Approval and Promulgation of Air Quality Implementation Plans; Virginia; Minor New Source Review Requirements, 56508-56512 [2016-19770]

Download as PDF 56508 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2015–0642; FRL–9950–91– Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Minor New Source Review Requirements Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is taking direct final action to approve revisions to the Commonwealth of Virginia state implementation plan (SIP). These revisions pertain to preconstruction permitting requirements under Virginia’s minor New Source Review (NSR) program. EPA is approving these revisions to the Virginia SIP in accordance with the requirements of the Clean Air Act (CAA). DATES: This rule is effective on October 21, 2016 without further notice, unless EPA receives adverse written comment by September 21, 2016. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– OAR–2015–0642 at http:// www.regulations.gov, or via email to campbell.dave@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the FOR FURTHER INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on Lhorne on DSK30JT082PROD with RULES SUMMARY: VerDate Sep<11>2014 15:11 Aug 19, 2016 Jkt 238001 making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814–2117, or by email at talley.david@epa.gov. SUPPLEMENTARY INFORMATION: I. Background On July 15, 2013, the Commonwealth of Virginia submitted a formal revision to its SIP. The SIP revision consists of amendments to the Virginia Department of Environmental Quality’s (VADEQ) minor New Source Review (NSR) program, as well as a complete recodification of those regulations. On July 24, 1996, EPA took final action to approve in part and disapprove in part a revision to the Virginia SIP relating to minor NSR permitting requirements. See 61 FR 38388. EPA disapproved revisions to the public participation requirements which were, at the time, codified at Virginia Regulations (VR) section 120–08–1. Specifically, EPA disapproved sections 120–08–01G.1 and .01G.4.b because they purported to exempt major modifications of less than 100 tons per year (tpy) from the prescribed public participation procedures, contrary to the requirements of 40 CFR 51.161. This left the previously approved SIP requirements of VR section 120–08– 01C.4 in place to govern public participation. EPA approved the remainder of the submittal into Virginia’s SIP. Subsequently, on April 21, 2000, EPA took final action to approve a revision to the Virginia SIP which did not revise any of the substantive requirements, but included in the SIP Virginia’s reorganized and recodified regulations from the VR–120–08–01 format to match the Virginia Administrative Code (VAC) format (e.g., 9VAC5–80–10). See 78 FR 21315. II. Summary of SIP Revision and EPA Analysis Virginia’s July 15, 2013 submittal encompasses a number of revisions to Virginia’s regulations that were completed at the Commonwealth level, but not submitted to and approved by EPA as revisions to the Virginia SIP. VADEQ compiled the various revisions and submitted them so that EPA could review the program as a whole. A thorough discussion of the details of the regulatory changes made by Virginia as well as EPA’s analysis of those changes to the regulations and the Virginia SIP are located in the technical support document (TSD) in the docket for this action, available at PO 00000 Frm 00038 Fmt 4700 Sfmt 4700 www.regulations.gov, and will not be restated here. Among those revisions was the evolution and recodification of VADEQ’s minor NSR program from 9VAC5 Chapter 80 sections 10 and 11 to Article 6 of Part II of 9VAC5 Chapter 80. Sections 10 and 11 of 9VAC5–80 are being removed from the SIP and replaced as part of this action. Additionally, the submittal includes revisions to 9VAC5–50, sections 240, 250, and 260. The submittal also includes revisions to the requirements for public participation under Article 6 which correct the deficiencies which were the reason for EPA’s previouslymentioned July 24, 1996 disapproval action. 9VAC5–50–240 has been revised to maintain consistency with revisions in the new Article 6; to clarify which emissions units are subject to the minor NSR regulations; and to appropriately exempt hazardous air pollutants (HAPs) regulated under 9VAC5–60, consistent with 40 CFR 51.166. Additionally, a number of revisions have been made to the best available control technology (BACT) requirements under Virginia’s minor NSR program. The definition of BACT under 9VAC5– 50–250 has been revised to provide for the consideration of additional factors in determining BACT (e.g., nature and amount of emissions, control efficiencies across industry source types, etc.). 9VAC5–50–260 has been revised to require BACT determinations for all emissions units subject to the minor NSR program, and to require that, for phased construction projects, BACT must be reviewed within 18 months of construction of each individual phase. 9VAC5–50–260 has also been revised to require BACT for all emissions units which are subject to the minor NSR program. These changes to 9VAC5–50 have been made in order to simplify the minor NSR program, and are appropriate and meet the federal requirements of 40 CFR 51.160 and 51.161, and CAA section 110(a)(2)(C). Additionally, the revisions are in accordance with section 110(l) of the CAA because they will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable CAA requirement. Generally, the new Article 6 regulations represent a recodification of the minor NSR program from section 10 and 11 of 9VAC5–80. Sections 10 and 11 are being deleted from the SIP because they are largely duplicative with the new provisions. In addition, the deficiency related to the public participation requirements identified in E:\FR\FM\22AUR1.SGM 22AUR1 Lhorne on DSK30JT082PROD with RULES Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations EPA’s 1996 disapproval action has been corrected. Therefore, the previously approved public participation requirements under VR 120–08–01 are being removed from the SIP as well. Additionally, as discussed in more detail below, the revisions include new regulations designed to confer federal enforceability upon Virginia’s program for regulating HAPs (consistent with 