer finance loan, in whole or
in part, through payroll deductions, the licensee shall bear all costs and
expenses incident to the allotment and automatic disbursement arising
from or related to the establishment or administration of such deductions.
3. D. When making an allotment program loan
giving a borrower the option of making payments on a consumer finance loan
through payroll deductions, a licensee shall use furnish the
borrower with the Allotment Payroll Deduction Disclosure Form
appended to this chapter prescribed in subsection G of this section.
The form shall be a single document printed or typed without alteration on
one side of a paper in at least 12-point type separate from all
other papers or documents obtained by the licensee in type of size
not less than that known as 12 point. All blanks on the form, other
than those blanks to be filled in with the name of the licensee shall be filled
in by the borrower, and the filled-in form shall be signed and dated by
the borrower. The completed form shall be kept in the separate loan file maintained
with respect to the loan for the period specified in § 6.2-1533 of the Code of
Virginia.
4. E. No licensee making an allotment
program a loan that will be repaid, in whole or in part, through
payroll deductions shall withhold any part of the proceeds of the loan to
be applied to any payment required under the loan.
F. Automatic payroll deductions that are established and
administered in accordance with the provisions of this section are not subject
to § 6.2-1526 of the Code of Virginia.
Attachment: Allotment Disclosure Form
G. The required text of the Payroll Deduction Disclosure
Form shall be as follows:
ALLOTMENT PAYROLL DEDUCTION DISCLOSURE FORM
1. I, (APPLICANT'S NAME), intend to apply for an allotment
of my military pay authorize my employer to deduct funds from my (WEEKLY
/ BIWEEKLY / MONTHLY) paycheck in the amount of $(AMOUNT) per month to
an account in my name at (FINANCIAL INSTITUTION).
2. I also intend to authorize disbursement of funds from my
account at (FINANCIAL INSTITUTION) in the amount of $ (AMOUNT) per month
for the purpose of making monthly payments on my loan with (FINANCE (CONSUMER
FINANCE COMPANY). I understand that my employer will be sending this
amount to (CONSUMER FINANCE COMPANY) each payroll period.
3. 2. I am authorizing the allotment and
automatic disbursement payroll deductions voluntarily and solely for
my own convenience, and I acknowledge that (FINANCE (CONSUMER
FINANCE COMPANY) has not required me to authorize the allotment or
automatic disbursement payroll deductions, or to sign this form, as
a condition to making me a loan.
4. 3. I understand that I can cancel the allotment
and automatic disbursement payroll deductions at any time, and I
understand that I am not obligated to pay any fee or charge to any person or
company, directly or indirectly, for the allotment or automatic disbursement
payroll deductions.
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(Applicant's Signature) Applicant's Signature
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(Date) Date
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10VAC5-60-35. Advertising.
A. A licensee shall conspicuously disclose the following
information in its advertisements:
1. The name of the licensee as set forth in the license
issued by the commission.
2. A statement that the licensee is "licensed by the Virginia
State Corporation Commission."
3. The license number assigned by the commission to the
licensee (i.e., CFI-XXX).
B. A licensee shall not deliver or cause to be delivered
to a consumer any envelope or other written material that gives the false impression
that the mailing or written material is an official communication from a
governmental entity, unless required by the United States Postal Service.
C. Every advertisement used by, or published on behalf of,
a licensee shall comply with the disclosure requirements for advertisements
contained in Regulation Z (12 CFR Part 1026).
D. Every licensee shall retain for at least three years
after it is last published, delivered, transmitted, or made available, an
example of every advertisement used, including solicitation letters, print
media proofs, commercial scripts, and recordings of all radio and television
broadcasts, but excluding copies of internet web pages.
E. For purposes of this section, the term
"conspicuously" means that the required disclosures are prominently
located and readily noticeable by a potential borrower.
10VAC5-60-40. Rules governing open-end credit business in
licensed consumer finance offices. (Repealed.)
A. The business of extending open-end credit shall be
conducted by a separate legal entity, and not by the consumer finance licensee.
The separate, open-end credit entity ("separate entity") shall comply
with all applicable state and federal laws.
B. Separate books and records shall be maintained by the
licensee and the separate entity, and the books and records of the licensee
shall not be commingled with those of the separate entity, but shall be kept in
a different location within the office. The Bureau of Financial Institutions
shall be given access to the books and records of the separate entity, and
shall be furnished such information as it may require in order to assure
compliance with this section.
C. The expenses of the two entities will be accounted for
separately and so reported to the Bureau of Financial Institutions as of the
end of each calendar year.
D. Advertising or other information published by the
licensee or the separate entity shall not contain any false, misleading or
deceptive statement or representation concerning the rates, terms or conditions
for loans or credit made or extended by either of them. The separate entity
shall not make or cause to be made any misrepresentation as to its being a
licensed lender, or as to the extent to which it is subject to supervision or
regulation.
E. The licensee and the separate entity shall not make
both a consumer finance loan and an extension of open-end credit to the same
borrower or borrowers as part of the same transaction.
F. Except as authorized by the Commissioner of Financial
Institutions, or by order of the State Corporation Commission, insurance, other
than credit life insurance, credit accident and sickness insurance, credit
involuntary unemployment insurance, and noncredit-related life insurance sold
pursuant to 10VAC5-70-10 et seq. shall not be sold in licensed consumer finance
offices in connection with any extension of open-end credit by the separate
entity.
G. When the balance owed under an open-end credit
agreement is paid, finance charges will be assessed only to the date of
payment.
10VAC5-60-45. Conducting other business.
A. This section governs the conduct of any business other
than consumer finance lending where a licensed consumer finance lending
business is conducted. As used in this section, the term "other business
operator" refers to a licensed consumer finance company or third party,
including an affiliate or subsidiary of the licensed consumer finance company,
that conducts or wants to conduct other business from one or more consumer
finance offices.
1. This section shall not apply to any other business that
is transacted solely with persons residing outside of the Commonwealth.
2. If a licensee accepts loan applications, sends or
receives loan-related information or documents, disburses loan funds, or
accepts loan payments on or through the licensee's website or mobile
application, and any other products or services are or will be offered or sold
to Virginia residents on or through such website or mobile application, then
the offer or sale of such other products or services shall constitute the
conduct of other business and shall be subject to all of the provisions of this
section to the same extent as if such other business was conducted by an other
business operator from the licensee's consumer finance offices.
B. Notwithstanding any provision of this section or
authority obtained under § 6.2-1518 of the Code of Virginia or a predecessor
statute prior to January 1, 2021, a licensee shall not make consumer finance
loans at the same location at which the licensee, or any affiliate or
subsidiary of the licensee, conducts business under Chapter 18 (§ 6.2-1800 et
seq.) or Chapter 22 (§ 6.2-2200 et seq.) of Title 6.2 of the Code of Virginia.
However, if prior to January 1, 2021, a licensee obtained authority under §
6.2-1518 or a predecessor statute for the licensee or its affiliate or
subsidiary to make payday loans or motor vehicle title loans from the
licensee's consumer finance offices, then the licensee or its affiliate or
subsidiary may continue collecting payments on any outstanding payday loans or
motor vehicle title loans (i) in accordance with the preexisting terms of the
loan contracts provided that such terms were permitted by law when the loans
were made, and (ii) subject to the general conditions set forth in subsection F
of this section.
C. The sale of insurance or enrolling of borrowers under a
group insurance policy by a licensee shall not constitute other business for
purposes of § 6.2-1518 of the Code of Virginia or this section when such
insurance covers potential risks or losses associated with consumer finance
loans made by the licensee. This subsection shall be applicable only to (i)
credit life insurance, credit accident and sickness insurance, credit
involuntary unemployment insurance, non-filing insurance, and property insurance;
and (ii) other types of insurance that the commissioner determines meet the
condition prescribed in this subsection.
D. If prior to January 1, 2021, a licensee obtained
authority under § 6.2-1518 of the Code of Virginia or a predecessor statute for
an other business operator to conduct other business in its consumer finance
offices, then the following rules shall govern:
1. If the other business is identified in subsections G
through R of this section, then the other business shall be conducted in
accordance with (i) the general conditions set forth in subsection F of this
section and (ii) the specific conditions prescribed for such business in
subsections G through R of this section. These conditions shall supersede the
conditions that were prescribed by regulation or established by the
commissioner at the time the authority was obtained. Subject to the conditions
referenced in this subsection, the other business may be conducted in any or
all of the licensee's consumer finance offices.
2. If the other business is not identified in subsections G
through R of this section, then the other business shall be conducted in
accordance with (i) the general conditions set forth in subsection F of this
section and (ii) the most recent set of conditions that were established by the
commissioner. Subject to these conditions, the other business may be conducted
in any or all of the licensee's consumer finance offices.
E. Beginning January 1, 2021, if a licensee seeks to
conduct the business of making consumer finance loans from one or more of its
consumer finance offices in which an other business operator will conduct other
business, then the licensee shall give the commissioner written notice at least
30 days prior to the conduct of the other business, pay a fee of $300, and
provide the commissioner with any additional information pertaining to the
other business that the commissioner may require.
1. If the other business specified in the licensee's
written notice is identified in subsections G through R of this section, then
the other business shall be conducted in accordance with (i) the general
conditions set forth in subsection F of this section and (ii) the specific
conditions prescribed for such business in subsections G through R of this
section.
2. If the other business specified in the licensee's
written notice is not identified in subsections G through R of this section,
then the following rules shall govern:
a. The commissioner may, after providing notice to the
licensee and offering the licensee an opportunity to request a hearing before
the commission, prohibit or establish additional conditions for the conduct of
such other business in the licensee's consumer finance offices if the
commissioner finds that the other business is or would otherwise be (i) of such
a nature or conducted in such a manner as to conceal or facilitate a violation
or evasion of the provisions of the Act or this chapter; (ii) contrary to the
public interest; or (iii) conducted in an unlawful manner.
b. Unless the conduct of such other business is prohibited,
the other business shall be conducted in accordance with (i) the general
conditions set forth in subsection F of this section and (ii) any specific
conditions established by the commissioner pursuant to this subdivision.
3. Subject to the other provisions in this subsection and
except as otherwise provided in subdivision E 2 of this section, the other
business may be conducted in any or all of the licensee's consumer finance
offices beginning on the earlier of (i) 30 days after the licensee furnishes
the commissioner with the written notice, payment, and any additional
information required by the commissioner, or (ii) the date the commissioner
notifies the licensee that the other business may be conducted in the
licensee's offices.
F. All other businesses conducted from a licensee's
consumer finance offices shall be conducted in accordance with the following
conditions:
1. The licensee shall not make a consumer finance loan to a
borrower to enable the borrower to purchase or pay any amount owed in
connection with the (i) goods or services sold, or (ii) loans offered,
facilitated, or made, by the other business operator from the licensee's
consumer finance offices.
2. The other business operator shall comply with all
federal and state laws and regulations applicable to its other business,
including any applicable licensing or registration requirements.
3. The other business operator shall not use or cause to be
published any advertisement or other information that contains any false,
misleading, or deceptive statement or representation concerning its other
business, including the rates, terms, or conditions of the products, services,
or loans that it offers. The other business operator shall not make or cause to
be made any misrepresentation as to (i) its being licensed to conduct the other
business or (ii) the extent to which it is subject to supervision or
regulation.
4. The licensee shall not make a consumer finance loan or
vary the terms of a consumer finance loan on the condition or requirement that
a person also (i) purchase a good or service from, or (ii) obtain a loan from
or through, the other business operator. The other business operator shall not
(a) sell its goods or services, (b) offer, facilitate, or make loans, or (c)
vary the terms of its goods, services, or loans, on the condition or
requirement that a person also obtain a consumer finance loan from the
licensee.
5. The other business operator shall maintain books and
records for its other business separate and apart from the licensee's consumer
finance lending business and in a different location within the licensee's
consumer finance offices. The bureau shall be given access to all such books
and records and be furnished with any information and records that it may
require in order to determine compliance with all applicable conditions, laws,
and regulations.
G. The following additional conditions shall be applicable
to conducting open-end credit business from a licensee's consumer finance
offices, which, for purposes of this section, includes a line of credit
business, a revolving loan business, and the servicing of open-end loans, lines
of credit, and revolving loans:
1. The licensee shall not make a consumer finance loan to a
person if (i) the person has an outstanding open-end loan from the other
business operator or (ii) on the same day the person repaid or satisfied in
full an open-end loan from the other business operator.
2. The other business operator shall not make an open-end
loan to a person if (i) the person has an outstanding consumer finance loan
from the licensee or (ii) on the same day the person repaid or satisfied in
full a consumer finance loan from the licensee.
3. The licensee and other business operator shall not make
a consumer finance loan and an open-end loan contemporaneously or in response
to a single request for a loan or credit.
4. The licensee and other business operator shall provide
each applicant for a consumer finance loan or open-end loan with a separate
disclosure, signed by the applicant, that clearly identifies all of the loan
products available in the licensee's consumer finance offices along with the
corresponding Annual Percentage Rate, interest rate, and other costs associated
with each loan product. The disclosure shall also identify the collateral, if
any, that will be used to secure repayment of each loan product.
H. The following additional conditions shall be applicable
to conducting business under Chapter 18 (§ 6.2-1800 et seq.) of Title 6.2 of
the Code of Virginia from a licensee's consumer finance offices:
1. Pursuant to § 6.2-1507 A 4 of the Code of Virginia, the
other business shall be conducted by a person other than the licensee or an
affiliate or subsidiary of the licensee.
2. The licensee shall not make a consumer finance loan to a
person if (i) the person has an outstanding short-term loan from the other
business operator or (ii) on the same day the person repaid or satisfied in
full a short-term loan from the other business operator.
3. The other business operator shall not make a short-term
loan to a person if (i) the person has an outstanding consumer finance loan
from the licensee or (ii) on the same day the person repaid or satisfied in
full a consumer finance loan from the licensee.
4. The licensee and other business operator shall not make
a consumer finance loan and a short-term loan contemporaneously or in response
to a single request for a loan or credit.
5. The licensee and other business operator shall provide
each applicant for a consumer finance loan or short-term loan with a separate
disclosure, signed by the applicant, that clearly identifies all of the loan
products available in the licensee's consumer finance offices along with the
corresponding Annual Percentage Rate, interest rate, and other costs associated
with each loan product. The disclosure shall also identify the collateral, if
any, that will be used to secure repayment of each loan product.
I. The following additional conditions shall be applicable
to conducting business under Chapter 22 (§ 6.2-2200 et seq.) of Title 6.2 of
the Code of Virginia from a licensee's consumer finance offices:
1. Pursuant to § 6.2-1507 A 4 of the Code of Virginia, the
other business shall be conducted by a person other than the licensee or an
affiliate or subsidiary of the licensee.
2. The licensee shall not make a consumer finance loan to a
person if (i) the person has an outstanding motor vehicle title loan from the
other business operator or (ii) on the same day the person repaid or satisfied
in full a motor vehicle title loan from the other business operator.
3. The other business operator shall not make a motor
vehicle title loan to a person if (i) the person has an outstanding consumer
finance loan from the licensee or (ii) on the same day the person repaid or
satisfied in full a consumer finance loan from the licensee.
4. The licensee and other business operator shall not make
a consumer finance loan and a motor vehicle title loan contemporaneously or in
response to a single request for a loan or credit.
5. The licensee and other business operator shall provide
each applicant for a consumer finance loan or motor vehicle title loan with a
separate disclosure, signed by the applicant, that clearly identifies all of
the loan products available in the licensee's consumer finance offices along
with the corresponding Annual Percentage Rate, interest rate, and other costs
associated with each loan product. The disclosure shall also identify the
collateral, if any, that will be used to secure repayment of each loan product.
J. The following additional condition shall be applicable
to conducting a mortgage lender or mortgage broker business from a licensee's
consumer finance offices: the licensee and other business operator shall not
make a consumer finance loan and make or broker a mortgage loan
contemporaneously or in response to a single request for a loan or credit.
K. The following additional conditions shall be applicable
to conducting an auto club membership business from a licensee's consumer
finance offices:
1. A membership shall not be sold to any person who does
not own or lease an automobile, motorcycle, mobile home, truck, van, or other
vehicle operated on public highways and streets.
2. A renewal membership shall not be offered or sold more
than one month prior to the expiration of a current membership term.
3. A membership shall not be offered or sold for more than
a three-year term.
L. The following additional conditions shall be applicable
to conducting business as an authorized delegate or agent of a money order
seller or money transmitter from a licensee's consumer finance offices:
1. The other business operator shall be and remain a party
to a written agreement to act as an authorized delegate or agent of a person
licensed or exempt from licensing as a money order seller or money transmitter
under Chapter 19 (§ 6.2-1900 et seq.) of Title 6.2 of the Code of Virginia.
2. The other business operator shall not engage in money
order sales or money transmission services on its own behalf or on behalf of
any person other than a licensed or exempt money order seller or money
transmitter with whom it has a written agreement.
M. The following additional conditions shall be applicable
to conducting the business of (i) tax preparation or electronic tax filing
services, or (ii) facilitating third party tax preparation or electronic tax
filing services, from a licensee's consumer finance offices:
1. The other business operator shall not engage in the
business of (i) accepting funds for transmission to the Internal Revenue
Service or other government instrumentalities, or (ii) receiving tax refunds
for delivery to individuals, unless licensed or exempt from licensing under
Chapter 19 (§ 6.2-1900 et seq.) of Title 6.2 of the Code of Virginia.
2. The licensee shall not make a consumer finance loan that
is secured by an interest in a borrower's tax refund.
N. The following additional conditions shall be applicable
to conducting the business of facilitating or arranging tax refund anticipation
loans or tax refund payments from a licensee's consumer finance offices:
1. The other business operator shall not engage in the
business of receiving tax refunds or tax refund payments for delivery to
individuals unless licensed or exempt from licensing under Chapter 19 (§
6.2-1900 et seq.) of Title 6.2 of the Code of Virginia.
2. The other business operator shall not facilitate or
arrange a tax refund anticipation loan or tax refund payment to enable a person
to pay any amount owed to the licensee as a result of a consumer finance loan
transaction.
3. The other business operator and the licensee shall not
facilitate or arrange a tax refund anticipation loan or tax refund payment and
make a consumer finance loan contemporaneously or in response to a single
request for a loan or credit.
4. The licensee shall not make a consumer finance loan that
is secured by an interest in a borrower's tax refund.
5. The licensee and other business operator shall provide
each applicant for a consumer finance loan or tax refund anticipation loan with
a separate disclosure, signed by the applicant, that clearly identifies all of
the loan products available in the licensee's consumer finance offices along
with the corresponding Annual Percentage Rate, interest rate, and other costs
associated with each loan product. The disclosure shall also identify the
collateral, if any, that will be used to secure repayment of each loan product.
O. The following additional conditions shall be applicable
to conducting business as a check casher from a licensee's consumer finance
offices:
1. Pursuant to § 6.2-2107 of the Code of Virginia, the
check casher business shall be conducted by a person other than the licensee
unless the licensee would not be required to be registered under Chapter 21 (§
6.2-2100 et seq.) of Title 6.2 of the Code of Virginia.
2. The other business operator shall not charge a fee to
cash a check issued by the licensee or any other person operating in the
licensee's consumer finance offices.
P. The following additional condition shall be applicable
to conducting the business of operating an automated teller machine from a
licensee's consumer finance offices: the other business operator shall not
charge a fee or receive other compensation in connection with the use of its
automated teller machine by a person when the person is withdrawing funds in
order to make a payment on a loan that was made by the licensee or any other
lender conducting business from the licensee's consumer finance offices.
Q. The following additional condition shall be applicable
to conducting the business of selling noncredit-related life insurance from a
licensee's consumer finance offices: the licensee and other business operator
shall comply with 10VAC5-70, Sale of Noncredit-Related Life Insurance in
Consumer Finance Offices.
R. The conduct of the following businesses from a
licensee's consumer finance offices shall have no conditions other than the
conditions prescribed in subsection F of this section:
1. Mortgage servicing business.
2. Sales finance business.
S. Notwithstanding any other provision of this section,
the commissioner may, after providing notice to affected licensees and offering
them an opportunity to request a hearing before the commission, establish
additional conditions for the conduct of any other business in consumer finance
offices if the commissioner finds that the other business is or would otherwise
be (i) of such a nature or conducted in such a manner as to conceal or
facilitate a violation or evasion of the provisions of the Act or this chapter;
(ii) contrary to the public interest; or (iii) conducted in an unlawful manner.
T. Failure by a licensee or other business operator to
comply with any provision of this section or any condition established by the
commissioner, or failure by a licensee to comply with the Act or this chapter,
may result in revocation of the authority to conduct other business or any form
of enforcement action specified in 10VAC5-60-65.
