Outer Continental Shelf Air Regulations; Consistency Update for Virginia, 56121-56129 [2019-22704]

Download as PDF Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations (4) * * * (v) Spares for the vessel are not located in a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part); (vi) Technology is not transferred to a national of a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part), except the minimum necessary in-transit maintenance to perform servicing required to depart and enter a port safely; and (vii) The vessel does not bear the livery, colors, or logos of a national of a destination in Country Group E:1 or E:2 (see supplement no. 1 to this part). * * * * * ■ 5. Section 740.21 is amended by: ■ a. Revising paragraphs (c)(1) and (d)(1); and ■ b. Removing and reserving paragraph (e)(2). The revisions read as follows: § 740.21 (SCP). khammond on DSKJM1Z7X2PROD with RULES * * * * (c) * * * (1) The export or reexport to Cuba of donated items for use in scientific, archaeological, cultural, ecological, educational, historic preservation, or sporting activities. The items may not be donated to organizations administered or controlled by the Cuban government or communist party, and must support eligible activities independent of the Cuban government and communist party. The activities may not relate to the ‘‘development,’’ ‘‘production,’’ ‘‘use,’’ operation, installation, maintenance, repair, overhaul or refurbishing of any item enumerated or otherwise described on the United States Munitions List (22 CFR part 121) or of any item enumerated or otherwise described on the Commerce Control List (supplement no. 1 to part 774 of the EAR) unless the only reason for control that applies to that item, as set forth in the ECCN that controls that item, is antiterrorism. * * * * * (d) * * * (1) The export or reexport to Cuba of items for the creation and upgrade of telecommunications infrastructure to improve the free flow of information to, from, and among the Cuban people, including infrastructure that enables access to the internet and use of internet services. For infrastructure items that would be used to connect specific end users, those items may be used to connect individual Cubans or the Cuban private sector only (e.g., not Cuban government ministries or state-owned enterprises). * * * * * VerDate Sep<11>2014 16:21 Oct 18, 2019 Jkt 250001 6. The authority citation for 15 CFR part 746 is revised to read as follows: ■ Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential Determination 2003–23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007–7, 72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 8, 2019, 84 FR 20537 (May 10, 2019). 7. Section 746.2 is amended by revising paragraph (b)(2)(v) to read as follows: ■ Cuba. * Support for the Cuban People * FOR FURTHER INFORMATION CONTACT: PART 746—[AMENDED] § 746.2 56121 * * * * (b) * * * (2) * * * (v) Items necessary to ensure the safety of civil aviation and the safe operation of commercial aircraft engaged in international air transportation, excluding the export or reexport of such aircraft leased to stateowned enterprises; and * * * * * Dated: October 15, 2019. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. Randall Ruddick at (206) 553–1999, or ruddick.randall@epa.gov, U.S. Environmental Protection Agency, Region 10, 1200 6th Avenue, Suite 155– 15–H13, Seattle, WA 98101–3188. SUPPLEMENTARY INFORMATION: Because EPA received adverse comment, we are withdrawing the direct final rule approving revisions to the Idaho SIP relating to revisions to the Idaho crop residue burning fee billing procedures, published on September 3, 2019 (84 FR 45918). We stated in that direct final rule that if we received adverse comment by October 3, 2019, we would publish a timely withdrawal in the Federal Register and the direct final rule would not take effect. We subsequently received an adverse comment on that direct final rule prior to October 3, 2019. Accordingly, we are withdrawing the direct final rule. We will address the comment in a subsequent final action based upon the parallel proposed rule also published on September 3, 2019 (84 FR 45930). As stated in the direct final rule and the parallel proposed rule, we will not institute a second comment period on this action. List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations. Authority: 42 U.S.C. 7401 et seq. BILLING CODE 3510–33–P Dated: October 9, 2019. Michelle L. Pirzadeh, Acting Regional Administrator, Region 10. ENVIRONMENTAL PROTECTION AGENCY PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS [FR Doc. 2019–22876 Filed 10–18–19; 8:45 am] Accordingly, the amendments to 40 CFR 52.670 published in the Federal Register on September 3, 2019 (84 FR 45918) on pages 45919–45920 are withdrawn effective October 21, 2019. ■ 40 CFR Part 52 [EPA–R10–OAR–2019–0403; FRL–10001– 24–Region 10] Air Plan Approval: ID; Update to CRB Fee Billing Procedures; Withdrawal of Direct Final Rule Environmental Protection Agency (EPA). ACTION: Withdrawal of direct final rule. [FR Doc. 2019–22813 Filed 10–18–19; 8:45 am] BILLING CODE 6560–50–P AGENCY: Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the direct final rule approving revisions to the Idaho State Implementation Plan (SIP) relating to Idaho crop residue burning fee billing procedures, published on September 3, 2019. DATES: The direct final rule published on September 3, 2019 (84 FR 45918), is withdrawn effective October 21, 2019. SUMMARY: PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 [EPA–R03–OAR–2011–0140; FRL–9999–40– Region 9] Outer Continental Shelf Air Regulations; Consistency Update for Virginia Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: E:\FR\FM\21OCR1.SGM 21OCR1 56122 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations The Environmental Protection Agency (EPA) is updating a portion of the Outer Continental Shelf (OCS) Air Regulations. Requirements applying to OCS sources located within 25 miles of states’ seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (COA), as mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources for which Virginia is the designated COA. The Commonwealth of Virginia’s requirements discussed in this document and listed in the appendix to the Federal OCS air regulations, are approved for incorporation into the compilation of state provisions that is incorporated by reference. DATES: This rule is effective on November 20, 2019. The incorporation by reference of a certain publication listed in this rule is approved by the Director of the Federal Register as of November 20, 2019. ADDRESSES: EPA has established a docket for this action under Docket ID Number EPA–R03–OAR–2011–0140. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) 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 through https:// www.regulations.gov, or please contact the person identified in the FOR FURTHER INFORMATION CONTACT section for additional availability information. FOR FURTHER INFORMATION CONTACT: Mrs. Amy Johansen, Permits Branch (3AD10), Air and Radiation Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is (215) 814–2156. Mrs. Johansen can also be reached via electronic mail at johansen.amy@ epa.gov. SUPPLEMENTARY INFORMATION: Sources,’’ dated February 20, 2019, which is incorporated by reference into 40 CFR part 55. See 84 FR 15549. Pursuant to 40 CFR 55.12, consistency reviews will occur (1) at least annually; (2) upon receipt of a Notice of Intent (NOI) under 40 CFR 55.4; or (3) when a state or local agency submits a rule to EPA to be considered for incorporation by reference in 40 CFR part 55. This action is being taken in response to the submittal of a NOI, received on January 28, 2019, by Dominion Energy Virginia, for the proposed installation of a 12megawatt offshore wind technology testing facility located approximately 24 nautical miles east of the City of Virginia Beach, Virginia.1 Section 328(a) of the CAA requires that EPA establish requirements to control air pollution from OCS sources located within 25 miles of States’ seaward boundaries that are the same as onshore requirements. To comply with this statutory mandate, EPA must incorporate applicable onshore rules into 40 CFR part 55 as they exist onshore. This limits EPA’s flexibility in deciding which requirements will be incorporated into 40 CFR part 55 and prevents EPA from making substantive changes to the requirements it incorporates. As a result, EPA may be incorporating rules into 40 CFR part 55 that do not conform to all of EPA’s state implementation plan (SIP) guidance or certain requirements of the CAA. Consistency updates may result in the inclusion of state or local rules or regulations into 40 CFR part 55, even though the same rules may ultimately be disapproved for inclusion as part of the SIP. Inclusion in the OCS rule does not imply that a rule meets the requirements of the CAA for SIP approval, nor does it imply that the rule will be approved by EPA for inclusion in the SIP. EPA reviewed Virginia’s rules for inclusion in 40 CFR part 55 to ensure that they are rationally related to the attainment or maintenance of Federal or state ambient air quality standards and compliance with part C of title I of the CAA, that they are not designed expressly to prevent exploration and development of the OCS, and that they are potentially applicable to OCS sources. See 40 CFR 55.1. EPA has also evaluated the rules to ensure they are not arbitrary or capricious. See 40 CFR I. Background On April 16, 2019, EPA published a Notice of Proposed Rulemaking (NPRM) proposing to approve various Virginia air pollution control requirements for inclusion in the updated compilation of ‘‘Commonwealth of Virginia Requirements Applicable to OCS 1 The EPA Region III Office was directly impacted by Congress’ failure to appropriate funds during the 2018–19 Federal government shutdown and resulting furlough of many Federal employees, including Region III personnel. As a result, although the NOI from Dominion Energy Virginia was signed on December 21, 2018, it was not received and date-stamped by EPA Region III until January 28, 2019, when the Region III office returned to operation. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 16:21 Oct 18, 2019 Jkt 250001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 55.12(e). In addition, EPA has excluded administrative or procedural rules,2 and requirements that regulate toxics which are not related to the attainment and maintenance of Federal and state ambient air quality standards. Other specific requirements of the consistency update and the rationale for EPA’s proposed action are explained in the April 16, 2019 NPRM and will not be restated here. II. Public Comments and EPA Responses EPA received three sets of comments on the April 16, 2019 NPRM. See 84 FR 15549. A summary of the relevant comments and EPA’s responses are discussed in this Section. A copy of the comments can be found in the docket for this rulemaking action. Comment: The Virginia Department of Environmental Quality (VADEQ) requested that EPA remove references to state-only toxics programs from being incorporated by reference into 40 CFR part 55, as proposed in EPA’s April 16, 2019 NPRM. See 84 FR 15549. This affects the following sections of the Virginia Administrative Code (VAC): 9VAC5–40–350, 9VAC5–40–790, 9VAC5–40–970, 9VAC5–40–1880, 9VAC5–40–2310, 9VAC5–40–2460, 9VAC5–40–2610, 9VAC5–40–3330, 9VAC5–40–3480, 9VAC5–40–4830, 9VAC5–40–5270, 9VAC5–40–6390, 9VAC5–40–6690, 9VAC5–40–6880, 9VAC5–40–7030, 9VAC5–40–7470, 9VAC5–40–8090, 9VAC5–50–320, and Article 4 (9VAC5–60–200 et seq.) and Article 5 (9VAC5–60–300 et seq.) of 9VAC5–60 in their entirety. EPA Response: At Virginia’s request, in this final rulemaking action, EPA removed all references to the air toxics regulations in the compilation of the ‘‘Commonwealth of Virginia Requirements Applicable to OCS Sources’’ in 40 CFR part 55. EPA does not believe removal of the toxics sections of VAC will have any adverse impact on VADEQ’s ability to properly implement air quality permitting for OCS sources, since they are not related to the attainment and maintenance of Federal and state ambient air quality standards. 