40 CFR parts 61 and 63) and the removal of provisions which were inadvertently included in the SIP by EPA’s 1996 approval, and which inappropriately conferred federal enforceability upon Virginia’s state-only enforceable provisions for regulating toxic air pollutants. Virginia’s definition of ‘‘toxic air pollutant’’ is more broad than the federal ‘‘hazardous air pollutant,’’ and by inadvertently applying the minor NSR program to the former, Virginia’s SIP went beyond what VADEQ intended. Specifically, the requirements of sections 1100I, 1105F, and 1170A are being added, and paragraph 1200B is being deleted from the SIP. These revisions are appropriate and meet the federal requirements of 40 CFR 51.160 and 51.161, and CAA section 110(a)(2)(C). Additionally, the revisions (and in particular the deletions) are in accordance with section 110(l) of the CAA because they will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable CAA requirement. The unit reconstruction requirements of 9VAC5–80–1100 have been revised to evaluate applicability for the reconstruction of an emissions unit via the replacement of some of its components in the same manner as any other modification. Additionally, provisions have been added to allow sources to opt into permit review, and to clarify applicability of fugitive emissions. Provisions have been added to sections 80–1100M, 1105C and D, and 1100C to regulate fine particulate matter with an aerodynamic diameter less than 2.5 micrometers (PM2.5) in a manner consistent with federal requirements, particularly related to the condensable fraction of PM2.5. 9VAC5–80–1105 contains the exemptions formerly codified at section 80–11. Many of the revisions to these exemptions are administrative or clarifying in nature. However, there are some additions and deletions as well. New exemptions include, but are not limited to, those for mulch recycling operations, replacement units where the potential to emit (PTE) does not increase, engines and turbines which do not exceed 500 hours per year of operation, and exhaust flares at natural VerDate Sep<11>2014 15:11 Aug 19, 2016 Jkt 238001 gas and coal bed methane extraction wells. Additionally, the emission-rate based exemption for VOC coating operations, and the provisions which prohibit the exemption of certain New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP) sources have been deleted. Exemption thresholds for PM2.5 have been added, below which minor NSR will not apply. The new (and existing) exemptions exist because VADEQ considers the associated emissions to be de minimis, and not worth the administrative effort required to issue permits for de minimis emissions. As a safeguard, however, provisions have been added to state that any exemption from the minor NSR requirements does not create an exemption from major NSR. All such sources would be considered emissions sources for purposes of determining major source status under Virginia’s SIP approved major NSR program. The definitions under 9VAC5–80– 1110 have been revised to make the minor NSR program more compatible with the major NSR program. Additional revisions of note include: The addition of provisions for ensuring that permit terms relating to emissions caps are practically enforceable (9VAC5–80–1180B, C, and D); criteria relating to invalidation of permits due to delays in construction (9VAC5–80– 1210B); criteria for issuance of general permits (9VAC5–80–1250); provisions relating to permit modifications (9VAC5–80–1260 through 1300); as well as several non-substantive, clarifying revisions. All of the new and revised provisions of 9VAC5–80 Article 6 meet the federal requirements of 40 CFR 51.160 and 51.161, and CAA section 110(a)(2)(C). Additionally, the revisions (and in particular the deletions) are in accordance with section 110(l) of the CAA because they will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable CAA requirement as EPA finds Virginia’s conclusions regarding de minimis emissions reasonable. Additional details regarding Virginia’s amended regulations for its minor NSR program and EPA’s detailed analysis of those regulations for the Virginia SIP are located in the TSD in the docket for this action, available at www.regulations.gov, and will not be restated here. III. Final Action EPA is approving Virginia’s July 15, 2013 submittal as a revision to the Virginia SIP because it meets the federal PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 56509 requirements of 40 CFR 51.160 and 51.161, and CAA section 110(a)(2)(C). Additionally, the revisions (and in particular the deletions) are in accordance with section 110(l) of the CAA because they will not interfere with any applicable requirement concerning attainment and reasonable further progress, or any other applicable CAA requirement given de minimus emissions impacts and removal of duplicative measures. EPA is publishing this rule without prior proposal because EPA views this as a noncontroversial amendment and anticipates no adverse comment. However, in the ‘‘Proposed Rules’’ section of this Federal Register, EPA is publishing a separate document that will serve as the proposal to approve the SIP revision if adverse comments are filed. This rule will be effective on October 21, 2016 without further notice unless EPA receives adverse comment by September 21, 2016. If EPA receives adverse comment, EPA will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. EPA will address all public comments in a subsequent final rule based on the proposed rule. EPA will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. IV. General Information Pertaining to SIP Submittals From the Commonwealth of Virginia In 1995, Virginia adopted legislation that provides, subject to certain conditions, for an environmental assessment (audit) ‘‘privilege’’ for voluntary compliance evaluations performed by a regulated entity. The legislation further addresses the relative burden of proof for parties either asserting the privilege or seeking disclosure of documents for which the privilege is claimed. Virginia’s legislation also provides, subject to certain conditions, for a penalty waiver for violations of environmental laws when a regulated entity discovers such violations pursuant to a voluntary