10VAC5-60-50. Rules governing real estate mortgage business
in licensed consumer finance offices. (Repealed.)
A. The business of making or purchasing loans secured by
liens on real estate shall be conducted by a separate legal entity, and not by
the consumer finance licensee. This separate, mortgage entity ("separate
entity") shall comply with all applicable state and federal laws.
B. Separate books and records shall be maintained by the
consumer finance licensee and the separate entity, and the books and records of
the consumer finance licensee shall not be commingled with those of the
separate entity, but shall be kept in a different location within the office.
The Bureau of Financial Institutions shall be given access to the books and
records of the separate entity, and shall be furnished such information as it
may require in order to assure compliance with this section.
C. The expenses of the two entities shall be accounted for
separately and so reported to the Bureau of Financial Institutions as of the
end of each calendar year.
D. Advertising or other information published by the
consumer finance licensee or the separate entity shall not contain any false,
misleading or deceptive statement or representation concerning the rates, terms
or conditions for loans made by either of them. The separate entity shall not
make or cause to be made any misrepresentation as to its being a licensed
lender, or as to the extent to which it is subject to supervision or
regulation.
E. The consumer finance licensee and the separate entity
shall not make both a consumer finance loan and a real estate mortgage loan to
the same borrower or borrowers as part of the same transaction.
F. Any compensation paid by the separate entity to any
other party for the referral of loans, pursuant to an agreement or
understanding between the separate entity and such other party, shall be an
expense borne entirely by the separate entity. Such expense shall not be
charged directly or indirectly to the borrower.
G. Except as authorized by the Commissioner of Financial
Institutions, or by order of the State Corporation Commission, insurance, other
than credit life insurance, credit accident and sickness insurance, credit
involuntary unemployment insurance, and noncredit-related life insurance sold
pursuant to 10VAC5-70-10 et seq. shall not be sold in licensed consumer finance
offices in connection with any mortgage loan made or purchased by the separate
entity.
H. No interest in collateral other than real estate shall
be taken in connection with any real estate mortgage loan made or purchased by
the separate entity.
10VAC5-60-55. Books, accounts, and records; responding to
requests from the bureau; providing false, misleading, or deceptive
information.
A. A licensee shall maintain in its approved offices such
books, accounts, and records as the bureau may reasonably require in order to
determine whether the licensee is complying with the Act and this chapter. Such
books, accounts, and records shall be maintained (i) for at least three years
after a consumer finance loan is satisfied or paid in full or a consumer
finance loan application is denied; and (ii) separate and apart from those
relating to any other business conducted in the approved offices.
B. A licensee may maintain records electronically provided
that (i) the records are readily available for examination by the bureau and
(ii) the licensee complies with the Uniform Electronic Transactions Act (§
59.1-479 et seq. of the Code of Virginia) and the Electronic Signatures in
Global and National Commerce Act (15 USC § 7001 et seq.).
C. If a licensee disposes of records containing a
consumer's personal financial information following the expiration of any
applicable record retention periods, such records shall be shredded,
incinerated, or otherwise disposed of in a secure manner. Licensees may arrange
for service from a business record destruction vendor.
D. When the bureau requests a written response, books,
records, documentation, or other information from a licensee in connection with
the bureau's investigation, enforcement, or examination of compliance with
applicable laws, the licensee shall deliver a written response as well as any
requested books, records, documentation, or information within the time period
specified in the bureau's request. If no time period is specified, a written
response as well as any requested books, records, documentation, or information
shall be delivered by the licensee to the bureau not later than 30 days from
the date of such request. In determining the specified time period for
responding to the bureau and when considering a request for an extension of
time to respond, the bureau shall take into consideration the volume and
complexity of the requested written response, books, records, documentation, or
information, and such other factors as the bureau determines to be relevant
under the circumstances. Requests made by the bureau pursuant to this
subsection are deemed to be in furtherance of the investigation and examination
authority provided for in §§ 6.2-1530 and 6.2-1531 of the Code of Virginia.
E. A licensee shall not provide any false, misleading, or
deceptive information to the bureau.
10VAC5-60-60. Schedule prescribing annual fees paid for
examination, supervision, and regulation of consumer finance licenses companies.
Pursuant to § 6.2-1532 of the Code of Virginia, the following
schedule sets the fees to be paid annually by consumer finance licensees
for their licenses, and to defray the costs of examination, supervision,
and regulation of licensed consumer finance offices licensees by the
bureau:
Minimum fee - $300 per office open January 1 of the current
calendar year.
In addition to the minimum fee, the following fee based on
total assets:
SCHEDULE
|
Total Assets
|
Fee
|
Over $300,000 - $750,000
|
$.85 per $1,000 or fraction thereof
|
$750,000 - $2,000,000
|
$.70 per $1,000 or fraction thereof
|
Over $2,000,000
|
$.55 per $1,000 or fraction thereof
|
The annual fee for each licensee will be computed on the
basis of its total assets combined with the total assets of all other
businesses conducted its affiliates conducting business in any of
its licensed authorized offices as of the close of business
December 31 of the preceding calendar year. The amounts of such total assets
will be derived from the annual reports which that § 6.2-1534 of
the Code of Virginia requires licensees to file with the Bureau of Financial
Institutions bureau on or before the first day of April of each
year.
In accordance with § 6.2-1532 of the Code of Virginia, annual
fees for any given calendar year will be assessed on or before May 1 of that
year and must be paid on or before June 1 of that year. Fees are to be
assessed using the foregoing schedule for the calendar year which began January
1, 1983. This fee schedule will be in effect until it is amended or revoked by
order of the Commission.
10VAC5-60-65. Enforcement; civil penalties.
A. Failure to comply with any provision of the Act or this
chapter may result in civil penalties, license suspension, license revocation,
or other appropriate enforcement action.
B. Pursuant to § 6.2-1543 of the Code of Virginia, a
licensee shall be subject to a separate civil penalty of up to $10,000 for
every violation of the Act, this chapter, or a commission order that occurred
knowingly or without the exercise of due care to prevent the violation. If a
licensee violates a provision of the Act, this chapter, or a commission order
in connection with multiple loans or borrowers, the licensee shall be subject
to a separate civil penalty per violation for each loan or borrower.
10VAC5-60-70. Commission authority.
The commission may, at its discretion, waive or grant
exceptions to any provision of this chapter for good cause shown.
VA.R. Doc. No. R21-6008; Filed September 21, 2020, 4:04 p.m.
TITLE 11. GAMING
VIRGINIA LOTTERY BOARD
Final Regulation
REGISTRAR'S NOTICE: The
Virginia Lottery Board is claiming an exemption from the Administrative Process
Act in accordance with the second enactment of Chapters 1218 and 1256 of the
2020 Acts of Assembly, which exempts the actions of the board relating to the
initial adoption of regulations implementing the provisions of the acts;
however, the board is required to provide an opportunity for public comment on
the regulations prior to adoption.
Titles of Regulations: 11VAC5-60. Self-Exclusion
Program (adding 11VAC5-60-10 through 11VAC5-60-60).
11VAC5-70. Sports Betting (adding 11VAC5-70-10 through 11VAC5-70-310).
11VAC5-80. Sports Betting Consumer Protection Program (adding 11VAC5-80-10 through 11VAC5-80-160).
Statutory Authority: §§ 58.1-4007, 58.1-4015.1, and
58.1-4030 through 58.1-4047 of the Code of Virginia.
Effective Date: October 12, 2020.
Agency Contact: Amy Dilworth, General Counsel, Virginia
Lottery, 600 East Main Street, 22nd Floor, Richmond, VA 23219, telephone (804)
664-0717, or email adilworth@valottery.com.
Summary:
The regulatory action creates three new chapters, 11VAC5-60
(Self-Exclusion Program), 11VAC5-70 (Sports Betting), and 11VAC5-80 (Sports
Betting Consumer Protection Program), to establish a sports betting regulatory
program administered by the Virginia Lottery pursuant to Chapters 1218 and 1256
of the 2020 Acts of Assembly. The regulations (i) implement a self-exclusion
program for individuals who voluntarily agree to refrain from playing
account-based lottery games, participating in sports betting, and participating
in gaming activities administered by the Office of Charitable and Regulatory
Programs and the Virginia Racing Commission; (ii) contain the requirements for
sports betting platform operators and their principals, suppliers, vendors, and
employees, including the permit application and vetting process, operational
standards and oversight, and enforcement procedures; and (iii) outline the
consumer protection measures required of sports betting platform operators.
CHAPTER 60
SELF-EXCLUSION PROGRAM
11VAC5-60-10. Definitions.
The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise.
"Department" or "Virginia Lottery"
means the Virginia Lottery Department, the independent department that pursuant
to § 58.1-4031 of the Code of Virginia is responsible for the operation of the
Commonwealth's sports betting program set forth in Articles 1 (§ 58.1-4000 et
seq.) and 2 (§ 58.1-4030 et seq.) of Chapter 40 of Title 58.1 of the Code
of Virginia.
"Self-excluded individual" means any individual
whose name is included, at the individual's own request, on the self-exclusion
list maintained by the department.
"Self-exclusion list" means a list maintained by
the department of names of individuals who, pursuant to this chapter, have
voluntarily agreed to refrain from (i) playing any account based lottery game
authorized under the provisions of the Virginia Lottery Law; (ii) participating
in sports betting, as defined in § 58.1-4030 of the Code of Virginia; and (iii)
participating in gaming activities administered by the Office of Charitable and
Regulatory Programs or the Virginia Racing Commission. Self-excluded individuals
whose names are on the self-exclusion list are prohibited from collecting any
winnings or recovering any losses resulting from violation of the restrictions
to which such individuals have agreed.
"Targeted mailing" means an advertisement or promotional
offer directed to an individual on the basis of specific criteria, such as
being a member or former member of a casino rewards club, a former sports
betting participant, or a participant in social games. "Targeted
mailing" does not include mass mailings made to an entire area or zip code
nor does it include an advertisement that arrives in a packet of five or more
non-gaming advertisements if such packet of advertisements is addressed to
"resident," "occupant," or some similar wording and not to
a specific individual. "Targeted mailing" further does not include
any internet "pop-up" advertisement that appears on an individual's
computer or mobile device on the basis of the individual's internet protocol
address.
"Thing of value" means anything of value that
may be used to engage in lottery or sports betting activity, including cash and
other forms of payment permissible under Chapter 40 (§ 58.1-4000 et seq.)
of Title 58.1 of the Code of Virginia as well as free play offers and
incentives.
"Winnings" means the aggregate total of proceeds
from each individual winning lottery ticket or sports wager and shall not be
reduced by any individual losses resulting from such activities.
11VAC5-60-20. Request for self-exclusion.
A. An individual may have his name placed on the
self-exclusion list by submitting a request in the form and manner required by
this section.
B. An individual requesting placement on the
self-exclusion list shall submit a completed request for self-exclusion over
the internet as required by this chapter. If an individual requests to be
placed on the self-exclusion for life list, such request shall be made in
person at department headquarters or any other location specified by the
department.
C. An individual requesting placement on the self-exclusion
for life list shall submit, in person, a completed request for self-exclusion
as required by this chapter. The request shall be delivered to department
headquarters or any other location specified by the department. Any individual
submitting a self-exclusion for life request shall be required to present valid
identification credentials containing the individual's signature and either a
photograph or a general physical description.
D. A request for self-exclusion shall be in a form
prescribed by the department that shall include:
1. The following identifying information concerning the
individual submitting the request:
a. Name, including any aliases or nicknames;
b. Date of birth;
c. Street and mailing address of current residence;
d. Telephone number; and
e. Social Security Number, which information is voluntarily
provided in accordance with § 7 of the Privacy Act (5 USC § 552a);
2. The length of self-exclusion requested by the
individual:
a. Two years;
b. Five years; or
c. Lifetime;
3. An acknowledgment that individuals on the self-exclusion
list shall be prohibited from participating in any form of legalized gaming in
the Commonwealth and are prohibited from collecting any winnings or recovering
any losses resulting from violation of the restrictions to which such
individuals have agreed;
4. An acknowledgment that the department shall coordinate
the administration of the self-exclusion program with the Office of Charitable
and Regulatory Programs and the Virginia Racing Commission pursuant to procedures
developed by the department;
5. An acknowledgment that the department will share the
self-exclusion list with operators of legal gambling in the Commonwealth and
that such operators, pursuant to their own policies, may extend the exclusion
of the individual to offerings at the operators' locations outside the borders
of the Commonwealth;
6. An acknowledgment that the individual requesting
self-exclusion shall notify the department within seven days if the
individual's address or other contact information changes; and
7. A waiver and release that shall release and forever
discharge the Commonwealth of Virginia, the department, the department's
employees and agents, all holders of permits to operate a sports betting
platform and their employees and agents, the Office of Charitable and
Regulatory Programs, and the Virginia Racing Commission and their employees and
agents from any liability to the individual requesting self-exclusion, as
applicable, and the individual's heirs, administrators, executors, and assigns
for any harm, monetary or otherwise, that may arise out of or by reason of any
act or omission relating to the request for self-exclusion or request for
removal from the self-exclusion list, including:
a. The processing or enforcement of the request for
self-exclusion or request for removal from the self-exclusion list;
b. The failure to withhold gaming privileges from or
restore gaming privileges to a self-excluded individual;
c. Permitting a self-excluded individual to engage in
gaming activity while on the list of self-excluded individuals; and
d. Disclosure of the information contained in the
self-exclusion list, except for a willfully unlawful disclosure of such
information.
E. For self-exclusion submissions for a stated period of
time:
1. A sports betting permit holder shall provide a link
directly to the department's self-exclusion application form.
2. The department's online self-exclusion form shall
provide to the self-excluding individual for the individual's acknowledgment
the following statement:
"I am voluntarily requesting exclusion from all
Virginia sports betting and account based lottery. I also understand that the
department will share my information with the Office of Charitable and
Regulatory Programs, the Virginia Racing Commission, and all sports betting
permit holders, any of whom may prohibit me from participating in further
gaming activities regulated or provided by those entities, including
out-of-state sports betting sites in accordance with the policies of that
sports betting permit holder. I agree to notify the department within seven
days if my contact information changes. I certify that the information I have
provided is true and accurate, and that I have read and understand and agree to
the waiver and release included with this request for self-exclusion. I am
aware that my digital signature authorizes the department to prohibit me from
participating in all account-based lottery games and to direct all holders of
sports betting permits in Virginia to restrict my gaming activities. I am
further aware that my digital signature authorizes the department to share my
information with the Office of Charitable and Regulatory Programs and the
Virginia Racing Commission, who may further restrict my gaming activities. In
accordance with this request and until such time as the department removes my
name from the self-exclusion list under the terms of my request for voluntary
self-exclusion, I am aware and agree that during any period of self-exclusion
any money obtained by me in violation of the terms of my self-exclusion shall
be subject to forfeiture and donated to the Commonwealth's Problem Gambling
Treatment and Support Fund."
F. For lifetime self-exclusion submissions:
1. The signature of the individual submitting the request
shall acknowledge the following statement:
"I am voluntarily requesting exclusion from all
Virginia sports betting and account based lottery. In addition, I understand
that my information will be shared with the Office of Charitable and Regulatory
Programs, the Virginia Racing Commission, and all sports betting permit
holders, any of whom may prohibit me from participating in further gaming
activities regulated or provided by those entities, including out-of-state
sports betting sites in accordance with the policies of that sports betting
permit holder. I agree to notify the department within seven days if my contact
information changes. I certify that the information I have provided is true and
accurate, and that I have read and understand and agree to the waiver and
release included with this request for self-exclusion. I am aware that my
signature authorizes the department to prohibit me from participating in all
account-based lottery games and to direct all holders of sports betting permits
in Virginia to restrict my gaming activities. I am further aware that my
signature authorizes the department to share my information with the Office of
Charitable and Regulatory Programs and the Virginia Racing Commission, who may
further restrict my gaming activities. In accordance with this request I am
aware and agree that any money obtained by me in violation of the terms of my
self-exclusion shall be subject to forfeiture and donated to the Commonwealth's
Problem Gambling Treatment and Support Fund."
2. The department shall document the type of identification
credentials that were examined containing the signature of the individual
requesting lifetime self-exclusion.
3. A department employee authorized to accept a
self-exclusion request shall sign the application form and confirm that the
signature of the individual on the request for lifetime self-exclusion appears
to agree with that contained on his identification credentials.
4 The department shall confirm the individual's request to
be placed on the lifetime self-exclusion list.
11VAC5-60-30. Self-exclusion list.
A. The department shall maintain the official
self-exclusion list and shall transmit notification of any addition to or
deletion from the list to:
1. Each sports betting permit holder;
2. The Office of Charitable and Regulatory Programs; and
3. The Virginia Racing Commission.
B. Each party noted in subsection A of this section shall
maintain its own copy of the self-exclusion list and shall establish procedures
to ensure that its copy of the list is kept up to date. All appropriate
employees and agents of the parties noted in subsection A of this section who
are notified of any addition to or deletion from the self-exclusion list shall
update their lists accordingly. Changes to the list shall be made by each party
noted in subsection A of this section within seven days after the day the
notice is transmitted and any remaining balance in the individual's gaming
account shall be refunded pursuant to internal control standards approved by
the department and the department's regulations. The notice provided by the
department shall include the following information concerning any individual
whose name is added to the list:
1. Name, including any aliases or nicknames;
2. Date of birth;
3. Street and mailing address of current residence;
4. Telephone number; and
5. Social Security number if voluntarily provided by the
individual requesting self-exclusion.
C. Information furnished to or obtained by the department
pursuant to this chapter shall be deemed confidential and not be disclosed
except in accordance with this chapter. The voluntary self-exclusion list and
the personal information of participants in the voluntary self-exclusion
program shall not be subject to disclosure under the Virginia Freedom of
Information Act (§ 2.2-3700 et seq. of the Code of Virginia).
D. Except as provided in this subsection, no employee or
agent of the department or any of the parties included in subsection A of this
section shall disclose the name of or any information about any excluded
individual to anyone other than employees and agents whose duties and functions
require access to such information.
1. Any sports betting permit holder may disclose the name
of and information about a self-excluded individual to appropriate employees of
other sports betting permit holders in Virginia for the purpose of alerting the
employees that a self-excluded individual has tried to gamble or obtain gaming
related privileges or benefits from the sports betting permit holder. In
addition, the permit holder may share the name of and information about
self-excluded individuals across the permit holder's corporate enterprise,
including sharing such information with any of its affiliates.
2. It shall be permissible for a sports betting permit
holder, or an employee or agent thereof, to disclose the names of individuals
on the self-exclusion list to a third party that is registered or licensed by
the department pursuant to 11VAC5-70 for the purpose of allowing the third
party to remove the names of such individuals from a targeted mailing or other
advertising or promotion to be made on behalf of the sports betting permit
holder. The company to whom such self-exclusion list is disclosed shall be
prohibited from distributing or disclosing the list to the public or to any
other party and shall be required to establish procedures approved by the
department to ensure the self-exclusion list is not disclosed.
3. A licensed or registered company that obtains the
self-exclusion list from a sports betting permit holder shall be permitted to
use the list solely to exclude names or addresses from a marketing campaign on
behalf of the sports betting permit holder. Such company may not use the
self-exclusion list for any other type of marketing or for any other purpose
whatsoever.
11VAC5-60-40. Duties of sports betting permit holder.
A. A sports betting permit holder shall establish procedures
that are designed, to the greatest extent practicable, to:
1. Prevent an individual on the self-exclusion list from
opening a new sports betting account;
2. Identify and suspend any sports betting accounts of an
individual on the self-exclusion list;
3. Refund any remaining balance to an individual on the
self-exclusion list consistent with the department's regulations and the permit
holder's internal control standards as approved by the department;
4. Ensure that self-excluded individuals do not receive,
either from the permit holder or any agent thereof, targeted mailings,
telemarketing promotions, player club materials, or other targeted promotional
materials relating to sports betting; and
5. Enforce the provisions of this chapter.
B. Upon notification that an individual has been added to
or deleted from the self-exclusion list, each sports betting permit holder
shall comply with all relevant provisions of 11VAC5-60-50.
C. Each sports betting permit holder shall maintain on
file a current copy of the permit holder's internal control standards
procedures established pursuant to 11VAC5-60-60 and 11VAC5-70.
11VAC5-60-50. Removal from self-exclusion list.
A. Upon expiration of the period of self-exclusion
requested pursuant to 11VAC5-60-20, the department shall remove the
individual's name from the self-exclusion list and notify each sports betting
permit holder, the Office of Charitable and Regulatory Programs, and the
Virginia Racing Commission of the removal.
B. Within seven days of receipt of notice from the
department, the parties notified in subsection A of this section shall delete
the name of the individual from the parties' self-exclusion lists.