2 Each COA which has been delegated the authority to implement and enforce 40 CFR part 55 will use its administrative and procedural rules as onshore. However, in those instances where EPA has not delegated authority to implement and enforce 40 CFR part 55, EPA will use its own administrative and procedural requirements to implement the substantive requirements. See 40 CFR 55.14(c)(4). Virginia has been delegated authority to implement and enforce the requirements of the OCS Regulations within 25 miles of Virginia’s seaward boundary. See 77 FR 44231 (July 27, 2012). E:\FR\FM\21OCR1.SGM 21OCR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations Comment: VADEQ requested that Part I (9VAC5–80–5 et seq.) of 9VAC5–80 be removed in its entirety from 40 CFR part 55, noting that this section, Permit Actions Before the Board, is a requirement of state code and cannot be implemented or enforced by EPA. EPA Response: At Virginia’s request, in this final rulemaking action, EPA removed Part I of 9VAC5–80 from the compilation of the ‘‘Commonwealth of Virginia Requirements Applicable to OCS Sources’’ in 40 CFR part 55. EPA does not believe removal of Part I (9VAC5–80–5 et seq.) of 9VAC5–80 will have any adverse impact on VADEQ’s ability to properly implement air quality permitting on OCS sources, since they are not related to the attainment and maintenance of Federal and state ambient air quality standards. Additionally, for clarification purposes, because Virginia has been delegated authority to implement and enforce the requirements of the OCS Regulations within 25 miles of Virginia’s seaward boundary, the inclusion of a regulation into 40 CFR part 55 does not designate EPA as the appropriate authority to implement or enforce those provisions of Virginia’s regulations, but, rather, reinforces that VADEQ has the ability to implement and enforce those potentially applicable provisions on OCS sources, for which Virginia is designated as the COA. See 77 FR 44231 (July 27, 2012). Comment: VADEQ noted a typographical error in EPA’s April 16, 2019 NPRM under Article 1 (9VAC5– 80–50 et seq.) of Part II of 9VAC5–80, the effective date of 03/02/2011 should be corrected to be 11/16/2016. EPA Response: EPA agrees with the commenter and has made the requested typographical correction. Comment: VADEQ requested that Part IV (9VAC5–130–100) of 9VAC5–130 be removed. VADEQ noted that this section, Local Ordinances, is a template for the use of local jurisdictions to develop their own open burning ordinances. VADEQ also noted that this is a requirement of state code and cannot be implemented or enforced by EPA. EPA Response: At Virginia’s request, in this final rulemaking action, EPA removed Part IV (9VAC5–130–100) of 9VAC5–130 from the compilation of the ‘‘Commonwealth of Virginia Requirements Applicable to OCS Sources’’ in 40 CFR part 55. EPA does not believe removal of Part IV (9VAC5– 130–100) of 9VAC5–130 will have any adverse impact on VADEQ’s ability to properly implement air quality permitting on OCS sources, since they are not related to the attainment and VerDate Sep<11>2014 16:21 Oct 18, 2019 Jkt 250001 maintenance of Federal and state ambient air quality standards. In a previous response to comment, EPA addressed VADEQ’s statement regarding EPA’s ability to implement or enforce VAC provisions and will not be restating that here. Comment: One commenter stated that regulating emissions from OCS sources within 25 miles of the coast to make them in accordance with onshore sources could make existing OCS sources within 25 miles obsolete. The commenter further asserts that dozens of oil rigs inside 25 miles comply with current OCS regulations, which require them to lower their emissions. In turn, the commenter states that requiring sources to comply with OCS requirements could cost rig owners a significant amount of money if they have to update or modify the rigs to comply. The commenter asserts that this could hurt many drilling businesses and as a result, hurt the economy. Finally, the commenter asks EPA to not go through with this proposal and allow companies to continue drilling within 25 miles of the shore under the current OCS regulations. EPA Response: As noted in EPA’s April 16, 2019 NPRM, this action is being taken because section 328(a) of the CAA requires that EPA establish requirements to control air pollution from OCS sources located within 25 miles of States’ seaward boundaries that are the same as onshore requirements. See 84 FR 15549. To comply with this statutory mandate, EPA must incorporate applicable onshore rules into 40 CFR part 55 as they exist onshore. This limits EPA’s flexibility in deciding which requirements will be incorporated into 40 CFR part 55 and prevents EPA from making substantive changes to the requirements it incorporates. This rulemaking action is simply updating requirements that were previously incorporated by reference into 40 CFR part 55. See 76 FR 43185 (July 20, 2011). Further, as noted in EPA’s April 16, 2019 NPRM and 40 CFR part 55.1, EPA reviewed all of the potentially applicable sections of VAC to ensure they are not designed expressly to prevent exploration and development of the OCS. Comment: Another commenter expressed that the proposed rule should take effect. The commenter then discusses Virginia’s designation as the COA and that the designation enhances the OCS sources’ protection. The commenter then goes on to discuss tourism in Virginia. Finally, the commenter concludes that Virginia should go further to control air PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 56123 pollution from OCS sources and comply with standards of the COA. EPA Response: While it is unclear to EPA exactly what the commenter’s main concern is with respect to this rulemaking action, EPA is meeting its statutory obligations in CAA section 328(a)(1) and the requirements of 40 CFR part 55 with respect to specific OCS requirements, upon finalizing this rulemaking action. Additionally, the ability of VADEQ to implement and enforce air quality provisions potentially applicable to an OCS source, for which Virginia is the COA, occurs because Virginia has been delegated the authority, by the EPA, to administer and enforce OCS air requirements. See 77 FR 44231 (July 27, 2012). Lastly, it should be noted that there are many other Federal, state, and local agencies involved in the process of developing the OCS, and in this final rulemaking action, EPA is ensuring that VADEQ has the ability to implement and enforce any necessary applicable air quality regulations for which they have been designated as the COA for that source. III. Final Action EPA is taking final action to incorporate the rules potentially applicable to OCS sources for which the Commonwealth of Virginia will be the COA. The rules that EPA is taking final action to incorporate are applicable provisions of VAC, as amended through February 20, 2019. The rules that EPA is taking final action to incorporate will replace the rules previously incorporated into ‘‘Commonwealth of Virginia Requirements Applicable to OCS Sources,’’ dated March 2, 2011, which was incorporated by reference into 40 CFR part 55. See 76 FR 43185 (July 20, 2011). IV. Incorporation by Reference In this rule, EPA is finalizing regulatory text that includes incorporation by reference. In accordance with the requirements of 1 CFR 51.5, EPA is finalizing the incorporation by reference of ‘‘Commonwealth of Virginia Requirements Applicable to OCS Sources,’’ dated February 20, 2019, which is the compilation of provisions of the VAC described in the amendments to 40 CFR part 55 set forth below. EPA has made, and will continue to make, these materials available through www.regulations.gov and at the EPA Region III Office (please contact the person identified in the FOR FURTHER INFORMATION CONTACT section of this preamble for more information). E:\FR\FM\21OCR1.SGM 21OCR1 56124 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES V. Statutory and Executive Order Reviews Under the Clean Air Act, the Administrator is required to establish requirements to control air pollution from OCS sources located within 25 miles of states’ seaward boundaries that are the same as onshore air pollution control requirements. To comply with this statutory mandate, the EPA must incorporate applicable onshore rules into 40 CFR part 55 as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in promulgating OCS consistency updates, EPA’s role is to maintain consistency between OCS regulations and the regulations of onshore areas, provided that they meet the criteria of the CAA. Accordingly, this action simply updates the existing OCS requirements to make them consistent with requirements onshore, without the exercise of any policy direction by EPA. 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); • Is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. • 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 VerDate Sep<11>2014 16:21 Oct 18, 2019 Jkt 250001 appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, this rule incorporating by reference sections of VAC, does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because this action is not approved to apply in Indian country located in the state, and EPA notes that it does not impose substantial direct costs on tribal governments or preemptive tribal law. Under the provisions of the Paperwork Reduction Act, 44 U.S.C 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in 40 CFR part 55 and, by extension, this update to the rules, and has assigned OMB control number 2060–0249. OMB approved the EPA Information Collection Request (ICR) No. 1601.08 on September 18, 2017.3 The current approval expires September 30, 2020. The annual public reporting and recordkeeping burden for collection of information under 40 CFR part 55 is estimated to average 643 hours per response, using the definition of burden provided in 44 U.S.C. 3502(2). 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. The 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). Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 20, 2019. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality 3 OMB’s approval of the ICR can be viewed at www.reginfo.gov. PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) EPA is incorporating the rules potentially applicable to sources for which the Commonwealth of Virginia is the COA. The rules that EPA is incorporating are applicable provisions of VAC. List of Subjects in 40 CFR Part 55 Environmental protection, Administrative practice and procedure, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Outer continental shelf, Ozone, Particulate matter, Permits, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: August 27, 2019. Cosmo Servidio, Regional Administrator, Region III. Part 55 of Chapter I, title 40 of the Code of Federal Regulations is amended as follows: PART 55—OUTER CONTINENTAL SHELF AIR REGULATIONS 1. The authority citation for part 55 continues to read as follows: ■ Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et seq.) as amended by Public Law 101–549. 2. Section 55.14 is amended by revising paragraph (e)(22)(i)(A) to read as follows: ■ § 55.14 Requirements that apply to OCS sources located within 25 miles of States’ seaward boundaries, by State. * * * * * (e) * * * (22) * * * (i) * * * (A) Commonwealth of Virginia Requirements Applicable to OCS Sources, February 20, 2019. * * * * * ■ 3. Appendix A to part 55 is amended by revising paragraph (a)(1) under the heading ‘‘Virginia’’ to read as follows: Appendix A to Part 55—Listing of State and Local Requirements Incorporated by Reference Into Part 55, by State * * * Virginia: (a) * * * E:\FR\FM\21OCR1.SGM 21OCR1 * * Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations (1) The following Commonwealth of Virginia requirements are applicable to OCS Sources, February 20, 2019, Commonwealth of Virginia—Virginia Department of Environmental Quality. The following sections of Virginia Regulations for the Control and Abatement of Air Pollution Control (VAC), Title 9, Agency 5: Chapter 10—General Definitions (Effective 05/19/2017) 9VAC5–10–10. General. 9VAC5–10–20. Terms defined. 9VAC5–10–30. Abbreviations. Chapter 20—General Provisions (Effective 02/19/2018) Part I—Administrative 9VAC5–20–10. Applicability. 9VAC5–20–21. Documents incorporated by reference. 9VAC5–20–50. Variances. 9VAC5–20–70. Circumvention. 9VAC5–20–80. Relationship of state regulations to federal regulations. 9VAC5–20–121. Air quality program policies and procedures. Part II—Air Quality Programs 9VAC5–20–160. Registration. 9VAC5–20–170. Control programs. 9VAC5–20–180. Facility and control equipment maintenance or malfunction. 9VAC5–20–200. Air quality control regions. 9VAC5–20–203. Maintenance areas. 9VAC5–20–204. Nonattainment areas. 9VAC5–20–205. Prevention of significant deterioration areas. 9VAC5–20–206. Volatile organic compound and nitrogen oxides emission control areas. 9VAC5–20–220. Shutdown of a stationary source. 9VAC5–20–230. Certification of documents. Chapter 30—Ambient Air Quality Standards (Effective 05/15/2017) 9VAC5–30–10. General. 9VAC5–30–15. Reference conditions. 9VAC5–30–30. Sulfur oxides (sulfur dioxide). 9VAC5–30–40. Carbon monoxide. 9VAC5–30–50. Ozone (1-hour). 9VAC5–30–55. Ozone (8-hour, 0.08 ppm). 9VAC5–30–56. Ozone (8-hour, 0.075 ppm). 9VAC5–30–57. Ozone (8-hour, 0.070 ppm). 9VAC5–30–60. Particulate matter (PM10). 9VAC5–30–65. Particulate matter (PM2.5). 9VAC5–30–66. Particulate matter (PM2.5). 9VAC5–30–67. Particulate matter (PM2.5). 9VAC5–30–70. Oxides of nitrogen with nitrogen dioxide as the indicator. 9VAC5–30–80. Lead. khammond on DSKJM1Z7X2PROD with RULES Chapter 40—Existing Stationary Sources Part I—Special Provisions (Effective 12/12/2007) 9VAC5–40–10. Applicability. 9VAC5–40–20. Compliance. 9VAC5–40–21. Compliance schedules. 9VAC5–40–22. Interpretation of emission standards based on process weight-rate tables. VerDate Sep<11>2014 16:21 Oct 18, 2019 Jkt 250001 9VAC5–40–30. Emission testing. 9VAC5–40–40. Monitoring. 9VAC5–40–41. Emission monitoring procedures for existing sources. 9VAC5–40–50. Notification, records and reporting. Part II—Emission Standards Article 1—Visible Emissions and Fugitive Dust/Emissions (Effective 02/01/2003) 9VAC5–40–60. Applicability and designation of affected facility. 9VAC5–40–70. Definitions. 9VAC5–40–80. Standard for visible emissions. 9VAC5–40–90. Standard for fugitive dust/ emissions. 9VAC5–40–100. Monitoring. 9VAC5–40–110. Test methods and procedures. 9VAC5–40–120. Waivers. Article 4—General Process Operations (Effective 12/15/2006) 9VAC5–40–240. Applicability and designation of affected facility. 9VAC5–40–250. Definitions. 9VAC5–40–260. Standard for particulate matter (AQCR 1–6). 9VAC5–40–270. Standard for particulate matter (AQCR 7). 9VAC5–40–280. Standard for sulfur dioxide. 9VAC5–40–290. Standard for hydrogen sulfide. 9VAC5–40–320. Standard for visible emissions. 9VAC5–40–330. Standard for fugitive dust/ emissions. 9VAC5–40–360. Compliance. 9VAC5–40–370. Test methods and procedures. 9VAC5–40–380. Monitoring. 9VAC5–40–390. Notification, records and reporting. 9VAC5–40–400. Registration. 9VAC5–40–410. Facility and control equipment maintenance or malfunction. 9VAC5–40–420. Permits. Article 7—Incinerators (Effective 01/01/1985) 9VAC5–40–730. Applicability and designation of affected facility. 9VAC5–40–740. Definitions. 9VAC5–40–750. Standard for particulate matter. 9VAC5–40–760. Standard for visible emissions. 