compliance evaluation and voluntarily discloses such violations to the Commonwealth and takes prompt and appropriate measures to remedy the violations. Virginia’s Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1–1198, provides a privilege that protects from disclosure documents and information about the content of those documents that are the product of a voluntary environmental assessment. The Privilege Law does not extend to documents or information that: (1) Are generated or developed before the commencement of a E:\FR\FM\22AUR1.SGM 22AUR1 Lhorne on DSK30JT082PROD with RULES 56510 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations voluntary environmental assessment; (2) are prepared independently of the assessment process; (3) demonstrate a clear, imminent and substantial danger to the public health or environment; or (4) are required by law. On January 12, 1998, the Commonwealth of Virginia Office of the Attorney General provided a legal opinion that states that the Privilege Law, Va. Code Sec. 10.1–1198, precludes granting a privilege to documents and information ‘‘required by law,’’ including documents and information ‘‘required by federal law to maintain program delegation, authorization or approval,’’ since Virginia must ‘‘enforce federally authorized environmental programs in a manner that is no less stringent than their federal counterparts . . . .’’ The opinion concludes that ‘‘[r]egarding § 10.1–1198, therefore, documents or other information needed for civil or criminal enforcement under one of these programs could not be privileged because such documents and information are essential to pursuing enforcement in a manner required by federal law to maintain program delegation, authorization or approval.’’ Virginia’s Immunity law, Va. Code Sec. 10.1–1199, provides that ‘‘[t]o the extent consistent with requirements imposed by federal law,’’ any person making a voluntary disclosure of information to a state agency regarding a violation of an environmental statute, regulation, permit, or administrative order is granted immunity from administrative or civil penalty. The Attorney General’s January 12, 1998 opinion states that the quoted language renders this statute inapplicable to enforcement of any federally authorized programs, since ‘‘no immunity could be afforded from administrative, civil, or criminal penalties because granting such immunity would not be consistent with federal law, which is one of the criteria for immunity.’’ Therefore, EPA has determined that Virginia’s Privilege and Immunity statutes will not preclude the Commonwealth from enforcing its NSR program consistent with the federal requirements. In any event, because EPA has also determined that a state audit privilege and immunity law can affect only state enforcement and cannot have any impact on federal enforcement authorities, EPA may at any time invoke its authority under the CAA, including, for example, sections 113, 167, 205, 211 or 213, to enforce the requirements or prohibitions of the state plan, independently of any state enforcement effort. In addition, citizen enforcement under section 304 of the CAA is VerDate Sep<11>2014 15:11 Aug 19, 2016 Jkt 238001 likewise unaffected by this, or any, state audit privilege or immunity law. V. Incorporation by Reference In this rulemaking action, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with requirements of 1 CFR 51.5, the EPA is finalizing the incorporation by reference of the Virginia regulations as described in the amendments to 40 CFR part 52 set forth below. Therefore, these materials have been approved by EPA for inclusion in the SIP, have been incorporated by reference by EPA into that plan, are fully federally enforceable under sections 110 and 113 of the CAA as of the effective date of the final rulemaking of EPA’s approval, and will be incorporated by reference by the Director of the Federal Register in the next update of the SIP compilation.1 The EPA has made, and will continue to make, these documents generally available electronically through www.regulations.gov and/or may be viewed at the appropriate EPA office (see the ADDRESSES section of this preamble for more information). VI. Statutory and Executive Order Reviews A. General Requirements Under the CAA, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely approves state law as meeting federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this action: • Is not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described 1 62 PO 00000 FR 27968 (May 22, 1997). Frm 00040 Fmt 4700 Sfmt 4700 in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). The SIP is not approved to apply on any Indian reservation land as defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000). B. Submission to Congress and the Comptroller General The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). C. Petitions for Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 21, 2016. Filing a petition for reconsideration by the E:\FR\FM\22AUR1.SGM 22AUR1 56511 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. Parties with objections to this direct final rule are encouraged to file a comment in response to the parallel notice of proposed rulemaking for this action published in the proposed rules section of this Federal Register, rather than file an immediate petition for judicial review of this direct final rule, so that EPA can withdraw this direct final rule and address the comment in the proposed rulemaking action. This action pertaining to Virginia’s minor NSR program may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) List of Subjects in 40 CFR Part 52 Subpart VV—Virginia Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. ■ Dated: August 9, 2016. Shawn M. Garvin, Regional Administrator, Region III. 40 CFR part 52 is amended as follows: PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: ■ 2. In § 52.2420, the table in paragraph (c) is amended by: ■ a. Removing the section entitled ‘‘9VAC5, Chapter 80 Permits for Stationary Sources [Part VIII]’’ including the entries for Sections 5–80–10, 10A through 10P, VR120–08–01C.4.b and .01C.4.c, and 5–80–11; ■ b. Revising the entries for Sections 5– 50–240, 5–50–250, and 5–50–260; ■ c. Adding the heading ‘‘Article 6— Permits for New and Modified Stationary Sources’’ and entries for Sections 5–80–1100 through 5–80–1300 immediately following the entry for 5– 80–1040. The revisions and additions read as follows: § 52.2420 * Authority: 42 U.S.C. 7401 et seq. Identification of plan. * * (c) * * * * * EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES State citation State effective date Title/Subject * * * * 9 VAC 5, Chapter 50 * * 5–50–250 5–50–260 * * * * * * Standards of Performance for Stationary Sources (Rule 5–4) 11/7/12 Standards sources. 