11VAC5-60-60. Forfeiture of winnings by self-excluded
individual.
A. If a sports betting permit holder detects or is
notified of the presence of a sports bettor suspected of being a self-excluded
individual who has engaged in or is engaging in gaming activity, the permit
holder shall take reasonable measures to verify that the sports bettor is a self-excluded
individual and the evidence of the individual's exclusion.
B. Upon verification of the individual's self-excluded
status, the sports betting permit holder shall:
1. Immediately prohibit access to the individual's sports
betting account, return the balance accrued prior to the exclusion request, and
seize any winnings that accrue after the exclusion request; and
2. Issue a Payout Receipt and Notice of Forfeiture to the
excluded player via electronic or regular mail, containing the following:
a. The total value and a detailed description of winnings
that were seized;
b. The date of the incident;
c. The name of the self-excluded individual, if known, and
basis for determining the individual is a self-excluded individual;
d. The street and mailing address of the self-excluded
individual, if known, at which the individual may be notified regarding any
future proceedings;
e. The date of the internet or mobile wagering session
during which the self-excluded individual was engaged in a gaming transaction; and
f. Notice to the self-excluded individual that the
department shall be seeking forfeiture of the winnings seized, that the
individual has the right to be heard about the forfeiture, and that failure to
respond to a forfeiture notice from the department shall be deemed a waiver of
the right to be heard.
C. The original Payout Receipt and Notice of Forfeiture
prepared and signed as required in subsection B of this section shall be
maintained on file by the sports betting permit holder. Copies of the document
shall be provided to the self-excluded individual and filed with the
department, which filing may be made electronically.
D. All funds identified by a permit holder as subject to
forfeiture shall be maintained separately and held by the sports betting permit
holder until further order of the department or upon notice from the department
that the funds may be released.
E. Pursuant to the self-excluded individual's request
submitted under 11VAC5-60-20, any winnings seized from a self-excluded
individual shall be subject to forfeiture, following notice to the
self-excluded individual and an opportunity to be heard. A failure to respond
to a forfeiture notice shall result in the waiver of the right to be heard.
F. The internal control standards of a sports betting
permit holder shall contain procedures for processing any winnings seized from
a self-excluded individual as if the winnings were paid and reported in
accordance with normal procedures applicable to such payouts. Such procedures
shall include, however, such modification to forms or additional documentation
as necessary to record and report the payout as a payout withheld from a
self-excluded individual. This documentation shall be compared by the sports
betting permit holder's accounting department at the end of the gaming day to
the copy of the Payout Receipt and Notice of Forfeiture. Any winnings withheld
from a self-excluded individual that are paid and reported in accordance with
the normal procedures applicable to such payouts, as modified in this section,
shall be deducted in the calculation of gross revenue as if the winnings were
actually paid to the self-excluded individual.
G. The department may initiate forfeiture of a
self-excluded individual's winnings by sending notice to the self-excluded
individual via personal service or regular mail sent to the address provided by
the individual. Notice shall include a description of the winnings subject to
forfeiture and the self-excluded individual's right to a hearing.
H. If the self-excluded individual wishes to contest the
forfeiture, the individual shall submit a written request for a hearing within
15 days of the date of the notice of the forfeiture. If no response is filed by
the self-excluded individual within 15 days of the date of the notice of the
forfeiture, the winnings shall be deemed forfeited and transmitted to the
Commonwealth's Problem Gambling Treatment and Support Fund. The decision of the
board shall be final and may not be appealed.
CHAPTER 70
SPORTS BETTING
11VAC5-70-10. Definitions.
The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise:
"ACH" means Automated Clearing House, which is a
network that connects all banking and financial institutions within the United
States.
"Adjusted gross revenue" means gross revenue
minus:
1. All cash or the cash value of merchandise paid out as
winnings to players, and the value of all bonuses or promotions provided to
players as an incentive to place or as a result of their having placed wagers,
2. Uncollectible gaming receivables, which shall not exceed
2.0% or a different percentage as otherwise determined by the board pursuant to
subsection F of § 58.1-4007 of the Code of Virginia, of gross revenue minus
all cash paid out as winnings to players;
3. If the permit holder is a significant infrastructure
limited licensee, as defined in § 59.1-365 of the Code of Virginia, any funds
paid into the horsemen's purse account pursuant to the provisions of subdivision
14 of § 59.1-369 of the Code of Virginia; and
4. All excise taxes on sports betting paid pursuant to
federal law.
"Administrative Process Act" means Chapter 40 (§
2.2-4000 et seq.) of Title 2.2 of the Code of Virginia.
"Affiliate" means a person that directly or
indirectly through one or more intermediaries owns, controls, is controlled by,
or is under common ownership or control with the other person.
"Affiliated marketer" means a person that is
involved in promoting, marketing, and directing business to online gaming sites
and has an agreement with a permit holder to be compensated based on the number
of registrations, the number of depositing registrations, or a percentage of
adjusted gross receipts.
"AML" means anti-money laundering.
"Annual permit application period" means the
period occurring annually when the department will accept sports betting permit
applications.
"Applicant" means a person who applies for a
sports betting permit, license, or registration.
"Application" means the forms, information, and
documents submitted electronically to the Virginia Lottery to seek a permit,
license, or registration.
"Board" means the Virginia Lottery Board
established by the Virginia Lottery Law.
"Canceled wager" means a wager that has been
canceled due to an event or circumstance that prevents the wager's completion.
"Cheating" means behavior that includes
improving the chances of winning or of altering the outcome of a wager, sports
betting platform, or sporting event by (i) deception, interference, or manipulation;
(ii) use of inside or nonpublic information; or (iii) through use of any
equipment, including software pertaining to or used in relation to the
equipment used for or in connection with a wager, sports betting platform, or
the sporting event on which wagers are placed or are invited.
"Cheating" includes attempts and conspiracy to cheat and colluding
with other bettors.
"College sports" means an athletic event (i) in
which at least one participant is a team from a public or private institution of
higher education, regardless of where such institution is located and (ii) that
does not include a team from a Virginia public or private institution of higher
education.
"Covered persons" means athletes; umpires,
referees, and officials; personnel associated with clubs, teams, leagues, and
athletic associations; medical professionals and athletic trainers who provide
services to athletes; and the immediate family members and associates of such
persons.
"Date of final action on a denial" means:
1. If, after the director sends written notice of permit,
license, or registration denial or recommendation of denial, an applicant fails
to timely request a reconsideration meeting, the date of the director's written
notice;
2. If, after a reconsideration meeting, an applicant fails
to timely request a board hearing, the date of the director's written notice
after the reconsideration meeting; or
3. If the board holds a hearing on an appeal of the
director's permit, license, or registration denial or reconsideration of such a
denial, the date of the board's written decision.
"Date of final action on a sanction" means:
1. If, after the director sends a deficiency notice under
the Virginia Lottery's regulations, a permit holder, licensee, or registrant
fails to submit a timely, acceptable corrective action plan, the date the board
adopts as final the director's deficiency notice; or
2. If the board holds a hearing on the director's
recommendation to impose a sanction, the date of the board's written decision.
"Department" or "Virginia Lottery"
means the Virginia Lottery Department, the independent department that pursuant
to § 58.1-4031 of the Code of Virginia is responsible for the operation of the
Commonwealth's sports betting program set forth in Articles 1 (§ 58.1-4000 et
seq.) and 2 (§ 58.1-4030 et seq.) of Chapter 40 of Title 58.1 of the Code
of Virginia.
"Director" means the Executive Director of the
Virginia Lottery or the director's designee.
"Global risk management" means management,
consultation, instruction, or transmission of information relating to sports
betting by a permit holder or sports betting platform supplier that also holds
a license to conduct sports betting in another permissible jurisdiction. The
term includes the management of risks associated with sports betting involving
a sporting event for which a wager may be accepted; the setting or changing of
bets or wagers; cutoff times for bets or wagers; acceptance or rejection of
bets or wagers; pooling or laying off of bets or wagers, lines, point spreads,
odds, or other activity relating to betting or wagering.
"Gross revenue" means the total of all cash,
property, or any other form of remuneration, whether collected or not, received
by a permit holder from its sports betting operations.
"Individual" means a human being and not a
corporation, company, partnership, association, trust, or other entity.
"Initial permit application period" means the
period during which initial sports betting permit applications may be submitted
to the department. The initial application period begins October 15, 2020, and
ends October 31, 2020, at 11:59:59 p.m.
"Integrity monitoring system" means a system of
policies and procedures approved by the board through which a permit holder
receives and sends reports from other permit holders to assist in identifying
unusual or suspicious wagering activity.
"Internal control standards" mean the internal
procedures, administration, and accounting controls designed by the permit
holder to conduct sports betting operations.
"License" means the authority granted by the
director to a person to perform the functions and responsibilities of a
principal, sports betting supplier, or sports betting employee.
"Licensee" means a person that holds a license,
including a temporary license.
"Minor" means an individual who is younger than
21 years of age.
"Mobile application" means any interactive
platform for use through the internet, a mobile device, or a computer that has
been approved by the Virginia Lottery Board for operation of sports betting by
a permit holder.
"Multi-source authentication" means a strong
procedure that requires more than one method to verify a player's identity
through a combination of two or more independent credentials, such as
information known only to the player, for example, a password, pattern, or
answers to challenge questions, and a player's personal biometric data, such as
fingerprints, facial recognition, or voice recognition, to the extent the
verification method does not violate any privacy laws.
"Permissible jurisdiction" means any
jurisdiction in which global risk management or the betting or wagering on a sporting
event is lawful or not otherwise expressly prohibited under the laws of that
jurisdiction.
"Permit" or "sports betting permit"
means written authorization given by the director following an application and
investigation process that allows a person to legally operate a sports betting
platform in the Commonwealth of Virginia.
"Permit holder" means a person that has been
issued a permit by the director to operate a sports betting platform.
"Person" means any individual, corporation,
partnership, association, cooperative, limited liability company, trust, joint
venture, government, political subdivision, or any other legal or commercial
entity and any successor, representative, agent, agency or instrumentality
thereof.
"Personal biometric data" means any information
about an individual that is derived from that individual's DNA, heart rate,
blood pressure, perspiration rate, internal or external body temperature,
hormone levels, glucose levels, hydration levels, vitamin levels, bone density,
muscle density, or sleep patterns, or other information as may be prescribed by
the board by regulation.
"Player" or "sports bettor" means an
individual physically located in the Commonwealth of Virginia who participates
in sports betting.
"Principal" means an individual who, solely or
together with the individual's immediate family members, (i) owns or controls, directly
or indirectly, 5.0% or more of the pecuniary interest in any entity that is a
permit holder or (ii) has the power to vote or cause the vote of 5.0% or more
of the voting securities or other ownership interests of such entity.
"Principal" includes an individual who is employed in a managerial
capacity for a sports betting platform on behalf of a permit holder, and, for
purposes of this definition, "employed in a managerial capacity"
means the chief executive officer of the permit holder; if applicable, its
sports betting platform supplier; and any individual who has ultimate
responsibility for the operation of the sports betting platform in Virginia.
"Professional sports" means an athletic event
involving at least two human competitors who receive compensation in excess of
their expenses for participating in such event. "Professional sports"
does not include charitable gaming, as defined in § 18.2-340.16 of the Code of
Virginia; fantasy contests, as defined in § 59.1-556 of the Code of Virginia;
or horse racing, as defined in § 59.1-365 of the Code of Virginia.
"Prohibited conduct" means any statement,
action, or other communication intended to influence, manipulate, or control a
betting outcome of a sports event or of any individual occurrence or performance
in a sports event in exchange for financial gain or to avoid financial or
physical harm. "Prohibited conduct" includes statements, actions, and
communications made to a covered person by a third party. "Prohibited
conduct" includes cheating. "Prohibited conduct" does not
include statements, actions, or communications made or sanctioned by a sports
team or sports governing body.
"Prohibited individual" means any individual (i)
who is prohibited from wagering pursuant to the sports betting law; (ii) whose
name is on any self-exclusion list or the Virginia Lottery Exclusion List;
(iii) whose participation may undermine the integrity of the wagering or the
sporting event; (iv) who is excluded from wagering for any other good cause; or
(v) who makes or attempts to make a wager as an agent or proxy on behalf of
another for compensation (i.e., messenger betting).
"Prohibited wager" means an attempted wager on
any sporting event or occurrence that is not explicitly permitted (i) under the
sports betting law or (ii) by board action, whether by regulation or according
to any list of permissible wagers published and updated by the department from
time to time. "Prohibited wager" includes wagers on youth sports,
proposition bets on college sports, and bets on Virginia college sports. For
youth sports and Virginia college sports, "prohibited wagers" are
limited to the single game or match in which a youth sports or Virginia college
sports team is a participant and shall not be construed to prohibit wagering on
other games in a tournament or multi-game events in which a youth sport or
Virginia college sports team participates, so long as such other games do not
have a participant that is a youth sports or Virginia college sports team.
"Proposition wager" or "proposition
bet" means a wager on a single specific action, statistic, occurrence, or
nonoccurrence to be determined during a sporting event and includes any such
action, statistic, occurrence, or nonoccurrence that does not directly affect
the final outcome of the sporting event to which it relates.
"Registrant" means a person that has received a
registration approval from the director.
"Registration" means the authority granted by
the director to a person to perform the functions and responsibilities of a
sports betting vendor.
"Sports betting" means placing wagers on
professional sports, college sports, sporting events, and any portion thereof
and includes placing wagers related to the individual performance statistics of
athletes in such sports and events. "Sports betting" includes any
system or method of wagering approved by the director, including single-game
bets, teaser bets, parlays, over-under, moneyline, pools, exchange wagering,
in-game wagering, in-play bets, proposition bets, and straight bets. "Sports
betting" does not include (i) participating in charitable gaming
authorized by Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of Title 18.2
of the Code of Virginia; (ii) participating in any lottery game authorized
under Article 1 (§ 58.1-4000 et seq.) of Chapter 40 of Title 58.1 of the Code
of Virginia; (iii) wagering on horse racing authorized by Chapter 29 (§
59.1-364 et seq.) of Title 59.1 of the Code of Virginia; (iv) participating in
fantasy contests authorized by Chapter 51 (§ 59.1-556 et seq.) of Title 59.1 of
the Code of Virginia; (v) placing a wager on a college sports event in which a
Virginia public or private institution of higher education is a participant; or
(vi) placing a wager on sports events organized by the International Olympic Committee.
"Sports betting account" or "player
account" means an account established by a permit holder for an individual
to use for sports betting with a specific identifiable record of deposits,
wagers, and withdrawals established by a sports bettor and managed by the
permit holder.
"Sports betting employee" means an individual
who does not meet the definition of a principal and works within the borders of
the Commonwealth of Virginia for a permit holder, sports betting supplier, or
vendor on nonmanagement support services, such as software or hardware
maintenance or the provision of products, services, information, or assets,
directly or indirectly, to the permit holder.
"Sports betting law" means Article 2 (§
58.1-4030 et seq.) of Chapter 40 of Title 58.1 of the Code of Virginia.
"Sports betting operation" means the legal
provision of sports betting to individuals though a sports betting platform in
the Commonwealth of Virginia.
"Sports betting platform" means a website,
application, or other platform accessible via the internet or mobile, wireless,
or similar communications technology that sports bettors may use to participate
in sports betting.
"Sports betting supplier" or
"supplier" means a person that (i) manages, administers, or controls
wagers initiated, received, or made on a sports betting platform; (ii) manages,
administers, or controls the games on which wagers are initiated, received, or
made on a sports betting platform; or (iii) maintains or operates the software
or hardware of a sports betting platform, including geolocation services,
customer integration, and customer account management.
"Sports event" or "sporting event"
means professional sports, college sports, and any athletic event, motor race
event, electronic sports event, or competitive video game event.
"Sports governing body" means an organization
headquartered in the United States that prescribes rules and enforces codes of
conduct with respect to a professional sports or college sports event and the
participants therein. "Sports governing body" includes a designee of
the sports governing body.
"Submit" means to deliver a document or
electronic information (i) in a manner that ensures its receipt by the party to
whom it is addressed and (ii) that is considered complete only upon actual
receipt by that party.
"Suspicious wagering activity" means unusual
wagering activity that cannot be explained; that is in violation of the sports
betting law or this chapter; that is made or attempted to be made by an agent
or proxy for compensation (i.e., messenger betting); or that is or may be
indicative of match-fixing, the manipulation of an event, misuse of inside
information, sports corruption, or other prohibited activity.
"Unusual wagering activity" means abnormal
wagering activity exhibited by players and deemed by a permit holder as a
potential indicator of suspicious wagering activity. Unusual wagering activity
may include the size of a player's wager or increased wagering volume on a
particular event or wager type.
"Vendor" or "sports betting vendor"
means a person within the Commonwealth that is engaged by, under contract to,
or acting on behalf of a permit holder to provide sports betting-related goods
or services that directly affect sports betting in Virginia and that does not
meet the criteria for licensing as a principal or a supplier, such as an
affiliated marketer or an equipment maintenance provider.
"Virginia college sports" means an athletic
event in which at least one participant is a team from a Virginia public or
private institution of higher education.
"Voided wager" means a wager voided by a permit
holder for a specified sporting event.
"Wager" or "bet" means a sum of money
or thing of value that is risked by a sports bettor on the unknown outcome of
one or more sporting event, including the form of fixed-odds betting, a future
bet, live betting, a money line bet, pari-mutuel betting, parlay bet, pools,
proposition bets, spread bet, or in any other form or manner as authorized by
regulation of the board. "Wager" or "bet" does not include
a sum of money or thing of value risked on an unknown outcome pursuant to the
Fantasy Sports Act.
"Written notice" or "notice" means
notice provided in paper or electronic form, including electronic mail.
"Youth sports" means an athletic event (i)
involving a majority of participants younger than 18 years of age or (ii) in
which at least one participant is a team from a public or private elementary,
middle, or secondary school, regardless of where such school is located.
Regardless of the age of the participants, an athletic event that meets the
definition of "college sports" or "professional sports"
shall not be considered "youth sports."
11VAC5-70-20. Application process.
A. General provisions.
1. Upon filing of an online application for a permit,
license, or registration, the applicant shall pay by wire transfer the
applicable investigation and nonrefundable application fees established by the
board by regulation.
2. If an application for a permit, license, or registration
must be submitted to the director by a particular date, the application shall
be delivered to the director not later than 11:59:59 p.m. on the last day of
the specified period, and an application submitted after the deadline will not
be accepted or considered by the director.
3. Applications and required fees for permits will be
accepted by the director only during the initial permit application period and,
thereafter, during an annual permit application period, as defined in this
chapter.
a. The initial application period begins October 15, 2020,
and ends October 31, 2020, at 11:59:59 p.m. The initial permit application
period does not apply to applications other than permit holder applications.
b. In 2021 and succeeding years, the annual permit
application period begins May 15 and ends May 31 at 11:59:59 p.m. The annual
permit application period does not apply to applications other than permit
holder applications.
4. Applications and required fees for licenses and
registrations may be accepted by the director at any time following October 12,
2020.
5. An applicant may not submit an application earlier than
one year after the director has:
a. Taken final action on a denial of a previous permit,
license, or registration application involving the applicant;
b. Taken final action on a sanction resulting in revocation
of a previous permit, license, or registration application involving the
applicant; or
c. Provided a permit holder, licensee, registrant, or
individual with written notice of termination of a temporary permit, license,
or registration.
B. Applications.
1. Information and documents submitted to the director
under this chapter shall be made using the electronic form required by the
director and, as required by the director, may include an original and copies.
2. Information and documents submitted to the director in a
permit, license, or registration application shall be sworn under the penalties
of perjury as to their truth and validity by the applicant or, if the applicant
is not an individual, by an officer or director of the applicant.
3. Upon receipt of an application by the director,
department staff shall review the application to determine whether it contains
all the information required under this chapter.
4. If the director determines that required information has
not been submitted, department staff shall notify the applicant and state the
nature of the deficiency.
5. An applicant notified in accordance with subdivision 4
of this subsection shall submit the information necessary to complete the
application no later than 15 days after issuance of the notice.
6. The director will not consider the application of an
applicant notified in accordance with subdivision 4 of this subsection that
fails to submit the requested information in a timely manner.
7. The director will consider only a timely, complete
application.
C. Changes in application.
1. If information submitted by an applicant as part of a
permit, license, or registration application changes or becomes inaccurate
before the director acts on the application, the applicant shall immediately
notify department staff of the change or inaccuracy.
2. After an application has been filed by an applicant, the
applicant may not amend the application except:
a. To address a deficiency in accordance with a notice sent
under subdivision B 4 of this section;
b. As required by the director or department staff for
clarification of information contained in the application; or
c. To address a change in the circumstances surrounding the
application that was outside the control of the applicant and that affects the
ability of the applicant to comply with the law or the regulations of the
board.