9VAC5–40–770. Standard for fugitive dust/ emissions. 9VAC5–40–800. Prohibition of flue-fed incinerators. 9VAC5–40–810. Compliance. 9VAC5–40–820. Test methods and procedures. 9VAC5–40–830. Monitoring. 9VAC5–40–840. Notification, records and reporting. 9VAC5–40–850. Registration. 9VAC5–40–860. Facility and control equipment maintenance or malfunction. 9VAC5–40–870. Permits. Article 8—Fuel Burning Equipment (Effective 01/01/2002) PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 56125 9VAC5–40–880. Applicability and designation of affected facility. 9VAC5–40–890. Definitions. 9VAC5–40–900. Standard for particulate matter. 9VAC5–40–910. Emission allocation system. 9VAC5–40–920. Determination of collection equipment efficiency factor. 9VAC5–40–930. Standard for sulfur dioxide. 9VAC5–40–940. Standard for visible emissions. 9VAC5–40–950. Standard for fugitive dust/ emissions. 9VAC5–40–980. Compliance. 9VAC5–40–990. Test methods and procedures. 9VAC5–40–1000. Monitoring. 9VAC5–40–1010. Notification, records and reporting. 9VAC5–40–1020. Registration. 9VAC5–40–1030. Facility and control equipment maintenance or malfunction. 9VAC5–40–1040. Permits. Article 14—Sand-Gravel Processing; Stone Quarrying & Processing (Effective 01/01/1985) 9VAC5–40–1820. Applicability and designation of affected facility. 9VAC5–40–1830. Definitions. 9VAC5–40–1840. Standard for particulate matter. 9VAC5–40–1850. Standard for visible emissions. 9VAC5–40–1860. Standard for fugitive dust/ emissions. 9VAC5–40–1890. Compliance. 9VAC5–40–1900. Test methods and procedures. 9VAC5–40–1910. Monitoring. 9VAC5–40–1920. Notification, records and reporting. 9VAC5–40–1930. Registration. 9VAC5–40–1940. Facility and control equipment maintenance or malfunction. 9VAC5–40–1950. Permits. Article 17—Woodworking Operations (Effective 01/01/1985) 9VAC5–40–2250. Applicability and designation of affected facility. 9VAC5–40–2260. Definitions. 9VAC5–40–2270. Standard for particulate matter. 9VAC5–40–2280. Standard for visible emissions. 9VAC5–40–2290. Standard for fugitive dust/ emissions. 9VAC5–40–2320. Compliance. 9VAC5–40–2330. Test methods and procedures. 9VAC5–40–2340. Monitoring. 9VAC5–40–2350. Notification, records and reporting. 9VAC5–40–2360. Registration. 9VAC5–40–2370. Facility and control equipment maintenance or malfunction. 9VAC5–40–2380. Permits. Article 18—Primary and Secondary Metal Operations (Effective 01/01/1985) 9VAC5–40–2390. Applicability and designation of affected facility. 9VAC5–40–2400. Definitions. 9VAC5–40–2410. Standard for particulate matter. E:\FR\FM\21OCR1.SGM 21OCR1 56126 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations 9VAC5–40–2420. Standard for sulfur oxides. 9VAC5–40–2430. Standard for visible emissions. 9VAC5–40–2440. Standard for fugitive dust/ emissions. 9VAC5–40–2470. Compliance. 9VAC5–40–2480. Test methods and procedures. 9VAC5–40–2490. Monitoring. 9VAC5–40–2500. Notification, records and reporting. 9VAC5–40–2510. Registration. 9VAC5–40–2520. Facility and control equipment maintenance or malfunction. 9VAC5–40–2530. Permits. Article 19—Lightweight Aggregate Process Operations (Effective 01/01/1985) 9VAC5–40–2540. Applicability and designation of affected facility. 9VAC5–40–2550. Definitions. 9VAC5–40–2560. Standard for particulate matter. 9VAC5–40–2570. Standard for sulfur oxides. 9VAC5–40–2580. Standard for visible emissions. 9VAC5–40–2590. Standard for fugitive dust/ emissions. 9VAC5–40–2620. Compliance. 9VAC5–40–2630. Test methods and procedures. 9VAC5–40–2640. Monitoring. 9VAC5–40–2650. Notification, records and reporting. 9VAC5–40–2660. Registration. 9VAC5–40–2670. Facility and control equipment maintenance or malfunction. 9VAC5–40–2680. Permits. khammond on DSKJM1Z7X2PROD with RULES Article 24—Solvent Metal Cleaning Operations (Effective 03/24/2004) 9VAC5–40–3260. Applicability and designation of affected facility. 9VAC5–40–3270. Definitions. 9VAC5–40–3280. Standard for volatile organic compounds. 9VAC5–40–3290. Control technology guidelines. 9VAC5–40–3300. Standard for visible emissions. 9VAC5–40–3310. Standard for fugitive dust/ emissions. 9VAC5–40–3340. Compliance. 9VAC5–40–3350. Test methods and procedures. 9VAC5–40–3360. Monitoring. 9VAC5–40–3370. Notification, records and reporting. 9VAC5–40–3380. Registration. 9VAC5–40–3390. Facility and control equipment maintenance or malfunction. 9VAC5–40–3400. Permits. Article 25—VOC Storage & Transfer Operations (Effective 07/01/1991) 9VAC5–40–3410. Applicability and designation of affected facility. 9VAC5–40–3420. Definitions. 9VAC5–40–3430. Standard for volatile organic compounds. 9VAC5–40–3440. Control technology guidelines. 9VAC5–40–3450. Standard for visible emissions. VerDate Sep<11>2014 16:21 Oct 18, 2019 Jkt 250001 9VAC5–40–3460. Standard for fugitive dust/ emissions. 9VAC5–40–3490. Compliance. 9VAC5–40–3500. Test methods and procedures. 9VAC5–40–3510. Monitoring. 9VAC5–40–3520. Notification, records and reporting. 9VAC5–40–3530. Registration. 9VAC5–40–3540. Facility and control equipment maintenance or malfunction. 9VAC5–40–3550. Permits. Article 34—Miscellaneous Metal Parts/ Products Coating Application (Effective 02/01/2016) 9VAC5–40–4760. Applicability and designation of affected facility. 9VAC5–40–4770. Definitions. 9VAC5–40–4780. Standard for volatile organic compounds. 9VAC5–40–4790. Control technology guidelines. 9VAC5–40–4800. Standard for visible emissions. 9VAC5–40–4810. Standard for fugitive dust/ emissions. 9VAC5–40–4840. Compliance. 9VAC5–40–4850. Test methods and procedures. 9VAC5–40–4860. Monitoring. 9VAC5–40–4870. Notification, records and reporting. 9VAC5–40–4880. Registration. 9VAC5–40–4890. Facility and control equipment maintenance or malfunction. 9VAC5–40–4900. Permits. Article 37—Petroleum Liquid Storage and Transfer Operations (Effective 07/30/2015) 9VAC5–40–5200. Applicability and designation of affected facility. 9VAC5–40–5210. Definitions. 9VAC5–40–5220. Standard for volatile organic compounds. 9VAC5–40–5230. Control technology guidelines. 9VAC5–40–5240. Standard for visible emissions. 9VAC5–40–5250. Standard for fugitive dust/ emissions. 9VAC5–40–5280. Compliance. 9VAC5–40–5290. Test methods and procedures. 9VAC5–40–5300. Monitoring. 9VAC5–40–5310. Notification, records and reporting. 9VAC5–40–5320. Registration. 9VAC5–40–5330. Facility and control equipment maintenance or malfunction. 9VAC5–40–5340. Permits. Article 41—Mobile Sources (Effective 08/01/1991) 9VAC5–40–5650. Applicability and designation of affected facility. 9VAC5–40–5660. Definitions. 9VAC5–40–5670. Motor vehicles. 9VAC5–40–5680. Other mobile sources. 9VAC5–40–5690. Export/import of motor vehicles. Article 45—Commercial/Industrial Solid Waste Incinerators (Effective 11/16/2016) PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 9VAC5–40–6250. Applicability and designation of affected facility. 9VAC5–40–6260. Definitions. 9VAC5–40–6270. Standard for particulate matter. 9VAC5–40–6360. Standard for visible emissions. 9VAC5–40–6370. Standard for fugitive dust/ emissions. 9VAC5–40–6400. Operator training and qualification. 9VAC5–40–6410. Waste management plan. 9VAC5–40–6420. Compliance schedule. 9VAC5–40–6430. Operating limits. 9VAC5–40–6440. Facility and control equipment maintenance or malfunction. 9VAC5–40–6450. Test methods and procedures. 9VAC5–40–6460. Compliance. 9VAC5–40–6470. Monitoring. 9VAC5–40–6480. Recordkeeping and reporting. 9VAC5–40–6490. Requirements for air curtain incinerators. 9VAC5–40–6500. Registration. 9VAC5–40–6510. Permits. 9VAC5–40–6520. Documents Incorporated by Reference. Article 46—Small Municipal Waste Combustors (Effective 05/04/2005) 9VAC5–40–6550. Applicability and designation of affected facility. 9VAC5–40–6560. Definitions. 9VAC5–40–6570. Standard for particulate matter. 9VAC5–40–6580. Standard for carbon monoxide. 9VAC5–40–6590. Standard for dioxins/ furans. 9VAC5–40–6600. Standard for hydrogen chloride. 9VAC5–40–6610. Standard for sulfur dioxide. 9VAC5–40–6620. Standard for nitrogen oxides. 9VAC5–40–6630. Standard for lead. 9VAC5–40–6640. Standard for cadmium. 9VAC5–40–6650. Standard for mercury. 9VAC5–40–6660. Standard for visible emissions. 9VAC5–40–6670. Standard for fugitive dust/ emissions. 9VAC5–40–6700. Operator training and certification. 9VAC5–40–6710. Compliance schedule. 9VAC5–40–6720. Operating requirements. 9VAC5–40–6730. Compliance. 9VAC5–40–6740. Test methods and procedures. 9VAC5–40–6750. Monitoring. 9VAC5–40–6760. Recordkeeping. 9VAC5–40–6770. Reporting. 9VAC5–40–6780. Requirements for air curtain incinerators that burn 100 percent yard waste. 9VAC5–40–6790. Registration. 9VAC5–40–6800. Facility and control equipment maintenance or malfunction. 9VAC5–40–6810. Permits. Article 47—Solvent Cleaning (Effective 03/24/2004) 9VAC5–40–6820. Applicability and designation of affected facility. E:\FR\FM\21OCR1.SGM 21OCR1 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations 9VAC5–40–6830. Definitions. 9VAC5–40–6840. Standard for volatile organic compounds. 9VAC5–40–6850. Standard for visible emissions. 9VAC5–40–6860. Standard for fugitive dust/ emissions. 9VAC5–40–6890. Compliance. 9VAC5–40–6900. Compliance schedules. 9VAC5–40–6910. Test methods and procedures. 9VAC5–40–6920. Monitoring. 9VAC5–40–6930. Notification, records and reporting. 9VAC5–40–6940. Registration. 9VAC5–40–6950. Facility and control equipment maintenance or malfunction. 9VAC5–40–6960. Permits. khammond on DSKJM1Z7X2PROD with RULES Article 48—Mobile Equipment Repair and Refinishing (Effective 10/01/2013) 9VAC5–40–6970. Applicability and designation of affected facility. 9VAC5–40–6975. Exemptions. 9VAC5–40–6980. Definitions. 9VAC5–40–6990. Standard for volatile organic compounds. 9VAC5–40–7000. Standard for visible emissions. 9VAC5–40–7010. Standard for fugitive dust/ emissions. 9VAC5–40–7040. Compliance. 9VAC5–40–7050. Compliance schedule. 9VAC5–40–7060. Test methods and procedures. 9VAC5–40–7070. Monitoring. 9VAC5–40–7080. Notification, records and reporting. 9VAC5–40–7090. Registration. 9VAC5–40–7100. Facility and control equipment maintenance or malfunction. 9VAC5–40–7110. Permits. Article 51—Stationary Sources Subject to Case-by-Case RACT Determinations (Effective 12/02/2015) 9VAC5–40–7370. Applicability and designation of affected facility. 9VAC5–40–7380. Definitions. 9VAC5–40–7390. Standard for volatile organic compounds (1-hour ozone standard) 9VAC5–40–7400. Standard for volatile organic compounds (8-hour ozone standard). 9VAC5–40–7410. Standard for nitrogen oxides (1-hour ozone standard). 9VAC5–40–7420. Standard for nitrogen oxides (8-hour ozone standard). 9VAC5–40–7430. Presumptive reasonably available control technology guidelines for stationary sources of nitrogen oxides. 9VAC5–40–7440. Standard for visible emissions. 9VAC5–40–7450. Standard for fugitive dust/ emissions. 9VAC5–40–7480. Compliance. 9VAC5–40–7490. Test methods and procedures. 9VAC5–40–7500. Monitoring. 9VAC5–40–7510. Notification, records and reporting. 9VAC5–40–7520. Registration. 9VAC5–40–7530. Facility and control equipment maintenance or malfunction. VerDate Sep<11>2014 16:21 Oct 18, 2019 Jkt 250001 9VAC5–40–7540. Permits. Article 54—Large Municipal Waste Combustors (Effective 07/01/2003) 9VAC5–40–7950. Applicability and designation of affected facility. 9VAC5–40–7960. Definitions. 9VAC5–40–7970. Standard for particulate matter. 9VAC5–40–7980. Standard for carbon monoxide. 9VAC5–40–7990. Standard for cadmium. 9VAC5–40–8000. Standard for lead. 9VAC5–40–8010. Standard for mercury. 9VAC5–40–8020. Standard for sulfur dioxide. 9VAC5–40–8030. Standard for hydrogen chloride. 9VAC5–40–8040. Standard for dioxin/furan. 9VAC5–40–8050. Standard for nitrogen oxides. 9VAC5–40–8060. Standard for visible emissions. 9VAC5–40–8070. Standard for fugitive dust/ emissions. 9VAC5–40–8100. Compliance. 9VAC5–40–8110. Compliance schedules. 9VAC5–40–8120. Operating practices. 9VAC5–40–8130. Operator training and certification. 9VAC5–40–8140. Test Methods and Procedures. 9VAC5–40–8150. Monitoring. 9VAC5–40–8160. Notification, Records and Reporting. 9VAC5–40–8170. Registration. 9VAC5–40–8180. Facility and control equipment maintenance or malfunction. 9VAC5–40–8190. Permits. Chapter 50—New and Modified Stationary Sources Part I—Special Provisions (Effective 12/12/2007) 9VAC5–50–10. Applicability. 9VAC5–50–20. Compliance. 9VAC5–50–30. Performance testing. 9VAC5–50–40. Monitoring. 9VAC5–50–50. Notification, records and reporting. Part II—Emission Standards Article 1—Visible Emissions and Fugitive Dust/Emissions (Effective 02/01/2003) 9VAC5–50–60. Applicability and designation of affected facility. 9VAC5–50–70. Definitions. 9VAC5–50–80. Standard for visible emissions. 9VAC5–50–90. Standard for fugitive dust/ emissions. 9VAC5–50–100. Monitoring. 9VAC5–50–110. Test methods and procedures. 9VAC5–50–120. Waivers. Article 4—Stationary Sources (Effective 11/07/2012) 9VAC5–50–240. Applicability and designation of affected facility. 9VAC5–50–250. Definitions. 9VAC5–50–260. Standard for stationary sources. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 56127 9VAC5–50–270. Standard for major stationary sources (nonattainment areas). 9VAC5–50–280. Standard for major stationary sources (prevention of significant deterioration areas). 9VAC5–50–290. Standard for visible emissions. 9VAC5–50–300. Standard for fugitive dust/ emissions. 9VAC5–50–330. Compliance. 9VAC5–50–340. Test methods and procedures. 9VAC5–50–350. Monitoring. 9VAC5–50–360. Notification, records and reporting. 9VAC5–50–370. Registration. 9VAC5–50–380. Facility and control equipment maintenance or malfunction. 9VAC5–50–390. Permits. Article 5—EPA New Source Performance Standards (Effective 02/20/2019) 9VAC5–50–400. General. 9VAC5–50–405. Authority to implement and enforce standards as authorized by EPA. 9VAC5–50–410. Designated standards of performance. 