11/7/12 11/7/12 stationary * * * 8/22/16 [Insert Federal Register Citation]. 8/22/16 [Insert Federal Register Citation]. 8/22/16 [Insert Federal Register Citation]. * 9 VAC 5, Chapter 80 * * * Applicability and designation of affected facility. Definitions ................................ for Explanation [former SIP citation] New and Modified Stationary Sources [Part V] * Article 4 5–50–240 EPA Approval date * Paragraphs A and C are revised. Paragraphs A–C are revised. Paragraphs A–D are revised. * * * * * Permits for Stationary Sources [Part VIII] * * Article 6—Permits for New and Modified Stationary Sources Applicability .............................. 11/7/12 5–80–1105 Permit Exemptions .................. 11/7/12 5–80–1110 Definitions ................................ 11/7/12 5–80–1120 General .................................... 11/7/12 5–80–1130 5–80–1140 Lhorne on DSK30JT082PROD with RULES 5–80–1100 Reserved ................................. Applications ............................. ........................ 11/7/12 5–80–1150 11/7/12 5–80–1160 Application information required. Action on permit application .... 11/7/12 5–80–1170 Public participation .................. 11/7/12 VerDate Sep<11>2014 17:37 Aug 19, 2016 Jkt 238001 PO 00000 Frm 00041 8/22/16 [Insert Federal Register Citation]. 8/22/16 [Insert Federal Register Citation]. 8/22/16 [Insert Federal Register Citation]. 8/22/16 [Insert Federal Register Citation]. .................................................. 8/22/16 [Insert Federal Register Citation]. 8/22/16 [Insert Federal Register Citation]. 8/22/16 [Insert Federal Register Citation]. 8/22/16 [Insert Federal Register Citation]. Fmt 4700 Sfmt 4700 Paragraph E is excluded. The definition at paragraph 5 under ‘‘Regulated air pollutant,’’ and the definition of ‘‘Toxic pollutant’’ are excluded. Excluded from SIP. The latter portion of paragraph D (beginning with ‘‘. . . direct consideration by the board . . .’’) is excluded. Paragraphs F and G are excluded. See § 52.2423(o). E:\FR\FM\22AUR1.SGM 22AUR1 56512 Federal Register / Vol. 81, No. 162 / Monday, August 22, 2016 / Rules and Regulations EPA-APPROVED VIRGINIA REGULATIONS AND STATUTES—Continued State effective date State citation Title/Subject 5–80–1180 Standards and conditions for granting permits. 5–80–1190 EPA Approval date Explanation [former SIP citation] 11/7/12 8/22/16 [Insert Federal Register Citation]. 11/7/12 8/22/16 [Insert Federal Register Citation]. 8/22/16 [Insert Federal Register Citation]. 5–80–1220 Application review and analysis. Compliance determination and verification by performance testing. Permit invalidation, suspension, revocation and enforcement. Existence of permit no defense The portion of paragraph A.1 pertaining to hazardous air pollutant sources as proscribed under 9VAC5–60 is excluded. Paragraph 2 is excluded. 5–80–1230 Compliance with local zoning .. 11/7/12 5–80–1240 Transfer of permits .................. 11/7/12 5–80–1250 General permits ....................... 11/7/12 5–80–1260 Action to combine permit terms and conditions. Actions to change permits ....... 11/7/12 5–80–1200 5–80–1210 5–80–1270 5–80–1280 5–80–1300 * * * * BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2016–0247; FRL–9950–82– Region 4] Air Plan Approval; South Carolina; Prong 4–2008 Ozone, 2010 NO2, SO2, and 2012 PM2.5 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is conditionally approving the portions of revisions to the South Carolina State Implementation Plan (SIP), submitted by the South Carolina Department of Health and Environmental Control (SC DHEC), addressing the Clean Air Act (CAA or Act) visibility transport (prong 4) infrastructure SIP requirements for the 2008 8-hour Ozone, 2010 1-hour Nitrogen Dioxide (NO2), 2010 1-hour Lhorne on DSK30JT082PROD with RULES SUMMARY: 15:11 Aug 19, 2016 8/22/16 [Insert Federal ister Citation]. 8/22/16 [Insert Federal ister Citation]. 8/22/16 [Insert Federal ister Citation]. 8/22/16 [Insert Federal ister Citation]. 8/22/16 [Insert Federal ister Citation]. 8/22/16 [Insert Federal ister Citation]. 8/22/16 [Insert Federal ister Citation]. 8/22/16 [Insert Federal ister Citation]. 8/22/16 [Insert Federal ister Citation]. 11/7/12 11/7/12 11/7/12 11/7/12 * [FR Doc. 2016–19770 Filed 8–19–16; 8:45 am] VerDate Sep<11>2014 8/22/16 [Insert Federal Register Citation]. 11/7/12 Significant amendment procedures. * * 11/7/12 Administrative permit amendments. Minor permit amendments ....... 5–80–1290 * 11/7/12 Jkt 238001 * RegRegRegRegRegRegRegRegReg- * Sulfur Dioxide (SO2), and 2012 annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, commonly referred to as an ‘‘infrastructure SIP.’’ Specifically, EPA is conditionally approving the prong 4 portions of South Carolina’s July 17, 2008, 8-hour Ozone infrastructure SIP submission; April 30, 2014, 2010 1-hour NO2 infrastructure SIP submission; May 8, 2014, 2010 1hour SO2 infrastructure SIP submission; and December 18, 2015, 2012 annual PM2.5 infrastructure SIP submission. All other applicable infrastructure requirements for these SIP submissions have been or will be addressed in separate rulemakings. This rule will be effective September 21, 2016. DATES: EPA has established a docket for this action under Docket Identification No. EPA–R04–OAR– 2016–0247. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information may not be publicly ADDRESSES: PO 00000 Frm 00042 Fmt 4700 Paragraph B is excluded. Sfmt 4700 * * available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically through www.regulations.gov or in hard copy at the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m., excluding federal holidays. FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., E:\FR\FM\22AUR1.SGM 22AUR1