3. To amend an application under this subsection, an
applicant shall submit to the director a written request to amend the
application stating:
a. The change in the circumstances surrounding the
application that necessitates the amendment;
b. The nature of the amendment; and
c. The reason why the amendment is necessary to bring the
application into compliance with the law or the regulations of the board.
4. The director or department staff shall grant or deny
each request submitted under subdivision 2 c of this subsection.
5. A request shall be granted if the applicant demonstrates
to the satisfaction of the director that:
a. Before the change in the circumstances surrounding the
application, the application complied with the pertinent provisions of the law
or the regulations of the board; and
b. The amendment is necessary to bring the application into
compliance with the pertinent provisions of the law or the regulations of the
board.
6. An application for a permit, license, or registration
may be withdrawn if the:
a. Applicant submits a written request to the director to
withdraw the application; and
b. Written request is submitted before the director has:
(1) Denied the application; or
(2) Terminated a temporary permit, license, or
registration.
D. Burden of proof.
1. The burden of proof shall be on the applicant to show by
clear and convincing evidence (i) that the applicant complies with the laws of
the Commonwealth of Virginia and the regulations of the board regarding
eligibility and qualifications for the permit, license, or registration (ii)
and that the applicant is not otherwise disqualified from holding a permit,
license, or registration.
2. The director may deny a permit, license, or registration
to an applicant whose gaming or similar license has been suspended or revoked
in another jurisdiction.
3. The director may deny a permit, license, or registration
to an applicant whose past or present conduct would bring the Commonwealth into
disrepute.
4. Inadvertent, nonsubstantive errors that might be made in
furnishing the information required by this section may not be used as a reason
by the director for disqualifying the applicant.
E. Administrative costs of background investigations.
1. Except for a permit, principal license, or supplier
license application, the administrative costs associated with performing
background investigations shall be incorporated into the fixed
application/license fee set out in this chapter.
2. For a permit, principal license, or supplier license
application, the administrative costs associated with performing background
investigations shall vary depending on the complexity of the investigation and
the time spent conducting the investigation.
3. Promptly upon receipt of an invoice from the department,
an applicant for a permit, principal license, or supplier license shall
reimburse the department by wire transfer for:
a. The administrative costs associated with performing
background investigations of the applicant and any individual required to
provide information under this chapter; and
b. Any payments made by the director to a person approved
by the director to conduct the background investigation.
4. Failure to reimburse the director shall be grounds for
disqualification of the applicant.
5. The director may require initial and additional deposits
from an applicant for the administrative costs of conducting the applicant's
background investigation.
6. The director will refund to an applicant for a permit,
principal license, or supplier license any unused amount of the advance
deposit.
F. Effect of permit, license, or registration.
1. Participation in sports betting operations by a permit
holder, licensee, or registrant shall be deemed a revocable privilege and shall
be conditioned on the proper and continued qualification of the permit holder,
licensee, or registrant and on the discharge of the affirmative responsibility
of each permit holder, licensee, and registrant to provide to the regulatory
and investigatory authorities under this chapter or any other provision of law,
any assistance and information necessary to assure that the policies underlying
this chapter are achieved.
2. Consistent with subdivision 1 of this subsection, the
intent of this chapter is to:
a. Preclude:
(1) The creation of any property right in any permit,
license, or registration required under this chapter;
(2) The accrual of any monetary value to the privilege of
participation in sports betting operations; and
(3) Except as specifically provided by the sports betting
law and the board's regulations, the transfer of any permit, license, or
registration issued under this chapter; and
b. Require that participation in sports betting operations
be conditioned solely on the continuing qualifications of the person who seeks
the privilege.
3. A permit holder may sublicense, convey, concede, or
otherwise transfer the holder's permit to a third party only after the
transferee:
a. Applies and pays all application and background
investigation fees for a permit;
b. Receives the approval of the director; and
c. Pays a nonrefundable transfer fee of $200,000.
G. Continuing obligations.
1. Applicants who are awarded a permit, license, or
registration shall, during the term of their permits, licenses, or
registrations, conform to all the information contained in their applications.
2. If information submitted by an applicant issued a
permit, license, or registration changes during its term, the permit holder,
licensee, or registrant shall immediately submit to the director notice in
writing of the change.
3. As a condition of holding a permit, license, or
registration, a permit holder, licensee, or registrant must comply with all
requirements of the sports betting law, this chapter, and any other chapter in
this title related to sports betting.
4. Failure to comply with the obligations of subdivision 1,
2, or 3 of this subsection shall be grounds for the director taking enforcement
action against the permit holder, licensee, or registrant.
H. Temporary or conditional permit, license, or
registration.
1. Upon request of an applicant, the director may in his
sole discretion issue a temporary or conditional permit, license, or
registration to an apparently-qualified applicant.
2. An applicant for a permit, license, or registrant may
not be considered to be apparently-qualified if:
a. The applicant has an immediately known present or prior
activity, criminal record, reputation, habit, or association that would
disqualify the applicant from holding a permit, license, or registration under
the sports betting law or this chapter;
b. The applicant poses a serious imminent risk of harm to
the integrity, security, or profitability of the Commonwealth's sports betting
program; or
c. Reasonable grounds exist to believe that the applicant
will not be able to establish the applicant's qualifications by clear and
convincing evidence under this chapter.
3. By accepting a temporary or conditional permit, license,
or registration, an applicant waives the right to challenge or contest a final
decision by the director concerning the application.
4. A temporary or conditional permit holder, licensee, or
registrant whose permanent permit, license, or registration is denied shall not
receive a refund of any fees paid toward the application and the costs of the
department's investigation.
5. A temporary or conditional permit, license, or
registration:
a. May not be issued until the applicant has acknowledged
in writing that the Commonwealth is not financially responsible for any
consequences resulting from termination of a temporary or conditional permit,
license, or registration or a denial of the application;
b. Expires 180 days after the date of issuance; and
c. May be extended by the director for one period of up to
180 days.
6. When the director changes a temporary or conditional
permit, license, or registration into permanent status, the date of issuance of
the permanent permit, license, or registration shall be deemed to be the date
that the director approved the temporary permit, license, or registration.
7. By written notice to a temporary or conditional permit
holder, licensee, or registrant, the director may terminate, without a hearing
and without following the denial process under 11VAC5-70-120, the temporary or
conditional permit, license, or registration of an applicant for:
a. Failure to pay a required fee;
b. Failure to submit required information and documentation
to department staff within 15 days of responding to a request for additional
information or documents;
c. Failure to comply with any other request of department
staff;
d. Engaging in conduct that obstructs department staff from
completing the applicant's background investigation;
e. Failure to comply with the conditions imposed by the
director, or
f. Violating any provision of the sports betting law or
this chapter.
8. The director's written notice of termination of a
temporary or conditional permit, license, or registration is the final action
of the director.
9. If, during the course of conducting an applicant's
background investigation, department staff reasonably believes there is a basis
for recommending denial of a permanent permit, license, or registration to a
temporary or conditional permit holder, licensee, or registrant, department
staff shall:
a. Notify the director and the temporary or conditional
permit holder, licensee, or registrant; and
b. If the director has not yet issued a final decision on
the application, allow the application to be withdrawn.
11VAC5-70-30. Consent for investigation.
A. An individual who is required to provide personal and
background information under this chapter shall provide a statement that
irrevocably gives consent to the director, department staff and its
investigative contractors, and persons authorized by the director to:
1. Verify all information provided in the application; and
2. Conduct a background investigation of the individual.
B. An applicant shall authorize the director, department
staff, and investigative contractors to have access to any and all information
the applicant has provided to any other jurisdiction while seeking a gaming or
similar license in that other jurisdiction as well as the information obtained
by that other jurisdiction during the course of any investigation the other
jurisdiction may have conducted regarding the applicant.
11VAC5-70-40. Waiver of requirement.
A. A waiver of requirements in general.
1. The director may waive any of the grounds for denial or
renewal of a permit, license, or registration.
2. The director may waive the grounds for denial under this
section only after the director determines that denial would limit the number
of applicants, permit holders, licensees, or registrants in a manner contrary
to the best interests of the Commonwealth of Virginia.
B. Process for waiver of requirements.
1. A person requesting a waiver shall submit a written
request in a format specified by the director.
2. A written request shall contain at least the following:
a. The standard for which the waiver is sought;
b. Detailed facts in support of the request;
c. An explanation of the unique circumstances justifying
the request; and
d. Any other information requested by department staff or
the director.
3. Upon receipt of a waiver request that fails to comply
with subdivision 1 or 2 of this subsection, department staff shall notify the
requestor:
a. Of any deficiency; and
b. That the request will not be presented to the director
unless the identified deficiency is corrected.
C. Decision for waiver of requirements.
1. Upon receipt of a request that complies with subsections
A and B of this section, department staff shall present the request to the
director as soon as practicable.
2. At any time before or after a waiver has been granted,
the director may:
a. Limit or place restrictions on the waiver as the
director considers necessary in the best interest of the Commonwealth; and
b. Require the permit holder or licensee who is granted the
waiver to cooperate with the director and to provide the director with any
additional information required as a condition of the waiver.
3. After the director decides whether to grant or deny the
request for a waiver, department staff shall notify the requestor of the
decision.
4. The decision of the director on a request for a waiver
is final and may not be appealed.
11VAC5-70-50. Sports betting permit applications.
A. An application for a sports betting permit shall
consist of two parts and shall include:
1. A narrative description in an electronic format of the
applicant's plan for offering a sports betting platform in the Commonwealth;
and
2. Information to be provided to the department in an electronic
format for the purposes of allowing the department to conduct its background
investigation.
B. The narrative component of the application shall
include information describing:
1. The applicant's background in sports betting;
2. The applicant's experience in wagering activities in
other jurisdictions, including the applicant's history and reputation of
integrity and compliance;
3. The applicant's proposed internal control standards,
including controls to ensure that no prohibited or voluntarily excluded person
will be able to participate in sports betting;
4. The applicant's history of working to prevent compulsive
gambling including training programs for its employees;
5. If applicable:
a. All supporting information and documentation necessary
to establish eligibility for substantial and preferred consideration pursuant
to the provisions of the sports betting law;
b. The identity of any partner, subcontractor, or other
affiliate through which the applicant wishes to demonstrate compliance with the
requirements of this chapter; and
c. Assurances that the permit application also includes a
completed application, along with all applicable permitting, licensing,
registration, and background investigation fees, for the applicant's partner,
subcontractor, or other affiliate, and their applicable principals.
6. The applicant's proposed procedures to detect and report
suspicious or illegal gambling activity;
7. Whether the applicant intends to limit its participation
in any of the types of allowable sports events available in the Commonwealth;
8. Whether the applicant has entered into or plans to enter
into any agreements to offer its sports betting platform in coordination with
other applicants or persons; and
9. If the applicant is the subsidiary of another entity, an
explicit statement that the parent organization will fully and absolutely
guarantee the performance of the subsidiary for at least the first year of
operation.
C. Information that is provided to the department in
electronic format for the purposes of allowing the department to conduct its
background investigation need not be repeated in the narrative submission.
D. The applicant shall include in its narrative:
1. A high-level description of the application, which shall
be designed to be released to the public; and
2. An authorization for the department to release that
portion of the narrative despite the otherwise-applicable provisions of §
2.2-3704.01 of the Code of Virginia.
E. The applicant shall submit the information described in
subsections F through X of this section using the electronic form required by
the director, along with copies if requested by department staff.
F. If the applicant is a corporation, the application
shall include a:
1. Statement of when the corporation was organized;
2. Copy of the articles of incorporation and bylaws of the
corporation;
3. Statement and documentation of whether the corporation
has been reorganized or reincorporated during the five-year period preceding
the date on which the application is submitted to the director;
4. Statement and documentation of whether the corporation
has filed restated articles of incorporation; and
5. List identifying each person who:
a. Exercises voting rights in the corporation; and
b. Directly or indirectly owns 5.0% or more of the
corporation.
G. If the applicant is an unincorporated business
association, the application shall include a:
1. Copy of each organizational document of the applicant,
including any partnership agreement;
2. Description of any oral agreements involving the
organization of the applicant; and
3. List identifying each person who:
a. Exercises voting rights in the applicant;
b. Directly or indirectly owns 5.0% or more of the business
association.
H. If the applicant is authorized to issue capital stock,
the applicant shall state for each class of stock authorized the:
1. Total number of shares;
2. Par value if any;
3. Voting rights;
4. Current rate of dividend;
5. Number of shares outstanding and the market value of
each share on the date of the application;
6. Existence of any voting trust or voting agreement in
which capital stock of the applicant is held; and
7. The following information:
a. Name and address of each stockholder participating in
the trust or agreement;
b. Class of stock involved; and
c. Total number of shares held by the trust or agreement.
I. The application shall include a certified copy of each
voting trust or voting agreement in which capital stock is held.
J. The application shall describe the terms of any proxy
by which any capital stock may be voted and shall state the:
1. Name and address of the person holding the proxy;
2. Name and address of the stockholder who granted the
proxy;
3. Class of stock for which the proxy may vote; and
4. Total number of shares voted by the proxy.
K. The application shall state any provisions, and the
procedures by which these provisions may be modified, for the redemption,
repurchase, retirement, conversion, or exchange of an ownership interest.
L. The application shall state whether the applicant's
stock may be traded through options and whether the corporation or a
stockholder has executed an agreement or contract to convey any of the
corporation's or the stockholder's stock at a future date.
M. The application shall include a copy or a description
of each agreement or contract disclosed under subsection L of this section.
N. The application shall include a copy of each
prospectus, pro forma, or other promotional material given to potential
investors about the permit holder applicant's operation.
O. The application shall provide full disclosure for any
stock options that may exist or have been granted.
P. The application shall:
1. Disclose all individuals and entities that have an
ownership interest of 5.0% or more in the applicant, including any beneficial
ownership as defined in § 13.1-1201 of the Code of Virginia; and
2. Describe the:
a. Nature of the ownership; and
b. Extent of control exercised by the owner; and
3. Include information and documents required by this
chapter as to each owner.
Q. If the applicant is not an individual, the application
shall include a list of the individuals who are serving or who are designated
to serve, during the first year after the date the application is submitted to
the director, as a director, officer, partner, or principal as defined in this
chapter. The application shall also provide:
1. The individual's name and address;
2. Each position or office of the applicant held by the
individual;
3. The individual's primary occupation during the five-year
period preceding the date on which the application is submitted to the
director; and
4. The nature and extent of any ownership interest that the
individual has in the applicant.
R. The director shall take final action on a completed
initial application for a sports betting permit within the timeframe set forth
in § 58.1-4032 of the Code of Virginia, including the application of any
required principals.
S. The director may award a sports betting permit after
consideration of the application and based on:
1. The contents of the submitted application;
2. The extent to which the applicant has demonstrated past
experience, financial viability, compliance with applicable laws and
regulations, and success with sports betting in other jurisdictions in the
United States;
3. The extent to which the applicant has demonstrated that
the applicant will be able to meet the duties of a permit holder;
4. Whether the applicant has demonstrated that the
applicant has made serious, good faith efforts to solicit and interview a
reasonable number of investors that are minority individuals as defined in §
2.2-1604 of the Code of Virginia;
5. The amount of adjusted gross revenue and associated tax
revenue that an applicant expects to generate;
6. The effect of issuing an additional permit on the amount
of gross revenue and associated tax revenue generated by all permit holders,
considered in the aggregate;
7. The extent to which the applicant will generate new jobs
within the Commonwealth of Virginia;
8. Whether the applicant has adequate capitalization and
the financial ability and the means to develop, construct, operate, and
maintain the applicant's proposed internet sports betting platform in
accordance with the sports betting law and this chapter;
9. Whether the applicant has the financial ability to
purchase and maintain adequate liability and casualty insurance and to provide
an adequate surety bond;
10. Whether the applicant has adequate capitalization and
the financial ability to responsibly pay its secured and unsecured debts in
accordance with its financing agreements and other contractual obligations;
11. Whether the applicant has a history of material
noncompliance with casino or casino-related licensing requirements or compacts
with this state or any other jurisdiction, where the noncompliance resulted in
enforcement action by the person with jurisdiction over the applicant;
12. Whether the applicant or the applicant's principals
have been (i) indicted for, (ii) charged with, (iii) arrested for, (iv)
convicted of, (v) pleaded guilty or nolo contendere to, (vi) forfeited bail
concerning, or (vii) had expunged any criminal offense under the laws of any
jurisdiction, either felony or misdemeanor, not including traffic violations,
regardless of whether the offense has been expunged, pardoned, or reversed on
appeal or otherwise. The board may consider mitigating factors;
13. Whether the applicant has filed or had filed against it
a proceeding for bankruptcy or has ever been involved in any formal process to
adjust, defer, suspend, or otherwise work out the payment of any debt;
14. Whether the applicant has a history of material
noncompliance with any regulatory requirements in the Commonwealth or any other
jurisdiction where the noncompliance resulted in an enforcement action by the
regulatory agency with jurisdiction over the applicant;
15. Whether at the time of application the applicant is a
defendant in litigation involving the integrity of the applicant's business
practices; and
16. Any other factor the director considers relevant.
T. If during the initial application period the director
receives more applications for permits than are authorized under the sports
betting law, the director shall:
1. Evaluate whether any of the applications are so
deficient that they should be rejected immediately;
2. Qualitatively compare the remaining applications and
award permits only from the pool of the top two-thirds of the remaining
applicants that meet all the qualifications of a permit holder and are not
otherwise disqualified from holding a permit; and
3. Conduct further investigation and comparison before
determining which, if any, of the remaining one-third of the applicants should
be awarded a permit.
U. Prior to issuance of a permit, an applicant awarded a
permit shall pay to the Virginia Lottery a nonrefundable permit issuance fee of
$250,000.
V. The term of a permit is three years from the date of
issuance.
W. At least 60 days before the end of the term of a
permit, a permit holder shall submit a:
1. Renewal application in the form required by the
department; and
2. Nonrefundable wire transfer of $200,000 as a permitting
and background investigation fee.
X. Renewal applications not submitted in compliance with
subdivision W 1 or W 2 of this section will not be considered.
11VAC5-70-60. Principal applications.
A. An applicant for a principal license who is associated
with a sports betting permit applicant shall submit the principal application
together with the permit application.
B. A principal who will be employed in a managerial
capacity for a sports betting platform on behalf of a permit holder:
1. Shall submit the application separately from the
application for the sports betting permit; and
2. May submit the application together with a supplier license
application.
C. The application for a principal shall be made using the
electronic form required by the department.
D. For an applicant who is a citizen of any country other
than the United States, the background investigation shall require an international
criminal history records check.
E. The application for each principal license shall be
accompanied by a wire transfer of $50,000, $1,000 of which shall be considered
an application/license fee, with the remainder constituting a nonrefundable initial
deposit toward the department's administrative costs to conduct the background
investigation of the applicant.
F. The term of a principal license shall be three years
from the date of issuance.
G. At least 60 days before the end of the term of a principal
license, a principal shall submit a:
1. Renewal application using the electronic form required
by the department; and
2. Nonrefundable wire transfer of $50,000 as an
application/license fee and background investigation fee.
11VAC5-70-70. Sports betting supplier applications.
A. An applicant for a sports betting supplier license
shall be made using the electronic form required by the department.
B. A principal who will be employed in a managerial
capacity for a sports betting platform may submit the principal application
together with a supplier license application.
C. The application for a sports betting supplier license
shall include all information required by department staff.
D. The application for a supplier license to operate a
permit holder's sports betting platform shall be made using the electronic form
required by the department.
E. The application for a supplier license to operate a
permit holder's sports betting platform shall be accompanied by a wire transfer
of $125,000, $10,000 of which shall be considered an application/license fee,
with the remainder constituting a refundable initial deposit toward the
department's administrative costs to conduct the background investigation of
the applicant and its employees and directors.
F. An applicant for a supplier license to operate a sports
betting platform shall identify those individuals who will be employed in a
managerial capacity on the platform.
G. The application for a supplier license other than to
operate a permit holder's sports betting platform shall be accompanied by a
wire transfer of $50,000, $5,000 of which shall be considered an
application/license fee, with the remainder constituting a refundable initial
deposit toward the department's administrative costs to conduct the background
investigation of the applicant and its employees and directors.
H. The term of a supplier license shall be three years
form the date of issuance.
I. At least 60 days before the end of the term of a
supplier license, a supplier shall submit a:
1. Renewal application in the form required by the
department; and
2. Nonrefundable wire transfer of $50,000 as an
application/license fee and background investigation fee.
11VAC5-70-80. Sports betting vendor registrations.
