Notice of action: The State Air Pollution Control Board is considering amendments to the Regulation for the Control of Motor Vehicle Emissions in Northern Virginia; specifically, provisions to authorize the use of a program coordinator for implementation of the enhanced emissions inspection program currently operating in the northern Virginia area.

Regulation name: The regulation of the board affected by this regulatory action is: Regulation for the Control of Motor Vehicle Emissions in Northern Virginia, 9VAC5-91, (Rev. MO).

Purpose of notice: The board is seeking comments through the Department of Environmental Quality (DEQ) on the regulation amendments in general.

Public comment period: April 24, 2013 to May 10, 2013.

Public comment stage:  General notice of public comment.

Description of proposal: Section 46.2-1176-1187.3 of the Virginia Air Pollution Control Law (Title 46.2, Chapter 10 of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations for the control of motor vehicle emissions and for emissions testing. Chapters 216 and 824 of the 2012 Acts of Assembly authorized that the Director of DEQ to enter into an agreement to designate a program coordinator to implement all inspection programs, except those utilizing remote sensing. It also stipulated that the Director shall determine the services to be provided by the program coordinator and the amount to be paid to the program coordinator for such services.

The proposed regulation revisions consists of amendments to existing regulation provisions necessary to allow for a program coordinator to implement components of the enhanced emissions inspection program in Northern Virginia.  Specifically:

            1. Adding provisions (VAC5-91-665 and 9VAC5-91-675) that allow for the use of a program coordinator to administer the inspections program except for on-road clean screen program including but not limited to:

                        A. Provisions authorizing the Director of DEQ to determine the equipment and services provided by the program coordinator required for a station to conduct inspections; and

                        B. Provisions authorizing payment to the program coordinator not to exceed $3,500 per year from each inspection station for each set of required equipment and its maintenance, necessary to conduct emissions inspections.

            2. Adding provisions that authorize the electronic submission of materials for the emissions inspection program (9VAC5-91-70, 9VAC5-91-570 and 9VAC5-91-720).  

            3. Repealing provisions for emissions standards of evaporative emissions specifically the evaporative system test and gas cap pressure test (9VAC5-91-200).

            4.  Deleting unnecessary definitions (9VAC5-91-20).

            5. Updating reference documents required to implement the program.

Locality particularly affected: The geographic coverage of the program consists of the counties of Arlington, Fairfax, Loudoun, Prince William, and Stafford; and the cities of Alexandria, Fairfax, Falls Church, Manassas, and Manassas Park. The amendments to the regulation establish an additional means for program implementation with no impact on air quality expected. Therefore, no locality in the program area will bear any disproportionate material air quality impact from any other locality within the program area.

How to comment: The DEQ accepts written comments by hand-delivery, e-mail, fax and postal mail. All written comments must include the full name, address and telephone number of the person commenting and be received by DEQ no later than on the last day of the comment period. All materials received are part of the public record.

How a decision is made: After comments have been considered, the board will make the final decision. Citizens that submit statements during the comment period may address the board members during the board meeting at which a final decision is made on the proposal.

To review regulation documents: The regulation amendments and copy of Chapters 216 and 824 of the 2012 Acts of Assembly are available at www.deq.virginia.gov on the Air Program pages and by contacting the DEQ representative named below. {The public may review the documents at the following location: Main Street Office, 8th Floor, 629 E Main St, Richmond VA, 804-698-4070 and Northern Regional Office, 13901 Crown Court, Woodbridge VA, 703-583-3800.