                                 CODE OF VIRGINIA

QUALIFIED FUMIGATION FACILITIES (§ 10.1-1308.01)

A. For the purposes of this section, a &#8220;qualified fumigation
facility&#8221; means a facility that:

   1. Conducts commodity fumigation using any chemical regulated under Section
   112(b) of the federal Clean Air Act of foods, products, components, livestock
   or materials including fumigation subject to regulation by either the U.S.
   Department of Agriculture or the U.S. Food and Drug Administration, or
   conducts such fumigation as required by other international, federal, or state
   regulations or requirements;

   2. Is not otherwise exempt under regulations of the Board for toxic air
   pollutants;

   3. Has the potential to emit less than 10 tons per year of any hazardous air
   pollutant or 25 tons per year of any combination of hazardous air pollutants
   regulated by the Board pursuant to its regulations in Articles 4 (9VAC5-60-200
   et seq.) and 5 (9VAC5-60-300 et seq.) of Chapter 60 (9VAC5-60); or is not
   otherwise subject to regulation under the provisions of the federal Clean Air
   Act (42 U.S.C. &#xA7; 7401 et seq.) related to hazardous air pollutants. For
   determining potential to emit, &#8220;facility&#8221; means any building,
   structure, facility or installation that emits or may emit any regulated air
   pollutant. A facility 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 persons under common control;

   4. Operates in compliance with all federal and state regulations for licensing
   and operation of fumigation facilities and licensing of fumigant applicators;
   and

   5. Conducts fumigation activities that are, at a minimum, one of the
   following:
   				a. Performed in buildings or locations within the facility that are no
   closer than 300 feet from any building, structure, or area not within the
   facility if such building, structure, or area is regularly occupied by the
   public. The conditions in this subdivision may be waived or reduced by the
   Department, in consultation with the Department of Agriculture and Consumer
   Services;
   				b. Performed in buildings or containers that are sealed during fumigation
   and that voluntarily employ capture and control technologies for the fumigant
   emissions; or
   				c. Monitored utilizing equipment and methods recognized by the National
   Institute for Occupational Safety and Health, or other equipment and methods
   widely accepted as an industry standard, to ensure the applicable fumigant
   airborne concentrations referenced in the permissible exposure limits
   established by the Department of Labor and Industry or the parts per million
   standard stipulated in the federally approved pesticide labeling, whichever is
   more stringent, is not exceeded at the fence or property line during active
   fumigation and fumigation aeration.

B. The operator of a qualified fumigation facility shall provide to the
Department, by first-class mail, facsimile, or electronic mail:

   1. A written notice prior to conducting fumigation activity at the facility
   that shall include:
   				a. Exact physical location at the facility of the particular fumigation
   operation and distance from any building, structure, or other area regularly
   occupied by the public;
   				b. Object being fumigated (e.g. rail car, truck container, warehouse, bin,
   storage silo, open pallet of product);
   				c. Product being fumigated;
   				d. Number of objects and quantity of product being fumigated;
   				e. Containment system (e.g. tarp, sealed container);
   				f. Fumigant to be used;
   				g. Expected quantity of fumigant to be used;
   				h. Expected duration of fumigation;
   				i. Expected duration of aeration;
   				j. Material safety data sheet (MSDS) for fumigant; and
   				k. A brief description of capture and control device, if used pursuant to
   subdivision A 5 b.

   2. A written report completed within four business days following the
   completion of the fumigation activity that shall include:
   				a. Total quantity of fumigant actually used;
   				b. Actual duration of aeration; and
   				c. Monitoring results for fumigation operations conducted pursuant to
   subdivision A 5 c.

C. Prior to the application of fumigant at the site, a facility shall post
visible and legible signs at the facility fence or property line closest to any
public right-of-way. The signs shall remain in place until completion of the
aeration process and shall conform to the format for placards mandated by the
federally approved fumigant label.

D. In-transit fumigations where the planned aeration is scheduled to occur
outside of the Commonwealth are not subject to Board regulations.

HISTORY: 2011, c. 393.