A. Any person not approved by the director as a registered
sports betting vendor may not perform vendor functions for a permit holder or
sports betting supplier within the Commonwealth.
B. An applicant for a sports betting vendor registration
shall complete and submit the electronic application form required by the
department.
C. The application for a sports betting vendor
registration shall include all information required by department staff.
D. The application for a sports betting vendor
registration shall be accompanied by a wire transfer of nonrefundable $500
application/registration fee toward the department's administrative costs to
conduct the background investigation of the applicant.
E. The term of a sports betting vendor registration shall
be three years from the date of issuance.
F. At least 60 days before the end of the term of a vendor
registration, a vendor registrant shall submit a:
1. Renewal application in the form required by the
department, and
2. Nonrefundable wire transfer of $500 as an
application/registration fee and background investigation fee.
11VAC5-70-90. Sports betting employee applications.
A. Any individual not holding a valid sports betting
employee license issued by the director may not be employed by a permit holder
or sports betting supplier to work within the borders of the Commonwealth as a
sports betting employee.
B. The director may issue a sports betting employee
license to an individual upon:
1. Payment of all required application/license and
background investigation fees;
2. Submission of a completed license application to the
director;
3. Disclosure of all personal and background information
and other information required by department staff;
4. Signed consent for investigation required under this
chapter;
5. Unless exempt, issuance of any applicable bond required
under this chapter;
6. Receipt of at least a conditional offer of employment as
a sports betting employee from a permit holder or sports betting supplier that
has:
a. Obtained a bond if required under this chapter; and
b. Performed, at a minimum, criminal, credit, and tax
checks, employment verification, and a national database search;
7. Provided confirmation that within the 365 days before
the application is submitted, the applicant has not served as a Virginia
Lottery Board member or been employed by the department; and
8. Provided the director with sufficient information,
documentation, and assurances to establish by clear and convincing evidence
that the individual (i) meets the applicable requirements of the laws of
Virginia and this chapter and (ii) is otherwise qualified for a sports betting
employee license.
C. The application/license fee and background
investigation fee for a sports betting employee license or renewal is $500.
D. A licensed sports betting employee may not wager on a
sports event at or receive winnings from a permit holder where the individual
is employed or that is operated by the individual’s employer, or where the
individual is currently assigned to work.
E. A licensee has a continuing duty to inform the director
of any act or omission the licensee knows or should know constitutes a
violation of the Code of Virginia or this chapter.
F. Term and renewal.
1. The term of a sports betting employee license is three
years from the date of initial licensure.
2. Except in the case of a temporary license, the director
may renew the sports betting license if 60 days before the term of the license
expires, the licensee:
a. Applies for renewal in the format required by the
department;
b. Continues to demonstrate compliance with all licensing
requirements;
c. Maintains employment as a sports betting employee;
d. Submits to a background investigation under this
chapter; and
e. Pays the fees for licensure and backgrounding as
described in this section.
11VAC5-70-100. Bonds.
A. The director may require an applicant, permit holder,
licensee, or registrant to obtain a bond before the director issues or reissues
a permit, license, or registration.
B. A sports betting employee may be exempted from
obtaining a bond if the employee is involved in activities that the director
has determined do not require a bond to protect the public interest.
C. A bond shall be for the benefit of the Commonwealth for
the faithful performance of the requirements imposed by the laws of Virginia
and this chapter, shall be renewable annually, and may not be canceled without
at least 30 days written notice submitted to the director. The original bond
shall be submitted to the director.
D. A bond shall be issued only by a company that is
financially rated A or better by a nationally recognized rating agency and that
is permitted to transact business in the Commonwealth of Virginia.
E. For a permit holder, the amount of the bond may not
exceed $5 million.
F. As approved by the director, the bond for a principal
may be included in the bond submitted by the permit holder or sports betting
supplier.
G. For a principal or sports betting employee not covered
by a bond under subsection E of this chapter, the amount of the bond:
1.Shall be determined by the director based on the
employee's level of responsibility and the Commonwealth's risk of exposure to
liability for the employee's performance; and
2. May not exceed $150,000.
H. For a sports betting supplier licensee or vendor
registrant, the amount of the bond:
1. Shall be determined by the director based on the
licensee's or vendor's level of responsibility and the Commonwealth's risk of
exposure to liability for the licensee's or vendor's performance; and
2. May not exceed $150,000.
I. The director will not issue or reissue a permit,
license, or registration until the director has received satisfactory proof of
a bond.
J. The director may apply a bond to the payment of an
unpaid liability associated with this chapter of the applicant, permit holder,
licensee, or registrant.
K. On an annual basis, the director shall review the need
for and the amount of bonds required of a permit holder, licensee, or
registrant.
11VAC5-70-110. Denial of a permit, license or registration.
A. In addition to the hearing requirements in subsection C
of this section, the process set out in subsection B of this section shall
precede a hearing by the board on the denial of a permit, license, or
registration application.
B. After reviewing an application submitted for a permit,
license, or registration, department staff may recommend that the director deny
the application of an applicant who:
1. Has not established by clear and convincing evidence
that the applicant meets applicable qualifications set out in the Virginia
sports betting law and this chapter, including demonstration of the good
character, honesty, and integrity of the applicant and its principals and
employees; or
2. Has violated:
a. A provision of the sports betting law;
b. A provision of this chapter or any other chapter related
to sports betting; or
c. A condition set by the director.
3. If department staff recommends that the director deny a
permit, license, or registration, the director or the director's designee shall
promptly provide the applicant with written notice of:
a. The recommendation and the basis therefor; and
b. The applicant's right to request an Informal
Fact-Finding Conference with the director or the director's designee as
provided by Article 1, Chapter 40 (§ 58.1-4007) of the Code of Virginia.
4. An applicant may submit to the director a written
request for an Informal Fact-Finding Conference within 15 days of the date of
the notice described in subdivision 3 of this subsection.
5. If an applicant fails to timely submit a request under
subdivision 4 of this subsection, the director may adopt as final the
recommendation of department staff.
6. During an Informal Fact-Finding Conference, an applicant
may:
a. Be represented by counsel; and
b. Present evidence as to why the permit, license, or
registration should be granted;
7. If after the Informal Fact-Finding Conference, the
applicant is dissatisfied with the decision of the director, the applicant may
submit to the board, in writing:
a. A request for hearing before the board on the decision
of the director; and
b. The applicant's legal and factual bases for disagreeing
with the recommendation of the director.
8. An applicant may submit a hearing request to the board
within 15 days of the date of the recommendation of the director after the
Informal Fact-Finding Conference.
9. If an applicant fails to timely submit a written hearing
request under subdivision 8 of this subsection, the director's decision shall
be adopted as final.
C. Board Process.
1. Upon receipt of a timely written hearing request, the
board shall provide the applicant a hearing notice for a hearing before the
board.
2. The board's hearing notice, and the board's hearing at
which the director's denial will be considered, shall comply with the requirements
of the Virginia Administrative Process Act, Chapter 40 (§ 2.2-4000 et seq.) of
Title 2.2 of the Code of Virginia.
3. The board shall:
a. Grant the permit, license, or registration after
determining that the applicant is qualified; or
b. Deny the permit, license, or registration after
determining that the applicant:
(1) Is not qualified for a permit, license, or
registration, or is disqualified from holding a permit, license, or
registration;
(2) Has violated a provision described in subdivision B 2
of this section; or
(3) Has failed to demonstrate by clear and convincing
evidence that its application should have been granted.
4. Following a hearing, if it decides to uphold the
decision of the director, the board shall:
a. Prepare an order denying the permit, license, or
registration with a statement of the reasons and specific findings of fact; and
b. Provide the applicant with written notice of its final
action.
5. The board's final action on a permit, license, or
registration denial is subject to judicial review as provided in § 58.1-4027 of
the Code of Virginia.
D. The procedures set out in this section shall apply to
decisions by the director not to renew a permit, license, or registration.
11VAC5-70-120. Sanctions.
A. In addition to any other permissible enforcement
action, the director may impose sanctions on a permit holder, licensee, or
registrant.
B. Permissible sanctions against a permit holder include:
1. Suspension or revocation of the permit; and
2. A monetary penalty of up to $1,000 per day per
violation.
C. Permissible sanctions against a licensee or registrant
include suspension or revocation of the license or registration.
D. The director may impose sanctions on a permit holder,
licensee, or registrant for violations committed by its principals, suppliers,
vendors, or employees.
E. The director may impose a sanction for any violation of
the sports betting law or this chapter or other chapters in this title related
to sports betting, including:
1. Any basis for the denial of a permit, license, or
registration under 11VAC5-70-110;
2. Knowingly making a false statement of material fact to
the director;
3. Having been suspended or denied from operating a
gambling game, gaming device, gaming or sports betting operation or having had
a license revoked by any governmental authority responsible for the regulation
of gaming activities in any jurisdiction;
4. Having been convicted of or pled guilty to a felony or
misdemeanor in any jurisdiction that could affect the suitability of the permit
holder, licensee, or registrant, as determined by the director;
5. Having been convicted of or pled guilty to a
gambling-related, theft, embezzlement, or fraud offense;
6. Having been arrested, charged, indicted, convicted, or
received notice of civil or criminal investigation or threat of prosecution for
illegal or offshore sports betting activities that serviced the United States
or otherwise accepted wagers in violation of state or federal law from
individuals located inside the United States;
7. Failure to fully and timely submit a tax, fee, or
penalty as required by the board, the Commonwealth of Virginia or any
applicable subdivision;
8. Failure to submit a report as required to the director;
9. Failure to participate in an investigation as required
by the director;
10. Failure to maintain reserves, insurance, or bond as
required by the director;
11. Failure to adhere to the internal control standards
approved by the director;
12. Knowing, or grossly negligent, failure to prevent
prohibited conduct from occurring within a sports betting platform; or
13 Any other activity or failure to act that the director
determines requires the imposition of a sanction in order to maintain the
integrity of the sports betting program and the interests of the Commonwealth
of Virginia.
F. The procedure for imposing a sanction shall parallel
the procedure established in 11VAC5-70-110 for the denial of a permit, license,
or registration, including judicial review of the board's final action on the
imposition of a sanction.
G. In addition to the requirements set out in subdivision
F of this section, a permit holder shall be afforded at least 15 days' notice
and a hearing before the board prior to the imposition of a sanction.
H. If the director determines that it is in the best interests
of the Commonwealth of Virginia, the director may negotiate and reach an
agreed-upon settlement of a violation with a permit holder, licensee, or
registrant, and the sanctions imposed in that settlement shall not be subject
to appeal.
11VAC5-70-130. (Reserved.)
11VAC5-70-140. Reserve and insurance requirements.
A. A permit holder shall maintain a reserve in the form of
cash, cash equivalents, irrevocable letter of credit, or bond, or a combination
thereof, in an amount approved by the director to cover the outstanding
liability of the permit holder to players. A bond used by a permit holder to
maintain any portion of its reserve shall comply with the bond requirements of
11VAC5-70-100. A permit holder may not remove, release, or withdraw funds from its
reserves without the written approval of the director. Permit holders shall at
all times also maintain cash reserves in amounts to be established by board
regulation.
B. The amount in the reserve fund shall be at least
$500,000 and equal or exceed the aggregate sum of:
1. Funds held by the permit holder in player accounts;
2. The total amount of funds accepted by the permit holder
as wagers on sports events with outcomes that have not been determined; and
3. Money owed but unpaid by the permit holder to players on
winning wagers.
C. All reserve funds shall be held with a financial
institution federally insured by the FDIC and licensed to transact business in
the Commonwealth of Virginia.
D. A permit holder shall calculate its reserve
requirements each day and, if the permit holder determines its reserve is
insufficient to cover the requirement of this subsection, it shall notify the
director of the deficiency within 24 hours and identify the steps taken to
remedy the deficiency.
E. Before its sports betting permit or renewal is issued,
a permit holder shall provide the director with certificates of insurance from
a company financially rated A or better by a nationally recognized rating
agency and permitted to transact business in the Commonwealth of Virginia.
F. A permit holder shall maintain the following types and
levels of insurance:
1. General commercial liability insurance in the amount of
$5 million;
2. Errors and omissions insurance in the amount of $15
million; and
3. Such other types and amounts of insurance as the
director requires.
11VAC5-70-150. Liability pooling.
A. A permit holder may offset loss and manage risk,
directly or with a third party approved by the director, through the use of a
liquidity pool in Virginia or, if the permit holder or its affiliate is
licensed to operate a sports betting business in a permissible jurisdiction, in
that permissible jurisdiction.
B. A permit holder's use of a liquidity pool does not
eliminate the permit holder's reserve obligations under 11VAC5-70-140.
11VAC5-70-160. Audit, financial, recordkeeping, and banking
requirements.
A. A permit holder shall engage a certified public
accountant to prepare in accordance with generally accepted accounting
principles an annual audit of the financial transactions and condition of the
permit holder's sports betting operation and submit that audit to the director.
B. A permit holder shall establish and maintain books,
records, and documents, including electronic storage media, in accordance with
generally accepted accounting principles and practices that sufficiently and
properly reflect all revenues and expenditures of funds associated with its
sports betting operation.
C. A permit holder shall retain all records, financial
records, supporting documents, statistical records, and any other documents,
including electronic storage media, pertinent to its sports betting operation
for at least five years from their creation.
D. Books and records pertaining to a permit holder's
sports betting operation shall be subject to inspection, review, and audit by
the director or department staff at any time within the sole discretion of the
director.
E. A permit holder shall deliver all data requested by the
director either by report or data file in the form and frequency required by
the director while achieving compliance with the standards of integrity,
security, and control.
F. A permit holder shall generate reports necessary to
record all the components of the adjusted gross revenue calculation over a
specific period as required by the director.
G. All requested data shall be made available in the
report formats and database formats required by the director.
H. All required reports shall be generated by the permit
holder even if the period specified contains no data to be presented, in which
case the report shall indicate all required information and contain an
indication of "No Activity" or similar message.
I. A permit holder shall generate reports for each day of
operation in order to calculate the adjusted gross revenue and to ensure the
integrity of its sports betting platform.
J. A permit holder shall maintain an operating account
with a financial institution that is federally insured by the FDIC and licensed
to transact business in the Commonwealth of Virginia.
K. A permit holder shall maintain an escrow account with a
financial institution federally insured by the FDIC and licensed to transact
business in the Commonwealth of Virginia, into which shall be deposited all
taxes and fees due to be transferred to the department pursuant to procedures
to be established by the director. The department shall be designated as sole
beneficiary on the account. This escrow account shall be separate from all
other operating accounts of the permit holder to ensure the security of funds due
to the Commonwealth of Virginia.
11VAC5-70-170. Permissible wagers.
A. A permit holder may accept a wager from a player on
sporting events, including:
1. A proposition wager, except a proposition wager on
college sports or a proposition wager placed on any type of possible injury,
unsportsmanlike conduct, or any other officiating call;
2. A bet placed before or after the sporting event has
started; or
3. A bet placed after the sporting event has started, in
compliance with § 58.1-4036 of the Code of Virginia and 11VAC5-70-190.
B. A permit holder may accept wagers on those sporting
events, leagues, and bet types approved by the director and published on an
Authorized Sports Events, Leagues and Bets List.
C. If a sports league has been generally authorized by the
director, a permit holder may accept wagers on all sports events of the kind
generally conducted by that league.
D. The director shall post on the Virginia Lottery's
website the Authorized Sports Events, Leagues and Bets list.
E. When new sporting events, leagues, or bet types are
authorized by the director, the director shall update the Authorized Sports
Events, Leagues and Bets List.
F. A permit holder shall be responsible for keeping itself
up-to-date with respect to the contents of the Authorized Sports Events,
Leagues and Bets list.
G. At least 72 hours before any proposed new scheduled
sports event, a permit holder may request in writing that the director
authorize sporting events, leagues, or bet types not previously authorized.
H. The application shall be in the form and format
specified by the director, including, if applicable, the name of the sports
governing body and a description of its policies and procedures regarding event
integrity.
I. If a permit holder requests that the Virginia Lottery
authorize a sporting event of a type not generally conducted by that sports
league, the director may request input from that sports governing body.
J. Before authorizing a request for a new sporting event,
league, bet type, or any portion of a sporting event, league, or bet type, the
director shall consider:
1. Input from the sports governing body or conductor of the
sporting event;
2. Whether the outcome of the sporting event is determined
solely by chance;
3. Whether the outcome of the sporting event can be
verified;
4. Whether the event generating the outcome is conducted in
a manner that ensures sufficient integrity controls so the outcome can be
trusted;
5. Whether the outcome may be affected by any bet placed;
and
6. Whether the event is conducted in conformity with all
applicable laws.
11VAC5-70-180. Requests from sports governing bodies.
A. If a sports governing body has a good faith, reasonable
basis to believe such restriction, limitation or prohibition is reasonably
necessary to protect the integrity or the public's confidence in the integrity
of the sports governing body, by written request in the form and format
required by the director, a sports governing body may ask the director to
restrict, limit, or prohibit sports betting on its sporting events, or to
restrict the types of bets on such sporting events that may be offered by a
permit holder.
B. For any request made by a sports governing body under
subsection A of this section:
1. The requester shall bear the burden of establishing to
the satisfaction of the director that the relevant betting or other activity
poses a significant and unreasonable integrity risk;
2. The director shall seek input from affected permit
holders before making a determination on the request; and
3. If the director grants the request, the board shall
promulgate by regulation such restrictions, limitations, or prohibitions as
appropriate.
C. If the director denies a request made by a sports
governing body under subsection A of this section, the director shall notify the
requestor:
1.Of the decision;
2. That the decision may be reviewed by the board after an
Informal Fact-Finding Conference with the director or the director's designee
as provided by Article 1, Chapter 40 (§ 58.1-4007) of the Code of Virginia;
3. That the general process in 11VAC5-70-110 for appealing
the denial of a permit, including its timeframes and burden of proof, shall be
followed by the board; and
4. That the requestor must offer proof in opposition to the
director's decision.
D. A permit holder may not offer or take any bets in
violation of regulations promulgated by the board pursuant to this subsection.
11VAC5-70-190. Use of official league data.
A. In this section, "official league data" means
statistics, results, outcomes, and other data relating to a professional sports
event obtained by a permit holder under an agreement with a sports governing
body or with an entity expressly authorized by a sports governing body for
determining the outcome of a bet placed after the sporting event has started.
B. Unless a sports governing body, pursuant to this
section, has requested that permit holders use official league data to settle
bets, a permit holder may use any lawful data source for determining the result
of a wager. A permit holder shall not purchase or use any personal biometric
data unless the permit holder has received written permission from the athlete.
C. A permit holder shall report to the director the data
source that it uses to resolve sports wagers. The director may disapprove of a
data source for any reason, including the type of wager and method of data
collection.
D. A sports governing body may submit a request to the
director in the form and format required by the director to require permit
holders to use official league data to settle those bets placed after a
sporting event has started.
E. Within 60 days after notification from the director to
do so, permit holders shall use only official league data to determine the
results of bets placed after a sporting event has started.
F. Subsection E of this section shall not apply if:
1. The sports governing body is unable to provide, on
commercially reasonable terms as determined by the director, a feed of official
league data; or
2. A permit holder demonstrates to the director that a sports
governing body has not provided or offered to provide a feed of official league
data to the permit holder on commercially reasonable terms, by providing the
director with sufficient information to show:
a. The availability of a sports governing body's official
league data for such bets from more than one authorized source;
b. Market information regarding the purchase, in Virginia
and in other states, by permit holders of data from all authorized sources;
c. The nature and quantity of the data, including the
quality and complexity of the process used for collecting the data; and
d. Any other information the director requires.
G. While the director is considering whether official
league data is available on commercially reasonable terms pursuant to this section,
a permit holder may use any lawful data source for determining the results of
bets placed after a sporting event has started, unless otherwise determined by
the director.
11VAC5-70-200. System integrity and security assessment.
A. Within 90 days after beginning operations and annually
thereafter, a permit holder shall engage an independent testing laboratory or
an independent firm approved by the director to perform a system integrity and
security assessment of its sports betting operations.
B. The scope of the integrity and security assessment
shall include, at a minimum, all of the following:
1. A vulnerability assessment of internal, external, and
wireless networks with the intent of identifying vulnerabilities of all
devices, internet sports betting platforms, and applications transferring,
storing, or processing personally identifiable information (PII) or other
sensitive information connected to or present on the networks;
2. A penetration test of all internal, external, and
wireless networks to confirm if identified vulnerabilities of all devices,
internet sports betting platforms, and applications are susceptible to
compromise;
3. A technical security control assessment against the
provisions of the sports betting law and this chapter consistent with generally
accepted professional standards and as approved by the director;
4. An evaluation of information security services, cloud
services, payment services (financial institutions, payment processors, etc.),
location services, and any other services that may be offered directly by the
permit holder or involve the use of third parties; and
5. Any other specific criteria or standards for the
integrity and security assessment required by the director.