9VAC5–50–420. Word or phrase substitutions. Chapter 60—Hazardous Air Pollutant Sources Part I—Special Provisions (Effective 08/01/2002) 9VAC5–60–10. Applicability. 9VAC5–60–20. Compliance. 9VAC5–60–30. Emission testing. 9VAC5–60–40. Monitoring. 9VAC5–60–50. Notification, records and reporting. Part II—Emission Standards Article 1—EPA National Emissions Standards for Hazardous Air Pollutants (Effective 02/20/2019) 9VAC5–60–60. General. 9VAC5–60–65. Authority to implement and enforce standards as authorized by EPA. 9VAC5–60–70. Designated emission standards. 9VAC5–60–80. Word or phrase substitutions. Article 2—EPA Maximum Achievable Control Technology Standards (Effective 03/02/2011) 9VAC5–60–90. General. 9VAC5–60–95. Authority to implement and enforce standards as authorized by EPA. 9VAC5–60–100. Designated emission standards. 9VAC5–60–110. Word or phrase substitutions. Article 3—Control Technology Determinations for Major Sources of Hazardous Air Pollutants (Effective 07/01/2004) 9VAC5–60–120. Applicability. 9VAC5–60–130. Definitions. 9VAC5–60–140. Approval process for new and existing affected sources. 9VAC5–60–150. Application content for case-by-case MACT determinations. E:\FR\FM\21OCR1.SGM 21OCR1 56128 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations 9VAC5–60–160. Preconstruction review procedures for new affected sources subject to 9VAC5–60–140 C 1. 9VAC5–60–170. Maximum achievable control technology (MACT) determinations for affected sources subject to case-by-case determination of equivalent emission limitations. 9VAC5–60–180. Requirements for case-bycase determination of equivalent emission limitations after promulgation of a subsequent MACT standard. Chapter 70—Air Pollution Episode Prevention (Effective 04/01/1999) 9VAC5–70–10. Applicability. 9VAC5–70–20. Definitions. 9VAC5–70–30. General. 9VAC5–70–40. Episode determination 9VAC5–70–50. Standby emission reduction plans. 9VAC5–70–60. Control requirements. 9VAC5–70–70. Local air pollution control agency participation. Chapter 80—Permits for Stationary Sources khammond on DSKJM1Z7X2PROD with RULES Part II—Permit Procedures Article 1—Federal (Title V) Operating Permits for Stationary Sources (Effective 11/16/2016) 9VAC5–80–50. Applicability. 9VAC5–80–60. Definitions. 9VAC5–80–70. General. 9VAC5–80–80. Applications. 9VAC5–80–90. Application information required. 9VAC5–80–100. Emission caps. 9VAC5–80–110. Permit content. 9VAC5–80–120. General permits. 9VAC5–80–130. Temporary sources. 9VAC5–80–140. Permit shield. 9VAC5–80–150. Action on permit application. 9VAC5–80–160. Transfer of permits. 9VAC5–80–170. Permit renewal and expiration. 9VAC5–80–180. Permanent shutdown for emissions trading. 9VAC5–80–190. Changes to permits. 9VAC5–80–200. Administrative permit amendments. 9VAC5–80–210. Minor permit modifications. 9VAC5–80–220. Group processing of minor permit modifications. 9VAC5–80–230. Significant modification procedures. 9VAC5–80–240. Reopening for cause. 9VAC5–80–250. Malfunction. 9VAC5–80–260. Enforcement. 9VAC5–80–270. Public participation. 9VAC5–80–280. Operational flexibility. 9VAC5–80–290. Permit review by EPA and affected states. 9VAC5–80–300. Voluntary inclusions of additional state-only requirements as applicable state requirements in the permit. Article 2—Permit Program (Title V) Fees for Stationary Sources (Effective 01/01/2018) 9VAC5–80–310. Applicability. 9VAC5–80–320. Definitions. VerDate Sep<11>2014 16:21 Oct 18, 2019 Jkt 250001 9VAC5–80–330. General. 9VAC5–80–340. Annual permit program fee calculation prior to January 1, 2018. 9VAC5–80–342. Annual Permit program emissions fee calculation on and after January 2, 2018. 9VAC5–80–350. Annual permit program emissions fee payment. Article 4—Insignificant Activities (Effective 01/01/2001) 9VAC5–80–710. General. 9VAC5–80–720. Insignificant activities. Article 5—State Operating Permits (Effective 12/31/2008) 9VAC5–80–800. Applicability. 9VAC5–80–810. Definitions. 9VAC5–80–820. General. 9VAC5–80–830. Applications. 9VAC5–80–840. Application information required. 9VAC5–80–850. Standards and conditions for granting permits. 9VAC5–80–860. Action on permit application. 9VAC5–80–870. Application review and analysis. 9VAC5–80–880. Compliance determination and verification by testing. 9VAC5–80–890. Monitoring requirements. 9VAC5–80–900. Reporting requirements. 9VAC5–80–910. Existence of permit no defense. 9VAC5–80–920. Circumvention. 9VAC5–80–930. Compliance with local zoning requirements. 9VAC5–80–940. Transfer of permits. 9VAC5–80–950. Termination of permits. 9VAC5–80–960. Changes to permits. 9VAC5–80–970. Administrative permit amendments. 9VAC5–80–980. Minor permit amendments. 9VAC5–80–990. Significant amendment procedures. 9VAC5–80–1000. Reopening for cause. 9VAC5–80–1010. Enforcement. 9VAC5–80–1020. Public participation. 9VAC5–80–1030. General permits. 9VAC5–80–1040. Review and evaluation of article. Article 6—Permits for New and Modified Stationary Sources (Effective 03/27/2014) 9VAC5–80–1100. Applicability. 9VAC5–80–1105. Permit Exemptions. 9VAC5–80–1110. Definitions. 9VAC5–80–1120. General. 9VAC5–80–1140. Applications. 9VAC5–80–1150. Application information required. 9VAC5–80–1160. Action on permit application. 9VAC5–80–1170. Public participation. 9VAC5–80–1180. Standards and conditions for granting permits. 9VAC5–80–1190. Application review and analysis. 9VAC5–80–1200. Compliance determination and verification by performance testing. 9VAC5–80–1210. Permit invalidation, suspension, revocation and enforcement. 9VAC5–80–1220. Existence of permit no defense. 9VAC5–80–1230. Compliance with local zoning requirements. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 9VAC5–80–1240. Transfer of permits. 9VAC5–80–1250. General permits. 9VAC5–80–1255. Actions to combine permit terms and conditions. 9VAC5–80–1260. Actions to change permits. 9VAC5–80–1270. Administrative permit amendments. 9VAC5–80–1280. Minor permit amendments. 9VAC5–80–1290. Significant amendment procedures. 9VAC5–80–1300. Reopening for cause. Article 7—Permits for New and Reconstructed Major Sources of HAPs (Effective 12/31/2008) 9VAC5–80–1400. Applicability. 9VAC5–80–1410. Definitions. 9VAC5–80–1420. General. 9VAC5–80–1430. Applications. 9VAC5–80–1440. Application information required. 9VAC5–80–1450. Action on permit application. 9VAC5–80–1460. Public participation. 9VAC5–80–1470. Standards and conditions for granting permits. 9VAC5–80–1480. Application review and analysis. 9VAC5–80–1490. Compliance determination and verification by performance testing. 9VAC5–80–1500. Permit invalidation, rescission, revocation and enforcement. 9VAC5–80–1510. Existence of permit no defense. 9VAC5–80–1520. Compliance with local zoning requirements. 9VAC5–80–1530. Transfer of permits. 9VAC5–80–1540. Changes to permits. 9VAC5–80–1550. Administrative permit amendments. 9VAC5–80–1560. Minor permit amendments. 9VAC5–80–1570. Significant amendment procedures. 9VAC5–80–1580. Reopening for cause. 9VAC5–80–1590. Requirements for constructed or reconstructed major sources subject to a subsequently promulgated MACT standard or MACT requirements. Article 8—Permits for Major Stationary Sources and Modifications—PSD Areas (Effective 08/13/2015) 9VAC5–80–1605. Applicability. 9VAC5–80–1615. Definitions. 9VAC5–80–1625. General. 9VAC5–80–1635. Ambient air increments. 9VAC5–80–1645. Ambient air ceilings. 9VAC5–80–1655. Applications. 9VAC5–80–1665. Compliance with local zoning requirements. 9VAC5–80–1675. Compliance determination and verification by performance testing. 9VAC5–80–1685. Stack heights. 9VAC5–80–1695. Exemptions. 9VAC5–80–1705. Control technology review. 9VAC5–80–1715. Source impact analysis. 9VAC5–80–1725. Air quality models. 9VAC5–80–1735. Air quality analysis. 9VAC5–80–1745. Source information. 9VAC5–80–1755. Additional impact analyses. 9VAC5–80–1765. Sources affecting federal class I areas—additional requirements. 9VAC5–80–1773. Action on permit application. E:\FR\FM\21OCR1.SGM 21OCR1 Federal Register / Vol. 84, No. 203 / Monday, October 21, 2019 / Rules and Regulations 9VAC5–80–1775. Public participation. 9VAC5–80–1785. Source obligation. 9VAC5–80–1795. Environmental impact statements. 9VAC5–80–1805. Disputed permits. 9VAC5–80–1815. Interstate pollution abatement. 9VAC5–80–1825. Innovative control technology. 9VAC5–80–1865. Actuals plantwide applicability limits (PALs). 9VAC5–80–1915. Actions to combine permit terms and conditions. 9VAC5–80–1925. Actions to change permits. 9VAC5–80–1935. Administrative permit amendments. 9VAC5–80–1945. Minor permit amendments. 9VAC5–80–1955. Significant amendment procedures. 9VAC5–80–1965. Reopening for cause. 9VAC5–80–1975. Transfer of permits. 9VAC5–80–1985. Permit invalidation, suspension, revocation, and enforcement. 9VAC5–80–1995. Existence of permit no defense. khammond on DSKJM1Z7X2PROD with RULES Article 9—Permits for Major Stationary Sources and Modifications—Nonattainment Areas (Effective 05/15/2017) 9VAC5–80–2000. Applicability. 9VAC5–80–2010. Definitions. 9VAC5–80–2020. General. 9VAC5–80–2030. Applications. 9VAC5–80–2040. Application information required. 9VAC5–80–2050. Standards and conditions for granting permits. 9VAC5–80–2060. Action on permit application. 9VAC5–80–2070. Public participation. 9VAC5–80–2080. Compliance determination and verification by performance testing. 9VAC5–80–2090. Application review and analysis. 9VAC5–80–2091. Source obligation. 9VAC5–80–2110. Interstate pollution abatement. 9VAC5–80–2120. Offsets. 9VAC5–80–2130. De minimis increases and stationary source modification alternatives for ozone nonattainment areas classified as serious or severe in 9VAC5–20–204. 9VAC5–80–2140. Exemptions. 9VAC5–80–2144. Actuals plantwide applicability limits (PALs). 9VAC5–80–2150. Compliance with local zoning requirements. 9VAC5–80–2170. Transfer of permits. 9VAC5–80–2180. Permit invalidation, suspension, revocation and enforcement. 9VAC5–80–2190. Existence of permit no defense. 9VAC5–80–2195. Actions to combine permit terms and conditions. 9VAC5–80–2200. Actions to change permits. 9VAC5–80–2210. Administrative permit amendments. 9VAC5–80–2220. Minor permit amendments. 9VAC5–80–2230. Significant amendment procedures. 9VAC5–80–2240. Reopening for cause. VerDate Sep<11>2014 16:21 Oct 18, 2019 Jkt 250001 Article 10—Permit Application Fees for Stationary Sources (Effective 01/01/2018) 9VAC5–80–2250. Applicability. 9VAC5–80–2260. Definitions. 9VAC5–80–2270. General. 9VAC5–80–2280. Permit application fee calculation prior to January 1, 2018. 9VAC5–80–2282. Permit application fee calculation on and after January 1, 2018. 9VAC5–80–2290. Permit application fee payment. Article 11—Annual Permit Maintenance Fees for Stationary Sources (Effective 01/01/2018) 9VAC5–80–2310. Applicability. 9VAC5–80–2320. Definitions. 9VAC5–80–2330. General. 9VAC5–80–2340. Annual Permit Maintenance Fee Calculation Prior to January 1, 2018. 9VAC5–80–2342. Annual Permit Maintenance Fee Calculation on and After January 1, 2018. 9VAC5–80–2350. Annual Permit Maintenance Fee Payment. Chapter 85—Permits for Stationary Sources of Pollutants Subject to Regulation (Effective 08/13/2015) Part I—Applicability 9VAC5–85–10. Applicability. Part II—Federal (Title V) Operating Permit Actions 9VAC5–85–20. Federal (Title V) operating permit actions. 9VAC5–85–30. Definitions. Part III—Prevention of Significant Deterioration Area Permit Actions 9VAC5–85–40. Prevention of Significant Deterioration Area permit actions. 9VAC5–85–50. Definitions. Part IV—State Operating Permit Actions 56129 Part I—General Definitions 9VAC5–151–10. Definitions. Part II—General Provisions 9VAC5–151–20. Applicability. 9VAC5–151–30. Authority of board and DEQ. Part III—Criteria and Procedures for Making Conformity Determinations 9VAC5–151–40. General. 9VAC5–151–50. Designated provisions. 9VAC5–151–60. Word or phrase substitutions. 9VAC5–151–70. Consultation. Chapter 160—General Conformity (Effective 05/15/2017) Part I—General Definitions 9VAC5–160–10. General. 9VAC5–160–20. Terms defined. Part II—General Provisions 9VAC5–160–30. Applicability. 9VAC5–160–40. Authority of board and department. 9VAC5–160–80. Relationship of state regulations to federal regulations. Part III—Criteria and Procedures for Making Conformity Determinations 9VAC5–160–110. General. 9VAC5–160–120. Federal agency conformity analysis. 9VAC5–160–130. Reporting requirements. 9VAC5–160–140. Public participation. 9VAC5–160–150. Reevaluation of conformity. 9VAC5–160–160. Criteria for determining conformity of general federal actions. 9VAC5–160–170. Procedures for conformity determinations. 9VAC5–160–180. Mitigation of air quality impacts. 9VAC5–160–190. Savings provision. (2) [Reserved] * * * * * [FR Doc. 2019–22704 Filed 10–18–19; 8:45 am] BILLING CODE 6560–50–P 9VAC5–85–60. State operating permit actions. 9VAC5–85–70. Definitions. DEPARTMENT OF TRANSPORTATION Chapter 130—Open Burning Federal Transit Administration (Effective 07/15/2015) 49 CFR Part 624 Part I—General Provisions [Docket No. FTA–2019–000X] 9VAC5–130–10. Applicability. 9VAC5–130–20. Definitions. RIN 2132–AB36 Part II—Volatile Organic Compound Emissions Control Areas Clean Fuels Grant Program 9VAC5–130–30. Open burning prohibitions. 9VAC5–130–40. Permissible open burning. AGENCY: Part III—Special Statewide Requirements for Forestry, Agricultural and Highway Programs 9VAC5–130–50. Forest management, agricultural practices and highway construction and maintenance programs. Chapter 151—Transportation Conformity (Effective 11/16/2016) PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 Federal Transit Administration (FTA), Department of Transportation. ACTION: Final rule. This rulemaking rescinds the FTA regulation that implements the Clean Fuels Grants Program, which was rescinded by statute in 2012. DATES: This final rule is effective on October 21, 2019. FOR FURTHER INFORMATION CONTACT: Mark Montgomery, Office of Chief SUMMARY: E:\FR\FM\21OCR1.SGM 21OCR1