Agencies

[Federal Register Volume 81, Number 162 (Monday, August 22, 2016)]
[Rules and Regulations]
[Pages 56508-56512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19770]



[[Page 56508]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2015-0642; FRL-9950-91-Region 3]


Approval and Promulgation of Air Quality Implementation Plans; 
Virginia; Minor New Source Review Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking direct 
final action to approve revisions to the Commonwealth of Virginia state 
implementation plan (SIP). These revisions pertain to preconstruction 
permitting requirements under Virginia's minor New Source Review (NSR) 
program. EPA is approving these revisions to the Virginia SIP in 
accordance with the requirements of the Clean Air Act (CAA).

DATES: This rule is effective on October 21, 2016 without further 
notice, unless EPA receives adverse written comment by September 21, 
2016. If EPA receives such comments, it will publish a timely 
withdrawal of the direct final rule in the Federal Register and inform 
the public that the rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2015-0642 at http://www.regulations.gov, or via email to 
campbell.dave@epa.gov. For comments submitted at Regulations.gov, 
follow the online instructions for submitting comments. Once submitted, 
comments cannot be edited or removed from Regulations.gov. For either 
manner of submission, the EPA may publish any comment received to its 
public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, please contact the person 
identified in the FOR FURTHER INFORMATION CONTACT section. For the full 
EPA public comment policy, information about CBI or multimedia 
submissions, and general guidance on making effective comments, please 
visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: David Talley, (215) 814-2117, or by 
email at talley.david@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    On July 15, 2013, the Commonwealth of Virginia submitted a formal 
revision to its SIP. The SIP revision consists of amendments to the 
Virginia Department of Environmental Quality's (VADEQ) minor New Source 
Review (NSR) program, as well as a complete recodification of those 
regulations.
    On July 24, 1996, EPA took final action to approve in part and 
disapprove in part a revision to the Virginia SIP relating to minor NSR 
permitting requirements. See 61 FR 38388. EPA disapproved revisions to 
the public participation requirements which were, at the time, codified 
at Virginia Regulations (VR) section 120-08-1. Specifically, EPA 
disapproved sections 120-08-01G.1 and .01G.4.b because they purported 
to exempt major modifications of less than 100 tons per year (tpy) from 
the prescribed public participation procedures, contrary to the 
requirements of 40 CFR 51.161. This left the previously approved SIP 
requirements of VR section 120-08-01C.4 in place to govern public 
participation. EPA approved the remainder of the submittal into 
Virginia's SIP.
    Subsequently, on April 21, 2000, EPA took final action to approve a 
revision to the Virginia SIP which did not revise any of the 
substantive requirements, but included in the SIP Virginia's 
reorganized and recodified regulations from the VR-120-08-01 format to 
match the Virginia Administrative Code (VAC) format (e.g., 9VAC5-80-
10). See 78 FR 21315.

II. Summary of SIP Revision and EPA Analysis

    Virginia's July 15, 2013 submittal encompasses a number of 
revisions to Virginia's regulations that were completed at the 
Commonwealth level, but not submitted to and approved by EPA as 
revisions to the Virginia SIP. VADEQ compiled the various revisions and 
submitted them so that EPA could review the program as a whole. A 
thorough discussion of the details of the regulatory changes made by 
Virginia as well as EPA's analysis of those changes to the regulations 
and the Virginia SIP are located in the technical support document 
(TSD) in the docket for this action, available at www.regulations.gov, 
and will not be restated here.
    Among those revisions was the evolution and recodification of 
VADEQ's minor NSR program from 9VAC5 Chapter 80 sections 10 and 11 to 
Article 6 of Part II of 9VAC5 Chapter 80. Sections 10 and 11 of 9VAC5-
80 are being removed from the SIP and replaced as part of this action. 
Additionally, the submittal includes revisions to 9VAC5-50, sections 
240, 250, and 260. The submittal also includes revisions to the 
requirements for public participation under Article 6 which correct the 
deficiencies which were the reason for EPA's previously-mentioned July 
24, 1996 disapproval action.
    9VAC5-50-240 has been revised to maintain consistency with 
revisions in the new Article 6; to clarify which emissions units are 
subject to the minor NSR regulations; and to appropriately exempt 
hazardous air pollutants (HAPs) regulated under 9VAC5-60, consistent 
with 40 CFR 51.166.
    Additionally, a number of revisions have been made to the best 
available control technology (BACT) requirements under Virginia's minor 
NSR program. The definition of BACT under 9VAC5-50-250 has been revised 
to provide for the consideration of additional factors in determining 
BACT (e.g., nature and amount of emissions, control efficiencies across 
industry source types, etc.). 9VAC5-50-260 has been revised to require 
BACT determinations for all emissions units subject to the minor NSR 
program, and to require that, for phased construction projects, BACT 
must be reviewed within 18 months of construction of each individual 
phase. 9VAC5-50-260 has also been revised to require BACT for all 
emissions units which are subject to the minor NSR program. These 
changes to 9VAC5-50 have been made in order to simplify the minor NSR 
program, and are appropriate and meet the federal requirements of 40 
CFR 51.160 and 51.161, and CAA section 110(a)(2)(C). Additionally, the 
revisions are in accordance with section 110(l) of the CAA because they 
will not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable CAA 
requirement.
    Generally, the new Article 6 regulations represent a recodification 
of the minor NSR program from section 10 and 11 of 9VAC5-80. Sections 
10 and 11 are being deleted from the SIP because they are largely 
duplicative with the new provisions. In addition, the deficiency 
related to the public participation requirements identified in

[[Page 56509]]