C. The independent testing laboratory or independent firm
shall issue a report on its assessment and submit it to the director. The
report shall include, at a minimum:
1. The scope of review;
2. Name and company affiliation of any individual who
conducted the assessment;
3. Date of assessment;
4. Findings;
5. Recommended corrective action, if any; and
6. Permit holder's response to the findings and recommended
corrective action.
11VAC5-70-210. Minors and prohibited players.
A. A permit holder may not permit wagers to be placed by
minors and shall maintain a system approved by the director through which it
verifies that wagers are not made by minors.
B. A permit holder shall submit to the director for
approval its methodology for verifying the age of an individual who wishes to
place a wager on a sporting event and shall notify the director before making
changes to its methodology or replacing a sports betting supplier or vendor who
provides age verification services for the permit holder.
C. A permit holder shall prevent a minor from collecting payouts
or winnings from its sports betting operation.
D. A permit holder shall confidentially maintain the
Virginia Lottery Exclusion List of prohibited individuals that is provided to
permit holders by the director and shall prevent prohibited individuals from
placing wagers through its platform. A permit holder shall maintain a system
approved by the director through which the permit holder verifies that wagers
are not placed by such prohibited individuals.
E. A permit holder shall submit to the director for
approval its screening methodology for preventing prohibited individuals from
utilizing its sports betting platform and shall notify the director before
making any changes to its methodology.
F. A permit holder shall prohibit a prohibited individual
from placing a wager on a sporting event and from collecting payouts or
winnings.
11VAC5-70-220. Integrity monitoring.
A. A permit holder shall maintain membership in the Global
Lottery Monitoring System (GLMS), the Sports Wagering Integrity Monitoring
Service (SWIMA), or other integrity monitoring association or contract with an
integrity monitoring system provider as approved by the department.
B. A permit holder shall have controls in place to
identify unusual or suspicious wagering activity and report such activity to
the director according to the integrity monitoring system procedures approved
by the director.
C. A permit holder shall ensure that its integrity
monitoring system procedures provide for the sharing of information with each
other permit holder.
D. A permit holder shall review information and reports
from other permit holders and, as approved by the director, notify other permit
holders of any similar activity. A permit holder shall comply with the specific
reporting requirements designated in its internal control standards.
E. A permit holder shall immediately notify the director
of suspicious wagering activity, including previously reported unusual wagering
activity rising to the level of suspicious wagering activity.
F. A permit holder that reports on suspicious wagering
activity may suspend wagering on a sporting event related to the report.
G. A permit holder may void or cancel wagers related to
suspicious wagering activity only after receiving the approval of the director.
H. A permit holder's integrity monitoring system shall be
accessible to the director via remote access and shall produce, at a minimum:
1. Reports of all unusual wagering activity;
2. Reports of accounts showing unusual wagering activity
subsequently determined to be suspicious wagering activity;
3. Reports of all activity initially deemed suspicious
wagering activity; and
4. A summary of actions taken in response to all such
reports.
I. All information and data received by the director with
respect to unusual or suspicious wagering activity shall be considered
confidential, and such information and data may not be revealed in whole or in
part, except:
1. In compliance with a valid court order;
2. To any law-enforcement entity, regulatory agency,
governing authority, integrity monitoring organization, or other organization
necessary to facilitate integrity monitoring as approved by the director; or
3. An accredited sports governing body as required by the
director pursuant to the sports betting law.
11VAC5-70-230. Investigations; reporting.
A. For the purposes of this section, "regulated
entity" means a person or individual who is a permit holder, license
holder, or registrant.
B. A regulated entity shall cooperate in good faith with
an investigation conducted by the director, a sports governing body, or a
law-enforcement agency.
C. A regulated entity shall provide or facilitate
provision of account-level betting information and data files relating to
individuals placing wagers and any other information necessary for
investigations conducted by the director, a sports governing body, or a
law-enforcement agency.
D. During normal business hours, the director may enter
the premises of any facility of a regulated entity that is utilized by the
regulated entity to conduct or to assist in the conducting of sports betting
operations in the Commonwealth of Virginia for the purpose of inspecting
equipment, books, and records kept as required by the sports betting law or
this chapter to ensure that the regulated entity is in compliance with the
sports betting law and this chapter, or to make any other inspection as
necessary to enforce the sports betting law or this chapter. Failure to admit
the director or department staff after presentation of credentials shall be
grounds for the imposition of sanctions.
E. The director, department staff, and representatives of
any law-enforcement agency with jurisdiction may demand access to inspect the
business records of any regulated entity without the requirement of obtaining a
subpoena. Failure to provide access to the director or department staff after
presentation of credentials shall be grounds for the imposition of sanctions.
F. A regulated entity shall maintain all records relating
to the conduct of its sports betting operations in the Commonwealth of Virginia
for a period of at least five years.
G. The director may investigate the possibility of any of
the following activities:
1. Acceptance of a prohibited wager;
2. Transmission of material nonpublic information for the
purpose of wagering on a sporting event or to influence a wager;
3. Abnormal betting activity, unusual wagering activity,
suspicious wagering activity, or patterns that may indicate concerns about the
integrity of a sporting event;
4. Violations of the Virginia Comprehensive Money
Laundering Act (§ 18.2-246.1 et seq. of the Code of Virginia) or federal law
prohibiting money laundering;
5. Criminal, civil, administrative, or disciplinary
proceedings or nonroutine government or law enforcement investigations against
the regulated entity;
6. Offering or extending credit to a player;
7. Directly targeting sports betting advertisements or promotions
to minors;
8. Offering or accepting a wager on sporting events not
approved by the director, including high school and youth league sports events;
9. Offering or accepting any wager prohibited by the sports
betting law or this chapter;
10. Engaging in or facilitating illegal or suspicious
wagering activity;
11. Any complaints of illegal activity; or
12. Any other complaint, activity, or conduct that may
affect the integrity of sports betting in the Commonwealth of Virginia.
H. Referral of investigations.
1. Upon receipt of a report of prohibited conduct, the
director shall conduct a preliminary investigation.
2. After the preliminary investigation, if the director
concludes that the allegations contained in the report are credible, the director
shall refer the allegations to the appropriate law-enforcement agency.
3. If the alleged conduct occurred entirely or primarily
within the Commonwealth of Virginia, the referral shall be made to the Office
of the Attorney General.
4. If the alleged conduct occurred entirely or primarily
within a United States jurisdiction other than the Commonwealth of Virginia,
the referral shall be made to the Office of the Attorney General of that
jurisdiction and, if applicable, to any appropriate sports wagering regulatory
agency of that jurisdiction.
5. If the alleged conduct implicates interstate commerce or
any other violation of federal law, the referral shall be made to the Federal
Bureau of Investigation.
6. In addition to any referral under this subsection, if a
report alleged prohibited conduct by an athlete, upon determining that the
allegations in the report are credible, the director shall notify the
appropriate sports governing body in writing, including in the report the
identity of the athlete and a general description of the allegation.
I. A regulated entity shall immediately report to the
director any information relating to:
1. Criminal or disciplinary proceedings or nonroutine
government or law enforcement investigations commenced against the regulated
entity in connection with its operations in any jurisdiction;
2. Unusual or suspicious wagering activity or wagering
activities or patterns that may indicate a concern with the integrity of a
sporting event;
3. Any potential or actual breach of a sports governing
body's internal rules and codes of conduct pertaining to sports betting,
either:
a. Known to the regulated entity, or
b. That reasonably should have been known by the regulated
entity;
4. Conduct that corrupts, is intended to corrupt, or unduly
influences the betting outcome of a sporting event for the purposes of
financial gain, including match fixing; or
5. Suspicious or illegal wagering activities, including:
a. Cheating;
b. The use of funds derived from illegal activity;
c. Suspicious activities reported to the federal government
pursuant to AML laws and regulations;
d. Prohibited wagers;
e. Wagers to conceal or launder funds derived from illegal
activity;
f. Use of compensated agents or proxies to place wagers;
and
g. Use of false identification in connection with sports
betting activity.
J. Reporting prohibited conduct.
1. Reports submitted via the hotline established pursuant
to § 58.1-4043 of the Code of Virginia or by any other method shall include a
summary of the facts supporting the allegation.
2. The identity of an individual making a report and the
contents of any report under this subsection:
a. Shall be confidential and not subject to disclosure
under the Virginia Freedom of Information Act (§ 2.2-3700, et seq. of the Code
of Virginia); and
b. Shall not be disclosed for any reason except:
(1) As authorized by the individual;
(2) Upon referral of the allegation to law enforcement; or
(3) As ordered by a court of competent jurisdiction.
K. A regulated entity shall promptly report information
relating to conduct described in subdivisions I 2, I 3, and I 4 of this
section, to the relevant sports governing body and provide written notice of
that communication to the director. With respect to information provided by a
permit holder or supplier to a sports governing body, the sports governing body
may use such information only for integrity purposes and shall maintain the
confidentiality of such information unless disclosure is required by the
director, the sports betting law or other law, or a court order; if the permit
holder or supplier consents to disclosure; or if the director determines that
disclosure is necessary to allow the sports governing body to conduct and
resolve integrity-related investigations.
L. Upon request of the director, a regulated entity
promptly shall share with the director, in the form and format required by the
director at the account level information regarding a bettor; amount and type
of wager; the time the wager was placed; the location of the wager, including
the internet protocol address if applicable; the outcome of the wager; and
records of abnormal, unusual, or suspicious wagering activity.
M. If a sports governing body notifies the director that
real-time information sharing for wagers placed on its sporting events is
necessary and desirable, a regulated entity shall share the information
described in subsection L of this section with the sports governing body or its
designee with respect to wagers on the sports governing body sporting events.
Such information may be provided in anonymized form and may be used by a sports
governing body solely for integrity purposes.
11VAC5-70-240. Advertising and marketing.
A. A permit holder shall maintain and make available to
the director upon request all advertising, marketing, and promotional materials
developed by or on behalf of the permit holder by a supplier or vendor.
B. A supplier or vendor that advertises, markets, or
offers promotions on behalf of more than one permit holder or without
affiliation to any permit holder shall maintain and make available to the
director upon request all advertising, marketing, and promotional materials
related to sports betting in the Commonwealth of Virginia that it has
developed.
C. A permit holder may not directly target sports betting
advertisements or promotions to minors.
D. Advertising, marketing, and promotional materials shall
include a responsible gaming message, which includes, at a minimum, a
director-approved problem gambling helpline number and an assistance and
prevention message, except as otherwise permitted by the director for certain
mediums such as social media messages.
E. A permit holder shall communicate the minimum legal age
to participate on any website, mobile application, and other mediums or forms
of advertising, marketing, and promotions, except as otherwise permitted by the
director for certain mediums such as social media messages.
F. A permit holder shall comply strictly with all state
and federal standards to make neither false or misleading claims, nor to create
a suggestion that the probabilities of winning or losing with the permit
holder's sports betting platform are different than those actually experienced.
G. Advertising, marketing, and promotional materials may
not contain images, symbols, celebrity or entertainer endorsements, or language
designed to appeal specifically to individuals younger than 21 years of age.
H. Advertising, marketing, and promotional materials may
not feature anyone who is or appears to be younger than 21 years of age except
for professional athletes who may be minors.
I. A permit holder may not advertise in a media outlet
(including social media) that appeals primarily to individuals younger than 21
years of age.
J. Advertisements may not be placed with such intensity
and frequency that they represent saturation of that medium or become
excessive.
K. Advertising, marketing, or promotional materials may
not contain claims or representations that sports betting will guarantee an
individual's social, financial, or personal success.
L. Advertising, marketing, or promotional materials may
not be placed before an audience where the majority of the participants is
presumed to be younger than 21 years of age or that targets potentially vulnerable
persons, including self-excluded bettors.
M. Advertising, marketing, or promotional materials may
not imply that chances of winning increase the more one participates in, or the
more one spends on, sports betting.
N. A permit holder, or a supplier or vendor acting on
behalf of a permit holder, shall discontinue targeted advertising and marketing
to a self-excluded individual's mobile device through direct messaging or text,
email, or through other contact information collected by the permit holder,
supplier, or vendor.
O. Advertising, marketing, or promotional materials may
not be placed on any website or printed page or medium devoted primarily to
responsible gaming.
P. Advertising, marketing, or promotional materials shall
neither contain nor imply lewd or indecent language, images, or actions.
Q. Advertising, marketing, and promotional materials shall
reflect generally accepted contemporary standards of good taste.
R. All direct advertising, marketing, and promotions via
email or text message shall allow the option to unsubscribe.
S. A permit holder shall respect user privacy and comply
with all applicable legal privacy requirements, including those requiring
governing consent.
T. A permit holder shall provide the requirements of this
section to advertising, marketing, and promotions personnel, contractors,
agents, and agencies and shall require compliance.
U. Cooperative marketing with ABC licensee
1. For purposes of this subsection:
(a) "ABC licensee" means a person to whom a
license has been issued pursuant to the provisions of Title 4.1 of the Code of
Virginia.
(b) "Casino gaming operator" and "casino
gaming establishment" shall have the meanings established in Chapter 41 (§
58.1-4100 et seq.) of Title 58.1 of the Code of Virginia.
(c) "Major league sports franchise" and
"motor sports facility" shall have the meanings established in §
58.1-4030 of the Code of Virginia.
2. A permit holder shall not combine its sports betting
platform marketing efforts with those of an ABC licensee for the parties'
mutual benefit, except as follows:
(a) A permit holder that is a (i) motor sports facility or
(ii) motor sports facility operator may combine its platform marketing efforts
with those of an ABC licensee, provided such marketing is limited to consumers
physically located on the premises of the motor sports facility;
(b) A permit holder that is a major league sports franchise
may combine its platform marketing efforts with those of an ABC licensee,
provided such marketing is limited to consumers physically located on the
premises of the stadium where the sports franchise plays its games; and
(c) A permit holder that is a casino gaming operator may
combine its platform marketing efforts with those of an ABC licensee, provided
such marketing is limited to consumers physically located on the premises of
the casino gaming establishment.
3. Prior to marketing its platform as permitted in this
section, a permit holder must be able to demonstrate to the satisfaction of the
director:
(a) Compliance with all applicable zoning ordinances; and
(b) Approval of the local governing body in the form of an
ordinance allowing such marketing to occur with respect to the permit holder's
motor sports facility, stadium, or casino gaming establishment.
11VAC5-70-250. Reporting requirements.
A. A permit holder shall report to the director by January
15 of each year:
1. The total amount of wagers received from players in the
Commonwealth of Virginia for the immediately preceding calendar year;
2. The adjusted gross revenue of the permit holder in the
Commonwealth of Virginia for the immediately preceding calendar year;
3. The aggregate annual payout of the permit holder for the
immediately preceding calendar year; and
4. Any additional information required by the director.
B. A permit holder shall promptly report to the director
any information relating to:
1. The name, home address, and date of birth of any new
officer, director, general partner, manager, trustee, or principal of the
permit holder or supplier or their parent, holding, intermediary, or subsidiary
(whether or not wholly owned), and the individual shall submit to the director
any required application within 30 days;
2. Potential purchase or sale, transfer, assignment, gift
or donation, or other disposal or acquisition of 5.0% or more ownership in the
permit holder, with an acknowledgment that the transaction may require an
application and findings of suitability and may not occur until advance
approval is given by the director, unless the ownership is of a publicly-traded
entity not otherwise considered a change in control; and
3. The resignation, termination, removal, or departure of
any new officer, director, general partner, manager, trustee, or principal of
the permit holder, its parent, holding, intermediary, or subsidiary (whether or
not wholly owned).
11VAC5-70-260. House rules.
A. A permit holder shall adopt comprehensive house rules
that shall be submitted to the director for approval with the initial
application for a permit. Amendments to the House Rules shall be submitted to
the director for approval.
B. House Rules shall address at least the following items:
1. A method for the calculation and payment of winning
wagers;
2. The effect of schedule changes;
3. The method of notifying players of odds or proposition
changes;
4. Acceptance of wagers at terms other than those posted;
5. The method of contacting the permit holder for questions
and complaints;
6. A description of prohibited individuals and others who
may be restricted from placing a wager;
7. The permissible methods of funding a wager; and
8. A description of all types of wagers that may be
accepted.
C. House rules shall include a provision prohibiting the
structuring of bets to avoid federal currency transaction reporting thresholds.
D. House rules shall put players on notice that wagers are
subject to AML standards, including triggers and requirements for filing of
currency transaction reports and suspicious activity reports.
E. House rules shall disclose the operator's ability to
limit the maximum bet amount.
F. House rules shall be readily available on the permit
holder's websites and mobile applications.
11VAC5-70-270. Sports betting platform requirements.
A. All wagers on sporting events authorized by the sports
betting law and this chapter shall be initiated, received, and otherwise made
within the Commonwealth of Virginia unless otherwise permitted by federal law.
Consistent with the Unlawful Internet Gambling Enforcement Act (31 USC §§ 5361-5367),
the intermediate routing of electronic data relating to the lawful intrastate
sports betting authorized under the sports betting law and this chapter shall
not determine the location in which such bet is initiated and received.
B. Before a permit holder is issued its permit, all
equipment and software used in conjunction with its operation shall be
submitted to an independent testing laboratory approved by the director.
C. A sports betting platform submitted to an approved
independent testing laboratory shall contain:
1. A complete, comprehensive, technically accurate
description and explanation of the sports betting platform;
2. Detailed operating procedures of the sports betting
platform;
3. A description of the risk management framework,
including:
a. User access controls for all permit holder personnel;
b. Information regarding segregation of duties;
c. Information regarding automated risk-management
procedures;
d. Information regarding identifying and reporting fraud
and suspicious activity;
e. Controls for ensuring regulatory compliance;
f. A description of AML compliance standards;
g. A description of all software applications that comprise
the system;
h. A description of all types of wagers available to be
offered by the system;
i. A description of all types of third-party systems
proposed for utilization; and
j. A description of the method proposed by the permit
holder to prevent past posting.
D. Upon request, a permit holder shall promptly provide
the director with relevant reports and documentation that shall include, at a
minimum:
1. Complete access to all wagers, including canceled,
voided, pending, and redeemed wagers;
2. The ability to query or sort wagering data; and
3. The ability to export wagering data.
E. A permit holder or the supplier providing a permit
holder's sports betting platform shall maintain all transactional wagering data
for a period of five years.
F. The house rules that apply to wagers placed on a sports
betting platform shall be readily available to a player.
G. A sports betting platform shall be capable of
recording, for each wager made:
1. Description of the sporting event;
2. Wager selection;
3. Type of wager;
4. Amount of wager;
5. Date and time of the wager;
6. Unique wager identifiers;
7. Player identification number;
8. Current wager status (i.e., active, canceled, voided,
pending, etc.);
9. Relevant location information;
10. Results of the wager;
11. Amount won; and
12. Date and time the winning wager was paid to the player.
H. A sports betting platform that offers live betting
shall be capable of:
1. Accurate and timely updates of odds for live betting
wagers;
2. Notifying a player of any change in odds that is not beneficial
to the player while the wager is selected but before it is placed;
3. Allowing players to confirm the wager after notification
of the odds change; and
4. Freezing or suspending the offering of wagers when
necessary.
I. A sports betting platform shall be capable of:
1. Creating wagers;
2. Settling wagers;
3. Voiding wagers;
4. Canceling wagers; and
5. Preventing the acceptance of wagers on prohibited sports
events.
J. When a wager is voided or canceled, a sports betting
platform shall indicate clearly that the transaction was voided or canceled,
render the transaction nonredeemable, and make an entry in the system
indicating the voiding or cancellation of the wager.
K. Unless approved in advance by the director. a permit
holder or a supplier providing a permit holder's sports betting platform may
not alter the odds or any other material aspect of the transaction after a
player's wager has been accepted.
L. A sports betting platform shall prevent past posting of
wagers and the voiding and cancellation of wagers after the outcome of an event
is known.
M. If a player has a pending wager and the player
subsequently self-excludes, the wager may settle and the funds and account
balance shall be returned to the player in accordance with the permit holder's
internal control standards.
N. At least once every 24 hours, a sports betting platform
shall perform an authentication process on all software used to offer, record,
and process wagers to ensure there have been no unauthorized modifications. As
part of this authentication process, the sports betting platform must be able
to detect if any system component is determined to be invalid in the event of
an authentication failure.
O. In the event of an authentication failure, the permit
holder shall notify the director within 24 hours of the failure. The results of
all authentication attempts shall be recorded by the sports betting platform
and maintained for a period of 90 days.