Agencies

[Federal Register Volume 84, Number 203 (Monday, October 21, 2019)]
[Rules and Regulations]
[Pages 56121-56129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-22704]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 55

[EPA-R03-OAR-2011-0140; FRL-9999-40-Region 9]


Outer Continental Shelf Air Regulations; Consistency Update for 
Virginia

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

[[Page 56122]]

SUMMARY: The Environmental Protection Agency (EPA) is updating a 
portion of the Outer Continental Shelf (OCS) Air Regulations. 
Requirements applying to OCS sources located within 25 miles of states' 
seaward boundaries must be updated periodically to remain consistent 
with the requirements of the corresponding onshore area (COA), as 
mandated by section 328(a)(1) of the Clean Air Act (CAA). The portion 
of the OCS air regulations that is being updated pertains to the 
requirements for OCS sources for which Virginia is the designated COA. 
The Commonwealth of Virginia's requirements discussed in this document 
and listed in the appendix to the Federal OCS air regulations, are 
approved for incorporation into the compilation of state provisions 
that is incorporated by reference.

DATES: This rule is effective on November 20, 2019. The incorporation 
by reference of a certain publication listed in this rule is approved 
by the Director of the Federal Register as of November 20, 2019.

ADDRESSES: EPA has established a docket for this action under Docket ID 
Number EPA-R03-OAR-2011-0140. All documents in the docket are listed on 
the https://www.regulations.gov website. Although listed in the index, 
some information is not publicly available, e.g., confidential business 
information (CBI) 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 through 
https://www.regulations.gov, or please contact the person identified in 
the For Further Information Contact section for additional availability 
information.

FOR FURTHER INFORMATION CONTACT: Mrs. Amy Johansen, Permits Branch 
(3AD10), Air and Radiation Division, U.S. Environmental Protection 
Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. 
The telephone number is (215) 814-2156. Mrs. Johansen can also be 
reached via electronic mail at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 16, 2019, EPA published a Notice of Proposed Rulemaking 
(NPRM) proposing to approve various Virginia air pollution control 
requirements for inclusion in the updated compilation of ``Commonwealth 
of Virginia Requirements Applicable to OCS Sources,'' dated February 
20, 2019, which is incorporated by reference into 40 CFR part 55. See 
84 FR 15549.
    Pursuant to 40 CFR 55.12, consistency reviews will occur (1) at 
least annually; (2) upon receipt of a Notice of Intent (NOI) under 40 
CFR 55.4; or (3) when a state or local agency submits a rule to EPA to 
be considered for incorporation by reference in 40 CFR part 55. This 
action is being taken in response to the submittal of a NOI, received 
on January 28, 2019, by Dominion Energy Virginia, for the proposed 
installation of a 12-megawatt offshore wind technology testing facility 
located approximately 24 nautical miles east of the City of Virginia 
Beach, Virginia.\1\
---------------------------------------------------------------------------

    \1\ The EPA Region III Office was directly impacted by Congress' 
failure to appropriate funds during the 2018-19 Federal government 
shutdown and resulting furlough of many Federal employees, including 
Region III personnel. As a result, although the NOI from Dominion 
Energy Virginia was signed on December 21, 2018, it was not received 
and date-stamped by EPA Region III until January 28, 2019, when the 
Region III office returned to operation.
---------------------------------------------------------------------------

    Section 328(a) of the CAA requires that EPA establish requirements 
to control air pollution from OCS sources located within 25 miles of 
States' seaward boundaries that are the same as onshore requirements. 
To comply with this statutory mandate, EPA must incorporate applicable 
onshore rules into 40 CFR part 55 as they exist onshore. This limits 
EPA's flexibility in deciding which requirements will be incorporated 
into 40 CFR part 55 and prevents EPA from making substantive changes to 
the requirements it incorporates. As a result, EPA may be incorporating 
rules into 40 CFR part 55 that do not conform to all of EPA's state 
implementation plan (SIP) guidance or certain requirements of the CAA. 
Consistency updates may result in the inclusion of state or local rules 
or regulations into 40 CFR part 55, even though the same rules may 
ultimately be disapproved for inclusion as part of the SIP. Inclusion 
in the OCS rule does not imply that a rule meets the requirements of 
the CAA for SIP approval, nor does it imply that the rule will be 
approved by EPA for inclusion in the SIP.
    EPA reviewed Virginia's rules for inclusion in 40 CFR part 55 to 
ensure that they are rationally related to the attainment or 
maintenance of Federal or state ambient air quality standards and 
compliance with part C of title I of the CAA, that they are not 
designed expressly to prevent exploration and development of the OCS, 
and that they are potentially applicable to OCS sources. See 40 CFR 
55.1. EPA has also evaluated the rules to ensure they are not arbitrary 
or capricious. See 40 CFR 55.12(e). In addition, EPA has excluded 
administrative or procedural rules,\2\ and requirements that regulate 
toxics which are not related to the attainment and maintenance of 
Federal and state ambient air quality standards. Other specific 
requirements of the consistency update and the rationale for EPA's 
proposed action are explained in the April 16, 2019 NPRM and will not 
be restated here.
---------------------------------------------------------------------------

    \2\ Each COA which has been delegated the authority to implement 
and enforce 40 CFR part 55 will use its administrative and 
procedural rules as onshore. However, in those instances where EPA 
has not delegated authority to implement and enforce 40 CFR part 55, 
EPA will use its own administrative and procedural requirements to 
implement the substantive requirements. See 40 CFR 55.14(c)(4). 
Virginia has been delegated authority to implement and enforce the 
requirements of the OCS Regulations within 25 miles of Virginia's 
seaward boundary. See 77 FR 44231 (July 27, 2012).
---------------------------------------------------------------------------

II. Public Comments and EPA Responses

    EPA received three sets of comments on the April 16, 2019 NPRM. See 
84 FR 15549. A summary of the relevant comments and EPA's responses are 
discussed in this Section. A copy of the comments can be found in the 
docket for this rulemaking action.
    Comment: The Virginia Department of Environmental Quality (VADEQ) 
requested that EPA remove references to state-only toxics programs from 
being incorporated by reference into 40 CFR part 55, as proposed in 
EPA's April 16, 2019 NPRM. See 84 FR 15549. This affects the following 
sections of the Virginia Administrative Code (VAC): 9VAC5-40-350, 
9VAC5-40-790, 9VAC5-40-970, 9VAC5-40-1880, 9VAC5-40-2310, 9VAC5-40-
2460, 9VAC5-40-2610, 9VAC5-40-3330, 9VAC5-40-3480, 9VAC5-40-4830, 
9VAC5-40-5270, 9VAC5-40-6390, 9VAC5-40-6690, 9VAC5-40-6880, 9VAC5-40-
7030, 9VAC5-40-7470, 9VAC5-40-8090, 9VAC5-50-320, and Article 4 (9VAC5-
60-200 et seq.) and Article 5 (9VAC5-60-300 et seq.) of 9VAC5-60 in 
their entirety.
    EPA Response: At Virginia's request, in this final rulemaking 
action, EPA removed all references to the air toxics regulations in the 
compilation of the ``Commonwealth of Virginia Requirements Applicable 
to OCS Sources'' in 40 CFR part 55. EPA does not believe removal of the 
toxics sections of VAC will have any adverse impact on VADEQ's ability 
to properly implement air quality permitting for OCS sources, since 
they are not related to the attainment and maintenance of Federal and 
state ambient air quality standards.

[[Page 56123]]

    Comment: VADEQ requested that Part I (9VAC5-80-5 et seq.) of 9VAC5-
80 be removed in its entirety from 40 CFR part 55, noting that this 
section, Permit Actions Before the Board, is a requirement of state 
code and cannot be implemented or enforced by EPA.
    EPA Response: At Virginia's request, in this final rulemaking 
action, EPA removed Part I of 9VAC5-80 from the compilation of the 
``Commonwealth of Virginia Requirements Applicable to OCS Sources'' in 
40 CFR part 55. EPA does not believe removal of Part I (9VAC5-80-5 et 
seq.) of 9VAC5-80 will have any adverse impact on VADEQ's ability to 
properly implement air quality permitting on OCS sources, since they 
are not related to the attainment and maintenance of Federal and state 
ambient air quality standards.
    Additionally, for clarification purposes, because Virginia has been 
delegated authority to implement and enforce the requirements of the 
OCS Regulations within 25 miles of Virginia's seaward boundary, the 
inclusion of a regulation into 40 CFR part 55 does not designate EPA as 
the appropriate authority to implement or enforce those provisions of 
Virginia's regulations, but, rather, reinforces that VADEQ has the 
ability to implement and enforce those potentially applicable 
provisions on OCS sources, for which Virginia is designated as the COA. 
See 77 FR 44231 (July 27, 2012).
    Comment: VADEQ noted a typographical error in EPA's April 16, 2019 
NPRM under Article 1 (9VAC5-80-50 et seq.) of Part II of 9VAC5-80, the 
effective date of 03/02/2011 should be corrected to be 11/16/2016.
    EPA Response: EPA agrees with the commenter and has made the 
requested typographical correction.
    Comment: VADEQ requested that Part IV (9VAC5-130-100) of 9VAC5-130 
be removed. VADEQ noted that this section, Local Ordinances, is a 
template for the use of local jurisdictions to develop their own open 
burning ordinances. VADEQ also noted that this is a requirement of 
state code and cannot be implemented or enforced by EPA.
    EPA Response: At Virginia's request, in this final rulemaking 
action, EPA removed Part IV (9VAC5-130-100) of 9VAC5-130 from the 
compilation of the ``Commonwealth of Virginia Requirements Applicable 
to OCS Sources'' in 40 CFR part 55. EPA does not believe removal of 
Part IV (9VAC5-130-100) of 9VAC5-130 will have any adverse impact on 
VADEQ's ability to properly implement air quality permitting on OCS 
sources, since they are not related to the attainment and maintenance 
of Federal and state ambient air quality standards.
    In a previous response to comment, EPA addressed VADEQ's statement 
regarding EPA's ability to implement or enforce VAC provisions and will 
not be restating that here.
    Comment: One commenter stated that regulating emissions from OCS 
sources within 25 miles of the coast to make them in accordance with 
onshore sources could make existing OCS sources within 25 miles 
obsolete. The commenter further asserts that dozens of oil rigs inside 
25 miles comply with current OCS regulations, which require them to 
lower their emissions. In turn, the commenter states that requiring 
sources to comply with OCS requirements could cost rig owners a 
significant amount of money if they have to update or modify the rigs 
to comply. The commenter asserts that this could hurt many drilling 
businesses and as a result, hurt the economy. Finally, the commenter 
asks EPA to not go through with this proposal and allow companies to 
continue drilling within 25 miles of the shore under the current OCS 
regulations.
    EPA Response: As noted in EPA's April 16, 2019 NPRM, this action is 
being taken because section 328(a) of the CAA requires that EPA 
establish requirements to control air pollution from OCS sources 
located within 25 miles of States' seaward boundaries that are the same 
as onshore requirements. See 84 FR 15549. To comply with this statutory 
mandate, EPA must incorporate applicable onshore rules into 40 CFR part 
55 as they exist onshore. This limits EPA's flexibility in deciding 
which requirements will be incorporated into 40 CFR part 55 and 
prevents EPA from making substantive changes to the requirements it 
incorporates. This rulemaking action is simply updating requirements 
that were previously incorporated by reference into 40 CFR part 55. See 
76 FR 43185 (July 20, 2011). Further, as noted in EPA's April 16, 2019 
NPRM and 40 CFR part 55.1, EPA reviewed all of the potentially 
applicable sections of VAC to ensure they are not designed expressly to 
prevent exploration and development of the OCS.
    Comment: Another commenter expressed that the proposed rule should 
take effect. The commenter then discusses Virginia's designation as the 
COA and that the designation enhances the OCS sources' protection. The 
commenter then goes on to discuss tourism in Virginia. Finally, the 
commenter concludes that Virginia should go further to control air 
pollution from OCS sources and comply with standards of the COA.
    EPA Response: While it is unclear to EPA exactly what the 
commenter's main concern is with respect to this rulemaking action, EPA 
is meeting its statutory obligations in CAA section 328(a)(1) and the 
requirements of 40 CFR part 55 with respect to specific OCS 
requirements, upon finalizing this rulemaking action. Additionally, the 
ability of VADEQ to implement and enforce air quality provisions 
potentially applicable to an OCS source, for which Virginia is the COA, 
occurs because Virginia has been delegated the authority, by the EPA, 
to administer and enforce OCS air requirements. See 77 FR 44231 (July 
27, 2012). Lastly, it should be noted that there are many other 
Federal, state, and local agencies involved in the process of 
developing the OCS, and in this final rulemaking action, EPA is 
ensuring that VADEQ has the ability to implement and enforce any 
necessary applicable air quality regulations for which they have been 
designated as the COA for that source.