EPA's 1996 disapproval action has been corrected. Therefore, the 
previously approved public participation requirements under VR 120-08-
01 are being removed from the SIP as well. Additionally, as discussed 
in more detail below, the revisions include new regulations designed to 
confer federal enforceability upon Virginia's program for regulating 
HAPs (consistent with 40 CFR parts 61 and 63) and the removal of 
provisions which were inadvertently included in the SIP by EPA's 1996 
approval, and which inappropriately conferred federal enforceability 
upon Virginia's state-only enforceable provisions for regulating toxic 
air pollutants. Virginia's definition of ``toxic air pollutant'' is 
more broad than the federal ``hazardous air pollutant,'' and by 
inadvertently applying the minor NSR program to the former, Virginia's 
SIP went beyond what VADEQ intended. Specifically, the requirements of 
sections 1100I, 1105F, and 1170A are being added, and paragraph 1200B 
is being deleted from the SIP. These revisions are appropriate and meet 
the federal requirements of 40 CFR 51.160 and 51.161, and CAA section 
110(a)(2)(C). Additionally, the revisions (and in particular the 
deletions) are in accordance with section 110(l) of the CAA because 
they will not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable CAA 
requirement.
    The unit reconstruction requirements of 9VAC5-80-1100 have been 
revised to evaluate applicability for the reconstruction of an 
emissions unit via the replacement of some of its components in the 
same manner as any other modification. Additionally, provisions have 
been added to allow sources to opt into permit review, and to clarify 
applicability of fugitive emissions. Provisions have been added to 
sections 80-1100M, 1105C and D, and 1100C to regulate fine particulate 
matter with an aerodynamic diameter less than 2.5 micrometers 
(PM2.5) in a manner consistent with federal requirements, 
particularly related to the condensable fraction of PM2.5.
    9VAC5-80-1105 contains the exemptions formerly codified at section 
80-11. Many of the revisions to these exemptions are administrative or 
clarifying in nature. However, there are some additions and deletions 
as well. New exemptions include, but are not limited to, those for 
mulch recycling operations, replacement units where the potential to 
emit (PTE) does not increase, engines and turbines which do not exceed 
500 hours per year of operation, and exhaust flares at natural gas and 
coal bed methane extraction wells. Additionally, the emission-rate 
based exemption for VOC coating operations, and the provisions which 
prohibit the exemption of certain New Source Performance Standards 
(NSPS) and National Emission Standards for Hazardous Air Pollutants 
(NESHAP) sources have been deleted. Exemption thresholds for 
PM2.5 have been added, below which minor NSR will not apply.
    The new (and existing) exemptions exist because VADEQ considers the 
associated emissions to be de minimis, and not worth the administrative 
effort required to issue permits for de minimis emissions. As a 
safeguard, however, provisions have been added to state that any 
exemption from the minor NSR requirements does not create an exemption 
from major NSR. All such sources would be considered emissions sources 
for purposes of determining major source status under Virginia's SIP 
approved major NSR program.
    The definitions under 9VAC5-80-1110 have been revised to make the 
minor NSR program more compatible with the major NSR program. 
Additional revisions of note include: The addition of provisions for 
ensuring that permit terms relating to emissions caps are practically 
enforceable (9VAC5-80-1180B, C, and D); criteria relating to 
invalidation of permits due to delays in construction (9VAC5-80-1210B); 
criteria for issuance of general permits (9VAC5-80-1250); provisions 
relating to permit modifications (9VAC5-80-1260 through 1300); as well 
as several non-substantive, clarifying revisions.
    All of the new and revised provisions of 9VAC5-80 Article 6 meet 
the federal requirements of 40 CFR 51.160 and 51.161, and CAA section 
110(a)(2)(C). Additionally, the revisions (and in particular the 
deletions) are in accordance with section 110(l) of the CAA because 
they will not interfere with any applicable requirement concerning 
attainment and reasonable further progress, or any other applicable CAA 
requirement as EPA finds Virginia's conclusions regarding de minimis 
emissions reasonable.
    Additional details regarding Virginia's amended regulations for its 
minor NSR program and EPA's detailed analysis of those regulations for 
the Virginia SIP are located in the TSD in the docket for this action, 
available at www.regulations.gov, and will not be restated here.

III. Final Action

    EPA is approving Virginia's July 15, 2013 submittal as a revision 
to the Virginia SIP because it meets the federal requirements of 40 CFR 
51.160 and 51.161, and CAA section 110(a)(2)(C). Additionally, the 
revisions (and in particular the deletions) are in accordance with 
section 110(l) of the CAA because they will not interfere with any 
applicable requirement concerning attainment and reasonable further 
progress, or any other applicable CAA requirement given de minimus 
emissions impacts and removal of duplicative measures. EPA is 
publishing this rule without prior proposal because EPA views this as a 
noncontroversial amendment and anticipates no adverse comment. However, 
in the ``Proposed Rules'' section of this Federal Register, EPA is 
publishing a separate document that will serve as the proposal to 
approve the SIP revision if adverse comments are filed. This rule will 
be effective on October 21, 2016 without further notice unless EPA 
receives adverse comment by September 21, 2016. If EPA receives adverse 
comment, EPA will publish a timely withdrawal in the Federal Register 
informing the public that the rule will not take effect. EPA will 
address all public comments in a subsequent final rule based on the 
proposed rule. EPA will not institute a second comment period on this 
action. Any parties interested in commenting must do so at this time.