P. A sports betting platform shall have controls in place
to review the accuracy and timeliness of any data feeds used to offer or settle
wagers. If an incident or error occurs that results in a loss of communication
with the data feeds used to offer or redeem wagers, such error shall be
recorded in a log capturing the date and time of the error, the nature of the
error, and a description of its impact on the system's performance. Such
information shall be maintained for a minimum period of two years.
Q. A permit holder and a supplier providing a permit
holder's sports betting platform shall grant the director access to wagering
systems, transactions, and related data as deemed necessary and in the manner
required by the director.
R. A sports betting platform shall provide a process for
the director to query and export, in the format required by the director, all
sports betting platform data.
S. Additional system specifications may be specified by
the director through the issuance of a technical bulletin.
11VAC5-70-280. Geolocation systems.
A. A permit holder shall keep its geolocation system up to
date, including integrating current solutions in real time that can detect the
use of remote desktop software, rootkits, virtualization, or any other programs
identified by the director as having the ability to circumvent geolocation
measures.
B. At least every 90 days, the integrity of the
geolocation system shall be reviewed by the permit holder to ensure that the
system detects and mitigates existing and emerging location fraud risks.
C. In order to prevent unauthorized placement of an internet
sports betting wager by an individual not within the Commonwealth of Virginia,
the sports betting platform must utilize a geofencing system to reasonably
detect the physical location of an individual attempting to access the sports
betting platform and place an internet sports betting wager and to monitor and
block unauthorized attempts to place an internet sports betting wager when an
individual is not within the permitted boundary.
D. The geofencing system must ensure that an individual is
located within the permitted boundary when placing an internet sports betting
wager and must be equipped to dynamically monitor the individual's location and
block unauthorized attempts to place an internet sports betting wager when an
individual is not within the permitted boundary.
E. The director may issue additional geolocation
requirements in the form of a technical bulletin.
11VAC5-70-290. Player accounts.
A. Wagering on sporting events is permitted only by a
player who has established a player account with an approved permit holder.
B. The information necessary to initiate a player account
shall be recorded and maintained for a period of five years and shall include
at least:
1. Player's legal name;
2. Player's date of birth;
3. Player's residential address (other than a post office
box) and mailing address if different;
4. Player's phone number;
5. Player's active email address;
6. Player's social security number ("SSN") or
equivalent for a foreign player who intends to place a wager within the
Commonwealth of Virginia, such as a passport or taxpayer identification number.
The player may enter only the last four digits of a SSN if other factors are
sufficient to determine the entire nine-digit SSN within a reasonable time;
7. Verification that the player is not prohibited by the
sports betting law or this chapter from participating in sports betting; and
8. Document number of the government-issued identification
credentials entered, or other methodology for remote, multi-source
authentication, which may include third-party and governmental databases, as
approved by the director.
C. A permit holder shall record the player's acceptance of
the terms and conditions and privacy policy and acknowledgment that the
information provided is accurate and the player is prohibited from allowing any
other person to access or use the player's player account.
D. If a permit holder determines that the information
provided by a player to make a deposit or process a withdrawal is inaccurate or
incapable of verification; fails to verify the identity of the player; or the
player violates the policies and procedures of the permit holder, the permit
holder shall, within 21 days, require the submission of additional information
from the player that can be used to remedy any violation or failure to verify
the identity or funds deposit or withdrawal information of the player. If such
information is not provided or does not result in verification of the player's
identity or deposit or withdrawal information, the permit holder shall:
1. Immediately suspend the player account and not allow the
player to place wagers;
2. Submit any winnings attributable to the player to the
director for distribution to the Commonwealth's Problem Gambling Treatment and
Support Fund;
3. Refund the balance of deposits made to the account to
the source of such deposit or by issuance of a check; and
4. Deactivate the account.
E. A permit holder shall notify the player of the
establishment of the player account by email, text message, or first-class
mail. When a player account is created, a secure personal identification (e.g.,
a unique username and password) for the player authorized to use the player
account shall be established that is reasonably designed to prevent
unauthorized access to, or use of, the player account by any individual other
than the player for whom the player account is established.
F. A player may have only one player account for each
permit holder.
G. A player account may be funded using:
1. A debit card;
2.A credit card;
3. An electronic bank transfer, including a transfer
through third parties;
4. An online or mobile payment systems that supports online
money transfers;
5. Winnings or payouts;
6. Bonuses and promotions;
7. Reloadable prepaid card, which has been verified as
being issued to the player and is non-transferable; and
8. Any other means approved by the board.
H. Funds may be withdrawn from a player account through:
1. Wagers;
2. Cashier's check, wire transfer, or money order by the
permit holder made payable to the player and issued directly or delivered to
the player's address on file with the permit holder;
3. Credits to the player's debit card;
4. Credits to the player's credit card;
5. Electronic bank transfers, including transfers through
third parties;
6. Online or mobile payment systems that support online
money transfers;
7.Reloadable prepaid card, which has been verified as being
issued to the player and is nontransferable; or
8. Any other means approved by the board.
I. A player's request for withdrawal of funds (i.e.,
deposited and cleared funds or funds won) in the individual's player account
shall be completed within 10 days unless there is a pending unresolved player
dispute or investigation prompted by a player dispute or the director. Funds
for withdrawal may be withheld from withdrawal until the funding transaction
clears or the chargeback period ends.
J. All adjustments to a player account for individual
amounts of $500 or less shall be periodically reviewed by the permit holder
consistent with the permit holder's internal control standards. All other
adjustments shall be authorized by the permit holder's management before being
entered.
K. A permit holder shall not allow the transfer of funds
or credits between players.
L. Each transaction with respect to a player account
between a player and permit holder, except the placement or settlement of a
wager, shall be confirmed by email, telephone, text message, or other means
agreed upon by the player and permit holder.
M. A permit holder shall provide an account statement to a
player on demand. An account statement shall include detailed account activity
for at least six months preceding the 24-hour period before the request. In
addition, permit holders shall, upon request, be capable of providing to a
player a summary statement of all player activity during the previous 12
months.
N. A permit holder shall suspend wagers from being made
and immediately reverify a player's identification upon reasonable suspicion
that the player's identification or player account has been compromised.
O. A permit holder shall offer an easily accessible method
for a player to close the player's account. Any balance remaining in an account
closed by a player shall be refunded pursuant to the permit holder's internal
control standards within 10 days of notice from the player.
P. A sports betting platform shall employ a mechanism that
can detect and prevent any player-initiated wagering or withdrawal activity
that would result in a negative balance of a player account.
Q. A player's account shall be disabled by the permit
holder after three failed login attempts and require multi-source
authentication to recover or reset a password or username.
R. A permit holder shall suspend a player account if:
1. The player asks for suspension for a specified period
not less than 72 hours as a self-limiting measure;
2. Required by the director;
3. The permit holder determines that the player may be a
prohibited individual; or
4. The permit holder knows or has reason to know of:
a. Illegal activity related to the account;
b. A negative account balance;
c. Five failed ACH deposit attempts within a 24-hour
period; or
d. A violation of the terms and conditions that has taken
place on the player's account.
S. When a sports betting account is suspended, the player shall
be prevented from:
1. Wagering;
2. Depositing funds, unless the reason for the deposit is
to clear a negative balance that resulted in the suspension;
3. Withdrawing funds, unless the reason for the suspension
would not prohibit a withdrawal;
4. Making changes to the player account; or
5. Removing the player account from the sports betting
platform.
T. A suspended player account may be restored:
1. Upon expiration of the time period established by the
player;
2. When permission is granted by the director;
3. When the player is no longer a prohibited individual; or
4. When the permit holder has lifted the suspended status.
11VAC5-70-300. Internal control standards.
A. A permit holder and its sports betting platform
supplier shall develop and maintain internal control standards that meet or
exceed industry standards as approved by the director.
B. A permit holder's internal control standards shall
address at a minimum:
1. Safeguarding assets and revenues;
2. Safeguarding player accounts;
3. Requirements for internal and independent audits of the
permit holder and its sports betting platform supplier;
4. User access controls for all personnel;
5. Segregation of duties among personnel;
6. Automated and manual risk management procedures;
7. Procedures for identifying and reporting fraud,
cheating, and suspicious or unusual wagering activity;
8. Procedures for identifying and preventing sports betting
by prohibited individuals;
9. Description of its AML compliance standards;
10. Description of all types of wagers available to be
offered by the permit holder;
11. Description of all integrated third-party hardware,
software, or systems;
12. A monitoring system to identify irregularities in
volume or odds and swings that could signal unusual or suspicious wagering
activity that should require further investigation; and
13. A wager or attempt to wager above any maximum wager
threshold set by the permit holder that qualifies as unusual or suspicious
wagering.
11VAC5-70-310. Information security system.
A permit holder shall implement, maintain, regularly
review and revise, and comply with a comprehensive information security system,
the purpose of which shall be to take reasonable steps to protect the
confidentiality, integrity, and availability of personal information of
individuals who place a wager with the permit holder, and shall contain
administrative, technical, and physical safeguards appropriate to the size,
complexity, nature, and scope of the operations and the sensitivity of the
personal information owned, licensed, maintained, handled, or otherwise in the
possession of the permit holder.
NOTICE: Forms used in
administering the regulation have been filed by the agency. The forms are not
being published; however, online users of this issue of the Virginia Register
of Regulations may click on the name of a form with a hyperlink to access it.
The forms are also available from the agency contact or may be viewed at the
Office of the Registrar of Regulations, 900 East Main Street, 11th Floor,
Richmond, Virginia 23219.
FORMS (11VAC5-70)
The following forms are available online only at https://www.valottery.com/aboutus/casinosandsportsbetting
(eff. 10/15/2020)
Permit Holder Application
Supplier Application
Vendor Application
Principal Application
Principal Entity Application
Employee Application
CHAPTER 80
SPORTS BETTING CONSUMER PROTECTION PROGRAM
11VAC5-80-10. Definitions.
The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise.
"Board" means the Virginia Lottery Board
established by the Virginia Lottery Law.
"Department" or "Virginia Lottery"
means the Virginia Lottery Department, the independent department that pursuant
to § 58.1-4031 of the Code of Virginia is responsible for the operation of the
Commonwealth's sports betting program set forth in Articles 1 (§ 58.1-4000 et
seq.) and 2 (§ 58.1-4030 et seq.) of Chapter 40 of Title 58.1 of the Code
of Virginia.
"Director" means the Executive Director of the
Virginia Lottery or the director's designee.
"Individual" means a human being and not a
corporation, company, partnership, association, trust, or other entity.
"Permit holder" means a person who has been
issued a permit by the director to operate a sports betting platform.
"Person" means any individual, corporation,
partnership, association, cooperative, limited liability company, trust, joint
venture, government, political subdivision, or any other legal or commercial
entity and any successor, representative, agent, agency, or instrumentality
thereof.
"Player" or "sports bettor" means an
individual physically located in Virginia who participates in sports betting.
"Sports betting" means placing wagers on
professional sports, college sports, sporting events, and any portion thereof,
and includes placing wagers related to the individual performance statistics of
athletes in such sports and events. "Sports betting" includes any
system or method of wagering approved by the director, including single-game
bets, teaser bets, parlays, over-under, moneyline, pools, exchange wagering,
in-game wagering, in-play bets, proposition bets, and straight bets.
"Sports betting" does not include (i) participating in charitable
gaming authorized by Article 1.1:1 (§ 18.2-340.15 et seq.) of Chapter 8 of
Title 18.2 of the Code of Virginia; (ii) participating in any lottery game
authorized under Article 1 (§ 58.1-4000 et seq.) of Chapter 40 of Title 58.1 of
the Code of Virginia; (iii) wagering on horse racing authorized by Chapter 29
(§ 59.1-364 et seq.) of Title 59.1 of the Code of Virginia; (iv) participating
in fantasy contests authorized by Chapter 51 (§ 59.1-556 et seq.) of Title 59.1
of the Code of Virginia; (v) placing a wager on a college sports event in which
a Virginia public or private institution of higher education is a participant;
or (vi) placing a wager on sports events organized by the International Olympic
Committee.
"Sports betting law" means Article 2 (§
58.1-4030 et seq.) of Chapter 40 of Title 58.1 of the Code of Virginia.
"Sports betting platform" means a website,
mobile application, or other platform accessible via the internet or mobile,
wireless, or similar communications technology that sports bettors use to
participate in sports betting.
11VAC5-80-20. Sports bettors' bill of rights.
A. A permit holder shall make conspicuously available on
its platform a link to the Virginia Sports Bettors' Bill of Rights on the
department's website and afford its players the protections found in that
document.
B. A permit holder may not, as a condition of use of the
permit holder's sports betting platform, require any player to waive any right,
forum, or procedure including the right to pursue legal action or to file a
complaint with, or otherwise notify, any instrument of the state or federal
government, including a Commonwealth's Attorney, law enforcement, courts, and
state and federal agencies, of any alleged violation of the sports betting law,
this chapter, or any other applicable law, regulation, or administrative
policy.
11VAC5-80-30. Complaints.
A. A permit holder shall develop and publish procedures by
which a sports bettor may file a complaint with the permit holder in person, in
writing, online, or by other means about any aspect of the sports betting
program.
B. A permit holder shall respond to any such complaint in
writing, via email, or via live chat within 15 days of the filing of the
complaint. If a sports bettor requests relief in a complaint and the requested
relief or part thereof will not be granted, the response to the complaint shall
state with specificity the reasons for the denial of relief.
C. If the response to a complaint is that additional
information is needed, the form and nature of the necessary information shall
be specifically stated. When additional information is received, further
response shall be required within seven days.
D. All complaints received by a permit holder from a
sports bettor and the permit holder's responses to complaints, including email
and live chat transcripts, shall be retained by the permit holder for at least
four years and made available to the department within seven days of any
request from the department.
11VAC5-80-40. Prohibition on out-of-state betting.
A permit holder shall ensure that only people physically
located in Virginia are able to place bets through the permit holder's
platform.
11VAC5-80-50. Underage betting.
A. A permit holder shall implement age-verification
procedures to verify that no sports bet is placed by or on behalf of an
individual younger than 21 years of age.
B. A permit holder shall promptly refund any money wagered
by or on behalf of a minor and close the account. A permit holder may withhold
and, if practicable and as approved by the department, redistribute to other
winners any winnings won by a minor upon a good faith determination, following
reasonable investigation, that the minor misrepresented his age in order to
place a sports bet.
C. A permit holder shall make available, publish, and
facilitate parental control procedures to allow parents or guardians to exclude
minors from access to any sports betting platform.
11VAC5-80-60. Compliance with tax laws; disclosure.
A permit holder shall comply with all applicable tax laws
and regulations, including (i) laws and regulations applicable to tax reporting
and (ii) laws and regulations applicable to providing information about
winnings to taxing authorities and to sports bettors.
11VAC5-80-70. Excluded individuals.
A.
A permit holder shall take such actions and establish such procedures as may be
necessary to identify and report to the department any activity prohibited by
the board's regulations and § 58.1-4041 of the Code of Virginia. Such actions
and procedures include:
1. Making known to all affected individuals and corporate
entities the prohibition against disclosure of proprietary or nonpublic
information that may affect sports betting or the outcome of sports betting to
any individual permitted to participate in sports betting; and
2. Making commercially reasonable efforts to exclude
individuals prohibited by the sports betting law from participating in sports
betting. The department shall maintain and distribute the Virginia Lottery
Exclusion List and a list of self-excluded individuals to permit holders for
the purpose of monitoring for and excluding such individuals from platforms
operated by the permit holder.
B. A permit holder, upon learning of a violation of § 58.1-4041
of the Code of Virginia, shall immediately bar an individual committing the
violation from participating in or disclosing proprietary or nonpublic information
about sports betting by:
1. Banning the individual committing the violation or
disclosing or receiving prohibited information from all sports betting
platforms operated by the permit holder;
2. Terminating any existing promotional agreements with the
individual; and
3. Refusing to make any new promotional agreements that
compensate the individual.
11VAC5-80-80. Corporate responsible gambling policies.
A. A permit holder's website or mobile application shall
prominently publish a responsible gambling logo in a manner approved by the
director and shall direct a player to the permit holder's responsible gambling
page.
B. A permit holder's website or mobile application shall
contain, at a minimum, the following:
1.???A prominent message that provides a
toll-free number approved by the director for individuals to use if the
individuals suspect they or someone they know may have a gambling problem; and
2.?????A clear statement of
the permit holder's commitment to responsible gaming and problem gambling
prevention.
C. A permit holder shall maintain a corporate policy on
responsible gambling that addresses the following:
1. Corporate commitment to responsible gambling and problem
gambling prevention;
2. Responsible gambling strategy with defined goals;
3. Senior executive staff members are accountable for
responsible gambling policies and programs;
4. Responsible gambling programs are embedded across all activities
of the organization;
5. Methods for tracking levels of understanding and
implementation of responsible gambling practices across its organization; and
6. Measures to ensure staff understand the importance of
responsible gaming and are knowledgeable about their roles and the company's
expectations of their actions. Such measures should include:
a. Corporate responsible gambling policies are explained to
employees along with local (e.g., site-specific) codes of practice, self-ban
procedures, and regulations;
b. Staff learn about problem gambling and its impact as
well as key responsible gambling information;
c. Staff are taught skills and procedures required of them
for assisting players who may have problems with gambling;
d. Staff are trained to avoid messages that reinforce
misleading or false beliefs;
e. All staff are trained upon hiring and are retrained
regularly;
f. Objectives are clear and accessible, training
accommodates different learning styles, and material is tested or reviewed with
staff;
g. A formal evaluation process is in place; and
h. Making reasonable efforts to ensure that the training
program or evaluation is informed by evidence-based research.
11VAC5-80-90. Sports betting platform features.
A sports betting platform must possess the following
features:
1. A prominent link to information about the permit
holder's self-exclusion program;
2. A mechanism for a player to take note of the passage of
time;
3. The ability to initiate a "cooling off" period
such as breaks in play and avoidance of excessive play;
4. Practices and procedures on the site do not reinforce
myths and misconceptions about gambling;
5. Information about the website's terms and conditions is
readily accessible;
6. Promotional or free games do not mislead players;
7. Notification to players of age-verification procedures;
8. Access to credit is prohibited;
9. Fund transfers and automatic deposits are prohibited or
restricted; and
10. Games display credits and spending as cash.
11VAC5-80-100. Security of funds and data.
A. A permit holder shall comply with all applicable state
and federal requirements for data security.
B. A permit holder shall not share information that could
be used to personally identify a sports bettor with any third party other than
the department, law enforcement with a warrant or subpoena, or a
credit-reporting agency, except when a better provides consent. Information
that could be used to personally identify a sports bettor includes gaming
habits, except when this information has been anonymized.
C. Funds in a sports bettor's player's account shall be
held either (i) in trust for the sports bettor in a segregated account or (ii)
in a special-purpose segregated account that is maintained and controlled by a
properly constituted corporate entity that is not the permit holder and whose
governing board includes one or more corporate directors who are independent of
the permit holder and of any corporation related to or controlled by the permit
holder. A corporate entity that maintains a special purpose segregated account
shall:
1. Require a unanimous vote of all corporate directors to
file bankruptcy and have articles of incorporation that prohibit commingling of
funds with those of the permit holder except as necessary to reconcile the
accounts of sports bettors with sums owed by those sports bettors to the permit
holder;
2. Be restricted from incurring debt other than to sports
bettors pursuant to the rules that govern their user accounts;
3. Be restricted from taking on obligations of the permit
holder other than obligations to sports bettors pursuant to the rules that
govern their user accounts; and
4. Be prohibited from dissolving, merging, or consolidating
with another company, other than a special-purpose corporate entity established
by another permit holder that meets the requirements of this section, while
there are unsatisfied obligations to sports bettors.
D. A permit holder shall maintain a reserve for bets that
are settled, plus the amount of outstanding and unsettled bets.
E. A permit holder shall implement and prominently publish
the following on its platform or within the terms and conditions inside the
sports betting platform:
1. Policies that prevent unauthorized withdrawals from a
sports bettor's account by a permit holder or others;
2. Notices that make clear that the funds in the segregated
account do not belong to the permit holder and are not available to creditors
other than the sports bettor whose funds are being held;
3. Policies that prevent commingling of funds in the segregated
account with other funds, including funds of the permit holder;
4. Consistent with the provisions of § 58.1-4043 of the
Code of Virginia, procedures for responding to and reporting on complaints by
sports bettors that their accounts have been misallocated, compromised, or
otherwise mishandled;
5. Procedures that allow a sports bettor to request
withdrawal of funds from the sports bettor's user account whether such account
is open or closed. The permit holder shall honor any sports bettor's request to
withdraw funds by the later of five days after receipt of the request or 10
days after submission of any tax reporting paperwork required by law unless the
permit holder believes in good faith that the sports bettor has engaged in
either fraudulent conduct or other conduct that would put the permit holder in
violation of this chapter, in which case the permit holder may decline to honor
the request for withdrawal for a reasonable investigatory period until the
permit holder's investigation is resolved if the permit holder provides notice
of the nature of the investigation to the sports bettor. For the purposes of
this subdivision, a request for withdrawal shall be considered honored if the
request is processed by the permit holder but is delayed by a payment
processor, a credit card issuer, or the custodian of a segregated account; and
6. Procedures that allow a sports bettor to permanently
close a player account at any time and for any reason. The procedures shall
allow for cancellation by any means, including by a sports bettor on any
platform used by that sports bettor to make deposits into a segregated account.