III. Final Action

    EPA is taking final action to incorporate the rules potentially 
applicable to OCS sources for which the Commonwealth of Virginia will 
be the COA. The rules that EPA is taking final action to incorporate 
are applicable provisions of VAC, as amended through February 20, 2019. 
The rules that EPA is taking final action to incorporate will replace 
the rules previously incorporated into ``Commonwealth of Virginia 
Requirements Applicable to OCS Sources,'' dated March 2, 2011, which 
was incorporated by reference into 40 CFR part 55. See 76 FR 43185 
(July 20, 2011).

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes 
incorporation by reference. In accordance with the requirements of 1 
CFR 51.5, EPA is finalizing the incorporation by reference of 
``Commonwealth of Virginia Requirements Applicable to OCS Sources,'' 
dated February 20, 2019, which is the compilation of provisions of the 
VAC described in the amendments to 40 CFR part 55 set forth below. EPA 
has made, and will continue to make, these materials available through 
www.regulations.gov and at the EPA Region III Office (please contact 
the person identified in the FOR FURTHER INFORMATION CONTACT section of 
this preamble for more information).

[[Page 56124]]

V. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to establish 
requirements to control air pollution from OCS sources located within 
25 miles of states' seaward boundaries that are the same as onshore air 
pollution control requirements. To comply with this statutory mandate, 
the EPA must incorporate applicable onshore rules into 40 CFR part 55 
as they exist onshore. See 42 U.S.C. 7627(a)(1); 40 CFR 55.12. Thus, in 
promulgating OCS consistency updates, EPA's role is to maintain 
consistency between OCS regulations and the regulations of onshore 
areas, provided that they meet the criteria of the CAA. Accordingly, 
this action simply updates the existing OCS requirements to make them 
consistent with requirements onshore, without the exercise of any 
policy direction by EPA. 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);
     Is not an Executive Order 13771 regulatory action because 
this action is not significant under Executive Order 12866.
     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).
    In addition, this rule incorporating by reference sections of VAC, 
does not have tribal implications as specified by Executive Order 13175 
(65 FR 67249, November 9, 2000), because this action is not approved to 
apply in Indian country located in the state, and EPA notes that it 
does not impose substantial direct costs on tribal governments or 
preemptive tribal law.
    Under the provisions of the Paperwork Reduction Act, 44 U.S.C 3501 
et seq., an agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information unless it displays 
a currently valid OMB control number. OMB has approved the information 
collection requirements contained in 40 CFR part 55 and, by extension, 
this update to the rules, and has assigned OMB control number 2060-
0249. OMB approved the EPA Information Collection Request (ICR) No. 
1601.08 on September 18, 2017.\3\ The current approval expires 
September 30, 2020. The annual public reporting and recordkeeping 
burden for collection of information under 40 CFR part 55 is estimated 
to average 643 hours per response, using the definition of burden 
provided in 44 U.S.C. 3502(2).
---------------------------------------------------------------------------

    \3\ OMB's approval of the ICR can be viewed at www.reginfo.gov.
---------------------------------------------------------------------------

    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. The 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).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by December 20, 2019. Filing a 
petition for reconsideration by the 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. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)
    EPA is incorporating the rules potentially applicable to sources 
for which the Commonwealth of Virginia is the COA. The rules that EPA 
is incorporating are applicable provisions of VAC.

List of Subjects in 40 CFR Part 55

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

    Dated: August 27, 2019.
Cosmo Servidio,
Regional Administrator, Region III.

    Part 55 of Chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

PART 55--OUTER CONTINENTAL SHELF AIR REGULATIONS

0
1. The authority citation for part 55 continues to read as follows:

    Authority: Section 328 of the Clean Air Act (42 U.S.C. 7401 et 
seq.) as amended by Public Law 101-549.


0
2. Section 55.14 is amended by revising paragraph (e)(22)(i)(A) to read 
as follows:


Sec.  55.14  Requirements that apply to OCS sources located within 25 
miles of States' seaward boundaries, by State.

* * * * *
    (e) * * *
    (22) * * *
    (i) * * *
    (A) Commonwealth of Virginia Requirements Applicable to OCS 
Sources, February 20, 2019.
* * * * *

0
3. Appendix A to part 55 is amended by revising paragraph (a)(1) under 
the heading ``Virginia'' to read as follows:

Appendix A to Part 55--Listing of State and Local Requirements 
Incorporated by Reference Into Part 55, by State

* * * * *

    Virginia:
    (a) * * *

[[Page 56125]]

    (1) The following Commonwealth of Virginia requirements are 
applicable to OCS Sources, February 20, 2019, Commonwealth of 
Virginia--Virginia Department of Environmental Quality.
    The following sections of Virginia Regulations for the Control 
and Abatement of Air Pollution Control (VAC), Title 9, Agency 5:

Chapter 10--General Definitions

(Effective 05/19/2017)

9VAC5-10-10. General.
9VAC5-10-20. Terms defined.
9VAC5-10-30. Abbreviations.

Chapter 20--General Provisions

(Effective 02/19/2018)

Part I--Administrative

9VAC5-20-10. Applicability.
9VAC5-20-21. Documents incorporated by reference.
9VAC5-20-50. Variances.
9VAC5-20-70. Circumvention.
9VAC5-20-80. Relationship of state regulations to federal 
regulations.
9VAC5-20-121. Air quality program policies and procedures.

Part II--Air Quality Programs

9VAC5-20-160. Registration.
9VAC5-20-170. Control programs.
9VAC5-20-180. Facility and control equipment maintenance or 
malfunction.
9VAC5-20-200. Air quality control regions.
9VAC5-20-203. Maintenance areas.
9VAC5-20-204. Nonattainment areas.
9VAC5-20-205. Prevention of significant deterioration areas.
9VAC5-20-206. Volatile organic compound and nitrogen oxides emission 
control areas.
9VAC5-20-220. Shutdown of a stationary source.
9VAC5-20-230. Certification of documents.

Chapter 30--Ambient Air Quality Standards

(Effective 05/15/2017)

9VAC5-30-10. General.
9VAC5-30-15. Reference conditions.
9VAC5-30-30. Sulfur oxides (sulfur dioxide).
9VAC5-30-40. Carbon monoxide.
9VAC5-30-50. Ozone (1-hour).
9VAC5-30-55. Ozone (8-hour, 0.08 ppm).
9VAC5-30-56. Ozone (8-hour, 0.075 ppm).
9VAC5-30-57. Ozone (8-hour, 0.070 ppm).
9VAC5-30-60. Particulate matter (PM10).
9VAC5-30-65. Particulate matter (PM2.5).
9VAC5-30-66. Particulate matter (PM2.5).
9VAC5-30-67. Particulate matter (PM2.5).
9VAC5-30-70. Oxides of nitrogen with nitrogen dioxide as the 
indicator.
9VAC5-30-80. Lead.

Chapter 40--Existing Stationary Sources

Part I--Special Provisions

(Effective 12/12/2007)

9VAC5-40-10. Applicability.
9VAC5-40-20. Compliance.
9VAC5-40-21. Compliance schedules.
9VAC5-40-22. Interpretation of emission standards based on process 
weight-rate tables.
9VAC5-40-30. Emission testing.
9VAC5-40-40. Monitoring.
9VAC5-40-41. Emission monitoring procedures for existing sources.
9VAC5-40-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--Visible Emissions and Fugitive Dust/Emissions

(Effective 02/01/2003)

9VAC5-40-60. Applicability and designation of affected facility.
9VAC5-40-70. Definitions.
9VAC5-40-80. Standard for visible emissions.
9VAC5-40-90. Standard for fugitive dust/emissions.
9VAC5-40-100. Monitoring.
9VAC5-40-110. Test methods and procedures.
9VAC5-40-120. Waivers.

Article 4--General Process Operations

(Effective 12/15/2006)

9VAC5-40-240. Applicability and designation of affected facility.
9VAC5-40-250. Definitions.
9VAC5-40-260. Standard for particulate matter (AQCR 1-6).
9VAC5-40-270. Standard for particulate matter (AQCR 7).
9VAC5-40-280. Standard for sulfur dioxide.
9VAC5-40-290. Standard for hydrogen sulfide.
9VAC5-40-320. Standard for visible emissions.
9VAC5-40-330. Standard for fugitive dust/emissions.
9VAC5-40-360. Compliance.
9VAC5-40-370. Test methods and procedures.
9VAC5-40-380. Monitoring.
9VAC5-40-390. Notification, records and reporting.
9VAC5-40-400. Registration.
9VAC5-40-410. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-420. Permits.

Article 7--Incinerators

(Effective 01/01/1985)

9VAC5-40-730. Applicability and designation of affected facility.
9VAC5-40-740. Definitions.
9VAC5-40-750. Standard for particulate matter.
9VAC5-40-760. Standard for visible emissions.
9VAC5-40-770. Standard for fugitive dust/emissions.
9VAC5-40-800. Prohibition of flue-fed incinerators.
9VAC5-40-810. Compliance.
9VAC5-40-820. Test methods and procedures.
9VAC5-40-830. Monitoring.
9VAC5-40-840. Notification, records and reporting.
9VAC5-40-850. Registration.
9VAC5-40-860. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-870. Permits.

Article 8--Fuel Burning Equipment

(Effective 01/01/2002)

9VAC5-40-880. Applicability and designation of affected facility.
9VAC5-40-890. Definitions.
9VAC5-40-900. Standard for particulate matter.
9VAC5-40-910. Emission allocation system.
9VAC5-40-920. Determination of collection equipment efficiency 
factor.
9VAC5-40-930. Standard for sulfur dioxide.
9VAC5-40-940. Standard for visible emissions.
9VAC5-40-950. Standard for fugitive dust/emissions.
9VAC5-40-980. Compliance.
9VAC5-40-990. Test methods and procedures.
9VAC5-40-1000. Monitoring.
9VAC5-40-1010. Notification, records and reporting.
9VAC5-40-1020. Registration.
9VAC5-40-1030. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-1040. Permits.

Article 14--Sand-Gravel Processing; Stone Quarrying & Processing

(Effective 01/01/1985)

9VAC5-40-1820. Applicability and designation of affected facility.
9VAC5-40-1830. Definitions.
9VAC5-40-1840. Standard for particulate matter.
9VAC5-40-1850. Standard for visible emissions.
9VAC5-40-1860. Standard for fugitive dust/emissions.
9VAC5-40-1890. Compliance.
9VAC5-40-1900. Test methods and procedures.
9VAC5-40-1910. Monitoring.
9VAC5-40-1920. Notification, records and reporting.
9VAC5-40-1930. Registration.
9VAC5-40-1940. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-1950. Permits.

Article 17--Woodworking Operations

(Effective 01/01/1985)

9VAC5-40-2250. Applicability and designation of affected facility.
9VAC5-40-2260. Definitions.
9VAC5-40-2270. Standard for particulate matter.
9VAC5-40-2280. Standard for visible emissions.
9VAC5-40-2290. Standard for fugitive dust/emissions.
9VAC5-40-2320. Compliance.
9VAC5-40-2330. Test methods and procedures.
9VAC5-40-2340. Monitoring.
9VAC5-40-2350. Notification, records and reporting.
9VAC5-40-2360. Registration.
9VAC5-40-2370. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-2380. Permits.

Article 18--Primary and Secondary Metal Operations

(Effective 01/01/1985)

9VAC5-40-2390. Applicability and designation of affected facility.
9VAC5-40-2400. Definitions.
9VAC5-40-2410. Standard for particulate matter.