IV. General Information Pertaining to SIP Submittals From the 
Commonwealth of Virginia

    In 1995, Virginia adopted legislation that provides, subject to 
certain conditions, for an environmental assessment (audit) 
``privilege'' for voluntary compliance evaluations performed by a 
regulated entity. The legislation further addresses the relative burden 
of proof for parties either asserting the privilege or seeking 
disclosure of documents for which the privilege is claimed. Virginia's 
legislation also provides, subject to certain conditions, for a penalty 
waiver for violations of environmental laws when a regulated entity 
discovers such violations pursuant to a voluntary compliance evaluation 
and voluntarily discloses such violations to the Commonwealth and takes 
prompt and appropriate measures to remedy the violations. Virginia's 
Voluntary Environmental Assessment Privilege Law, Va. Code Sec. 10.1-
1198, provides a privilege that protects from disclosure documents and 
information about the content of those documents that are the product 
of a voluntary environmental assessment. The Privilege Law does not 
extend to documents or information that: (1) Are generated or developed 
before the commencement of a

[[Page 56510]]

voluntary environmental assessment; (2) are prepared independently of 
the assessment process; (3) demonstrate a clear, imminent and 
substantial danger to the public health or environment; or (4) are 
required by law.
    On January 12, 1998, the Commonwealth of Virginia Office of the 
Attorney General provided a legal opinion that states that the 
Privilege Law, Va. Code Sec. 10.1-1198, precludes granting a privilege 
to documents and information ``required by law,'' including documents 
and information ``required by federal law to maintain program 
delegation, authorization or approval,'' since Virginia must ``enforce 
federally authorized environmental programs in a manner that is no less 
stringent than their federal counterparts . . . .'' The opinion 
concludes that ``[r]egarding Sec.  10.1-1198, therefore, documents or 
other information needed for civil or criminal enforcement under one of 
these programs could not be privileged because such documents and 
information are essential to pursuing enforcement in a manner required 
by federal law to maintain program delegation, authorization or 
approval.'' Virginia's Immunity law, Va. Code Sec. 10.1-1199, provides 
that ``[t]o the extent consistent with requirements imposed by federal 
law,'' any person making a voluntary disclosure of information to a 
state agency regarding a violation of an environmental statute, 
regulation, permit, or administrative order is granted immunity from 
administrative or civil penalty. The Attorney General's January 12, 
1998 opinion states that the quoted language renders this statute 
inapplicable to enforcement of any federally authorized programs, since 
``no immunity could be afforded from administrative, civil, or criminal 
penalties because granting such immunity would not be consistent with 
federal law, which is one of the criteria for immunity.''
    Therefore, EPA has determined that Virginia's Privilege and 
Immunity statutes will not preclude the Commonwealth from enforcing its 
NSR program consistent with the federal requirements. In any event, 
because EPA has also determined that a state audit privilege and 
immunity law can affect only state enforcement and cannot have any 
impact on federal enforcement authorities, EPA may at any time invoke 
its authority under the CAA, including, for example, sections 113, 167, 
205, 211 or 213, to enforce the requirements or prohibitions of the 
state plan, independently of any state enforcement effort. In addition, 
citizen enforcement under section 304 of the CAA is likewise unaffected 
by this, or any, state audit privilege or immunity law.

V. Incorporation by Reference

    In this rulemaking action, EPA is finalizing regulatory text that 
includes incorporation by reference. In accordance with requirements of 
1 CFR 51.5, the EPA is finalizing the incorporation by reference of the 
Virginia regulations as described in the amendments to 40 CFR part 52 
set forth below. Therefore, these materials have been approved by EPA 
for inclusion in the SIP, have been incorporated by reference by EPA 
into that plan, are fully federally enforceable under sections 110 and 
113 of the CAA as of the effective date of the final rulemaking of 
EPA's approval, and will be incorporated by reference by the Director 
of the Federal Register in the next update of the SIP compilation.\1\ 
The EPA has made, and will continue to make, these documents generally 
available electronically through www.regulations.gov and/or may be 
viewed at the appropriate EPA office (see the ADDRESSES section of this 
preamble for more information).
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

VI. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the CAA and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Orders 
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 
2011);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land as 
defined in 18 U.S.C. 1151 or in any other area where EPA or an Indian 
tribe has demonstrated that a tribe has jurisdiction. In those areas of 
Indian country, the rule does not have tribal implications and will not 
impose substantial direct costs on tribal governments or preempt tribal 
law as specified by Executive Order 13175 (65 FR 67249, November 9, 
2000).

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by October 21, 2016. Filing a petition for 
reconsideration by the

[[Page 56511]]

Administrator of this final rule does not affect the finality of this 
action for the purposes of judicial review nor does it extend the time 
within which a petition for judicial review may be filed, and shall not 
postpone the effectiveness of such rule or action. Parties with 
objections to this direct final rule are encouraged to file a comment 
in response to the parallel notice of proposed rulemaking for this 
action published in the proposed rules section of this Federal 
Register, rather than file an immediate petition for judicial review of 
this direct final rule, so that EPA can withdraw this direct final rule 
and address the comment in the proposed rulemaking action. This action 
pertaining to Virginia's minor NSR program may not be challenged later 
in proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: August 9, 2016.
Shawn M. Garvin,
Regional Administrator, Region III.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart VV--Virginia

0
2. In Sec.  52.2420, the table in paragraph (c) is amended by:
0
a. Removing the section entitled ``9VAC5, Chapter 80 Permits for 
Stationary Sources [Part VIII]'' including the entries for Sections 5-
80-10, 10A through 10P, VR120-08-01C.4.b and .01C.4.c, and 5-80-11;
0
b. Revising the entries for Sections 5-50-240, 5-50-250, and 5-50-260;
0
c. Adding the heading ``Article 6--Permits for New and Modified 
Stationary Sources'' and entries for Sections 5-80-1100 through 5-80-
1300 immediately following the entry for 5-80-1040.
    The revisions and additions read as follows:


Sec.  52.2420  Identification of plan.