F. If winnings are awarded to a sports bettor with a
closed account, those winnings, to the extent that the winnings consist of
funds, shall be distributed by the permit holder within seven days, provided,
however, that if an account is closed on the basis of the permit holder's good
faith belief after investigation that the sports bettor has engaged in fraud or
has attempted to engage in behavior that would put the permit holder in
violation of this chapter, such winnings may be withheld, provided that the
winnings are redistributed in a manner that reflects the outcome that would
have resulted had that sports bettor not participated.
G. If a sports bettor's segregated account remains
unclaimed for five years after the balances are payable or deliverable to the
sports bettor, the permit holder shall presume the account to be abandoned. The
permit holder shall report and remit all segregated accounts presumed abandoned
to the State Treasurer or his designee pursuant to Chapter 25 (§ 55.1-2500 et
seq.) of Title 55.1 of the Code of Virginia. Before closing an account pursuant
to this subsection, a permit holder shall attempt to contact the player by mail,
phone, and email.
H. A permit holder shall prominently publish all
contractual terms and conditions and rules of general applicability that affect
a sports bettor's segregated account. Presentation of such terms, conditions,
and rules at the time a sports bettor initially acquires a segregated account
shall not be deemed sufficient to satisfy the provisions of this subsection.
11VAC5-80-110. Limitations on user accounts.
A. A permit holder shall not allow a sports bettor to
establish more than one user name or more than one user account per sports
betting platform.
B. A permit holder shall take commercially and
technologically reasonable measures to verify a sports bettor's identity and
shall use such information to enforce the provisions of this section.
C. A permit holder shall implement procedures to terminate
all accounts of any sports bettor who establishes or seeks to establish more
than one user name or more than one account whether directly or by use of
another individual as proxy. Such procedures may allow a sports bettor who
establishes or seeks to establish more than one user name or more than one
account to retain one account, provided that the permit holder investigates and
makes a good faith determination that the sports bettor's conduct was not
intended to commit fraud or otherwise evade the requirements of this chapter.
D. A permit holder shall not allow a sports bettor to use
a proxy server for the purpose of misrepresenting the sports bettor's location
in order to engage in sports betting.
E. A permit holder shall take commercially and
technologically reasonable measures to prevent one sports bettor from acting as
a proxy for another. Such measures shall include use of geolocation
technologies to prevent simultaneous logins to a single account from
geographically inconsistent locations.
11VAC5-80-120. Protections for at-risk or problem bettors.
A. In accordance with 11VAC5-60, sports bettors have the
right to self-exclude from and to self-impose restrictions on their
participation in sports betting in the Commonwealth. Sports bettors may
self-exclude through the voluntary exclusion program as provided in §
58.1-4015.1 of the Code of Virginia or directly with a permit holder. In
addition to participation in the voluntary exclusion program as provided in §
58.1-4015.1, a permit holder shall honor requests from a sports bettor to
self-exclude from all sports betting activities for a period of at least 72
hours, to set deposit limits, to set limits on the sports bettor's total
betting activity, or to limit participation to bets below an established limit.
B. A permit holder shall institute and prominently publish
procedures for sports bettors to implement the restrictions provided in
subsection A of this section. Such procedures shall include, at a minimum:
1. Opportunities to self-exclude from or to set
self-imposed limits on each permit holder's sports betting platform used by
that sports bettor to make deposits into a segregated account;
2. Options to set pop-up warnings concerning sports betting
activity: and
3. Options to implement limits and timeouts (e.g. cooling
off periods). Sports bettors shall have the option to adjust self-imposed
limits to make the limits more restrictive as often as the sports bettors like
but shall not have the option to make limits less restrictive until the prior
restriction has expired.
C. A permit holder shall not directly market sports
betting by mail, phone, email, or social media or by knowingly directing any
form of individually targeted advertisement or marketing material to a
prohibited individual as defined in 11VAC5-70-100.
D. A permit holder shall prominently publish a description
of opportunities for at-risk or problem bettors to receive assistance or that
direct sports bettors to a reputable source accessible in the Commonwealth of
such information.
E. A permit holder shall train employees on at-risk or
problem betting. Such training shall include training on policies and best
practices for identifying and assisting sports bettors who may be at-risk or
problem sports bettors.
F. A permit holder shall establish clear protocols for
staff to respond appropriately to:
1. A player in crisis or distress;
2. A player who discloses that he may have a problem with
gambling; and
3. Third-party concerns.
G. A permit holder shall develop and prominently publish
procedures for considering requests made by third parties to exclude or set
limits for sports bettors.
H. A permit holder's platform shall have systems in place
to identify players who may be at risk of having or developing problem gambling
to enable staff to respond appropriately.
I. A permit holder shall maintain a database of
interactions regarding gambling problems with players and a clear protocol for
documenting and using the data to assist players.
11VAC5-80-130. Prohibition on the extension of credit.
A permit holder shall not extend credit to a sports
bettor.
11VAC5-80-140. Promotional offers.
A. A permit holder shall fully and accurately disclose the
material terms of all promotional offers involving sports betting at the time
any such offer is advertised and provide full disclosure of the terms of and
limitations on the offer before the sports bettor provides anything of value in
exchange for the offer. If the material terms of a promotional offer cannot be
fully and accurately disclosed within the constraints of a particular
advertising medium, the material terms and conditions shall be accessed by
hyperlink that takes the individual directly to the material terms or directs
the individual to the site to access the offer or bonus terms and in reasonably
prominent size.
B. No promotional offer available to a sports bettor who
sets up a new user account may contain terms that delay full implementation of
the offer by the permit holder for a period of longer than 90 days, regardless
of the number or amount of wagers in that period by the sports bettor.
11VAC5-80-150. Advertising in general.
A. An advertisement for sports betting shall disclose the
identity of the permit holder.
B. An advertisement for sports betting may not depict:
1. Minors, other than professional athletes who may be
minors;
2. Students;
3. Schools or colleges; or
4. School or college settings.
Incidental depiction of nonfeatured minors shall not be
deemed a violation of this subsection.
C. An advertisement for sports betting shall not state or
imply endorsement by:
1. Minors, other than professional athletes who may be
minors;
2. Collegiate athletes;
3. Schools or colleges; or
4. School or college athletic associations.
D. A permit holder shall not intentionally use
characteristics of at-risk or problem bettors to target potentially at-risk or
problem bettors with advertisements.
E. An advertisement for sports betting in published media
shall (i) include information concerning assistance available to at-risk or
problem bettors or (ii) direct consumers to a reputable source for such
information. If an advertisement is not of sufficient size or duration to
reasonably permit inclusion of such information, that advertisement shall refer
to a website, application, or telephone hotline that does prominently include
such information.
F. Any representation concerning winnings:
1. Shall be accurate and capable of substantiation at the
time the representation is made;
2. Shall not mislead bettors about the outcomes of
gambling; and
3. Shall not misrepresent the odds of winning.
G. An advertisement is misleading if it makes
representations about average winnings without representing with equal
prominence the average net winnings of all sports bettors.
11VAC5-80-160. Restrictions on advertising to minors or at
schools or school sporting events.
A. An advertisement for sports betting published,
disseminated, circulated, broadcast, or placed before the public in the
Commonwealth shall not be aimed exclusively or primarily at minors.
B. A permit holder shall not advertise or run promotional
activities at elementary or secondary schools or on college campuses in the
Commonwealth.
DOCUMENTS INCORPORATED BY REFERENCE (11VAC5-80)
Virginia
Sports Bettors' Bill of Rights
VA.R. Doc. No. R21-6450; Filed September 23, 2020, 9:01 a.m.
TITLE 11. GAMING
VIRGINIA LOTTERY BOARD
Final Regulation
REGISTRAR'S NOTICE: The
Virginia Lottery Board is claiming an exemption from the Administrative Process
Act in accordance with the second enactment of Chapters 1218 and 1256 of the
2020 Acts of Assembly, which exempts the actions of the board relating to the
initial adoption of regulations implementing the provisions of the acts;
however, the board is required to provide an opportunity for public comment on
the regulations prior to adoption.
Titles of Regulations: 11VAC5-60. Self-Exclusion
Program (adding 11VAC5-60-10 through 11VAC5-60-60).
11VAC5-70. Sports Betting (adding 11VAC5-70-10 through 11VAC5-70-310).
11VAC5-80. Sports Betting Consumer Protection Program (adding 11VAC5-80-10 through 11VAC5-80-160).
Statutory Authority: §§ 58.1-4007, 58.1-4015.1, and
58.1-4030 through 58.1-4047 of the Code of Virginia.
Effective Date: October 12, 2020.
Agency Contact: Amy Dilworth, General Counsel, Virginia
Lottery, 600 East Main Street, 22nd Floor, Richmond, VA 23219, telephone (804)
664-0717, or email adilworth@valottery.com.
Summary:
The regulatory action creates three new chapters, 11VAC5-60
(Self-Exclusion Program), 11VAC5-70 (Sports Betting), and 11VAC5-80 (Sports
Betting Consumer Protection Program), to establish a sports betting regulatory
program administered by the Virginia Lottery pursuant to Chapters 1218 and 1256
of the 2020 Acts of Assembly. The regulations (i) implement a self-exclusion
program for individuals who voluntarily agree to refrain from playing
account-based lottery games, participating in sports betting, and participating
in gaming activities administered by the Office of Charitable and Regulatory
Programs and the Virginia Racing Commission; (ii) contain the requirements for
sports betting platform operators and their principals, suppliers, vendors, and
employees, including the permit application and vetting process, operational
standards and oversight, and enforcement procedures; and (iii) outline the
consumer protection measures required of sports betting platform operators.
CHAPTER 60
SELF-EXCLUSION PROGRAM
11VAC5-60-10. Definitions.
The following words and terms when used in this chapter
shall have the following meanings unless the context clearly indicates
otherwise.
"Department" or "Virginia Lottery"
means the Virginia Lottery Department, the independent department that pursuant
to § 58.1-4031 of the Code of Virginia is responsible for the operation of the
Commonwealth's sports betting program set forth in Articles 1 (§ 58.1-4000 et
seq.) and 2 (§ 58.1-4030 et seq.) of Chapter 40 of Title 58.1 of the Code
of Virginia.
"Self-excluded individual" means any individual
whose name is included, at the individual's own request, on the self-exclusion
list maintained by the department.
"Self-exclusion list" means a list maintained by
the department of names of individuals who, pursuant to this chapter, have
voluntarily agreed to refrain from (i) playing any account based lottery game
authorized under the provisions of the Virginia Lottery Law; (ii) participating
in sports betting, as defined in § 58.1-4030 of the Code of Virginia; and (iii)
participating in gaming activities administered by the Office of Charitable and
Regulatory Programs or the Virginia Racing Commission. Self-excluded individuals
whose names are on the self-exclusion list are prohibited from collecting any
winnings or recovering any losses resulting from violation of the restrictions
to which such individuals have agreed.
"Targeted mailing" means an advertisement or promotional
offer directed to an individual on the basis of specific criteria, such as
being a member or former member of a casino rewards club, a former sports
betting participant, or a participant in social games. "Targeted
mailing" does not include mass mailings made to an entire area or zip code
nor does it include an advertisement that arrives in a packet of five or more
non-gaming advertisements if such packet of advertisements is addressed to
"resident," "occupant," or some similar wording and not to
a specific individual. "Targeted mailing" further does not include
any internet "pop-up" advertisement that appears on an individual's
computer or mobile device on the basis of the individual's internet protocol
address.
"Thing of value" means anything of value that
may be used to engage in lottery or sports betting activity, including cash and
other forms of payment permissible under Chapter 40 (§ 58.1-4000 et seq.)
of Title 58.1 of the Code of Virginia as well as free play offers and
incentives.
"Winnings" means the aggregate total of proceeds
from each individual winning lottery ticket or sports wager and shall not be
reduced by any individual losses resulting from such activities.
11VAC5-60-20. Request for self-exclusion.
A. An individual may have his name placed on the
self-exclusion list by submitting a request in the form and manner required by
this section.
B. An individual requesting placement on the
self-exclusion list shall submit a completed request for self-exclusion over
the internet as required by this chapter. If an individual requests to be
placed on the self-exclusion for life list, such request shall be made in
person at department headquarters or any other location specified by the
department.
C. An individual requesting placement on the self-exclusion
for life list shall submit, in person, a completed request for self-exclusion
as required by this chapter. The request shall be delivered to department
headquarters or any other location specified by the department. Any individual
submitting a self-exclusion for life request shall be required to present valid
identification credentials containing the individual's signature and either a
photograph or a general physical description.
D. A request for self-exclusion shall be in a form
prescribed by the department that shall include:
1. The following identifying information concerning the
individual submitting the request:
a. Name, including any aliases or nicknames;
b. Date of birth;
c. Street and mailing address of current residence;
d. Telephone number; and
e. Social Security Number, which information is voluntarily
provided in accordance with § 7 of the Privacy Act (5 USC § 552a);
2. The length of self-exclusion requested by the
individual:
a. Two years;
b. Five years; or
c. Lifetime;
3. An acknowledgment that individuals on the self-exclusion
list shall be prohibited from participating in any form of legalized gaming in
the Commonwealth and are prohibited from collecting any winnings or recovering
any losses resulting from violation of the restrictions to which such
individuals have agreed;
4. An acknowledgment that the department shall coordinate
the administration of the self-exclusion program with the Office of Charitable
and Regulatory Programs and the Virginia Racing Commission pursuant to procedures
developed by the department;
5. An acknowledgment that the department will share the
self-exclusion list with operators of legal gambling in the Commonwealth and
that such operators, pursuant to their own policies, may extend the exclusion
of the individual to offerings at the operators' locations outside the borders
of the Commonwealth;
6. An acknowledgment that the individual requesting
self-exclusion shall notify the department within seven days if the
individual's address or other contact information changes; and
7. A waiver and release that shall release and forever
discharge the Commonwealth of Virginia, the department, the department's
employees and agents, all holders of permits to operate a sports betting
platform and their employees and agents, the Office of Charitable and
Regulatory Programs, and the Virginia Racing Commission and their employees and
agents from any liability to the individual requesting self-exclusion, as
applicable, and the individual's heirs, administrators, executors, and assigns
for any harm, monetary or otherwise, that may arise out of or by reason of any
act or omission relating to the request for self-exclusion or request for
removal from the self-exclusion list, including:
a. The processing or enforcement of the request for
self-exclusion or request for removal from the self-exclusion list;
b. The failure to withhold gaming privileges from or
restore gaming privileges to a self-excluded individual;
c. Permitting a self-excluded individual to engage in
gaming activity while on the list of self-excluded individuals; and
d. Disclosure of the information contained in the
self-exclusion list, except for a willfully unlawful disclosure of such
information.
E. For self-exclusion submissions for a stated period of
time:
1. A sports betting permit holder shall provide a link
directly to the department's self-exclusion application form.
2. The department's online self-exclusion form shall
provide to the self-excluding individual for the individual's acknowledgment
the following statement:
"I am voluntarily requesting exclusion from all
Virginia sports betting and account based lottery. I also understand that the
department will share my information with the Office of Charitable and
Regulatory Programs, the Virginia Racing Commission, and all sports betting
permit holders, any of whom may prohibit me from participating in further
gaming activities regulated or provided by those entities, including
out-of-state sports betting sites in accordance with the policies of that
sports betting permit holder. I agree to notify the department within seven
days if my contact information changes. I certify that the information I have
provided is true and accurate, and that I have read and understand and agree to
the waiver and release included with this request for self-exclusion. I am
aware that my digital signature authorizes the department to prohibit me from
participating in all account-based lottery games and to direct all holders of
sports betting permits in Virginia to restrict my gaming activities. I am
further aware that my digital signature authorizes the department to share my
information with the Office of Charitable and Regulatory Programs and the
Virginia Racing Commission, who may further restrict my gaming activities. In
accordance with this request and until such time as the department removes my
name from the self-exclusion list under the terms of my request for voluntary
self-exclusion, I am aware and agree that during any period of self-exclusion
any money obtained by me in violation of the terms of my self-exclusion shall
be subject to forfeiture and donated to the Commonwealth's Problem Gambling
Treatment and Support Fund."
F. For lifetime self-exclusion submissions:
1. The signature of the individual submitting the request
shall acknowledge the following statement:
"I am voluntarily requesting exclusion from all
Virginia sports betting and account based lottery. In addition, I understand
that my information will be shared with the Office of Charitable and Regulatory
Programs, the Virginia Racing Commission, and all sports betting permit
holders, any of whom may prohibit me from participating in further gaming
activities regulated or provided by those entities, including out-of-state
sports betting sites in accordance with the policies of that sports betting
permit holder. I agree to notify the department within seven days if my contact
information changes. I certify that the information I have provided is true and
accurate, and that I have read and understand and agree to the waiver and
release included with this request for self-exclusion. I am aware that my
signature authorizes the department to prohibit me from participating in all
account-based lottery games and to direct all holders of sports betting permits
in Virginia to restrict my gaming activities. I am further aware that my
signature authorizes the department to share my information with the Office of
Charitable and Regulatory Programs and the Virginia Racing Commission, who may
further restrict my gaming activities. In accordance with this request I am
aware and agree that any money obtained by me in violation of the terms of my
self-exclusion shall be subject to forfeiture and donated to the Commonwealth's
Problem Gambling Treatment and Support Fund."
2. The department shall document the type of identification
credentials that were examined containing the signature of the individual
requesting lifetime self-exclusion.
3. A department employee authorized to accept a
self-exclusion request shall sign the application form and confirm that the
signature of the individual on the request for lifetime self-exclusion appears
to agree with that contained on his identification credentials.
4 The department shall confirm the individual's request to
be placed on the lifetime self-exclusion list.
11VAC5-60-30. Self-exclusion list.
A. The department shall maintain the official
self-exclusion list and shall transmit notification of any addition to or
deletion from the list to:
1. Each sports betting permit holder;
2. The Office of Charitable and Regulatory Programs; and
3. The Virginia Racing Commission.
B. Each party noted in subsection A of this section shall
maintain its own copy of the self-exclusion list and shall establish procedures
to ensure that its copy of the list is kept up to date. All appropriate
employees and agents of the parties noted in subsection A of this section who
are notified of any addition to or deletion from the self-exclusion list shall
update their lists accordingly. Changes to the list shall be made by each party
noted in subsection A of this section within seven days after the day the
notice is transmitted and any remaining balance in the individual's gaming
account shall be refunded pursuant to internal control standards approved by
the department and the department's regulations. The notice provided by the
department shall include the following information concerning any individual
whose name is added to the list:
1. Name, including any aliases or nicknames;
2. Date of birth;
3. Street and mailing address of current residence;
4. Telephone number; and
5. Social Security number if voluntarily provided by the
individual requesting self-exclusion.
C. Information furnished to or obtained by the department
pursuant to this chapter shall be deemed confidential and not be disclosed
except in accordance with this chapter. The voluntary self-exclusion list and
the personal information of participants in the voluntary self-exclusion
program shall not be subject to disclosure under the Virginia Freedom of
Information Act (§ 2.2-3700 et seq. of the Code of Virginia).
D. Except as provided in this subsection, no employee or
agent of the department or any of the parties included in subsection A of this
section shall disclose the name of or any information about any excluded
individual to anyone other than employees and agents whose duties and functions
require access to such information.
1. Any sports betting permit holder may disclose the name
of and information about a self-excluded individual to appropriate employees of
other sports betting permit holders in Virginia for the purpose of alerting the
employees that a self-excluded individual has tried to gamble or obtain gaming
related privileges or benefits from the sports betting permit holder. In
addition, the permit holder may share the name of and information about
self-excluded individuals across the permit holder's corporate enterprise,
including sharing such information with any of its affiliates.
2. It shall be permissible for a sports betting permit
holder, or an employee or agent thereof, to disclose the names of individuals
on the self-exclusion list to a third party that is registered or licensed by
the department pursuant to 11VAC5-70 for the purpose of allowing the third
party to remove the names of such individuals from a targeted mailing or other
advertising or promotion to be made on behalf of the sports betting