[[Page 56126]]

9VAC5-40-2420. Standard for sulfur oxides.
9VAC5-40-2430. Standard for visible emissions.
9VAC5-40-2440. Standard for fugitive dust/emissions.
9VAC5-40-2470. Compliance.
9VAC5-40-2480. Test methods and procedures.
9VAC5-40-2490. Monitoring.
9VAC5-40-2500. Notification, records and reporting.
9VAC5-40-2510. Registration.
9VAC5-40-2520. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-2530. Permits.

Article 19--Lightweight Aggregate Process Operations

(Effective 01/01/1985)

9VAC5-40-2540. Applicability and designation of affected facility.
9VAC5-40-2550. Definitions.
9VAC5-40-2560. Standard for particulate matter.
9VAC5-40-2570. Standard for sulfur oxides.
9VAC5-40-2580. Standard for visible emissions.
9VAC5-40-2590. Standard for fugitive dust/emissions.
9VAC5-40-2620. Compliance.
9VAC5-40-2630. Test methods and procedures.
9VAC5-40-2640. Monitoring.
9VAC5-40-2650. Notification, records and reporting.
9VAC5-40-2660. Registration.
9VAC5-40-2670. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-2680. Permits.

Article 24--Solvent Metal Cleaning Operations

(Effective 03/24/2004)

9VAC5-40-3260. Applicability and designation of affected facility.
9VAC5-40-3270. Definitions.
9VAC5-40-3280. Standard for volatile organic compounds.
9VAC5-40-3290. Control technology guidelines.
9VAC5-40-3300. Standard for visible emissions.
9VAC5-40-3310. Standard for fugitive dust/emissions.
9VAC5-40-3340. Compliance.
9VAC5-40-3350. Test methods and procedures.
9VAC5-40-3360. Monitoring.
9VAC5-40-3370. Notification, records and reporting.
9VAC5-40-3380. Registration.
9VAC5-40-3390. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-3400. Permits.

Article 25--VOC Storage & Transfer Operations

(Effective 07/01/1991)

9VAC5-40-3410. Applicability and designation of affected facility.
9VAC5-40-3420. Definitions.
9VAC5-40-3430. Standard for volatile organic compounds.
9VAC5-40-3440. Control technology guidelines.
9VAC5-40-3450. Standard for visible emissions.
9VAC5-40-3460. Standard for fugitive dust/emissions.
9VAC5-40-3490. Compliance.
9VAC5-40-3500. Test methods and procedures.
9VAC5-40-3510. Monitoring.
9VAC5-40-3520. Notification, records and reporting.
9VAC5-40-3530. Registration.
9VAC5-40-3540. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-3550. Permits.

Article 34--Miscellaneous Metal Parts/Products Coating Application

(Effective 02/01/2016)

9VAC5-40-4760. Applicability and designation of affected facility.
9VAC5-40-4770. Definitions.
9VAC5-40-4780. Standard for volatile organic compounds.
9VAC5-40-4790. Control technology guidelines.
9VAC5-40-4800. Standard for visible emissions.
9VAC5-40-4810. Standard for fugitive dust/emissions.
9VAC5-40-4840. Compliance.
9VAC5-40-4850. Test methods and procedures.
9VAC5-40-4860. Monitoring.
9VAC5-40-4870. Notification, records and reporting.
9VAC5-40-4880. Registration.
9VAC5-40-4890. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-4900. Permits.

Article 37--Petroleum Liquid Storage and Transfer Operations

(Effective 07/30/2015)

9VAC5-40-5200. Applicability and designation of affected facility.
9VAC5-40-5210. Definitions.
9VAC5-40-5220. Standard for volatile organic compounds.
9VAC5-40-5230. Control technology guidelines.
9VAC5-40-5240. Standard for visible emissions.
9VAC5-40-5250. Standard for fugitive dust/emissions.
9VAC5-40-5280. Compliance.
9VAC5-40-5290. Test methods and procedures.
9VAC5-40-5300. Monitoring.
9VAC5-40-5310. Notification, records and reporting.
9VAC5-40-5320. Registration.
9VAC5-40-5330. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-5340. Permits.

Article 41--Mobile Sources

(Effective 08/01/1991)

9VAC5-40-5650. Applicability and designation of affected facility.
9VAC5-40-5660. Definitions.
9VAC5-40-5670. Motor vehicles.
9VAC5-40-5680. Other mobile sources.
9VAC5-40-5690. Export/import of motor vehicles.

Article 45--Commercial/Industrial Solid Waste Incinerators

(Effective 11/16/2016)

9VAC5-40-6250. Applicability and designation of affected facility.
9VAC5-40-6260. Definitions.
9VAC5-40-6270. Standard for particulate matter.
9VAC5-40-6360. Standard for visible emissions.
9VAC5-40-6370. Standard for fugitive dust/emissions.
9VAC5-40-6400. Operator training and qualification.
9VAC5-40-6410. Waste management plan.
9VAC5-40-6420. Compliance schedule.
9VAC5-40-6430. Operating limits.
9VAC5-40-6440. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-6450. Test methods and procedures.
9VAC5-40-6460. Compliance.
9VAC5-40-6470. Monitoring.
9VAC5-40-6480. Recordkeeping and reporting.
9VAC5-40-6490. Requirements for air curtain incinerators.
9VAC5-40-6500. Registration.
9VAC5-40-6510. Permits.
9VAC5-40-6520. Documents Incorporated by Reference.

Article 46--Small Municipal Waste Combustors

(Effective 05/04/2005)

9VAC5-40-6550. Applicability and designation of affected facility.
9VAC5-40-6560. Definitions.
9VAC5-40-6570. Standard for particulate matter.
9VAC5-40-6580. Standard for carbon monoxide.
9VAC5-40-6590. Standard for dioxins/furans.
9VAC5-40-6600. Standard for hydrogen chloride.
9VAC5-40-6610. Standard for sulfur dioxide.
9VAC5-40-6620. Standard for nitrogen oxides.
9VAC5-40-6630. Standard for lead.
9VAC5-40-6640. Standard for cadmium.
9VAC5-40-6650. Standard for mercury.
9VAC5-40-6660. Standard for visible emissions.
9VAC5-40-6670. Standard for fugitive dust/emissions.
9VAC5-40-6700. Operator training and certification.
9VAC5-40-6710. Compliance schedule.
9VAC5-40-6720. Operating requirements.
9VAC5-40-6730. Compliance.
9VAC5-40-6740. Test methods and procedures.
9VAC5-40-6750. Monitoring.
9VAC5-40-6760. Recordkeeping.
9VAC5-40-6770. Reporting.
9VAC5-40-6780. Requirements for air curtain incinerators that burn 
100 percent yard waste.
9VAC5-40-6790. Registration.
9VAC5-40-6800. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-6810. Permits.

Article 47--Solvent Cleaning

(Effective 03/24/2004)

9VAC5-40-6820. Applicability and designation of affected facility.

[[Page 56127]]

9VAC5-40-6830. Definitions.
9VAC5-40-6840. Standard for volatile organic compounds.
9VAC5-40-6850. Standard for visible emissions.
9VAC5-40-6860. Standard for fugitive dust/emissions.
9VAC5-40-6890. Compliance.
9VAC5-40-6900. Compliance schedules.
9VAC5-40-6910. Test methods and procedures.
9VAC5-40-6920. Monitoring.
9VAC5-40-6930. Notification, records and reporting.
9VAC5-40-6940. Registration.
9VAC5-40-6950. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-6960. Permits.

Article 48--Mobile Equipment Repair and Refinishing

(Effective 10/01/2013)

9VAC5-40-6970. Applicability and designation of affected facility.
9VAC5-40-6975. Exemptions.
9VAC5-40-6980. Definitions.
9VAC5-40-6990. Standard for volatile organic compounds.
9VAC5-40-7000. Standard for visible emissions.
9VAC5-40-7010. Standard for fugitive dust/emissions.
9VAC5-40-7040. Compliance.
9VAC5-40-7050. Compliance schedule.
9VAC5-40-7060. Test methods and procedures.
9VAC5-40-7070. Monitoring.
9VAC5-40-7080. Notification, records and reporting.
9VAC5-40-7090. Registration.
9VAC5-40-7100. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-7110. Permits.

Article 51--Stationary Sources Subject to Case-by-Case RACT 
Determinations

(Effective 12/02/2015)

9VAC5-40-7370. Applicability and designation of affected facility.
9VAC5-40-7380. Definitions.
9VAC5-40-7390. Standard for volatile organic compounds (1-hour ozone 
standard)
9VAC5-40-7400. Standard for volatile organic compounds (8-hour ozone 
standard).
9VAC5-40-7410. Standard for nitrogen oxides (1-hour ozone standard).
9VAC5-40-7420. Standard for nitrogen oxides (8-hour ozone standard).
9VAC5-40-7430. Presumptive reasonably available control technology 
guidelines for stationary sources of nitrogen oxides.
9VAC5-40-7440. Standard for visible emissions.
9VAC5-40-7450. Standard for fugitive dust/emissions.
9VAC5-40-7480. Compliance.
9VAC5-40-7490. Test methods and procedures.
9VAC5-40-7500. Monitoring.
9VAC5-40-7510. Notification, records and reporting.
9VAC5-40-7520. Registration.
9VAC5-40-7530. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-7540. Permits.

Article 54--Large Municipal Waste Combustors

(Effective 07/01/2003)

9VAC5-40-7950. Applicability and designation of affected facility.
9VAC5-40-7960. Definitions.
9VAC5-40-7970. Standard for particulate matter.
9VAC5-40-7980. Standard for carbon monoxide.
9VAC5-40-7990. Standard for cadmium.
9VAC5-40-8000. Standard for lead.
9VAC5-40-8010. Standard for mercury.
9VAC5-40-8020. Standard for sulfur dioxide.
9VAC5-40-8030. Standard for hydrogen chloride.
9VAC5-40-8040. Standard for dioxin/furan.
9VAC5-40-8050. Standard for nitrogen oxides.
9VAC5-40-8060. Standard for visible emissions.
9VAC5-40-8070. Standard for fugitive dust/emissions.
9VAC5-40-8100. Compliance.
9VAC5-40-8110. Compliance schedules.
9VAC5-40-8120. Operating practices.
9VAC5-40-8130. Operator training and certification.
9VAC5-40-8140. Test Methods and Procedures.
9VAC5-40-8150. Monitoring.
9VAC5-40-8160. Notification, Records and Reporting.
9VAC5-40-8170. Registration.
9VAC5-40-8180. Facility and control equipment maintenance or 
malfunction.
9VAC5-40-8190. Permits.

Chapter 50--New and Modified Stationary Sources

Part I--Special Provisions

(Effective 12/12/2007)

9VAC5-50-10. Applicability.
9VAC5-50-20. Compliance.
9VAC5-50-30. Performance testing.
9VAC5-50-40. Monitoring.
9VAC5-50-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--Visible Emissions and Fugitive Dust/Emissions

(Effective 02/01/2003)

9VAC5-50-60. Applicability and designation of affected facility.
9VAC5-50-70. Definitions.
9VAC5-50-80. Standard for visible emissions.
9VAC5-50-90. Standard for fugitive dust/emissions.
9VAC5-50-100. Monitoring.
9VAC5-50-110. Test methods and procedures.
9VAC5-50-120. Waivers.

Article 4--Stationary Sources

(Effective 11/07/2012)

9VAC5-50-240. Applicability and designation of affected facility.
9VAC5-50-250. Definitions.
9VAC5-50-260. Standard for stationary sources.
9VAC5-50-270. Standard for major stationary sources (nonattainment 
areas).
9VAC5-50-280. Standard for major stationary sources (prevention of 
significant deterioration areas).
9VAC5-50-290. Standard for visible emissions.
9VAC5-50-300. Standard for fugitive dust/emissions.
9VAC5-50-330. Compliance.
9VAC5-50-340. Test methods and procedures.
9VAC5-50-350. Monitoring.
9VAC5-50-360. Notification, records and reporting.
9VAC5-50-370. Registration.
9VAC5-50-380. Facility and control equipment maintenance or 
malfunction.
9VAC5-50-390. Permits.

Article 5--EPA New Source Performance Standards

(Effective 02/20/2019)

9VAC5-50-400. General.
9VAC5-50-405. Authority to implement and enforce standards as 
authorized by EPA.
9VAC5-50-410. Designated standards of performance.
9VAC5-50-420. Word or phrase substitutions.

Chapter 60--Hazardous Air Pollutant Sources

Part I--Special Provisions

(Effective 08/01/2002)

9VAC5-60-10. Applicability.
9VAC5-60-20. Compliance.
9VAC5-60-30. Emission testing.
9VAC5-60-40. Monitoring.
9VAC5-60-50. Notification, records and reporting.

Part II--Emission Standards

Article 1--EPA National Emissions Standards for Hazardous Air 
Pollutants

(Effective 02/20/2019)

9VAC5-60-60. General.
9VAC5-60-65. Authority to implement and enforce standards as 
authorized by EPA.
9VAC5-60-70. Designated emission standards.
9VAC5-60-80. Word or phrase substitutions.

Article 2--EPA Maximum Achievable Control Technology Standards

(Effective 03/02/2011)

9VAC5-60-90. General.
9VAC5-60-95. Authority to implement and enforce standards as 
authorized by EPA.
9VAC5-60-100. Designated emission standards.
9VAC5-60-110. Word or phrase substitutions.

Article 3--Control Technology Determinations for Major Sources of 
Hazardous Air Pollutants

(Effective 07/01/2004)

9VAC5-60-120. Applicability.
9VAC5-60-130. Definitions.
9VAC5-60-140. Approval process for new and existing affected 
sources.
9VAC5-60-150. Application content for case-by-case MACT 
determinations.