* * * * *
    (c) * * *

                                 EPA-Approved Virginia Regulations and Statutes
----------------------------------------------------------------------------------------------------------------
                                                     State                               Explanation [former SIP
   State  citation          Title/Subject       effective date     EPA Approval date            citation]
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
 
----------------------------------------------------------------------------------------------------------------
                        9 VAC 5, Chapter 50 New and Modified Stationary Sources [Part V]
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                      Article 4 Standards of Performance for Stationary Sources (Rule 5-4)
----------------------------------------------------------------------------------------------------------------
5-50-240.............  Applicability and               11/7/12  8/22/16 [Insert Federal  Paragraphs A and C are
                        designation of                           Register Citation].      revised.
                        affected facility.
5-50-250.............  Definitions............         11/7/12  8/22/16 [Insert Federal  Paragraphs A-C are
                                                                 Register Citation].      revised.
5-50-260.............  Standards for                   11/7/12  8/22/16 [Insert Federal  Paragraphs A-D are
                        stationary sources.                      Register Citation].      revised.
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                         9 VAC 5, Chapter 80 Permits for Stationary Sources [Part VIII]
----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                           Article 6--Permits for New and Modified Stationary Sources
----------------------------------------------------------------------------------------------------------------
5-80-1100............  Applicability..........         11/7/12  8/22/16 [Insert Federal  .......................
                                                                 Register Citation].
5-80-1105............  Permit Exemptions......         11/7/12  8/22/16 [Insert Federal  Paragraph E is
                                                                 Register Citation].      excluded.
5-80-1110............  Definitions............         11/7/12  8/22/16 [Insert Federal  The definition at
                                                                 Register Citation].      paragraph 5 under
                                                                                          ``Regulated air
                                                                                          pollutant,'' and the
                                                                                          definition of ``Toxic
                                                                                          pollutant'' are
                                                                                          excluded.
5-80-1120............  General................         11/7/12  8/22/16 [Insert Federal  .......................
                                                                 Register Citation].
5-80-1130............  Reserved...............  ..............  .......................  Excluded from SIP.
5-80-1140............  Applications...........         11/7/12  8/22/16 [Insert Federal  .......................
                                                                 Register Citation].
5-80-1150............  Application information         11/7/12  8/22/16 [Insert Federal  .......................
                        required.                                Register Citation].
5-80-1160............  Action on permit                11/7/12  8/22/16 [Insert Federal  The latter portion of
                        application.                             Register Citation].      paragraph D (beginning
                                                                                          with ``. . . direct
                                                                                          consideration by the
                                                                                          board . . .'') is
                                                                                          excluded.
5-80-1170............  Public participation...         11/7/12  8/22/16 [Insert Federal  Paragraphs F and G are
                                                                 Register Citation].      excluded. See Sec.
                                                                                          52.2423(o).

[[Page 56512]]

 
5-80-1180............  Standards and                   11/7/12  8/22/16 [Insert Federal  The portion of
                        conditions for                           Register Citation].      paragraph A.1
                        granting permits.                                                 pertaining to
                                                                                          hazardous air
                                                                                          pollutant sources as
                                                                                          proscribed under 9VAC5-
                                                                                          60 is excluded.
5-80-1190............  Application review and          11/7/12  8/22/16 [Insert Federal  Paragraph 2 is
                        analysis.                                Register Citation].      excluded.
5-80-1200............  Compliance                      11/7/12  8/22/16 [Insert Federal  .......................
                        determination and                        Register Citation].
                        verification by
                        performance testing.
5-80-1210............  Permit invalidation,            11/7/12  8/22/16 [Insert Federal  Paragraph B is
                        suspension, revocation                   Register Citation].      excluded.
                        and enforcement.
5-80-1220............  Existence of permit no          11/7/12  8/22/16 [Insert Federal  .......................
                        defense.                                 Register Citation].
5-80-1230............  Compliance with local           11/7/12  8/22/16 [Insert Federal  .......................
                        zoning.                                  Register Citation].
5-80-1240............  Transfer of permits....         11/7/12  8/22/16 [Insert Federal  .......................
                                                                 Register Citation].
5-80-1250............  General permits........         11/7/12  8/22/16 [Insert Federal  .......................
                                                                 Register Citation].
5-80-1260............  Action to combine               11/7/12  8/22/16 [Insert Federal  .......................
                        permit terms and                         Register Citation].
                        conditions.
5-80-1270............  Actions to change               11/7/12  8/22/16 [Insert Federal  .......................
                        permits.                                 Register Citation].
5-80-1280............  Administrative permit           11/7/12  8/22/16 [Insert Federal  .......................
                        amendments.                              Register Citation].
5-80-1290............  Minor permit amendments         11/7/12  8/22/16 [Insert Federal  .......................
                                                                 Register Citation].
5-80-1300............  Significant amendment           11/7/12  8/22/16 [Insert Federal  .......................
                        procedures.                              Register Citation].
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2016-19770 Filed 8-19-16; 8:45 am]
 BILLING CODE 6560-50-P