[[Page 56128]]

9VAC5-60-160. Preconstruction review procedures for new affected 
sources subject to 9VAC5-60-140 C 1.
9VAC5-60-170. Maximum achievable control technology (MACT) 
determinations for affected sources subject to case-by-case 
determination of equivalent emission limitations.
9VAC5-60-180. Requirements for case-by-case determination of 
equivalent emission limitations after promulgation of a subsequent 
MACT standard.

Chapter 70--Air Pollution Episode Prevention

(Effective 04/01/1999)

9VAC5-70-10. Applicability.
9VAC5-70-20. Definitions.
9VAC5-70-30. General.
9VAC5-70-40. Episode determination
9VAC5-70-50. Standby emission reduction plans.
9VAC5-70-60. Control requirements.
9VAC5-70-70. Local air pollution control agency participation.

Chapter 80--Permits for Stationary Sources

Part II--Permit Procedures

Article 1--Federal (Title V) Operating Permits for Stationary Sources

(Effective 11/16/2016)

9VAC5-80-50. Applicability.
9VAC5-80-60. Definitions.
9VAC5-80-70. General.
9VAC5-80-80. Applications.
9VAC5-80-90. Application information required.
9VAC5-80-100. Emission caps.
9VAC5-80-110. Permit content.
9VAC5-80-120. General permits.
9VAC5-80-130. Temporary sources.
9VAC5-80-140. Permit shield.
9VAC5-80-150. Action on permit application.
9VAC5-80-160. Transfer of permits.
9VAC5-80-170. Permit renewal and expiration.
9VAC5-80-180. Permanent shutdown for emissions trading.
9VAC5-80-190. Changes to permits.
9VAC5-80-200. Administrative permit amendments.
9VAC5-80-210. Minor permit modifications.
9VAC5-80-220. Group processing of minor permit modifications.
9VAC5-80-230. Significant modification procedures.
9VAC5-80-240. Reopening for cause.
9VAC5-80-250. Malfunction.
9VAC5-80-260. Enforcement.
9VAC5-80-270. Public participation.
9VAC5-80-280. Operational flexibility.
9VAC5-80-290. Permit review by EPA and affected states.
9VAC5-80-300. Voluntary inclusions of additional state-only 
requirements as applicable state requirements in the permit.

Article 2--Permit Program (Title V) Fees for Stationary Sources

(Effective 01/01/2018)

9VAC5-80-310. Applicability.
9VAC5-80-320. Definitions.
9VAC5-80-330. General.
9VAC5-80-340. Annual permit program fee calculation prior to January 
1, 2018.
9VAC5-80-342. Annual Permit program emissions fee calculation on and 
after January 2, 2018.
9VAC5-80-350. Annual permit program emissions fee payment.

Article 4--Insignificant Activities

(Effective 01/01/2001)

9VAC5-80-710. General.
9VAC5-80-720. Insignificant activities.

Article 5--State Operating Permits

(Effective 12/31/2008)

9VAC5-80-800. Applicability.
9VAC5-80-810. Definitions.
9VAC5-80-820. General.
9VAC5-80-830. Applications.
9VAC5-80-840. Application information required.
9VAC5-80-850. Standards and conditions for granting permits.
9VAC5-80-860. Action on permit application.
9VAC5-80-870. Application review and analysis.
9VAC5-80-880. Compliance determination and verification by testing.
9VAC5-80-890. Monitoring requirements.
9VAC5-80-900. Reporting requirements.
9VAC5-80-910. Existence of permit no defense.
9VAC5-80-920. Circumvention.
9VAC5-80-930. Compliance with local zoning requirements.
9VAC5-80-940. Transfer of permits.
9VAC5-80-950. Termination of permits.
9VAC5-80-960. Changes to permits.
9VAC5-80-970. Administrative permit amendments.
9VAC5-80-980. Minor permit amendments.
9VAC5-80-990. Significant amendment procedures.
9VAC5-80-1000. Reopening for cause.
9VAC5-80-1010. Enforcement.
9VAC5-80-1020. Public participation.
9VAC5-80-1030. General permits.
9VAC5-80-1040. Review and evaluation of article.

Article 6--Permits for New and Modified Stationary Sources

(Effective 03/27/2014)

9VAC5-80-1100. Applicability.
9VAC5-80-1105. Permit Exemptions.
9VAC5-80-1110. Definitions.
9VAC5-80-1120. General.
9VAC5-80-1140. Applications.
9VAC5-80-1150. Application information required.
9VAC5-80-1160. Action on permit application.
9VAC5-80-1170. Public participation.
9VAC5-80-1180. Standards and conditions for granting permits.
9VAC5-80-1190. Application review and analysis.
9VAC5-80-1200. Compliance determination and verification by 
performance testing.
9VAC5-80-1210. Permit invalidation, suspension, revocation and 
enforcement.
9VAC5-80-1220. Existence of permit no defense.
9VAC5-80-1230. Compliance with local zoning requirements.
9VAC5-80-1240. Transfer of permits.
9VAC5-80-1250. General permits.
9VAC5-80-1255. Actions to combine permit terms and conditions.
9VAC5-80-1260. Actions to change permits.
9VAC5-80-1270. Administrative permit amendments.
9VAC5-80-1280. Minor permit amendments.
9VAC5-80-1290. Significant amendment procedures.
9VAC5-80-1300. Reopening for cause.

Article 7--Permits for New and Reconstructed Major Sources of HAPs

(Effective 12/31/2008)

9VAC5-80-1400. Applicability.
9VAC5-80-1410. Definitions.
9VAC5-80-1420. General.
9VAC5-80-1430. Applications.
9VAC5-80-1440. Application information required.
9VAC5-80-1450. Action on permit application.
9VAC5-80-1460. Public participation.
9VAC5-80-1470. Standards and conditions for granting permits.
9VAC5-80-1480. Application review and analysis.
9VAC5-80-1490. Compliance determination and verification by 
performance testing.
9VAC5-80-1500. Permit invalidation, rescission, revocation and 
enforcement.
9VAC5-80-1510. Existence of permit no defense.
9VAC5-80-1520. Compliance with local zoning requirements.
9VAC5-80-1530. Transfer of permits.
9VAC5-80-1540. Changes to permits.
9VAC5-80-1550. Administrative permit amendments.
9VAC5-80-1560. Minor permit amendments.
9VAC5-80-1570. Significant amendment procedures.
9VAC5-80-1580. Reopening for cause.
9VAC5-80-1590. Requirements for constructed or reconstructed major 
sources subject to a subsequently promulgated MACT standard or MACT 
requirements.

Article 8--Permits for Major Stationary Sources and Modifications--PSD 
Areas

(Effective 08/13/2015)

9VAC5-80-1605. Applicability.
9VAC5-80-1615. Definitions.
9VAC5-80-1625. General.
9VAC5-80-1635. Ambient air increments.
9VAC5-80-1645. Ambient air ceilings.
9VAC5-80-1655. Applications.
9VAC5-80-1665. Compliance with local zoning requirements.
9VAC5-80-1675. Compliance determination and verification by 
performance testing.
9VAC5-80-1685. Stack heights.
9VAC5-80-1695. Exemptions.
9VAC5-80-1705. Control technology review.
9VAC5-80-1715. Source impact analysis.
9VAC5-80-1725. Air quality models.
9VAC5-80-1735. Air quality analysis.
9VAC5-80-1745. Source information.
9VAC5-80-1755. Additional impact analyses.
9VAC5-80-1765. Sources affecting federal class I areas--additional 
requirements.
9VAC5-80-1773. Action on permit application.

[[Page 56129]]

9VAC5-80-1775. Public participation.
9VAC5-80-1785. Source obligation.
9VAC5-80-1795. Environmental impact statements.
9VAC5-80-1805. Disputed permits.
9VAC5-80-1815. Interstate pollution abatement.
9VAC5-80-1825. Innovative control technology.
9VAC5-80-1865. Actuals plantwide applicability limits (PALs).
9VAC5-80-1915. Actions to combine permit terms and conditions.
9VAC5-80-1925. Actions to change permits.
9VAC5-80-1935. Administrative permit amendments.
9VAC5-80-1945. Minor permit amendments.
9VAC5-80-1955. Significant amendment procedures.
9VAC5-80-1965. Reopening for cause.
9VAC5-80-1975. Transfer of permits.
9VAC5-80-1985. Permit invalidation, suspension, revocation, and 
enforcement.
9VAC5-80-1995. Existence of permit no defense.

Article 9--Permits for Major Stationary Sources and Modifications--
Nonattainment Areas

(Effective 05/15/2017)

9VAC5-80-2000. Applicability.
9VAC5-80-2010. Definitions.
9VAC5-80-2020. General.
9VAC5-80-2030. Applications.
9VAC5-80-2040. Application information required.
9VAC5-80-2050. Standards and conditions for granting permits.
9VAC5-80-2060. Action on permit application.
9VAC5-80-2070. Public participation.
9VAC5-80-2080. Compliance determination and verification by 
performance testing.
9VAC5-80-2090. Application review and analysis.
9VAC5-80-2091. Source obligation.
9VAC5-80-2110. Interstate pollution abatement.
9VAC5-80-2120. Offsets.
9VAC5-80-2130. De minimis increases and stationary source 
modification alternatives for ozone nonattainment areas classified 
as serious or severe in 9VAC5-20-204.
9VAC5-80-2140. Exemptions.
9VAC5-80-2144. Actuals plantwide applicability limits (PALs).
9VAC5-80-2150. Compliance with local zoning requirements.
9VAC5-80-2170. Transfer of permits.
9VAC5-80-2180. Permit invalidation, suspension, revocation and 
enforcement.
9VAC5-80-2190. Existence of permit no defense.
9VAC5-80-2195. Actions to combine permit terms and conditions.
9VAC5-80-2200. Actions to change permits.
9VAC5-80-2210. Administrative permit amendments.
9VAC5-80-2220. Minor permit amendments.
9VAC5-80-2230. Significant amendment procedures.
9VAC5-80-2240. Reopening for cause.

Article 10--Permit Application Fees for Stationary Sources

(Effective 01/01/2018)

9VAC5-80-2250. Applicability.
9VAC5-80-2260. Definitions.
9VAC5-80-2270. General.
9VAC5-80-2280. Permit application fee calculation prior to January 
1, 2018.
9VAC5-80-2282. Permit application fee calculation on and after 
January 1, 2018.
9VAC5-80-2290. Permit application fee payment.

Article 11--Annual Permit Maintenance Fees for Stationary Sources

(Effective 01/01/2018)

9VAC5-80-2310. Applicability.
9VAC5-80-2320. Definitions.
9VAC5-80-2330. General.
9VAC5-80-2340. Annual Permit Maintenance Fee Calculation Prior to 
January 1, 2018.
9VAC5-80-2342. Annual Permit Maintenance Fee Calculation on and 
After January 1, 2018.
9VAC5-80-2350. Annual Permit Maintenance Fee Payment.

Chapter 85--Permits for Stationary Sources of Pollutants Subject to 
Regulation

(Effective 08/13/2015)

Part I--Applicability

9VAC5-85-10. Applicability.

Part II--Federal (Title V) Operating Permit Actions

9VAC5-85-20. Federal (Title V) operating permit actions.
9VAC5-85-30. Definitions.

Part III--Prevention of Significant Deterioration Area Permit Actions

9VAC5-85-40. Prevention of Significant Deterioration Area permit 
actions.
9VAC5-85-50. Definitions.

Part IV--State Operating Permit Actions

9VAC5-85-60. State operating permit actions.
9VAC5-85-70. Definitions.

Chapter 130--Open Burning

(Effective 07/15/2015)

Part I--General Provisions

9VAC5-130-10. Applicability.
9VAC5-130-20. Definitions.

Part II--Volatile Organic Compound Emissions Control Areas

9VAC5-130-30. Open burning prohibitions.
9VAC5-130-40. Permissible open burning.

Part III--Special Statewide Requirements for Forestry, Agricultural and 
Highway Programs

9VAC5-130-50. Forest management, agricultural practices and highway 
construction and maintenance programs.

Chapter 151--Transportation Conformity

(Effective 11/16/2016)

Part I--General Definitions

9VAC5-151-10. Definitions.

Part II--General Provisions

9VAC5-151-20. Applicability.
9VAC5-151-30. Authority of board and DEQ.

Part III--Criteria and Procedures for Making Conformity Determinations

9VAC5-151-40. General.
9VAC5-151-50. Designated provisions.
9VAC5-151-60. Word or phrase substitutions.
9VAC5-151-70. Consultation.

Chapter 160--General Conformity

(Effective 05/15/2017)

Part I--General Definitions

9VAC5-160-10. General.
9VAC5-160-20. Terms defined.

Part II--General Provisions

9VAC5-160-30. Applicability.
9VAC5-160-40. Authority of board and department.
9VAC5-160-80. Relationship of state regulations to federal 
regulations.

Part III--Criteria and Procedures for Making Conformity Determinations

9VAC5-160-110. General.
9VAC5-160-120. Federal agency conformity analysis.
9VAC5-160-130. Reporting requirements.
9VAC5-160-140. Public participation.
9VAC5-160-150. Reevaluation of conformity.
9VAC5-160-160. Criteria for determining conformity of general 
federal actions.
9VAC5-160-170. Procedures for conformity determinations.
9VAC5-160-180. Mitigation of air quality impacts.
9VAC5-160-190. Savings provision.
    (2) [Reserved]
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[FR Doc. 2019-22704 Filed 10-18-19; 8:45 am]
 BILLING CODE 6560-50-P